Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-04

~ llE o. l1le C4Al1L. VIII the fruT-
7 tse-, and nle the certioca.E and description
y The Survey or-C5enerzl, vhereupon the rsglster
hail certify the Proceedings and judguent-rull
% the Commissioner Of the Land OEsce 2s II the
preceding case. and patents shall issue 70 the
several parties according 70 their respective
rights Pr0of Of citizenship unde- this act. or
lie act % Jaly eth ls5S. and July q $50, IN the
,zss Of an lndi. dual. may consist IL his oxn
2 1zTit thereof. and n of association q
persons uninoCrporlted q the s.fdAvi; Of their
authorlzsd agent. male On his osn knowledge CT
upon information aud beiies. xod IN case Of
CORPORATE n organized under the laws Of the
United states a Of any State or Territory Of tie
I nItei States, by the nlIne q certified copy Of
their charter or certificate Of Incorporation; and
nothing herein ccn,sined shall BE construed to
yyreyeu. the Alienation Of the title conveyed by
patsnt for 3 mining elsim 10 any person what
ever.
SEC. :. That the description Of vein CT lode
Claims upon surveyed lands, shall designate ths
location Of the claim with rsfsrsnce to the lines
Of the public SURVEYS, but need not conform
thsrewiih: but where = patent shall be
issued a. zf0-ess!i fer claims upon unsur-
yeyed lands, the Surveyor General in ertendirg
the surveys, shall adjust the same to the boun-
diaries Of such patented claims. according to the
plat CT description thereof, but 80 s. in no case
to interfere with OF chsnge the location Of any
such patented claim
SIC 9. Thzt sections one, two, three. four and
six Of az act entitled An Act granting the right
Of way 70 ditch and canal CSLtrS Overtime puCllt
lands, and for other purposes, approved Jul!
tweuty-si1th. eighteen hundred and sixty-siI.
are hereby repealed. bat such repeal shall not
affect existing rights. Applications for patents
fey mining clsins nOE pending may be prose
cuted TO Il nnzI decision in the General Land
Once: but in such cases where adverse rights
are not affected th-r eby, patents may issue in
pIirsuzuc- Of the provisions Of this act, and all
patents for mining claims heretofore issued
under the act Of July twenty-siXth, eighteen
hundred and siIty-slL shall convey all the lghts
and privileges conferred by this act where no
adverse rights exist st the time Of the passage Of
this aC1.
So. 10. That the act entitled An Act to
amend an act granting the right Of way 70 ditch
and canal owners over the publIc lands, and for
other purpose, approved July ninth. eiPhteeu
hundred and saventy, shall be and remain in
full force, except as 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 plscer-clains shall be upon sur
veyed lands and conform TO legal Subdivisions,
10 further survey or plat shall be required, and
all placer uiuing claims hereafter located shall
conform a. near a. 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
scres tor each individual claimant. but where
cannot be CouforIned 10 legal sub
division, survey and plat shall be made as on
uusuTvey lands Provided, That proceedings
now pending msy be prosecuted to their final
determination under existing laws. but the pro-
visions Of this act, when not in conflict with ex-
istiug laws, shall apply to such cases; And pro-
yided also. That where by the segGr egation 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 pref mptiUn purposes.
SIC IL. That where the same person, associs-
ton Or corporation in possession Of a 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 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 tie 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 OF lode claim. shall be paid for at the rate
Of two dollars and fifty cents per acre, together
with Gil costs If proceedings; and where vein or
lode, .Ich as described in the second section Of
this act, is known to exist within the boundaries
Of placer-Clain, 81 application for patent for
such placer claim, which does not include an APP
plicati0n for the vein OF lode claim, shall be
construed as a conclusive declaration that the
ella mant Of tho placer-clsin has no righs Of pos
session o! the vein Or lode claim but where the
existence of vein or lode in placerclaim is no,
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
Ia boundaries thereof.
SIC, T. That the Surveyor General Of the
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
vCy mining claims. The expenses Of the survel
Of vein OF lode claims, and the survey and sub
divIsi0 Of placer claims INTO smaller quantitie,
than one hundred and sixty acres, together witt
the cost Of publication Of notices shall be paid BIS
the applcants and they shall be al liberty to OBJ
tain the same st 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 once
shall also hayt power to establish the maximum
chsrgeS for surveys and publication Of notices
under this act and, in case of excessive charges
for publication, he may designate any newspaper
published III d 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 d
sworn statement Of all charges and fees paid By
said applicant for publication and surveys. to.
gether with all fees and money paid the Resister
and Receiver Of the laud-0fiice, which statenen,
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 and
acting upon each application for patent OF ad
verse claim filed, and they shall be allowed thC
amount fixed by law for reducing testi
mony to writing when done in Land Once, such
fees and allowances to be paid by the respective
parties aud no other fees shall be charged by
them in such cases. Nothing in this act shall b.
construed to enlarge or affect the rights Of eithe
81 fnyf
the time OF the passage Of this act. or Of the &C
entitled An act granting the right Of way II
ditch and canal owners over the public lands
and for other purposes approved July 2G, 1866
nor shall this act affect any right acquired uude
said act; and nothing in this act shall be con
strued To repeal, impair, or in any way affec, til,
provisions Of the act entitled IAN act granting
to A. sutro the right of way and other privileged
to aid in the construction Of draining and ex
ploring tunnel to the ComstoCk Lode, in tn,
State OF Nevada, approved July 25 h. 1866.
SEC. H. That all afidavits required to b
made uuderThis act, or the act to which it il
GmeBdatoTy, may be verified before any Office
authorized to administer Oaths within the lane
district where the claims may be situated AM
all testimony and proofs may be taken befOr
any such officer and, when duly certified by tn
officer taking the same, shall have the same fore
and effect AZ II taken before the Register an,
Receiver Of the Land Office. In cases Of contes
as to the mineral or agricultural character 0
IHnd, the testimony and proofs may be taken q
herein provided, on personal notice Of at leas
ten days to the opposing party; or if said part
cannot be found then by publication Of at leas
once week for thirty days in a newspaper, to b
designated by the Register Of the Land Office q
published nearest the location Of such land; an
the Register shall require proof that sucn motto
has been given.
SEC IL. That where two or more veins int,
sect or cross each other, priority Of title shal
govern, and such prior location shall be entitle
to all ore or mineral contained within the spac
Of intersections; Provided, however, That III
subsequent location shall have the right OF wa
through said space of intersection for the pui
possesses Of the convenient working of the sal
| mine: And provided also, That where two c
more veins unite, the oldest or prior locatio
shall take the vein below the point Of union il
| Guiding all the space of intersection.
SEC. Is. That where non-mineral land ne
| contiguous to the vein or lode IL used or ocCI
! pied by the proprietor Of such vein or lode fC
| mining or milling purposes, such non-ad jacer
| surface ground may be embraced and include
| in an application for patent for such vein {
| lode, and the same may be patented therewitl
/ subject to the same preliminary requirement
as to survey and notice as are applicable und.
| this act to Veins or lodes: Provided That 4
| location hereafter made OF such non-adiace,
| land shall exceed five acres, and payment Il
| the same must be made at the same rate az tsxe
| by this act for the superfcies Of the lode. II
| owner OF q quartz mill or reduction works n,