Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-01

pay for his portion Of the claim, with the prop
or fees, and file the certificate and description
by the Surveyor-6enerxl. whereupon the REGISTER |
shall certify the proceedings and 1udgmentroll /
to the Commissioner of the Land Once, 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 26th ls66 and July 1870, In the
case Of an individual, may Consist In his own |
affidavit thereof, and In OF association Of
persons unincorporated Of the affidavit Of their
suthorik.d sgent made On his own knowledge or
upon Information and belief, and In case Of
corpofatiJh organized under the laws Of the
United States. Of any Stste Or Territory OF the
Omitted 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 a. That the description Of vein or lode
claims, upon surveyed lands, shall desigi ate the
location OF the claim with r. ference to the lines
Of the public surveys, but need not conform
herewith; but where patent shall be
issued as aforesaid for claims upon unsur-
yey.d lands the Surveyor General in extending
the surveys, shall sdjust the same to the boun.
daries OF such patented clsims, according 10 the
plat OF description thereof. but so as In no case
to interfere with or change the location Of any
such patented claim.
SIC Q. That sections one, two, three. four and
six OF an act entitled An Act granting the right
of way IN ditch and canal owners over the public
lands, and for other purposes, approved July
twenty sixth. eighteen hundred and sixty-six,
are hereby repealed, but such repea, shall not
affect existing rights. Applications for patents
for mining claims now pending may lie prose
cuted 10 finsl decision in the General Land
Office; but in such cases where adverse rights
are not Affected tn rely, 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 sixtysix, shall convey all the rights
and privileges conferred ly this act where no
adverse rights exist at the time OF the passage Of
this act
SEC. 10. That the act entitled An Act to
rmend al act granting the right OF way TO ditch
| and canal owners over the public lands and fcr
] other purpose approved July ninth, eighteen
| hundred and seventy, shall be and r. main In
full force, except as to the proceedings to obtain
| a patent which shall be similar to the proceed
ings prescribed by secti rs six and sew, II OF this
act for obtaining patents to vein OF de claims;
/ but where said placer-clams shall h upon sur
| yeyrd lands and conform Ia legal subdivisions,
10 further survey or plat shall lie required, and
all placer mining claims hereafter located shall
G. INFORM 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 b. conformed to legal sub
| division. survey and plat shall be made as on
unsurvey lands Provided, That proceedings
now pending may be prosecuted to their final
| det.ruiination under existing laws; but the pro
visions Of this act, when not in conflict with ef-
listing laws ,hsll apply to such css.s: And pro.
,iled also, That where by the segersg cation 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 prescription purposes.
! SEC. IL. That where the same person, associa-
| tion or corporation In possession OF = placer
| claim, and also Il vein or lode included within
the boundaries thereof. application shall be
made for patent for the placer-claim. with the
stat ment hat IL includes such vein or lode, and
| in such case tsubject to the provisions Of this
act and the net Untitled An 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 OF
| 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 OF lode claim. shall be paid Tor at the rate
Of two dollars and fifty cents per are, together
with all cOstr of proceedings; and where vein OF
| lode, such described III the second section OF
this act, Is known to exist within the boundaries
Of placer-claim, MI application for patent fol
| such placer-claim which does not include sn ap.
| plicstion for the vein or lode claim, shall bt
construed as conclusive declaration that the
cla nant of the placer-claim has no right OF pos
existence Of vein or lode in placer claim is moi
known, patent for the placer lain shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. IL That the surveyor General Of thu
United States may appoint In ,ach land distric
, containing mineral lands a. many competen
surveyors as shall apply for appointing Mt to SUI
!. vey mining claims. The expenses Of the surve
/. OF vein OF lode claims, and The survey and sui
( divisio of placer claims INTO smaller quantitie
than one hundred and sixty acres. together witt
the cost Of publication Of notices shall be paid b.
theapplicants and they shall b. 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 survey
, The Commissioner of the General Land. Ofiic
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 1t spape
published in land district where mines ar
|. situated, for the publication Of mining motto.
In such district, and fix the rates to be charge
! by such paper; and, to the end that the Commit
; 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, L
a geiher with all fees and money paid the Resst'
= and Receiver Of the land-ofhce, which statemei
|, shall be- transmitted, with the papers in Il
!, case to the Commissioner of the General Ian
:. Office. The fees OF the Register and the Il
e ceiver shall be five dollars each for filing al
4 actng upon each appHcauon LOT patent or a
= verse claim fled and they shall be allowed Il
t, amount fixed by law for reducing test
" muny 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 shs II
A. construed to enlarge affect the rights of eth
It party In regard to any property In controversy
IN the time OF the passage OF this act. or Of the @
ID entitled IAN set granting the right of way
10 ditch and canal owners over the public lant
| md flrn mn vpd Inl
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be CO
ID strued TO repeal, impair or in any way affect
b. provisions Of the act entitled IAN act grant
n, TO A. sutro the right of way and other privileS
to aid in the construction Of u draining and
ed ploring tunnel to the Comstock Lode, in I
or State OF Nevada" approved July % h, 1866.
nv Src. "a. That all affidavits required to
a made under this act, or the act to which 1t
e, ameudatory, may be verified before any Off
m nntho lied to administer ouths within the l.,
II. district where the claims may be situated, q
H. all testimony and proofs may be taken bef
m any such officer, and, when duly certified by
by officer taking the same, shall have the same 70
nv and effect II taken before the r, gister 9
IA Receiver Of the Land Office. In cases OF cont
u. US to the mineral or agricultural CT arscter
e. Ind the testimony and proofs may be taken
IT. herin provided, on personal notice Of at lie
vo ten days to the opposing party; or II said pa
as cannot be found then by publication Of at lie
in once Il week for thirty days in newspaper, to
I'd designated by the Il Rster of the Land Office
W. published nearest the location Of such land; ,
he the Register shall require proof that sucu not
10. has been given.
AT SEC. IA. That where two or more veins I'M
I'd sect or cross eneh other, priority of title 81
ip. govern and such prior location shall be EMIT
he to all ore or mineral contained within the So
he Of intersection: Provided, however That
ng subsequent location shall have the right OF
III. through said space Of intersection for the I
tn possesses Of the convenient working of the 1
lie mine: And provided also. That where two
,rs more veins unite the old, 1t or prior locat
re. shall take the vein below the point Of union,
IN. Guiding all the space OF intersection.
er SEC. Is. That where non-mineral land
,ts contiguous to the vein or lode is used or oe
he pied by the proprietor Of such vein or lode
be mining or milling purposes, such non-adjac
of surface ground may be embraced and nclu
All in all application for patent for such weir
10. lode and the same may be patented therw
on subject to the same preliminary reQuirenie
If as to survey and notice as art applicable un
he this act to veins or lodes: Provided, That
Ice location hereafter made OF such non.adjac
on land shall exceed five acres, and payne mt
ed the same must be made at the same rate az a
Of. by this act for the superfcies Of the lode.
rre owner Of . quartz mill or reduction works,
I'm owning q mine In connection Herewith, I
be also receive patent for his MILL site, as pr
ma ded in this section.
SEC. l6 That all acts and parts Of acts inc