Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-14

2
By the suryeyor-Generzl, whereupon the registe
shall certify the proceedings and judgment-rol
70 the Commissioner Of the Land Once as in IL
preceding case, and patents shall issue to tn
several parties according to their RESPECTIVE
rights. Proof Of citizenship under this act. O
the act Of July 10th ls65. and July o. 1870, in tn
case Of an individual, may consist in his owl
sfhdAyIt thereof, and in case Of an association o
persons unincorporated of the affidavit Of thei
authorized agent, made on his own knowledge o.
upon information and belief. and in case Of
corporation organized under the laws OF tn
United States, or of any State or Territory of tn
United States, by the filing Of 9 certified copy o
their charter or certificate Of Incorporation; AMI
nothing herein contained shall be construed {,
prevent the alienation Of the title conveyed by
/ patent for = mining claim to any person what
I ever
SIC. g. That the description Of vein or lod,
claims. upon surveyed lands, shall designate tn
location OF the claim with reference to the line
Of the public surveys, but need not conform
Herewith; but where a patent shall b.
issued as aforesaid for claims upon unsur
yeyed lands, the Surveyor General in extending
the surveys. shall adjust the same to the boun
diaries of such patented claims. according to tn,
plat or description thereof. but so as in no cas-,
to interfere with or change the location of an,
such patented claim.
SIC. Q. That sections one, two, three. four Ant
six. of act entitled An Act granting the righ
Of way to ditch and canal owners over the publ,
lands, and for other purposes approved Jul.
twenty-si1th, eighteen hundred and siYty-six
are hereby repealed, but such repeal shall moi
affect existing 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 al
patents for mining claims heretofore issued
under the act Of July twenty-sixth, eighteen
hundred and sixtysix. shall convey all the rights
and privileges conferred by this act where nc
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 FOL
other purposes. approved July ninth, eighteen
hundred and seventy, shall be and remain il
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 thi,
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 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
unsurveyfd 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-
yided 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-
a nj
claim, and also a vein or lode included within
the boundaries thereof, application shall be
made for patent for the plscer-claim, with the
statement hat 1t includes such vein or lode, and
in such case 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 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 act is known to exist within the boundaries
of placer-claim, an application for patent for
such plscer-claim, which does not include an ap-
pication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mhnt 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
the boundaries thereof.
SEC. II That the Surveyor General of the
Cnhed States may appoint in each land district
containing mineral lands as many competent
surveyors as shall apply for appointment to sur.
yey mining claims. The expenses of the survey
Of vein or lode claims, and the survey and sub
division of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid by
the applicants, and they shall be at liberty OBJ
tain the same at the most reasonable rates, and
they shall also be at liberty to employ any United
States Deputy surveyor to make the survey.
The Commissioner of the General Land. Office
shall also have power to establish the maximum
charges for surveys and publication of notices
under this act; and, in case of excessive charges
for publication, he may designate any newspaper
published in land district where mines are
situated, for the publication of mining notices
IN such district, and fix the rates to be charged
by such paper and to the end that the Commits
siOner may be fully informed on the subject,
each applicant shall file with the Register
sworn statement Of all charges and fees paid by
said applicant for publication and surveys, to-
gether with all fees and money paid the Resister
and Receiver of the land-ofiice, which statement
shall be transmitted, with the papers in the
case, to the Commissioner of the General Land
Office. The fees Of the Register and the Re-
ceivcr shall be five dollars each for filing and
acting upon each application for patent or adj
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi-
mOny TO writing when done in Land Office, such
fees and allowances to be paid by the respective
parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge or affect the rights Of either
regard n N mi -
the time OF the passage of this act, Of the act
entitled IAN act granting the right Of way to
ditch and canal owners over the public lands
and for other purposes, approved July &c, 1866,
nor shall this act affect any right acquired under
said act; and nothing in this act shall be con-
strued to repef. impair or in any way affect the
provisions Of the act entitled AN act granting
to A. sutro the right of way and other privileges
TO aid IN the construction Of draining and ex-
ploring tunnel TO the Comstock Lode, in the
State of Nevada" approved July 25th, 1866,
SEC. 10. That all afiidavits required to be
made under this act, or the act to which it il
amendatory, may be verified before any officer
authorized to administer oaths within the land
district where the claims may be situated, and
all testimony and proofs may be taken before
any such officer, and, when duly certified by the
officer taking the same, shall have the same force
and effect as II taken before the Register and
Receiver Of the Land Office. In cases Of contest
as to the mineral or agricultural character of
lshd, tine testimony and proofs may be taken as
herein provided, on personal notice Of at least
ten days to the opposing party; or if said party
cannot be found, then by publication of at least
once week for thirty days in a newspaper, 10 be
designated by the Register of the Land Office as
published nearest the location Of such land: and
the Register shall require proof that such notice
has been given.
SEC. IA. That where two or more veins inter.
sect or cross each other, priority of title shall
govern, and such prior location shall be entitled
to all ore or mineral contained within the space
OF intersection: Provided, however, That the
subsequent location shall have the RIGHT of way
through said space Of intersection for the pur-
possesses of the convenient working Of the said
mine: And provided also, That where two or
more veins unite, the Oldest or prior location
shall take the vein below the point Of union. in.
Guiding all the space ofintersection.
SEC. Is. That where non-mineral land not
contiguous to the vein or lode is used or occu-
pied by the proprietor Of such vein or lode for
mining or milling purposes, such non adjacent
surface ground may be embraced and included
in an application for patent for such vein or
lode. and the same may be patented Herewith,
subject to the same preliminary requirements
as to survey and notice as are applicable under
this act to veins or lodes: Provided, That no
location hereafter made Of such non-sdjscen,
land shall exceed five acres, and payment for
the same must be made at the same rate as ixed
by this act for the superfcies of the lode. The
owner Of quartz mill or reduction works, no,
owning mine in connection Herewith. NAV
also receive n patent for his mill site, Is proyi
ded in this section.
SEC. lG. That all acts and parts of acts incon.