Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-28

iHht several parties are emitted 10 separate and
different portions Of the claim. each party may
pay for his portion Of the claim, with the prop
cr fees, and file the certificate and description
by the surveyur-Generzl whereupon the register
shall certify the proceedings and judgment-roll
TO the Commissioner Of the Land Once, 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 18th 1896 and July g. 1870, in the
case Of an individual, may consist in his own
affidavit thereof, and in case of association Of
persons unincorporated of the affidavit 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 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 a
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 to the lines
of the public surveys, but need not conform
Herewith; but where patent shall be
issued rs 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 as in no case
to interfere with or change the location of any
such patented claim.
SEC. 8. That sections one, two, three. four and
six. Of act entitled An Act granting the right
of way to ditch and canal owners overthe public
lands. and for other purposes approved July
tWtnty-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are hereby repealed, but such repeal shall not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
cutrd 10 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
I NrV,1. tl. ,at pf JnI tNxar fxs fath iuht
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.
SIC 10 That the act entitled 'An Act to
amend TN 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 pacer-claims shall be upon sur
veyed lands, and conform to legal subdivisions,
! 10 further survey or plat shall he required, and
| all placer mining claims hereafter located shall
] conform near practicable with the United
States system Of public land surveys and the
1 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
unsuryey' d lands; Provided, That proceedings
now pending may be prosecuted to their final
! determination under existing laws; hut 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-
tiOn 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 can act to amend net
granting the right of way 10 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 us described in the second section OF
this act. is known TO exist within the boundaries
OF rlhcer-clalm, all Application for patent for
such plscor-Claim, which does not include an ap-
plicatlon for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant of tho placer-claim has no right of pos
session Of the vein or lode claim; but where the
existence of T. vein or lode in placer claim is not
known, 8patent for the placer-claim shall convey
all valuable mineral and other deposits within
til boundaries thereof.
SEC, IL 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 clams. The expenses of the survey
OF vein OF 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 the end that the Commits.
sioncr 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 otice, which statement
shall be transmitted, with the papers in the
case. to the Commissioner of the General Land.
| Once. The fees of the Register and the Re-
| ceiver shall be five dollars each for filing and
acting upon each application for patent or ad.
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
party in regard to any property in controversy at
the time OF the passage of this act or 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 repeal, impair, or in any way affect the
| provisions Of the act entitled IAN act granting
to A. Sutro the right Of way and other privileges
to aid in the construction of u draining and ex-
ploring tunnel to the Comstock Lode, in the
State OF Nevada" approved July Goth, 1866.
SIC, II. That all afiidavits required to be
made under this act, or the act to which it is
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
ofhcer taking the same, shall have the same force
and effect If taken before the Register and
Receiver OF the Land Office. In cases Of contest
| AS to the mineral agricultural character of
! land, the 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 newspaper to be
designated by the Register of the Land Office az
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 intersections: 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.
GLIDING all the space ofintersection.
SEC. 10. 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- ad jacent
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-adjacent
land shall exceed five acres, and payment for
the same must be made at the same rate as fixed
by this act for the superfcies of the lode. The
owner of quartz mill or reduction works, not
owning mine in connection Herewith, NAV
also receive patent for his mill site as proyi.
ded in this section.
SEC. l6 That all acts and parts Of acts incon.
sistent herewith are hereby repealed: Provided,
That nothing contained in this act shall be con.
strued to impair, in any way, rights or interests