Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-21

hist several parties are entitled TO separate and
say Tor lis portion Of the elain, with The prop
= fees, and file the certificate and description
By the Surveyor-General, whereupon the register
shall certify the proceedings and tudgment-roll
10 the Commissioner fthe Land Once, as in the
preceding case and patents shall issue to the
several parties according to their respective
rights Proof of citizenship under this act. or
the OF July 2Gth ls66, and July q lsIo. in the
case o! an individual, may consist In his own
affidavit; thereof and in case OF an association of
persons uninoorporsted of the affidavit Of tier
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 hling of certified copy Of
their charter or certificate 81 incorporation; and
nothing herein contained shall be construed 70
prevent the alienation Of the title conveyed by
patent for mining claim TO any person what
ever.
SEC 6. 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-
veyed 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.
six. of an act entitled An Act granting the right
Of way to ditch and canal owners overt the pubic
lands, and for other purposes, approved July |
twenty-siIth. eighteen hundred and sixty
are hereby repealed, but such repeal shall not |
affect existing rights. Applications for patents |
for mining claims now pending may he prose
cuted to 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 sixtysix, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist at the time Of the passage OF
this aet.
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
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 plaoer-claims shall De upon sur
| veyed lands, and conform 20 legal subdlVlsions,
no further survey or plat shall be required and
I ali 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
unsurveysd lands: Provided, That proceedings
| 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 pre-emption purposes
| SEC II. That where the same person, associs-
| ton or corporation in possession of placer
claim and also vein or lode included within
! the boundaries thereof, application shall be
/ made for patent for the placer-claim, with the
statement that 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 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 Eve 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 aud 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 plseer-claim, an application Tor patent Tor
such placer-claim, which does not include an ap.
plication for the vein or lode claim, shall be
construed ms q conclusive declaration that the
ella mant of the placer-claim has no right OF pos
| session Of the vein or lode claim; but where the
existence Of a vein or lode in placer-claim is not
| known, patent for the placer-claim shall convey
all valuable mineral and other deposits within
, tn boundaries thereof.
. SEC. - That the suryeyor-General Of the
United States may appoint in eacn land district
o containing mineral lands as many competen
o surveyors shall apply for appointment to sur
e vCy mining claims. The expenses OF the surve,
& OF vein OF lode claims and the survey and sub
# dyisio OF placer claims INTO smaller quantltie
e than one hundred and sixty acres, together will
j. the cost OF publication Of notices shall be paid b.
r theapplcants, and they shall be at liberty to oh
! tain the same ut the most reasonable rates. ant
they shall also be at liberty to employ any Unitet
: States Deputy Surveyor to make the survey
e The Commissioner of the General Land-O ffic
a shall also have power to establish the maximum
l. charges for surveys and publication OF notice
Il under this act; and in case of excessive charge
s FOR publication, he may designate any newspape
IL published in a land district where mines ar
e situated, for the publication of mining notice
4 in such district and FIX the rates to be charge
IL by such paper; and, to the end that the Commi
Is sioner may be fully Informed on the subjec
,e each applicant shall file with the Register
10 sworn statement Of all charges and fees paid /
,e said applicant for publication and surveys, t
N gether with all fees and money paid the Resist
a. and Receiver of the land-ofice, which statemel
d. shall be transmitted, with the papers in Il
T. case, to the Commissioner Of the General Ian
e. Office. The fees of the Register and the Il
re ceiver shall be five dollars each for filing al
of acting upon each application for patent or a
lis verse claim filed, and they shall be allowed &
IT, amount fixed by law for reducing ties
or mony to writing when done in Land Office, SUI
on fees and allowances to be paid by the respect
r. parties; and no other fees shall be charged
on them in such cases. Nothing in this act shall
m construed to enlarge or affect the rights Of eth
at party in regard to any property in controversy
in the time OF the passage of this act, of the
Id entitled IAN act granting the right of way
To ditch and canal owners over the public Lane
i'm and for other purposes" approved July &C. 49,
no nor shall this act affect any right acquired unt
said act; and nothing in this act shall be &C
red strued to repeal, impair, or in any way affect
oh. | provisions Of the act entitled IAN act grant
on. to A. sutro the right of way and other prvile
e n to aid in the construction of a draining and
ted ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July Goth, 1866.
nav SEC. 10. That all afidavits required to
lr a made under this act or the act to which it
zee amendatory, may be verified before any Off
aim authorized to administer oaths within the Il
al. district where the claims may be situated,
raj all testimony and proofs may be taken Def
aim any such officer, and, when duly certified by
by officer taking the same. shall have the same fc
opy and effect as if taken before the Register
ncb Receiver Of the Land Office. In cases of con
en- as to the mineral or agricultural character
IRE. land, the testimony and proofs may be takel
nat herein provided, on personal notice of at II
Two ten days to the opposing party; or II said pt
az cannot be found, then by publication of at Il
in once week for thirty days in newspaper, I,
lied designated by the Register of the Land Ofiic
nx. published nearest the location of snch land;
the tne heElhteI piooi thos suNh nv
no. has been given.
that SEC. IA. That where two or more veins in
rod sect cross each ether, priority OF title s
sig govern and such prior location shall be emit
4 he to all ore or mineral contained within the s.
the of intersection: Provided, however, That
ling subsequent location shall have the right of
18th. through said space Of intersection for the
with possesses of the convenient working Of the
ates mine: And provided also, That where tw
lars more veins unite, the oldest or prior loca
ave- shall take the vein below the point of union
ran. Guiding all the space of intersection.
tber SEC. Is. That where non-mineral land
ects contiguous to tine vein or lode is used or 9
the pied by the proprietor Of such vein or lod
o be mining or milling purposes, such non-adja
n al surface ground may be embraced and incl
hall in an application for patent for such ve
no. lode, and the same may be patented therey
= on subject to the same preliminary requiem
If as to survey and notice as are applicable u
the this act to veins or lodes Provided, TIL,
,f,ice location hereafter made Of such non-adjf
,tion land shall exceed five acres, and paymen
Tiled the same must be made at the same rate rs
r. Of by this act for the superficies of the lode.
yerse owner of q quartz mill or reduction works
from owning q mine in connection Herewith,
n he also receive patent for his millsite. as p
, bae | ded in this section.