Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-30

pay for his portion OF the claim, with the prop
er fees, and nie the certificate and description
by the Scrveyor-6eneral. vhereupon the ref,ister
shall certify the proceedings and ludgment-ron
to tbs Commissioner Of tho Land Once, as in the /
preceding Case, and patents shah issue to the
several parties according to their respective |
riehts Proof of citizenship under this set, or |
the act Of July 26th ls66, and July g. 1870, in the
case Of an individual, may consist in his own |
affidavit thereof and In of an association Of
persons unincorporsted Of the affdavit OF their |
authorized agent. made on his own knowledge or
upon information and belief, and in case Of u
corporation organized under the laws Of the
United States, or Of any State or Territory of tine
United States, by the filing of q 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.
SIC. 8. 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 q patent shall be
issued as Aforesaid for claims upon unsur-
veyed 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 act entitled An Act granting the right
OF WAY 10 01tcn ana C1uhl O@Qtrs over Inc puDuC
lands. and for other purposes approved July
twenty sixth. eighteen hundred and sixty-six,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose-
cuted to q 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
b,p and cir -ef hal al he rights
and privileges conferred by this act where no
adverse rights exist at the time OF the passage Of
this act.
SEC. 10. That the act 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 as to the proceedings to obtain
patent which shall be similar to the proceed
ings prescribed by sections six and seven Of this
act for obtaining patents to vein or lode claims;
but where said placer-clsims shall be upon sur
veyed 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 rs 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-
listing 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 or corporation in possession Of q placer.
| claim, and also vein or lode included within
the boundaries thereof, application shall be
| made for patent for the placer-claim, with the
statement that 1t includes such vein or lode, and
| in such Gaze subject to the provisions of this
act and the act entitled "An act to amend an act
| 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 the
payment Of 1--WE dollars per acre for such vein OF
lode claim, and twenty-five feet OF surface on
| each side thereof The remainder Of the placer.
claim. or any placer claim not embracing any
vein or lode claim, shall be paid for at the rate
of two dollars and nifty cents per acre, together
with all costs of proceedings: and where vein OF
lode, such as described in the second section Of
| this act Is known to exist within the boundaries
of placer-clsim, an application for patent fol
| such placer-claim, which does not include an ap.
plication for the vein or lode claim, shall bt
construed as o conclusive declaration that the
lA1lADt Oh Tile plhCeT-ClAlM mas no IlRlt OIL DOE
session Of the vein or lode claim; but where the
existence Of vein or lode in placer claim is MOI
known, apatent for the placer-claim shall convey
all valuable mineral and other deposits within
the boundaries thereof.
SEC. 10 That the Surveyor. General of tn,
United States may appoint in each land distric
, containing mineral lands ~ many competen
surveyors as shall apply for appointment to SUI
. vey mining claims. The expenses Of the surve
3 of vein or lode claims, and the survey and sui
wis If nj ot,ou tit
than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid b.
applicants, and they shall be at liberty to oh
tain the same at the most reasonable rates, an,
they shall also be at liberty to employ any Unite
States Deputy Surveyor TO make the survey
; The Commissioner of the General Land Offic
! shall also have power to establish the maximum
charges for surveys and publication of notice
under this act; and, in case of excessive charge
: for publication he may designate any newspape
l published in land district where mines Al
Q situated, for the publication of mining notice
in such district, and fix the rates to be charge
i by such paper; and, to the end that the Comm
S sioner may be fully informed on the subec
e each applicant shall file with the Register
o sworn statement Of all charges and fees paid
g said applicant for publication and surveys, Il
n gether with all fees and money paid the Resist
! and Receiver Of the land-ofice, which statemel
|, shall be transmitted, with the papers in Il
!, case, to the Commissioner of the General Lam
3 Office. The fees of the Register and the r
e ceiver shall be five dollars each for filing al
" acting upon each application for patent or q
is verse claim filed, and they shall be allowed Il
t, amount fixed by law for reducing tes
IT mony to writing, when done in Land Office, SUI
n fees and allowances to be paid by the respecti'
r parties; and no other fees shall be charged
N them in such cases. Nothing in this act shall
D. construed to enlarge affect the rights of eth
1t party in regard to any property in controversy
IN the time of the passage of this act, of the q
ID entitled "An act granting the right Of way
to ditch and canal owners over the public lane
III and for other purposes" approved July &c, 18t
10 shall this act affect any right acquired und
said act; and nothing in this act shall be co
ID strued to repeal, impair, in any way affect
b. provisions of the act entitled IAN act grant,
II, to A. Sutro the right Of way and other privilee
to aid in the construction Of a draining and Q
ed ploring tunnel to the Comstock Lode, in
or State Of Nevada" approved July 25th, 1866.
ay SEC. l3. That all affidavits required to
made under this act, or the act to which 1t
ce, amendatory, may be verified before any OH
i'm authorized to administer oaths within ths Ia
d. district where the claims may be situated q
nj, all testimony and proofs may be taken Def,
i'm any such officer, and when duly certified by
by officer taking the same, shall have the same 70
py and effect as IL taken before the Register Z
~. ss to the mineral or agricultural character
re- land, the testimony and proofs may be taken
IT. herein provided, on personal notice Of at lie
NO ten days to the opposing party; or If said pa
sc | ChuuOt Dt iOuuu, tucu Dy puUuCdtlOu OI NJ le
IN once week for thirty days in newspaper, to
ed designated by the Register Of the Land once
W. published nearest the location Of such land;
he the Register shall require proof that such no,
To- has been given.
lat SEC. IA. That where two or more veins I'M
cd sect or cross each other, priority of title 81
ig- govern, and such prior location shall be EMIT
he to all ore or mineral contained within the 50
he of intersection: Provided, however, That
ng subsequent location shall have the right Of
tn through said space of intersection for the 7
18th possesses Of the convenient working Of the 4
ties mine: And provided also, That where two
hrs more veins unite, the Oldest or prior locst
ve- shall take the vein below the point Of union,
IN GLIDING all the space of intersection.
Ter SEC. 10. That where non-mineral land
cts contiguous to the vein or lode is used or os
he pied by the proprietor Of such vein or lode
be mining or milling purposes, such JAG
of surface ground may be embraced and inclu
all in an application for patent for such veil
40 lode, and the same may be patented therew
on subject to the same preliminary requrenie
If as to survey and notice as are applicable un
he this act to veins or lodes: Provided, That
Ice location hereafter made Of such uon-adjac
on land shall exceed Ave acres, and payment
ed the same must be made ct the same rate - d
Of by this act for the superfcies Of the lode.
rse owner Of quartz mill or reduction works,
,m owning . mine in connection Herewith, y
be also receive patent for his ll-site, % PR
las ded In this section.
SEC. 16 That all acts and parts of acts inc
be sistent herewith are hereby repealed: Provid
be That nothing contained in this act shall be G