Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-12


by the suryeyor-Generzl, whereupon the register
shall certify the proceedings and iudgment-roll
10 he Commissioner OF the Land Ofhce, as in the
preceding ease, and patents shall issue to the
several parties according to their respective
rights. Proof Of citizenship under this act, or
the ast Of July 26th IsG5, and July g. 1870, In the
case Of IN individual, may consist in his own
affidavit thereof, and In case OF association OF
persons uliinc0rp0rsted Of the afidavit Of their
authorized agent made on his own EncWis1ge Or
upon information and belief, and in case Of
corporation organized under the laws OF tho
United States, or Of any State or Territory O. the
United States, by the flIng Of Q certified copy OF
their charter or certificate o. incorporation. and
nothing herein cgntzlnei shall be construed TO
prevent the alienation Of the title conveyed by
patent for mining claim 10 any person what
ever.
sgss. That the description q yain or lode
claims. upon surveyed lands, shall designate the
location OF the clsim with rrfereDce 70 the lines
OF the public surveys, bet need Eoi eouioEra
Herewith: bat Whers patent shslL be
issued IS Aforesaid for Claims spon unsur-
yeyed lands the Surveyor General in extending
the surveys shall Sd,u the same to the boun-
daries CT such patented elAims, according 10 the
plat or description thereof. but so as in no case
to interfere with or change the location Of any
such patented claim.
sEc. 2. That sections one, two, three. four and
six Of al act entitled An Act granting the right
Of way n ditch sud canal owners over the public
lands, and for other purposes approved July
L.
are hereby repealed. but such repeal shall no,
affect existing rights. Applications for patents
for mining claims now pending may lie prose
culed 70 frla decision in the General Land
Ohice; but in snch cases where adverse rights
are not affected tn reby, pstents 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 sixtysir. shall convey ali the rights
and privileges conferred by this act WHERE no
/ TluH-z gVLst II the tine OF the o!
this set.
SIC. TO- That the act entitled An Act to
amend an act granting the right Of way to dItrh
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 10 the proceedings TO obtain
patent which shall be similar 10 the proceed
ings prescribed b. sections six and seven Of this
act for obtaining patents to vein or lode claims;
/ but where said plscer-claims shall be upon sur
/ veyed lands, aud conform to legal subdivisions,
I no further survey or plat shall be required, and
] all placer mining claims hereafter located shall
I conform as near a. practicable with the United
+ States system Of pHbLc 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
UusuIyey q 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 ex-
listing laws, shall apply to such cas- S: And pro-
/ Vi led also, That where By the segregation OF
mineral land in any legal subdivision quantity
1 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.
SIC, II. That where the SAINT. person, associa-
I ton or corporation in possession Of placer
/ claim, and also vein or lode included within
the boundaries thereof, application shall be
. 10 60, nj rag, tha
statement hat il includes such vein or lode, and
/ in such case Subject TO the provisions of this
I act and the act entitled IAN act to amend an act
! granting the right Of way 10 ditch and canal
4 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 Tor 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 placer-claim, Gu application for patent for
such placer-claiIn, which does not include an ap.
pliCaton for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant OF tho placer.claim has no right O. pos.
session Of the vein or lode claim; but where the
existence Of vein lodo in placer.clsim is no,
known, patent for the placer-clAim shall convey
all valuable mineral and other deposits within
III boundaries thereof
SEC. ~ That the Surveyor General of the
United States may appoint in each land district
containing mineral lands many competent
} surveyors as shall apply for appointment to sur
vgy mining claims. The expenses of the surve,
+ OF vein or lode claims and the survey and sub
I divisio Of placer claims nto smaller quaniitie
e than one hundred and sixty acres, together will
tie cost publication of notices shall be paid b.
the applicants, and they shall be atlibertyto oh
tain the same st the most reasonable rates, anC
they shall also be at liberty TO employ any United
States Deputy Surveyor to make the survey
: The Commissioner Of the General Land Onhc'
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 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
$ souer may be fully informed on the subject
e each applicant shall file with the Register
o sworn statement Of ali charges and fees paid b.
g said applicant for publication and surveys, &c
D gether with all fees and money paid the Resiste
= and Receiver of the land office, which statemen
, shall be transmitted, with the papers in tn
, case, to the Commissioner of the General Land
: Once. The fees OF the Register aud the RI
q | cever shall be five dollars each for filing an
f acting upon each application for patent or ad
S verse claim filed, and they shall be allowed tn
!. amount fixed by law for reducing test
r mony to writing, when done in Land Office, suo
n fees and allowances to be paid by the respectiy
:. parties aud no other fees shall be charged b
Il them in such cases. Nothing in this act shall b
/. construed to enlarge or affect the rights OF eithe
It party in regard to any property in controversy
n the time OF the passage OF this act of the &C
entitled AN act granting the right of way
o ditch and canal owners over the public land
n and for other purposes" approved July &c, 1861
0 nor shall this act affect any right acquired unde
said act; and nothing in this act shall be col
d strued to repeal impair, or in any way affect tn
J. provisions Of the act entitled IAN act grantin
l. TO a. Sutro the right Of way and other privilege
a to aid in the construction Of draining and ey
q ploring tunnel to the Comstock Lode, in ID
r State OF Nevada, approved July % h, 1866.
y SEC. 10. That all afidavits required to b
a made under this act, or the act to which 1t
J., amendatory. may be verified before any Office
u authorized to administer oaths within the Ian
+ district where the claims may be situated, an
, | all testimony and proofs may be taken befor
a any such officer, and, when duly certified by III
officer taking the same, shall have the same fore
! and effect as If taken before the Register an
i Receiver of the Land Office. In cases Of contes
!. as to the mineral or agricultural character
land, the testimony and proofs may be taken q
I. herein provided on personal notice of at lea,
0 ten days to the opposing party; or If said part
S cannot be found, then by publication CT at leas
a once week for thirty days in newspaper to b
1 designated by the Register of the Land Office 4
the Register shall require proof that such motto
has been given.
SEC. IA. That where two or more veins intei
! sect or cross each ether, priority of title sha
: govern, and such prior location shall be entitle
to all ore or mineral contained within the spac
of intersection: Provided, however. That th
. subsequent location shall have the right OF wa
through said space Of Intersection for the pui
possesses of the convenient working of the sal
e mine; And provided also That where two G
S more veins unite, the oldest or prior locatio
: shall take the vein below the point of union il
i. Guiding all the space Of intersection.
r SEC. Is. That where non-mneral land nc
S contiguous to the vein or lode is used or occr
e pied by the proprietor of such vein or lode fo
e mining or milling purposes, such non-adj acen
surface ground may be embraced and include
/ in an application for patent for such vein Q
: lode, and the same may be patented Herewith
n subject to the same preliminary requirement
( as to survey and notice as are applicable unds
e this act to veins or lodes: Provided, That n
e location hereafter made of such non-adjacer
D land shall exceed Ave acres, and payment IA
the same must be made at the same rate as fxe
:. by this act for the superfcies Of the lode. Tn
owner of a quartz mill or reduction works nc
owning a mine in connection Herewith, ma
also receive A Datent for his mi site ms prov