Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-05

Different portions Of the claim, each party may
pay for his portion Of the claim, with the prop
er ices, and file the certificate and description
by the SGryeyor-Geaersl. whereupon the register
shall certify the proceedings and judgment-roll
10 the Commissioner ofthe Land Once, as in the
preceding case. and patents shall issue to the
several parties according 10 their respective
rights. Proof OF citizenship under this set, or
the act Of July 10th 1s55, and July 9, lS1e in the
case of an Individual, may consist in his own
AFFIDAVIT thereof. and in case of an association OF
persons unincarporsied Of the sf5dsyit 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. of any State or Territory Of the
Omitted States, by the filing Of 8 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. q. 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: hut where patent shall be
issued as aforesaid for claims upon unsur-
yeyed lands, the Surveyor General in extending
the surveys. sksu adjust the same to the boun-
daries Of such patented claims, according to the
plat or description thereof, but 90 as in no case
to interfere with or change the location Of any
such patented claim.
SEC. 9. That sections one, two, three, four and
six of an act entitled An Act granting the right
Of way IN ditch and canal owners over the public
lands, and for other purposes approved July
tventy-s1th. 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are hereby repealed, but such repeal shall not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 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 ell
patents for mining claims heretofore issued
under the act of July twenty-sixth, eighteen
hall ,frtt
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;
l 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 miptng 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
| unsurveysd lands: Provided, ThA 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
listing laws shall apply to such cases; And pro-
yiied 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. II. That where the same person, associa-
ton or 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 placerclsim, 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 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 avein or
lode, such as described in the second section Of
( this act is known to exist within the boundaries
Of placer-claim, ali application for patent for
I such placer-claim, which does not include an Ap-
/ plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
! ella mant Of the placerclsim 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
TIL boundaries thereof.
SEC II That the Surveyor-6eneral of the
United States may appoint in each land district
containing mineral lands many competent
surveyors as shall apply for appointment to sur
vey 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 to 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 tho 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 Resistei
and Receiver of the land-ofhce, which statement
shall be transmitted, with the papers in tn,
case, to the Commissioner of the General Land
Office. The fees Of the Register and the Re
ceiver shall I've five dollars each for filing anC
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn,
amount fixed by law for reducing test
mony to writing, when done in Land Office. eucl
fees and allowances to be paid by the RESPECTIVE
l parties; and no other fees shall be charged b,
them in such cases. Nothing in this act shall b
construed to enlarge or affect the rights Of eithc
party in regard to any property in controversy a
the time OF the passage of this act, Of the &C
! entitled IAN act granting the right of way +
4 ditch and canal owners over the public lands
} and for other purposes approved July 20, 1860
nor shall this act affect any right acquired uude
said act; and nothing in this act shall be con
strued to repeal, impair, or in any way affect tn
i provisions Of the act entitled IAN act grantIn
: to A. Sutro the right of way and other privilege
> | to aid in the construction of draining and ex
: ploring tunnel to the Comstoek Lode, in tn
! State of Nevada, approved July 25th, 1866
Sac. 49, That ali affidavits required to b
made under this act, or the act to which it
d amendatory, may be verified before any Office
|, authorized to administer oaths within the Ian
district where the claims may be situated an
all testimony and proofs may be taken befor
!, | any such officer, and, when duly certified by tn
= oihcer taking the same, shall have the same fore
Y and effect as if taken before the Register an
Receiver OF the Land Office, In cases Of contes
as to the mineral or agricultural character c
: land, the testimony and proofs may be taken q
: herein provided, on personal notice of at leas
I ten days to the opposing party; or if said part
. cannot be found, then by publication of at leas
! oLct d WEEK lof IHlrty uays IN newspaper, to
= designated by the Register of the Land Office |
i published nearest the location of such land; an
. the Register shall require proof that such motto
has been given.
|. SEC. IA. That where two or more veins int
sect or cross each other, priority of title sha
govern, and such prior location shall be entitle
{ to all ore or mineral contained within the spat
: of intersection: Provided, however, That IL
{ subsequent location shall have the right of wa
Z through said space of intersection for the pu
{ possesses of the convenient working of the sal
4 mine: And provided also, That where two ,
more veins unite, the Oldest or prior locatio
> shall take the vein below the point of union i,
: GLIDING all the space of intersection.
/ SEC. Is. That where non-mineral land n,
7 contiguous to the vein or lode is used or occ,
: pied by the proprietor of such vein or lode +,
. mining or milling purposes, such non-adjace,
e surface ground may be embraced and include
q in an application for patent for such vein
II lode and the same may be patented therewit
, subject to the same preliminary Requirement
a as to survey and notice are applicable und
u this act to veins or lodes: Provided That /
e location hereafter made of such non-adjacel
e land shall exceed five acres, and payment 4
a the same must be made at the same rate as fix,
q by this act for the superfieies of the lode I'll