Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-24


different portions Of the claim, each party may /
pay for his portion OF the claim, with the prop
er fees, and file the certificate and description 4
by the Surveyor-6eneral. whereupon tbs register I
shall certify the proceedings and judgment-ron /
to the Commissioner ofthe Land once, as IN the I
preceding case, and patents shall issue to the |
several parties according to their respective I
rights Proof OF citizenship under this act, or
the act Of July Goth 1885, and July g. 1870. in the
case of an individual, MAG consist IN has own !
affidavit thereof. and in case of an association OF
persons unincorporated of the affidavit of their
authorized agent, made on his own knowledge OF
upon information and belief, and in case OF q
corporation organized under the laws OF the
United States or of any State or Territory OF the
United States, by the filing of a 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.
SEC. 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 a patent shall be
issued as aforesaid for claims upon unsur-
yeyed 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 ne case
to interfere with or change. the location OF any
such patented claim.
SEC. .. That sections one, two, three, four and
SIX of an act entitled An Act granting the right
of way to ditch and canal owners overthe public
lands and for other purposes, approved July
twenty sixth. eighteen hundred and sixty-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are hereby repealed, but such repeal shall not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
,susy hal aRT t1n
and privileges conferred by this act where no
adverse rights exist at the time of the passage of
this act.
SEC TO- 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 to 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,
no further survey or plat shall be required, and
all placer mining 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-c claims cannot be conformed to legal sub
| division, survey and plat shall be made as on
unsurveytd 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 eN-
| listing laws, shall apply to such cases: And pro-
vided also, That where by the aggregation 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, associs-
| ton corporation in possession OF Q placer
In 10 tNr1 f1IA urtfh n
| the boundaries thereof, application shall be
I made for patent for the placer-claim, with the
statement hat it 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 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, is known to exist within the boundaries
of a placer-claim, an 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
claimant of the placer-claim has no right of pos.
session Of the vein or lode claim; but where the
existence OF vein or lode in placer. claim is not
known, apatent for the placer-claim shall convey
! all valuable mineral and other deposits within
| tn boundaries thereof.
SEC. II That the Surveyor General Of the
United States may appoint in each land distric
containing mineral lands as many competen
surveyors shall apply for appointment to sur
vey mining claims. The expenses of the surve
of vein or lode claims, and the survey and sub
division of placer claims into smaller quantities
han hum and VT
the cost Of publication of notices. shall be paid b,
the applicants, and they shall be at liberty to OBJ
tain the same at the most reasonable rates, snt
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner of the General Land Offic,
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 newspape
published in a land district where mines ar
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 Commits
sioner may be fully informed on the subject
each applicant shall file with the Register
sworn statement Of all charges and fees paid b
said applicant for publication and surveys, tt
gether with all fees and money paid the Resiste
and Receiver Of the landotiice, which statemeI
shall be transmitted, with the papers in tn
case, to the Commissioner of the General Lane
Office. The fees Of the Register and the X,
, ceiver shall be Ave dollars each for filing an
acting upon each application for patent or NJ
, verse claim filed, and they shall be allowed I'll
amount fixed by law for reducing test
r mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respect,
parties; and no other fees shall be charged /
4 them in such cases. Nothing in this act shall |
construed to enlarge affect the rights of eth.
t party in regard to any property in controversy
the time of the passage OF this act, or Of the a.
entitled IAN act granting the right of way
o ditch and canal owners over the public land
| md fprO n har al Iplxv
nor shall this act affect any right acquired und
said act; and nothing in this act shall be CO..
strued to repeal, impair, or in any way affect Il
j. provisions of the act entitled IAN act grantiI
4, to A. Sutro the right Of way and other privileg
to aid in the construction Of a draining and e,
ID ploring tunnel to the Comstock Lode, in Il
or State of Nevada" approved July 25th, 1866.
~ SEC -. That all afiidavits required to
a made under this act, or the act to which it
e, amendstory, may be verified before any ofiit
m authorized to administer oaths within the la
L. district where the claims may be situated, q
j, all testimony and proofs may be taken befo
IN any such officer, and, when duly certified by I
" officer taking the same, shall have the same fol
" and effect as If taken before the Register q
h Receiver of the Land Office. In cases of cont
L. as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
t. herein provided, on personal notice of at lei
10 ten days to the opposing party; or If said pal
as cannot be found, then by publication of at LEI
in once a week for thirty days in newspaper, to
I'd | designated Dy the Register OF the Land ONCE
" published nearest the location of such land a
le the Register shall require proof that such not
o. has been given.
at SEC. IA. That where two or more veins int
ID sect or cross each other, priority of title sh
g. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the SD
he Of intersection: Provided, however, That
ng subsequent location shall have the RIGHT Of v
h through said space Of intersection for the D
tn possesses of the convenient working of the Z
es mine: And provided also. That where two
rs more veins unite, the Oldest or prior locat
e. shall take the vein below the point of union
n GLIDING all the space of intersection.
er SEC. Is. That where non-mineral land
ts contiguous to the vein or lode is used or oc
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 inclut
II in an application for patent for such vein
o. lode, and the same may be patented therewi
IN subject to the same preliminary requireme
If as to survey and notice are applicable uni
he this act to veins or lodes: Provided, That
&c location hereafter made Of such non-adjac
IN land shall exceed five acres, and payment
ed the same must be made at the same rate a. a,
If. by this act for the superfcies Of the lode. I
Sc owner of a quartz mill or reduction works,
m owning q mine in connection Herewith, n
be also receive patent for his mill site, as pro
as ded in this section.