Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-04

p.y for his portion Of the claim, with the prop
CT fees, and fle the certificate and description
by the srrveyoT-Genersl, whereupon the register
shall certify the proceedings and tudgnentroll
to the Commfssionsr Oft 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 set, or
the act Of July 26th 1866, and July g. lsTn in the
case Of an individual, may consist in his own
affidavit thereof, and in case OF an association Of
persons Enincorporated 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, Of sny State or Territory of the
United States, by the filing Of certified copy Of
their charter 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 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 8 patent shsll be
issued aforesaid for claims upon unsur-
veyed 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 care
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 ditch and canal owners over the public
lands, and for other purposes, approved July
tYenty-sixth. eighteen hundred and st1ty-si1,
are hereby repealed but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose-
cuted to a final decision in the General Land
Office but in such cases where adverse rights
arc 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-siIth, eighteen
hundred and sixtysix, 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.
SEC To- That the set 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
but where said placer-clsims shall be upon sur.
veyed lands, and conform to legal Subdivisions,
no further survey or plat shall be required, and
all placer miuing 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-clRims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyt 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, shsll apply to such cases: And pro-
vided also, Thst 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-
tion or corporation In possession Of placer.
claim, and also vein or lode included within
the boundaries thereof. application shall be
made for patent for the placerclaim, with the
statement hat il includes such vein or lode, and
in such case tsubject 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 Eve 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 IL known to exist within the boundaries
of placer-ClaiIn, al 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
ella mant of the placer-clsim has no right o pos
existence OF vein or lode in placer claim Ia not
known, apatent 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
! vGy mining claims. The expenses of the survey
! Of vein or lode claims and the survey and sub
divisio of placer claims nto 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 ut liberty 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 u 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 fbe fully Informed on the subject,
each applicant shall file with the Register q
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 office, 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.
ceiver 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 bt
construed to enlarge or affect the rights of eithe
party in regard to any property In controversy a
the time OF the passage of this act, or of the ac
entitled IAN act granting the right of way t.
ditch and canal owners over the public lands
nd for pth t1tir I,l,-
nor shall this act affect any right acquired undel
said act; and nothing in this act shall be con
strued to repeal, impair, or in any way affect thu
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 Comstock Lode, IN tn
State of Nevada" approved July 25ih, 1866.
SEC. l3. That all afhdavits required to b
made under this act or the act to which 1t 4
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
officer taking the same, shall have the same fore
and effect as If taken before the Register an
Receiver of the Land Office. In cases OF corte,
as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided, on personal notice of at Leaf
ten days to the opposing party; or if said part
cannot be found then by publication of at lea,
once a week for thirty days in newspaper to b
designated by the Register of the Land Office
published nearest the location Of such land sn
the Register shall require proof that such motto
mas 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
g to all ore or mineral contained within the spat
e | of intersection: Provided, however, That IL
2 subsequent location shall have the right of wa
: through said space of intersection for the pu
b possesses of the convenient working Of the sa
9 mine: And provided also, That where two
I more veins unite, the Oldest or prior locatic
shall take the vein below the point Of union, Il
Guiding all the space of intersection.
r Sec. Is. That where non.minersl land NJ
! contiguous to the vein or lode Is used or occ
: pied by the proprietor of such vein or lode 4,
3 mining or milling purposes, such non-adjacei
Z surface ground may be embraced and include
in an application for patent for such vein
lode, and the same may be patented therewitl
l subject to the same preliminary Requirement
T as to survey and notice applicable und,
T this act to veins or lodes! Provided, That .
Q location hereafter made Of such non.adtacel
. land shall exceed five acres, and payment Il
4 the same must be made at the same rate a. nxe
!. by this act for the superfcies Of the lode. III
e owner of . quartz mill or reduction works, M
. owning a mine In connection Herewith ma
9 also receive q patent for his mill site Is prov
! ded In this section.
SEC. l6. That all acts and parts of acts incol