Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-28

Y
nav for his portion Of the claim, with the prop
r fees. All file the certificate and description
1y the Surveyor-Generzl, vhereupon the register
shall certify the proceedings and tudgpaent-rol
. the Commissioner Of the 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 2sth 1896 and July 2. 1870 In the
case Of an individual, may consist in his own
affidavit thereof, and in case of an associations 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 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 a mining claim to any person what-
ever,
Spc. 5 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 pe
issued as 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 case
to interfere with or change the location OF any
such patented claim.
SIC 9. That sections one, two, three, four and
six Of an act entitled An Act granting the rlght
of way to ditch and canal owners oyerthe public
lands, and for other purposes approved July
tyenty-sixth. eighteen hundred and siGty-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are hereby repealed, but such repeal shall not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 a 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 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 10
amend an act granting the right OF way to often
and canal owners over the public lands, ana 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 thls
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 SHAH
| conform as near as practicable with the l nited
/ 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 SUD
| division, survey and plat shall be made as on
I
/ now pending may be prosecuted to their hnGl
| determination under existing laws; but the pro-
visions of this act when not in conflict with e&-
| listing laws, shall apply to such cases And pro-
| vided also, That where by the segregation OF
mineral land in any legal subdivision a quantity
| of agricultural land less than forty acres re.
| mains said fractional portion Of agricultural
! land may be entered by any party qualihed by
! law for homestead or presumption purposes.
| SIC. IL. That where the same person, assocla-
| ton 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 placer-clsin, with the
statement hat il 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 10 ditch and cana
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 thu
payment of five dollars per acre for such vein o.
! lode claim, and twenty-five feet OF surface OF
each side thereof. The remainder OF the placer
| claim, or any placer claim not embracing an.
vein or lode claim, shall be paid for at the rat
OF two dollars and fifty cents per acre, together
with ali costs of proceedings; and where avein o
! lode such as described in the second section o
| this act, is known to exist within the boundarie
Of placer claim, an application for patent 70
such placer-claim, which does not include an ap
| plicaton for the vein or lode claim, shall b
| construed as conclusive declaration that tn
ella mant Of the placer-claim has no right o ( pos
session Of the vein or lode claim; but where tn
existence OF vein or lode in placer-claim ID nc
known, q patent for the placer-claim shall conve
all valuable mineral and other deposits With
tn. boundaries thereof
SEC. IL That the Surveyor-G General Of TIA
United States may appoint in each land distri'
, containing mineral lands as many competei
, surveyors as shall apply for appointment to su
, vey mining GLAZING. The expenses of the survt
! Of vein or lode claims, and the survey and su
division Of placer claims into smaller quantiti
, 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 o
tain the same at the most reasonable rates, al
they shall also be at liberty to employ any Unite
States Deputy surveyor to make the surve
. The Commissioner of the General Land Off
shall also have power to establish the maximu
charges for surveys and publication Of motto
under this act; and, in case OF excessive charg
for publication. he may designate any newspap
| published in land district where mines a
e | situated, for the publication of mining motto
I | in such district and fix the rates to be charg
| | by such paper; and to the end that the Comm
sioner may be fully informed on the subje
. each applicant shall file with the Register
O | sworn statement of all charges and fees paid
e said applicant for publication and surveys,
n gether with all fees and money paid the Resis
|. and Receiver of the land-Otfice, which statemt
|, shall be transmitted, with the papers in
3 case. to the Commissioner OF the General Lai
|
. ceiver shall be hive dollars each for filing a
If acting upon each application for patent or
il verse claim filed, and they shall be allowed
t. amount fixed by law for reducing te
pr mony to writing, when done in Land Office, 81
IN fees and allowances to be paid by the respect
r parties; and no other fees shall be charged
m them in such cases Nothing in this act shall
n, construed to enlarge or affect the rights of cit
at party in regard to any property in controvers!
in the time OF the passage of this act or of the
, | ont cd Of M wa
to ditch and canal owners over the public lar
m and for other purposes" approved July &c, Il
no nor shall this act affect any right acquired I'M
said act; and nothing in this act shall be c
ed strued to repeal, impair, or in any way affect
H. provisions Of the act entitled IAN act gran,
m to A. Sutro the right of way and other privilt
. a to aid in the construction of draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866.
ay SEC. IS. That all afiidavits required to
r made under this act, or the act to which i
CO amendatory, may be verified before any of
i'm authorized to administer oaths within the
di- district where the claims may be situated,
nj. all testimony and proofs may be taken be
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same f
nv and effect as II taken before the Register
eli Receiver of the Land Office. In cases of cor
,u- as to the mineral or agricultural characte
re- land, the testimony and proofs may be take
at herein provided, on personal notice of at
wo ten days to the opposing party; or if said p
as cannot be found, then by publication of at
in once a week for thirty days in newspaper,
led designated by the Register of the Land Off,
W. published nearest the location of such land
he the Register shall require proof that such NJ
no. has been given.
nat SEC. IA That where two or more veins II
lod sect or cross each other, priority Of title
,ie- govern, and such prior location shall be ent
he to all ore or mineral contained within the s
the of intersection: Provided, however That
ing subsequent location shall have the right of
m. through said space of intersection for the
18th possesses of the convenient working of the
tes mine: And provided also, That where tw
ars more veins unite, the oldest or prior loci
We shall take the vein below the point of uniol
an GLIDING all the space of intersection.
her SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or
the pied by the proprietor of such vein or lod
be mining or milling purposes, such non-adjf
of surface ground may be embraced and incl
ALI in an application for patent for such We
no. lode, and the same may be patented there'
on subject to the same preliminary requiem
If as to survey and notice as are applicable U
the this act to veins or lodes: Provided, Tn
ice location hereafter made Of such non-adj,
ion land shall exceed five acres, and paymer
led the same must be made at the same rate as
Of by this act for the superfcies of the lode.
rise owner of Q quartz mill or reduction work.
ON owning q mine in connection Herewith,
be also receive a patent for his mill site, as r
has | ded in this section.
SEC. 16. That all acts and parts Of acts IL
he sistent herewith are hereby repealed Prov