Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-28


pay for his portion Of the claim. with the prop
er fees and file the certificate and description l
by the suryeyor-Generai. whereupon the register |
shall certify the proceedings and iudgment-roll
to the Commissioner Of 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 goth 1866. and July 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
upon information snd belief. snd in case Of
corporation organized under the laws OF the
United Ststes or 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 g. 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-
diaries Of such patented claims, according to the
plat or description thereof, but so rs 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 TO Gltcn ana cAuAl OWutrs overtime pupiC
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are hereby repealed, but such repeal shall not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-
cEted to o 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 Sixty.gix 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 act entitled An Act to
| amend an act granting the right of way TO ditch
1 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
| a 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
| placer-claims cannot be conformed to legal sub
| division. survey and plat shall be made as on
unsurveytd 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. II. That where the same person, associa-
ton or corporation in possession OF plae' r.
al aud oil x.afp or inHlnha6 n
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement hat 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 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 placer-claim, which does not include an ap-
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
claimant of the placsr-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, patent for the placer-claim shall convey
all valuable mineral and other deposits within
| TIL boundaries thereof.
SEC. II That the surveyor-General of the
| United States may appoint in each land district
| containing mineral lands as many competent
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 quantities
than one hundred and sixty acres, together witt
the cost of publication of notices shall be paid by
theapplicants, 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 Once
shall also have power to establish the maximum
charges for surveys and publication of noticel
under this act; and, in case Of excessive charger
| for publication, he may designate any newspaper
| published in q land district where mines ar,
situated, for the publication Of mining notice.
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 b,
said applicant for publication and surveys, to
gether with all fees and money paid the Resste
and Receiver of the land-offce, which statemen
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 be five dollars each for filing an
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, sue
fees and allowances to be paid by the respectiv
parties; and no other fees shall be charged b
them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of etht
party in regard to any property in controversy
the time OF the passage of this act, or of the AT
entitled "An act granting the right of way
, ditch and canal owners over the public land
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired undo
said act and nothing in this act shall be col
strued to repeal impair, or in any way affect ii
!. provisions Of the act entitled IAN act grantr
, to A. Sutro the right of way and other privileg,
a to aid in the construction of a draining and e,
ploring tunnel to the Comstock Lode, in Il
II State of Nevada" approved July 25th, 1866,
v SEC. Is. That all afhdavits required to
a made under this act, or the act to which it
3. amendatory, may be verified before any ofic
n authorized to administer oaths within the lal
l. district where the claims may be situated al
/. all testimony and proofs may be taken befo
n any such officer, and, when duly certified by t
v officer taking the same, shall have the same for
v and effect as if taken before the Register a
h Receiver of the Land Office. In cases OF contt
i. as to the mineral or agricultural character
:. land, the testimony and proofs may be taken
l. herein provided, on personal notice of at lie,
o ten days to the opposing party; or If said par
8 cannot be found,' then by publication of at lei
n once week for thirty days in newspaper, to
d designated by the Register of the Land Office
= published nearest the location Of such land; q
e the Register shall require proof that such not
j. has been given.
It SEC. IA. That where two or more veins int
d sect or cross each other, priority Of title sh
g. govern, and such prior location shall be entitl
ie to all ore or mineral contained within the spi
lie of intersection: Provided, however, That
~ subsequent location shall have the right Of v
b. through said space of intersection for the p
III possesses of the convenient working Of the 8,
es mine: And provided also, That where two
RS more veins unite the Oldest or prior locati
e. shall take the vein below the point of union,
a. GLIDING all the space of intersection.
er SEC. Is. That where non-mineral land
tn contiguous to the vein or lode is used or oc
re pied by the proprietor Of such vein or lode
De mining or milling purposes, such non-adjac
Of surface ground may be embraced and inclut
ii in an application for patent for such vein
o. lode and the same may be patented therewi
IN subject to the same preliminary requirenie
II as. to survey and notice as are applicable IN,
ne this act to veins or lodes: Provided, That
ce location hereafter made Of such non-adjac
IN land shall exceed Ave acres, and payment
ed the same must be made at the same rate % a,
If. by this act for the superhcies Of the lode 7
Sc owner of q quartz mill or reduction works,
nm owning q mine in connection Herewith, n
be also receive a patent for his mill-site as pre-
as ded in this section.
SEC. l6. That all acts and parts of acts inc
he sistent herewith are hereby repealed: Provid
~ That nothing contained In this act ehall be c