Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-04

hat several parties are entitled to separate and
liderent portions Of the claim, each party may
pay for his portion Of the claim, with the prop
II fees. and file the certificate and description
BY the Suryeyor-General. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioners Of the Land Office, IS in the
preceding case, and patents shall issue to the
several parties according to their respective
rights. Proof Of citizenship under this act. or
tine act Of July 2Sth 1896 and July 2, $50. in the
case Of an individual, may consist in his own
AFFIDAVIT thereof, and in case of an association OF
persons unincorporated 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 tine
United States. by the filing OF certihed copy Q,
their charter or certificate Of incorporation; and
nothing heroic contained shall be construed TO
prevent the alienation Of the title conveyed by
patent for mining claim to any person WHAT
ever
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 shaI De
issued as aforesaid for claims upon unsur- |
viewed lands the Surveyor General in extending |
the surveys, shall adjust the same TO the boun- |
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.
SEC 9. That sections one, two, three, four and
Elk 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-siGth. 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are hereby repealed.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 o 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-si1th, 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
4 other purposes approved July ninth, eighteen
] hundred and seventy, shall be and remain in
full force, except as to the proceedings to OBTAIN
I 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-clsims shall be upon sur
1 veyed lands and conform TO legal subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located snail
conform as near as practicable with the United
States system OF public land surveys and the
rectangular subdivisions Of such surveys and
DO such location shall include more than twenty
acres for each individual claimant, but where
I placer-claims cannot be conformed 10 legal SUD
division, survey and plat shall be made as on
unsurveysd lands: Provided, That proceedings
now pending may be prosecuted to their mai
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 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 qualihed by
law, for homestead or presumption purposes.
SEC. IL. That where the same person, associa
ton or corporation in possession OF placer
claim, and also vein or lode included within
the boundaries thereof. application shall bt
made for patent for the placer-claim, with tht
statement that 1t includes such vein or lode, ant
in such case Subject to the provisions of THU
act and the act entitled "An 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 hundred
and seventy patent shall issue for the placer
claim, including such vein or lode, upon IN
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 OF 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 q
T lode such as described in the second section G
J this act is known to exist within the boundarie
, Of a pacer-claim, an application for patent &c
! such placer-claim, which does not include an az
! plicatlon for the vein or lode claim, shall
i Ella nant of the placerclaim has nc right of POI
u session Of the vein or lode claim; but where til
existence of a vein or lode in placer-claim is NJ
= known, apatent for the placer-claim shall conve
J. all valuable mineral and other deposits With
II tn boundaries thereof.
e SEC. II That the Surveyor-Geueral OF IL
/ United States may appoint in each land dlstrl
o containing mineral lands as many compete
% surveyors as shall apply for appointment to su
De vey mining claim2 The expenses of the surv'
u of vein or lode claims, and the survey and su
u dvsio . of placer claims into smaller quantiti
lie than one hundred and sixty acres, together wi
u the cost of publication of shall paid
Or the applicants and they shall be at liberty to
al tain the same at the most reasonable rates, al
" they shall also be at liberty to employ any Unit
> States Deputy Surveyor to make the surye
We The Commissioner of the General Land-Oh
III shall also have power to establish the maGlmu
II charges for surveys and publication of motto
III under this act; and in case of excessive charg
Is for publication, he may designate any newspal
vi published in a land district where mines d
lie situated. for the publication of mining motto
et in such district and fix the rates to be charg
Nj by such paper; and, to the end that the Comm
rs sioner may be fully informed on the subje
De each applicant shall file with the Registe
to sworn statement of all charges and fees paid
ne said applicant for publication and surveys,
en- gether with all fees and money paid the Rests
"a and Receiver Of the land-ofice, which statemt
III, shall BE- transmitted, with the papers in
rs, case, to the Commissioner Of the General Lai
are ceiver shall be FIVE dollars each for filing a
OF acting upon each application for patent or
his verse claim tiled and they shall be allowed
ct, amount fixed by law for reducing te
OF mony to writing, when done in Land Once, 81
on fees and allowances to be paid by the respect
err parties; and no other fees shall be charged
ION them in such cases. Nothing in this act shall
m, construed to enlarge or affect the rights OF cit
AT party in regard to any property in controversy
IN the time OF the passage of this act, or of the
lll ! entitled NAn act granting the right OF
TO ditch and canal owners over the public Ian
am and for other purposes" approved July &c, Il
mo nor shall this act affect any right acquired uu
said act, and nothing in this act shall be C
led strued to repeal impair, or in any way affect
OBJ provisions of the act entitled IAN act grant
on, to A. Sutro the right of way and other privie
e to aid in the construction of draining and
ted ploring tunnel to the Comstock Lode, in
or State Of Nevada" approved July 2oth, 1866
nay SEC IS. That all afidavits required to
'r made under this act, or the act to which II
ce' amendatory, may be verified before any off
nm authorized to administer oaths within the /
dl- district where the claims may be situated
raj, all testimony and proofs may be taken bel
I'm any such officer, and, when duly certified by
by oficer taking the same. shall have the same Il
'py and effect as II taken before the Register
len Receiver of the Land Office. In cases of con
Gu as to the mineral or agricultural character
re- lsnd. the testimony and proofs may be take
'at- herein provided, on personal notice of at l.
wo ten days to the opposing party: or if said p.
us cannot be found then by publication OF at Il
, IN once a week for thirty days in newspaper, t
led designated by the Register Of the Land Ofic
ow- 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 in
iod sect or cross each ether, priority Of title s
sig- govern and such prior location shall be emit
he to all ore or mineral contained within the 81
the of intersection: Provided, however, That
ing subsequent location shall have the right of
lth- through said space of intersection for the
nth possesses OF the convenient working Of the
,tes mine: And provided also, That where two
lars more veins unite, the oldest or prior loca
've- shall take the vein below the point of union
ran Guiding all the space of Intersection.
her Src. is. That where non-minersl land
ects contiguous to the vein or lode is used or o
the pied by the proprietor of such vein or lod,
o be mininu or milling purposes such pon-s dia
n OF surface ground may be embraced and incll
hall in an application for q patent for such vel
no. lode, and the same may be patented therev
e on subject to the same preliminary reauiren,
III as to survey and notice as are applicable nj