Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-03

,at several parties are entitled to separate and
lerent portions Of the claim, each party may
" for his portion Of the claim, with the prop
fees and file the certificate and description
: the surveyor General, whereupon the register
iall certify the proceedings and judgment-roli
, the Commissioner ofthe Land once, as IN the
receding case and patents shall issue TO the
syeral parties according to their respective
chts Proof of citizenship under this act, or
no act Of July 26th 1866 and July 9, 1870, In the
ase Of an individual, may consist In his own
fidayit thereof, and in case of an ASSOCIATION OF
ersops unineorporsted Of the affidavit of their
uthorized agent, made on his own knowledge or
mon information and belief, and in case OF
orporation organized under the laws OF .he
'nited states or Of any State or Territory OF the
-nited States, by the filing of a certified copy OF
heir charter or certificate of incorporation; and
nothing herein contained shall be construed 10
prevent the alienation of the title conveyed by
1atent for mining claim to any person what
,ver. , -,
SEC. 8. That the description of vein or lode
,laims upon surveyed lands, shall designate tine
location OF the claim with reference to the lines
~ The puhlic surveys but need not conform
Herewith: but where patent snail De
issued as aforesaid for claims upon uhsur
viewed lands the Surveyor General in extending
The surveys shall adjust the same TO the Doun-
daries of such patented claims, according to the
plat or description thereof, but SO as IN no case
10 interfere with or change the location OF any
such patented claim. - $4,000,
six of an act entitled An Act granting the right
OF way to ditch and canal owners overthe public
lands, and for other purposes, approved jury
twenty-siNth. eighteen hundred and slNtS-sN
are hereby repealed, but such repeal shall nor
affect existing rights. Applications for patents
for mining claims now pending may De prose
cuted to final decision III the General Laiu-
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 siNty-six, shall convey all the riBhth
and privileges conferred by this act where no
adverse rights exist at the time Of the passage OF
this act.
SrC 10 That the act entitled An Act TO /
amend an act granting the right OF way TO dltch
and canal owners over the pubic lands, ana ior
other PURPOSES approved July ninth, eighteen
hundred and seventy, shall be ana remain III
full force except as to the proceedings TO OBTAIN
patent which shall be similar TO the process
ings prescribed by sections six and seven OF TINS
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,
10 further survey or plat snail De required, anu
/ all placer mining claims hereafter located shali
! conform as near as practicable with the United
| States system of pnblic land surveys ana the
rectangular subdivisions OF such surveys, anu
no such location shall include more than twenty
acres for each individual claimant, but where
placer-claims cannot be conformed to legal SUD
division. survey and plat shall be made as on
unsurveyed lands: Provided, That proceedings
now pending De IlOstCuttu W AAi"i
determination under existing laws; but the pro-
visions of this act, when not in conflict with ex-
isting laws shall apply to such cases; ana 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 quallhed by
| law, for homestead or presumption purposes.
SEC. IL. That where the same person, assocla-
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 hat it includes such vein or lode, ana
in such case Subject to the provisions OF TINS
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 Tor other pur-
poses; approved July ninth, eighteen hundred
and seyentyl q 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 for at the rate
Of two dollars and fifty cents per acre, together
with all costs of proceedings and where avein OF
: lode such as described i'll the second section OF
this act is known to exist within the boundaries
, of placer-claim an application for patent fol
such placer-claim, which does not lnclude an ap'
[ plication for the vein or lode claim shall De
construed as a conclusive declaration that the
. claimant of the placer.claim has no right o ( pos
session OF the vein or lode claim; but where the
existence of vein or lode in placer claim is MOI
:, known, apatent for the placerclaim shall conve,
l. all valuable mineral and other deposits withil
n tn boundaries thereof
"a SEC IL That the Surveyor-General of tn
H. United States may appoint in each land distric
TO containing mineral lands as many competei
to surveyors as shall apply for appointment to SUI
ha yey mining claims. The expenses of the surNe
ia of vein or lode claims and the survey and sui
Of division of placer claims into smaller quanttit
he than one hundred and sixty acres, together wit
tl,. t,f,,t n notices shall
or theapplicans and they shall be at liberty to OF
al tain the same at the most reasonable rates, an
fy they shall also be at liberty to employ any Unite
IS States Deputy Surveyor to make the surve,
We The Commissioner of the General Land-Oht
Cd shall also have power to establish the maximum
M charges for surveys and publication OF notic'
an under this act; and in case of excessive charg
,is for publication, he may designate any newspAp
MI published in land district where mines a
de situated, for the publication of mining motto
.et in such district, and fix the rates to be charg
all by such paper and, to the end that the Comm
ms sioner may be fully informed on the subjet
he each applicant shall file with the Register
to sworn statement OF all charges and ices paiu
me said applicant for publication and surveys,
zen gether with all fees and money paid the Resis
ga, and Receiver of the land office, whch'stateme
cd shall be transmitted, with the papers in
I've case to the Commissioner of the General LaI
re- Office. The fees of the Register and the ]
nre ceiyer shall be five dollars each for filing a
of acting upon each application for patent or
his verse claim filed, and they shall be allowed
act amount fixed by law for reducing tel
+ or mony to writing, when done in Land Office ST
ion fees and allowances to be paid by the respect
,er parties; and no other fees shall be charged
ion them IN such cases Notdlns III 'lis az sha
i'm 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
mid entitled IAN act granting the right of way
to often ana canal owners over the puplic iai
aim and for other purposes approved July II, II
who nor shall this act affect any right acquired u
said act; and nothing in this act shall be c
med strued to repeal, impair, or in any way Affect
Oh provisions oi inc hct enu'leu an ny ~
son TO A. Sutro the right of way and other privilt
,te n to aid in the construction of draining and
ated poring tunnel to the Comstock Lode, in
: or State of Nevada approved July 2oth, 1866.
may SEC. 10 lnst az ainuu'ts Iequiieu "
Tor n made under this act, or the act to which /
nee amendatory, may be verified before any OF
lain authorized to administer oaths within the
4. al district where the claims may be situated,
eral, all testimony anu proofs may pe .aheh nc
lain any such officer, and, when duly certified by
d by officer taking the same, shall have the same
copy and effect as If taken before the Register
such Receiver of the Land Office. In cases OF col
picu- as 10 the ihihera VI asII.ui.iai oi"i
nre land the testimony and proofs may be take
nat herein provided, on personal notice OF at
two ten days to the opposing party; or If said I
ad as cannot be found, then by publication OF at
90 in once week for thirty days in newspaper,
lied designated by the Register of the Land Off
low published nearest the location of such land
the the Register shall require proof that such
!. no. has been given.
that SEC. IA. That where two or more veins l
arind sect or cross each other priority of title
,esig govern and such prior location shall be ent
nd he to all ore or mineral contained within the
m the of intersection: Provided, however That
filing subsequent locatioh shaii nave .he riGn, y
with through salu Space Vi in.er ioi VIC
with possesses of the convenient working OF the
,tates mine And provided also, That where tv
,IIars more veins unite, the Oldest or prior loo
rove shall take the vein below the point of unio
gran. GLIDING all the space Of intersection.
Ether SEC. Is. That where non-mineral land
,iects contiguous to the vein or lode is used or
y the pied by the proprietor of such vein or loo
To he mining or milling purposes, such non-adJ
on of SURFACE ground may DC eplaoe anu ny ~
ID no. lode, and the same may be patented there
zee on | subject to the same preliminary requirer
n If as to survey and notice as are applicable
h tho this act to veins or lodes: Provided, tn
.ofice location hereafter made of such non-adj
alton land shall exceed five acres, and payne
titled the same must be made at the same rate as
YER Of by this act for the superhcies OF the lode
Verse owner of quartz mill or reduction work
from owning mine in connection Herewith
ali he also receive patent for his mil-site, as
1t has ded IN inns sscuon;
r. h.-. oil DrO