Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-23

different portions Of the claim, each party may
pay for his portion Of the claim, with the prop
er fees. and file the certificate and description
by the surveyOr-General. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner of the Land Office, as in the
preceding case. and patents shall issue TO the 4
several parties according to their respective
rights Proof of citizenship under this act, or |
the act of July Goth 1866, and July o. 1870. in the
case Of an individual, may consist in his own
affidavit thereof. and in case of an association OF
persons unincorporated OF the affidavit OF their
authorized agent, made on his own knowledge or I
upon information and belief, and in case OF
corporation organized under the laws Of the /
United States of any State or Territory OF the
United States by the filing of certified copy OF
their charter or certificate of incorporation and
nothing herein contained shall be construed to
prevent the alienation of the title conveyed by
patent for mining claim to any person what
ever.
SEC s. That the description Of vein or lode
claims, upon surveyed lands. shall designate the
location OF the claim with reference to the lines
of the public surveys, but need not conform
Herewith; but where patent shall be
issued as aforesaid for claims upon unsur-
yeyed lands the Surveyor General in extending
the surveys, shall adjust the same to the boun-
daries Of such patented claims, according to the
plat or description thereof, but so as in ne case
to interfere with or change the location of any
such patented claim.
SEC. .. That sections one, two, three. four and
six of an act entitled An Act granting the right
oil way TO ullcl Anu CAual uNutfs oNti PubiiN
lands. and for other purposes, approved July
twenty-sixth. eighteen hundred and si1ty-six,
are hereby repealed, but such repeal shall not
affects xisting rights. Applications for patents
for mining claims now pending may be prose-
cuted to final decision in the General Land
Office; but in such cases where adverse rights
are not affected thereby, patents may issue in
pursuance of the provisions of this act; and all
patents for mining claims heretofore issued
under the act of July twenty sixth. eighteen
hundred and sixty six shall convey all the rights
and privileges conferred by this act where no
adverse rights exist at the time of the passage OF
| this act.
SIC. 10. That the set entitled An Act to
| amend an act granting the right of way to ditch
| and canal owners over the public lands, and for
| other purposes approved July ninth, eighteen
hundred and seventy. shall be and remain IN
full force except to the proceedings to obtain
| patent which shall be similar to the proceed
ings prescribed by sections siA and seven Of this
act for obtaining patents to vein or lode claims;
but where said placer-claims shall be upon sur
| yeyed lands. and conform to legal SUBDIVISIONS,
| no further survey or plat shall be required and
all placer mining claims hereafter located shall
| conform as near as practicable with the United
States system Of public land surveys and the
rectangular subdivisions of such surveys, and
no such location shall include more than twenty
acres for each individual claimant, but where
placer-claims cannot be conformed to legal sub
| division, survey and plat shall be made as on
| unsurveyed lands: Provided, That proceedings
| now pending may be prosecuted to their final
determination under existing laws; but the pro-
visions of this act when not in conflict with ex-
isting laws, shall apply to such cases: And pro.
vided also, That where by the segregation OF
mineral land in any legal subdivision quantity
of agricultural land less than forty acres re-
mains, said fractional portion of agricultural
land may be entered by any party qualified by
law, for homestead or presumption purposes.
SEC. IL. That where the same person, associa-
ton corporation in possession of placer
claim, and also a vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement that it includes such vein or lode, and
in such case Subject to the provisions Of this
act and the act entitled IAN act to amend an nc,
granting the right of way to ditch and canal
owners over the public lands and for other pur.
poses; approved July ninth, eighteen hundred
and seventy patent shall issue for the placer
claim, including such vein or lode, upon tbs
payment Of five dollars per acre for such vein OF
lode claim, and twenty-five feet OF surface OF
; each side thereof. The remainder Of the placer
| claim, or any placer claim not embracing m,
vein or lode claim, shall be paid for at the rat
, of two dollars and fifty cents per acre, together
with all costs of proceedings; and where aven OF
r lode, such as described in the second section o.
' this act is known to exist within the boundaries
! of placer-claim, an application for patent fo
such placer-claim which does not include an ap
t plication for the vein or lode claim, shall b.
+ construed as a conclusive declaration that tn
claimant of the placer-claim has right f pos
l session Of the vein or lode claim; but where tn
existence of vein or lode in placer-claim is no
: known, patent for the placer claim shall conve
= | all valuable mineral and other deposits within
h thu boundaries thereof.
e SEC. IL That the Surveyor-Gen of tn
l. United States may appoint in each land distric
o containing mineral lands as many competer
% surveyors as shall apply for appointment to sui
Ne vey mining claims. The expenses of the surve
Is of vein or lode claims and the survey and sui
If division of placer claims into smaller quanttie
e than one hundred and sixty acres, together wit
g. III. g
n the applicants and they shall be at liberty to oil
Il tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
s. States Deputy Surveyor to make the surve,
e The Commissioner of the General Land OffiC
d shall also have power to establish the maximum
l. charges for surveys and publication of notice
under this act; and in case OF excessive charge
is for publication, he may designate any newspap'
Il published in land district where mines Al
lie situated, for the publication of mining motto,
ct in such district, and fix the rates to be charge
II by such paper; and, to the end that the Commi
rs sioner may be fully informed on the subjec
De each applicant shall file with the Register
to sworn statement of all charges and fees paid
ne said applicant for publication and surveys, t
IN gether with all fees and money paid the Resist
a. and Receiver of the land-ofhce which stateme
d, shall be transmitted, with the papers in t
s. case, to the Commissioner of the General Ian
e. Office. The fees of the Register and the Il
re ceiver shall be five dollars each for filing a
of acting upon each application for patent or q
lis verse claim filed, and they shall be allowed
Ct amount fixed by law for reducing ties
or | mony to writing, when done in Land Office, su
on fees and allowances to be paid by the respecti
En- parties; and no other fees shall be charged
on them in such cases. Nothing in this act shall
M construed to enlarge affect the rights of eitl
at party in regard to any property in controversy
in the time of the passage of this act, or of the
I'D entitled "An act granting the right of way
to ditch and canal owners over the public Ian
i'm and for other purposes" approved July &c, 10
no nor shall this act affect any right acquired un,
said act; and nothing in this act shall be c,
led strued to repeal impair, or in any way affect
oh. provisions of the act entitled IAN act grant
on to A. Sutro the right of way and other privile
be a to aid in the construction of draining and
ted ploring tunnel to the Comstock Lode in
, or State of Nevada, approved July 10Th, 1866.
nay SEC. ID. That all sfidayits required to
Or a made under this act or the act to which il
nee amendatory, may be verified before any off
aim authorized to administer oaths within the i
di. district where the claims may be situated,
raj all testimony and proofs may be taken bel
aim any such officer, and, when duly certified by
by officer taking the same, shall have the same +,
opy and effect as If taken before the Register
nch Receiver of the Land Office. In cases of con
leu as to the mineral or agricultural character
ore. land, the testimony and proofs may be take
pat herein provided, on personal notice of at j
two ten days to the opposing party; or if said p,
4 as cannot be found, then by publication of at |
e in once week for thirty days in newspaper, l.
tied designated by the Register of the Land Offic
ow- | pubhsheu nearest the location OF sucn lana;
the the Register shall require proof that such nc
no. has been given.
that SEC. IA. That where two or more veins IL
riod sect or cross each ether, priority of title
,sg. govern and such prior location shall be emit
d he to all ore or mineral contained within the 81
the of intersection: Provided, however, That
ling subsequent location shall have the right of
nth through said space of intersection for the
with possesses of the convenient working Of the
ates mine; And provided also, That where tw
liars more veins unite, the Oldest or prior loca
oye- shall take the vein below the point of union
ran. Guiding all the space of intersection.
Their SEC. Is. That where nonmineral land
ects contiguous to the vein or lode is used or G
the pied by the proprietor of such vein or lod
o be mining or milling purposes, such nonadja
n of surface ground may be embraced and incll
hall in an application for patent for such vel
no. lode, and the same may be patented therev
Q on subject to the same preliminary requirenl
If as to survey and notice as are applicable vi
the this act to veins lodes: Provided, Tbs
Aice location hereafter made of such nonadja
tion land shall exceed five acres, and paymen
tiled the same must be made at the same rate a.
r of. by this act for the superfcies of the lode.
erse owner of quartz mill or reduction works
rom owning mine in connection herewith,
II be also receive patent for his ill-site, pl
10, | ded in this section