Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-16

pay for his portion Of the claim, with the prop
n fees, and file the certificate and description 4
BY the suryeyor-General. whereupon the register
shall certify the proceedings and tudgment-roll /
to the Commissioner ofthe Land Once, as in the I
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 10Th 1866 and July g. 1870, in the
case Of an individual, may consist in his own
affidavit thereof and in case of an association OF
persons unincorpOrsted 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 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 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 oonn-
daries 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 right
of way to ditch aud canal owners over the public
lands, and for other purposes, approved July
twenty-siXth. eighteen hundred and siNty-sln,
are hereby repealed, but such repeal shall net
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.
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 for
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain IN
full force, except as to the proceedings to obtain
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
yeyed 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-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsuryeyfd lands: Provided, That proceedings
now pelullp may DC prosecuted W illtil
determination under existing laws; but the pro.
visions of this act, when not in conflict with e1
listing laws, shall apply to such cases; And pro
vided 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 H. That where the same person, associa
ton or corporation in possession Of placer
oil and oil lin, n inrlnip1
the boundaries thereof, application shall bt
made for patent for the placer-claim, with thu
statement hat it includes such vein or lode, ant
in such case Subject to the provisions OF THU
act and the act entitled IAN act to amend an &C
granting the right Of way TO ditch and cana
owners over the public lands, and for other pur
poses; approved July ninth, eighteen huudre'
and seventy patent shall issue for the placer
| claim, including such vein or lode, upon tn
! 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, togethe
| with all costs OF proceedings; and where avein o
lode, such as described in the second section Q
this act is known to exist within the boundarie
ofa placer-claim, an application for patent 10
| such plscer-clam, which does not include an ap
| plicatiOn for the vein or lode claim, shall b
| construed as a conclusive declaration that tn
ella mant of the placer-claim has no right If pos
session OF the vein or lode claim; but where tn
existence Of vein or lode in placer claim is nc
known. apatent for the placer-claim shall conve
all valuable mineral and other deposits With
TIL boundaries thereof.
SEC. II That the Surveyor-General of tn
| United States may appoint in each land distri'
, | containing mineral lands as many competei
, surveyors as shall apply for appointment to su
q vey mining claims. The expenses of the survt
: of vein or lode claims, and the survey and su
f divisioI of placer claims INTO smaller quantiti
. than one hundred and sixty acres, together wit
the cost of publication Of notices, shall be paid
theappliCants, 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 pow.r to establish the maxmu
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 Il
e situated, for the publication of mining motto
t in such district. and fix the rates to be charg
| by such paper; and, to the end that the Comm
8 sioner may be fully informed on the subje
g 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 Rests
i. and Receiver of the land-otiice, which statemt
shall be transmitted, with the papers in
Z case, to the Commissioner of the General Lal
a. Office. The fees of the Register and the
"a | GtlNtT silAll DG iiNt lbI ming n
# acting upon each application for patent or
ia verse claim filed, and they shall be allowed
t amount fixed by law for reducing tie
,r mony to writing, when done in Land Office 81
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 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
Id entitled IAN act granting the right of way
itgh a,,ip al nvpr q 1ar
m and for other purposes" approved July &c, II
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
IN provisions of the act entitled IAN act gran,
IN to A. Sutro the right Of way and other privilt
q n to aid in the construction of a draining and
ed ploring tunnel to the Comstock Lode, in
or State of Nevada" approved July 25th 1866.
,av SEC. 10. That all afhdavits required tC
r. a made under this act or the act to which i
ce amendatory, may be verified before any of
i'm authorized to administer oaths within the
al. district where the claims may be situated,
al. all testimony and proofs may be taken be
i'm any such officer, and, when duly certified by
NV officer taking the same, shall have the same
nv and effect as If taken before the Register
lch Receiver of the Land Office. In cases Of col
cu 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 7
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 OH
NV. published nearest the location Of such land
the the Register shall require proof that such n
no. has been given.
hat SEC. IA. That where two or more veins i
rod sect or cross each ether, priority of title
sig govern, and such prior location shall be ent
he to all ore or mineral contained within the
the Of intersection: Provided, however, That
,inp subsequent location shall have the right Of
ith. through said space Of intersection for the
With possesses of the convenient working of the
ates nine And provided also, That where tv
lars more veins unite, the Oldest or prior loo
we shall take the vein below the point of unto
ran Guiding all the space ofintersection.
her SEC. Is. That where non-mineral land
acts contiguous to the vein or lode is used or
the pied by the proprietor of such vein or loo
, be mining or milling purposes, such non-adj
, of surface ground may be embraced and inc
hall in an application for patent for such We
no. lode, and the same may be patented there
, on subject to the same preliminary requirer
n as to survey and notice as are applicable
the this act to veins or lodes: Provided, tn
fice location hereafter made Of such non-adj
tion land shall exceed five acres, and paymel
lied the same must be made at the same rate as
: az. by this act for the superfcies of the lode.
erse owner of quartz mill or reduction work
rom owning q mine in connection Herewith
/ he also receive patent for his mill-site. o.
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