Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-23

uluerent portions uf the clAifus enfu party may I
pay for his portion OF the claim, with the prop
sr fses. and file the certificate and description |
by the Surveyor-General, whereupon the register /
shall certify the proceedings and judgmentroll !
to the Commissioner ofthe Land Office, as in the /
preceding case. and patents shall issue to the |
several parties according to their respective l
rights. Proof Of citizenship under this act. or /
the act Of July 10th ls66 and July 9, $50. 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 own knowledge or |
upon Information and belief, and in case of
corporation organized under the laws of the |
United States, or Of any State Territory of the
United States, by the fling of a 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 mining claim to any person what |
ever. -I .AL
SEC. g. 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 |
dares Of such patented clsirns, according to the
plat or description thereof but in no case |
to interfere with or change the location OF any
such patented claim.
SEC. .. That sections one, two three. four and
six. of act entitled An Act granting the right
of way to ditch and canal owners over the public
lands, and for other purposes, approved July
twenty sixth eighteen hundred and sixty 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are hereby repealed, but such repeal shall not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 Q fnal 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 set entitled sAn 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 as to the proceedings to obtain
| 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-claims shall be upon sur
| veyed lands, and conform to legal subdivisions,
| no further survey or plat shall be required, and
all 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 he conformed to legal SUBJ
| division, survey and plat shall be made rs on
unsurveyed lands: Provided, That proceedings
now pending may be prosecuted to their final
discrimination under existing laws: but the pro-
l visions Of this act, when not in conflict with ex-
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 presumption purposes.
| Sec. IL. That where the same person, associa-
| ton or corporation in possession Of 4 placer.
| claim. and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the plaeer-claim, with the
statement hat 1t includes such vein or lode, and
in such case subject to the provisions of this
| act and 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 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 for at the rate
of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where Avein or
lode such as described in the second section of
this act is known to exist within the boundaries
of a placer-claim, an application for patent for
such placer claim, which does not include an ap-
plication for the vein or lode claim, shall be
construed as q conclusive declaration that the
claimant of the placer-claim has no right OF pos
session Of the vein or lode claim but where the
existence of vein or lode in placerclaim is not
known, apatent for the placer-claim shall convey
all valuable mineral and other deposits within
u the boundaries thereof.
SEC. II That the Surveyor-Genera Of the
. United States may appoint in each land district
containing mineral lands rs many competent
D surveyors shall apply for appointment to sur
! 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
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey.
: The Commissioner of the General Land Office
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
l published in q 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
0 each applicant shall file with the Register q
0 sworn statement of ali charges and fees paid by
said applicant for publication and surveys, to-
gether with all fees and money paid the Resistei
+ and Receiver OF the land-ofice, which statement
!, shall be transmitted, with the papers in thu
V case, to the Commissioner Of the General Land
= Office. The fees of the Register and the Re
Q ceiver shall 10 five dollars each for filing ant
II acting upon each application for patent or ad
IS verse claim filed, and they shall be allowed tn,
I, amount fixed by law for reducing test
n mony to writing, when done in Land Office, suci
fees and allowances to be paid by the RESPECTIVE
r 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
the time of the passage of this act, or of the
q entitled IAN act granting the right Of way t.
% ditch and canal owners over the public lands
N and for other purposes" approved July 90, 1866
10 nor shall this act affect any right acquired unde
said act and nothing IN this act shall be con
d strued to repeal impair or in any way affect tn
b. provisions Of the act entitled IAN act grantin
n, to A Sutro the right of way and other privilege
to aid in the construction of q draining and ex
ed ploring tunnel to the Comstock Lode, in til
OF State of Nevada, approved July 25th, 1866.
ay SEC. ID. That all sfidsvits required to
made under this act, or the act to which it
e, amendatory, may he verified before any Office
IN authorized to administer oaths within the Ian
IL district where the claims may be situated an
Al, all testimony and proofs may be taken befol
IN any such ofhcer and, when duly certified by Il
BY officer taking the same, shall have the same for
py and effect az II taken before the Register IN
CD Receiver Of the Land Office. In cases Of corte
u as TO the mineral or agricultural character
e. land, the testimony and proofs may be taken
" herein provided, on personal notice OF at lea
70 ten days to the opposing party; or il said par
in once week for thirty days in newspaper, to
cd designated by the Register Of the Land Office
W. published nearest the location Of such land; a
he the Register shall require proof that such mott
~. | 1hb uttu gwen. !. u. .-5ft ..#...#
lat SEC II. That where two or more veins int
Cd sect Cross each other, priority of title shs
g govern, and such prior location shall be entitl
he to all ore or mineral contained within the sps
ne Of intersection; Provided, however, That Il
ng subsequent location shall have the right Of NJ
IN through said space of intersection for the pu
th possesses Of the convenient working Of the 50
ties mine: And provided also. That where two
ars more veins unite, the Oldest prior locati,
ve- shall take the vein below the point of union
m Guiding all the space ofintersection.
Ter SEC. 10. That where non-mineral land n
cts contiguous to the vein or lode 10 used or occ
he pied by the proprietor Of such vein or lode
be mining or milling purposes, such non-adjsce
OF surface ground may be embraced and includ
all in an application for patent for such vein
40 lode. and the same may be patented therewit
on subject to the same preliminary Requirement
II o. to survey and notice ~ are applicable md
he this act to veins or lodes: Provided, That
ice location hereafter made Of such non-adjaee
on land shall exceed Ave acres, and payment 9
led the same must be made at the same rate q tx,
Of by this act for the superhciss Of the lode. IT
rise owner of o quartz mill or reduction worm, n
1m owning . mine in connection Herewith m,
be also receive patent for his nilis site, "a pro,