Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-14

lffaT several parties " parbtc hLC
different portions Of the claim, each party may
paw for his portion OF the claim, with the prop
n fees, and file the certificate and description
by the Suryeyor-Genersl, vhereupon the register
10 the Commissioner ofthe Land Office, as in the
preceding case. and patents shall issue to the
several parties according 10 their respective
rights. Proof Of citizenship under this act, or
the act Of July 26th 1866, and July g. 1870 in the
case Of an individual, may consist in his OWL
affidavit thereof. and in case OF an association OF
persons unincorporated Of the affidavit OF their
authorized agent, made on his OWL knowledge or
upon Information and belief, and In case OF
c0rporztiJn organized under the laws oil 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 4 mining claim to any person NhAt- /
ever.
SEC. &. 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 4 patent shall be |
issued aforesaid for olsims upon unsur-
yeyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the Doun-
darles of such patented claims according to the
plat or description thereof, but SO as in no case
to interfere with or change the location or any
such patented claim.
sTc 9. That sections one. two three four and
six, Of an set entitled An Act granting the right
of way To ditch and canal owners overthe public
lands and for other purposes, approved July
twcnty-sixth. eighteen hundred and sixty-H
are hereby repealed, but such repeal shall NOT
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 Tor
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 elaims
but where said placer-caims shall be upon sur
veyed lands and conform TO legal supdivislons,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform as near rs practicable with the United
States system Of public land surveys ana 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
unsurveyfd 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 e1-
listing laws, shall apply to such casts: And 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 NAV be entered by any party qualified by
law, for homestead or presumption purposes.
SEC. II. That where the same person, associa-
ton or corporation in possession OF placer.
ola NJ oil y.in or lode included
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement that it 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 10 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 five dollars per acre for such vein or
lode claim, and twenty-f 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 st 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, an application for patent for
such placer-clam, which does not include an sp.
pliCatiOn for the vein or lode claim, shall be
construed a conclusive declaration that the
ella mant of the pacer-cls has no right o I pos
session OF the VEN or lOle Uut WEerC tDe
existence of vein or lode in placerclaim is not
known, patent for the placer claim shall convey
all valuable mineral and other deposits within
| tn boundaries thereof
| SEC. IL That the Surveyor-General Of the
| United States may appoint in each land district
containing mineral lands as many competent
surveyors as shall apply for appointment to sur
ycy mining claims. The expenses of the survey
Of vein or lode claims, and the survey and sub
division of placer claims INTO smaller quantities
| than one hundred and sixty acres, together with
the cost of publication of notices, shall be paid by
the applicants and they shall be at liberty to OBJ
tain the same at the most reasonable rates, and
theyshall also be at liberty to employ any United
States Deputy Surveyor to make the survey.
The Commissioner OF the General Land. Once
shall also have power to establish the maximum
charges for surveys and publication of notices
under this act; and, in case OF excessive charges
for publication, he may designate any newspaper
published in land district where mines are
situated for the publication of mining notices
in such district and fix the rates to be charged
by such paper and. to the end that the Commits
sioner may be fully informed on the subject
each applicant shall file with the Register
sworn statement of all charges and fees paid by
said applicant for publication and surveys, to
gether with all fees and money paid the Resistel
shall be transmitted, with the papers in tn,
case. to the Commissioner of the General Land
| Office The fees of the Register and the Re
| ceiver shall be five dollars each for filing AM
verse claim filed. and they shall be allowed tn
amount fixed by law for reducing test
: mony TO writing, when done in Land Office, sucl
, fees and allowances to be paid by the respectiv
parties; and no other fees shall be charged b.
, them in such cases. Nothing In this act shall b
construed to enlarge or affect the rights Of eithe
party in regard to any property in controversy a
the time OF the passage of this act or Of the &C
entitled IAN act granting the right OF way t
, ditch and canal owners over the public landi
, ind for other purposes" approved July &c, 1864
0 shall this act affect any right acquired unde
said act; and nothing in this act shall be COZ
a strued to repeal impair, OF in any way affect tn
}. provisions Of the act entitled IAN act grnntin
/, to A sutro the right of way and other privilege
to aid in the construction Of q draining and el
d ploring tunnel to the Comstock Lode, in IL
" State of Nevada" approved July 25ih, 1866.
" SEC. l3. That all affdavits required to
a made under this act, or the act to which 1t
e. ameudatory. may be verified before any oific
m authorized to administer oaths within the lar
l. district where the claims may be situated, al
/. all testimony and proofs may be taken befo
D, any such officer, and, when duly certified by Il
" officer taking the same. shall have the same for
" and effect as If taken before the Register az
h Receiver of the Land Office. In cases Of conte
4. as to the mineral or agricultural character
p lsnd the testimony and proofs may be taken
T. herein provided, on personal notice of at les
% ten days to the opposing party; or If said par
,s cannot be found, then by publication Of at lea
n once a week for thirty days in a newspaper, to
d designated by the Register Of the Land Office
G. published nearest the location Of such land; Al
le the Register shall require proof that such mott
o. has been given.
at SEC. IA. That where two or more veins int,
I'd sect or cross each other, priority Of title shi
Q. govern and such prior location shall be entitl
he to all ore or mineral contained within the spa
he Of intersection: Provided, however, That {
nR subsequent location shall have the RIGHT OF W
h. through said space Of intersection for the p,
tn possesses Of the convenient working Of the %
es mine: And provided also, That where two
RS more veins unite the oldest or prior locati
e. shall take the vein below the point Of union,
n. Guiding all the space of intersection.
er SEC. Is. That where non-mineral land
is contiguous to the vein or lode is used or oct
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-adjacs
of surface ground may be embraced and includ
III in an application for patent for such vein
o. lode, and the same may be patented therewi
On subject to the same preliminary requirenel
II rs to survey and notice as are applicable unt
he this act to veins or lodes: Provided, That
&c location hereafter made Of such non-adjact
on land shall exceed Ave acres, and payment
ed the same must be made at the same rate rs III
Of by this act for the superfcies Of the lode. 7
Sc owner of quartz mill or reduction works,
I'M owning a mine in connection Herewith, n
be also receive patent for his mill-site. % pro
A.If To- tt,,c