Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-07


az for his portion @. the claim, with the prop
r fees. and file the certificate and description
" the Suryeyor-General, whereupon the register
hall certify the proceedings and judgment-roll
Preceding case, and patents shall issue to the
leyeral parties according TO their respective
lights. Proof Of citizenship under this act, or
he act Of July 2sth 1866, and July 9. 1870 in the
,ase Of an individual, may consist in his own |
.ffidayit thereof and in case of an association OF
persons unineo-pora,ed of the affidavit Of their /
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 3 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 patent shall De
issued as aforesaid for claims upon unsur-
veyed lands the Surveyor General in extending
the surveys shall adjust the same to the boun-
daries of such patented claims, according 10 the
plat or description thereof, but SO as in no case
to interfere with or change the location oil any
such patented claim,
SEC. Q. 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
twenty-sixth. eighteen hundred and si1ty-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are hereby repealed, but such repeal shall not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 q final decision in the General Land
Office: hui 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 siIty-siN shall convey all the rights
and privileges conferred by this act WHERE no
adverse rights exist at the time Of the passage If
this act.
SIC. 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 i'll
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 whore said placer-elaims shall be upon sur
veyed lands, and conform to legal subdivisions,
no further survey or plat shall be required, ana
all placer mining claims hereafter located shall
conform 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-claimR cannot be contormed to legal sub
/ division, survey and plat shall be made as on
]
/ 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 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 IL. That where the same person, associa-
: 0r o.
/ claim and also a vein or lode included within
1 the boundaries thereof, application shall be
] made for patent for the placer-claim, 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 TO 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 Of
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.
l vein or lode claim, shall be paid for at the rat
| Of two dollars and fifty cents per acre, together
! with all costs of proceedings; and where avein o
lode such as described i'll the second section o
this act, is known to exist within the boundarie
OF a placer-claim, an application for patent TO
such placer-clsim, whichsdoes not include an ap
| plication for the vein or lode claim, shall b
construed as u conclusive declaration that tn
ella uani of the piacer-ciaim has no right 0 f pos
session Of the vein or lode claim; but where tn
existence OF avein or lode in placer-claim is nc
known, apatent for the placer-claim shall conve
all valuable mineral and other deposits With
thu boundaries thereof.
SEC II That the Surveyor General of til
United States may appoint in each land dstri'
, containing mineral lands as many competei
, surveyors as shall apply for appointment to 50
E vey mining claims. The expenses of the suryt
5 of vein or lode claims, and the survey and sui
f division of placer claims INTO smaller quantiti,
} than one hundred and sixty acres, together wit
the cost OF publication Of notices, shall be paid |
r the applicants and they shall be 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 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
5 for publication, he may designate any newspap
| published in land district where mines u
e situated, for the publication of mining motto
4 in such district and fix the rates to be charg
| by such paper; and, to the end that the Comm
s sioner may be fully informed on the subet
Q each applicant shall file with the Register
O 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
l. and Receiver Of the land-offce, which stateme
|, shall be transmitted, with the papers in t
). case, to the Commissioner Of the General Lar
e ceiver shall be five dollars each for filing a
If acting upon each application for patent or
is verse claim filed, and they shall be allowed I
/ amount fixed by law for reducing ten
n mony to writing, when done in Land Office, SUI
IN fees and allowances to be paid by the respect
r parties; and no other fees shall be charged
IN them in such cases. Nothing in this act shall
n. construed to enlarge or 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
, anti uh n nv
to ditch and canal owners over the public Ian
m and for other purposes" approved July 26, Is
no nor shall this act affect any right acquired un
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
, n to aid in the construction of draining and
ed plorng tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866.
av SEC. 10. That all aflidavits required to
r a made under this act, or the act to which il
ce. amendstory, may be verified before any off
inn authorized to administer oaths within the |
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 Il
nv and effect as II taken before the Register
81 Receiver of the Land Office. In cases OF con
u ms to the mineral or agricultural character
re- land, the testimony and proofs may be takel
at- herein provided, on personal notice Of at Il
NO ten days to the opposing party; or if said p,
as cannot be found, then by publication of at Il
in once week for thirty days in a newspaper, t,
ed designated by the Register of the Land Ofic
W. published nearest the location Of such land;
he the Register shall require proof that such no
To- has been given.
lat SEC. IA. That where two or more veins in
cd sect or cross each other, priority of title S
TO- govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
ne of intersection: Provided, however That
ing subsequent location shall have the right of
tn through said space OF intersection for the
tn possess of the convenient working Of the
ties mine: And provided also, That whore tw,
ars more veins unite, the oldest or prior loca
We shall take the vein below the point of union
m GLIDING all the space ofintersection.
,er SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or o
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-adja
of surface ground may be embraced and inclr
ali in an application for patent for such vel
no. lode, and the same may be patented therew
on subject to the same preliminary requirenl
If as to survey and notice as are applicable III
he this act to veins or lodes: Provided, Tha
leo location hereafter made Of such non-adja
ION land shall exceed five acres, and payment
led the same must be made at the same rate as
Of by this act for the superfcies of the lode.
rse owner of a quartz mill or reduction works,
an owning a mine in connection Herewith,
he also receive a patent for his mill-site, rs pI
,as ded in this section.