Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-28


ay for his portion of the claim, with the prop
2 fees and fle the certificate and description
y the suryeyor-General, whereupon the register
hall certify the proceedings and judgmenf-rol
o the Commissioner ofthe Land Once, as in the
.receiing case and patents shall issue to the
overall parties according to their respective
tights. Proof Of citizenship under this act, or
he act Of July 25;h 1896 and July 9, 1915, in the
ase Of an individual, may consist in his own
.fidAyt thereof, and in case of an association of
PERSONS unincOrporated Of the affidavit Of their
authorized agent, made on his own knowledge or
ipon information and belief. and in case OF a
corporation organized under the laws OF the
rnited States, Of any State or Territory OF the
United States, by the filing Of s certified copy OF
heir 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. e. That the description Of vein or lode /
claims upon surveyed lands, shall designate the I
location Of the claim with reference 10 the llnes
Of the public surveys, but need not conform |
Herewith: but where patent shall be ]
issued as aforesaid for claims upon unsur- |
viewed lands, the Surveyor General in extending |
the surveys, shall adjust the same to the boun- |
diaries Of such patented elAiins 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.
SIC. 2. That sections one. two, three. four and
six. Of an act entitled An Act granting the right
lands, and for other purposes, approved July
twsnty-si1th. eighteen hundred and sixty
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may he prose
cuicd to Z anal 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 ali
patents for mining claims heretofore issued
under the act Of July twenty-sixth, eighteen
hun rat md sis A
and privileges conferred by this act where no
adverse rights exist at the time OF this passage OF
this act.
SIC. 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 10 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,
70 further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform as near practicable with the United
States system Of public land surveys and the
rectangular subdivisions Of such surveys, ana
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
unsuIveyf d lands; Provided, That proceedings
now pending may be prosecuted TO their maj
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 H. That where the same person, associa-
ton or corporation in possession OF placer
claim, and also vein or lode included WITHIN
the boundaries thereof, application snail be
made for patent for the placer-claim, with the
statement hat it includes such vein or lode, and
in such 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
owneis 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 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 OF
lode, such as described in the second section OF
this act, IL known to exist within the boundaries
/ Of placer-claim, an application for patent fol
l such placer-claim, which does not include an ap
| plication for the vein or lode claim, shall be
I construed "a a conclusive declaration that thu
1 ella mant of the pacer-clsim has no right o f pos
session Of the vein or lode claim; but where til,
existence Of a vein or lode in placerclaim is no
known, apatent for the placer-claim shall conve,
. all valuable mineral and other deposits within
tn boundaries thereof.
SIC. II That the Surveyor General Of tn
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to SUI
, vey mining claims. The expenses of the surve
. OF vein OF lode claims, and the survey and sui
division Of placer claims into smaller quantitie
, than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid
the applicants and they shall be at liberty to OF
tain the same at the most reasonable rates, an
they shall also be at liberty TO employ any Unite
States Deputy Surveyor to make the survs,
The Commissioner of the General Land-Oftic
shall also 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 newspapt
published in a land district where mines al
, situated, for the publication of mining notice
in such district, and fix the rates to be charge
by such paper; and, to the end that the Commi
! sioner may be fully informed on the subjec
e each applicant shall file with the Register
D sworn statement Of all charges and fees paid
e said applicant for publication and surveys, t
n gether with all fees and money paid the Resist
:. and Receiver Of the land-office, which stateme
| shall be transmitted, with the papers in Il
J., case. to the Commissioner of the General Ian
:, Office. The fees of the Register and the II
O /
f acting upon each application for patent or a
g verse claim filed, and they shall be allowed I
t. amount fixed by law for reducing ties
n mony to writing, when done in Land Office, SUI
N fees and allowances to be paid by the respect
r parties and no other fees shall be charged
n them in such cases. Nothing in this act shall
A. construed to enlarge or affect the rights of eth
1t party in regard to any property in controversy
n the time OF the passage of this act. or OF the
ID entitled IAN act granting the right Of way
a Itch Nd nynr n pn1 lam
m and for other purposes" approved July &C. Is
10 shall this act affect any right acquired unC
said act; and nothing in this act shall be CO
ID srued to repeal, impair, or in any way affect
b. provisions Of the act entitled AN act grant
n, to A. sutro the right of way and other privilel
to aid in the construction of draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866.
nv SEC. IS. That all affidavits required to
a made under this act, or the act to which it
,e. amendatory may be verified before any Off
m authorized to administer oaths within the Ii
IL district where the claims may be situated, {
A. all testimony and proofs may be taken Def
m any such officer, and when duly certified by
NV officer taking the same, shall have the same 70
DIV and effect as If taken before the Register
ia Receiver of the Land Office. In cases Of cont
IL as TO the mineral or agricultural character
g. land the testimony and proofs may be taker
It herein provided, on personal notice OF at le
yo ten days to the opposing party; or if said pa
as cannot be found then by publication of at lie
in once week for thirty days in newspaper, &c
ed designated by the Register of the Land Offic'
W. published nearest the location of such land
he the Register shall require proof that such no
To- has been given
at SEC. IA. That where two or more veins in
cd sect or cross each other, priority Of title 81
10. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the 81
he of intersection: Provided, however, That
pg subsequent location shall have the right of
Ia. through said space of intersection for the
in possesses of the convenient working Of the
tes mine: And provided also, That where two
IRIS more veins unite, the Oldest or prior Local
We. shall take the vein below the point of union
m. Guiding all the space ofintersection.
Ter SEC. Is. That where non-mineral land
us contiguous to the vein or lode is used or o.
he pied by the proprietor of such vein or lode
he mining or milling purposes, such non-ad JAZZ
of surface ground may be embraced and inclu
All in an application for patent for such veil
no. lode, and the same may be patented therew
on subject to the same preliminary requirenit
II as to survey and notice as are applicable un
he this act to veins or lodes Provided, Tha
Ice location hereafter made of such non-adjat
on land shall exceed i've acres, and payment
led the same must be made at the same rate as 4
Of by this act for the superfcies Of the lode.
rae owner of 3 quartz mill or reduction works.
nm owning . mine in connection Herewith,
he also receive q patent for his millsite, ss pr
las ded in this section.