Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-31
~ ,,sroor a. The ,pplie.pt shall appear. from

NV for his portion OF the claim, with the prop
T fees. and file the certincate ana description
" the suryeyor-General, whereupon the register
hall certify the proceedings and 1udgment-rol
q the Commissioner of the Land Office, as in the
preceding case, and patents shall issue to the
several parties according to theu respective
rights Proof Of citizenship under this act. or
ne act OF July 26th 1866 and July 3, lsI0, In the
,ase of An individual, may consist in his own
affidavit thereof. and in case of an association OF
persons unincorporated OF the affidavit OF their
agent, made on his own knowledge or
Dron 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 certihcate OF incorporates, anu
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.
SIC. &. That the description of vein or lode
claims upon surveyed lands, shall designate tine
location of the claim with reference to the lines
of the public surveys, but need not conform
Herewith; hut where patent shall De
issued aforesaid for claims upon unsur-
viewed lands the Surveyor General in extending |
the surveys, shall adjust the same to the bonn ,
diaries OF such patented claims. according to the
plat description thereof, but so as in no case
to interfere with or change the location OF any
such patented claim.
SIC o. 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 pubic
lands, and for other purposes, approved jury
twenty-sixth, eighteen hundred and slNty-sh,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may DC pross-
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
rred hy this where
adverse rights exist at the time of the passage oil
this act.
SEC 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 Tor
other PURPOSES approved July NINTH eighteen
hundred and seventy, shall be and remain III
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 inns
act for obtaining patents TO vein or lode claims
but where said placer-claims shall be upon sur
veyed lands, and conform to legal suodlNlslohs,
no further survey or plat shall be required, and
all placer mining claims hereafter located snail
conform near as practicable with the thlted
| 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-clams cannot be conformed to legal sub
| division, survey and plat shall be made as on
| unsurvey,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 CONNECT WIN eA-
| 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. II. That where the same person, associa-
| ton or corporation in possession OF placer
| claim, and also vein or lode included within
/ ba thprppf annlicatiDn shall be
made for patent for the placer-claim, with the
state nent hat 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 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, 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 OIL
| lode, such AZ described in the second section Of
this act is known to exist within the boundaries
of placer-clam an application for patent FOL
such placer-clsim which does not include an ap
| pliCatiOn for the vein or lode claim, shall bt
| construed AS u conclusive declaration that th'
| ella mant of the placer-claim has no right o pos
session Of the vein or lode claim; but where thu
existence of vein or lode in placer-claim is no
known, u patent for the placer-claim shall conve.
all valuable mineral and other deposits withil
tn boundaries thereof.
/. ! SEC. IL That the Surveyor-General OF tn
United States may appoint in each land distric
, containing mineral lands as many competer
, surveyors as shall apply for appointment to SUI
! vcy mining claims. The expenses of the surve
, of vein or lode claims and the survey and sui
division of placer claims into smaller quantltle
, than one hundred and sixty acres, together wit
than nft ,pl1 10 OFT M
the applicants, and they shall be at liberty to oil
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 surve!
, The Commissioner Of the General Land tit
i shall also have power to establish the maximui
charges for surveys and publication OF notict
under this act; and, in case OF excessive charg,
for publication, he may designate any newspap'
| | published in u land district where mines a
situated, for the publication Of mining notic'
4 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
q each applicant shall file with the Register
q sworn statement Of all charges and fees paid
q said applicant for publication and surveys,
n gether with all fees and money paid the Resist
4, and Receiver of the land-office, which stateme
/. shall be transmitted, with the papers in t
: case, to the Commissioner of the General Ian
o. Office. The fees of the Register and the
re- ceiver shall he five dollars each for filing a
n acting upon each application for patent or .
is verse claim filed, and they shall be allowed I
4 amount fixed by law for reducing tes
ar mony to writing, when done in Land Office, su
m 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
construed to enlarge affect the rights of eitl
at party in regard to any property in controversy
in the time of the passage of this act, or OF the
Id entitled IAN act granting the right of way
to ditch and canal owners over the public Ian
i'm and for other purposes approved July 20, Is
| hall lie OF tfprf inhf nira1 Inn
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 grant
IN. to A. sutro the right of way and other privile
. a to aid in the construction of draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25ih. 1866.
,av SEC. 10. That all afiidavits required to
r made under this act, or the act to which il
ce amendatory, may be verified before any off
inn authorized to administer oaths within this
al. district where the claims may be situated,
al all testimony and proofs may be taken bel
inn | any such officer, and, when duly certified by
by officer taking the same shall have the same fl
nv and effect as II taken before the Register
cb Receiver of the Land Office. In cases of con
,u as to the mineral or agricultural character
re. land, the testimony and proofs may be take
at herein provided, on personal notice OF at i
wo ten days to the opposing party; or if said p,
as cannot be found, then by publication of at !
in once week for thirty days in newspaper, +
led designated by the Register of the Land OffiC
wv | published nearest the location of such land;
the the Register shall require proof that such nc
no. has been given.
hat SEC. IA. That where two or more veins il
iod sect or cross each other, priority of title s
,io govern, and such prior location shall be emit
he to all ore mineral contained within the s.
the of intersection: Provided. however, That
inc subsequent location shall have the right of
M. through said space of intersection for the
itb possesses Of the convenient working Of the
ties mine: And provided also, That where tw
ars more veins unite, the Oldest or prior locs
We. shall take the vein below the point of union
an Guiding all the space of intersection.
nor SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or G
the pied by the proprietor of such vein or lod
he mining or milling purposes, such non-adja
, OF surface ground may be embraced and incll
,all in an application for patent for such vel
no. lode, and the same may be patented therey
on subject to the same preliminary requirenl
II as to survey and notice as are applicable u
the this act to veins or lodes: Provided, Thu
nee location hereafter made Of such non-adjs
ion land shall exceed five acres, and paymen
led the same must be made at the same rate as
of. by this act for the superfcies Of the lode.
,rse owner of 4 quartz mill or reduction works
.om owning . mine in connection Herewith,
he also receive a patent for his mill-site, as p
has | ded in this section.