Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-27

ton thereof as the applicant shall appear, from \
the decision Of the court, to rightly possess. II |
il shall appear, from the decision of the court,
that several parties are entitled to separate and
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 tudgment-roll
to the Commissioner ofthe Land Office, as in the
preceding case. and patents shall issue to the
several parties according to their respective
rights. Proof of citizenship under this act, or
the act of July 26th 1856, and July 1870. in the
case OF an individual, may CONSIST In his own
affidavit thereof. and In case of an association OF
persons unincorporsted of the afiidavit of their
authorized agent. made on his own knowledge or
upon information and belief. and in case Of .
corporation organized under the laws Of the
United States or Of any State or Territory Of the
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 q
patent for mining claim to any person what
ever.
SIC s. That the description of vein or lode
claims. upon surveyed lands, shall designate the
location Of the claim with reference 10 the lines
Of the public surveys. but need not conform
Herewith; but where q patent shall be
issued as Aforesaid for claims upon unsur-
the surveys, shall adjust the same to the boun-
DIARIES Of such patented claims, according to the
plat or description thereof, but 30 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
of way to ditch and canal owners over the public
lands. and for other purposes, approved July
twenty sixth. eighteen hundred and sixty-si1,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to final decision in the General Land
Once; 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.
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 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-claims 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 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
plscer-claims cannot be conformed to legal sub
division. survey and plat shall be made as on
unsurvey, d 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 aggregation 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 case subject to the provisions Of this
act and the act entitled IAN 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 five dollars per acre for such vein or
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 fifty cents per acre, together
with all costs of proceedings; and where vein or
lode, such as described in the second section Of
this net, Ia known to exist within the boundaries
Of placer-claim, an application for patent for
such placer-clain, which does not include an ap-
! plicstion for the vein or lode claim, shall be
construed as q conclusive declaration that the
ella rnant of the placer-claim has no right of pos.
session OF the vein or lode claim; but where the
existence of vein or lode in placer.claim Is not
known, apatent for the placer-clAim shall convey
all valuable mineral and other deposits within
| tn boundaries thereof.
SEC. - That the Surveyor General of the
United States may appoint in each land distric,
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
vey mining claims. The expenses Of the surve,
of vein or lode claims, and the survey and sub
division of placer claims into smaller quantitie
than one hundred and sixty acres together with
the cost of publication of notices shall be paid By
the applicants, and they shall be stliberty to OBJ
tain the same ut the most reasonable rates, ant
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner Of the General Land ONO,
shalsAlso 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
published in q land district where mines ar
situated, for the publication of mining notice
in such district, and fx the rates to be charge,
by such paper; and, to the end that the Commits
sioner may be fully informed on the subjec,
each applicant shall file with the Register
sworn statement of all charges and fees paid b
! said applicant for publication and surveys, Il
gether with all fees and money paid the Resiste
and Receiver OF the land office, which statemei
shall b. transmitted, with the papers in til
case. to the Commissioner of the General Lant
Office. The fees of the Register and the r,
: ceiver shall be five dollars each for filing an
acting upon each application for patent or AZ
: verse claim filed, and they shall be allowed ii
amount hxed by law for reducing test
r mony to writing, when done in Land Office, sue
! fees and allowances to be paid by the respect,
: parties; and no other fees shall be charged b
d them in such cases. Nothing in this act shall |
construed to enlarge or affect the rights of eth,
t party in regard to any property In controversy
the time OF the passage of this act, or Of the a
1 entitled "An act granting the right of way
0 ditch and canal owners over the public land
q and for other purposes" approved July 20, 1856
nor shall this act affect any right acquired und
said act; and nothing in this act shall be col
strued to repeal, impair, in any way affect Il
> provisions of the act entitled can act grantiI
/, to A. Sutro the right of way and other privileg
a to aid in the construction of q draining and e.
d ploring tunnel to the Comstock Lode, in Il
IT State Of Nevada" approved July Goth, 1865.
y SEC. IS. That all afhdavits required TO
made under this act, or the act to which It
e. amendatory, may be verified before any ofic
m authorized to administer oaths within the lal
T. district where the claims may be situated, a
l. all testimony and proofs may be taken befc
N any such officer, and when duly certified by I
y officer taking the same, shall have the same fol
y and effect a. II taken before the Register a
h Receiver Of the Land Office. In cases Of cont
a. as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
T. herein provided, on personal notice of at lei
10 ten days to the opposing party; or II said pal
as cannot be found, then by publication of at LEI
IN once . week for thirty days in newspaper, to
ID designated by the Register of the Land Once
v published nearest the location Of such land a
10 the Register shall require proof that such not
o. mas been given.
at SEC. IA That where two or more veins int
I'd sect or cross each other, priority Of title sh
g. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the Sd
be Of intersection: Provided, however That
ng subsequent location shall have the right of '
h. through said space Of intersection for the D
tn possesses of the convenient working Of the .
g. mine: And provided also, That where two
rs more veins unite, the oldest or prior locat
e. shall take the vein below the point Of union,
n. GLIDING all the space Of intersection.
or SEC. Is. That where non-mineral land
ts contiguous to the vein or lode Is used or oc
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-sdjac
Of surface ground may be embraced and inclut
III in an application for patent for such vein
o. lode, and the same may be patented therewi
IN subject to the same preliminary requirenie
If as to survey and notice a. are applicable IN,
he this act to veins or lodes Provided, That