Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-03


hail certify the proceedings and Judgasnt-roll
0 the Commissioners of the Land Office, as in the
case, and patents shall issue to the
eyersl parties according TO their respective
lights Proof Of citizenship under this act, or
he act Of July 2Cth 1866, and July O. 1870, in the
ase Of an individual, may consist in his own
fidayit thereof, and in ease Of an association Of
,ersons unincorpOrsted OF the affidavit OF their /
agent, made on his own knowledge or 4
lpon information and belief, and in case OF 4
corporation organized under the Laws Of the I
nited States or Of any State or Territory of the /
United States, by the filing Of certified copy of
heir charter or certificate Of incorporation; and
nothing herein contained shall be construed TO
prevent the alienation Of the title conveyed by "a
patent for = mining claim to any person what
sver.
SEC. s. That the description Of vein or lode
claims. upon surveyed lands, shall designate the
location Of the claim with reference to the lines
IF the public surveys, but need not conform
herewith: but where q patent shall nc
issued as aforesaid for claims upon unsur-
yeyed 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 50 rs in 10 case
to interfere with or change the location OF any
such patented claim.
SEC. Q. That sections one, two, three four and
six of an 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 -siNth, eighteen hundred and sl1ty-s
are hereby repealed, but such repeal shall not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 final decision in the General Land
Office; hut 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-sixtb, 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 q
this act.
SIC. 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 for
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain IN
full force except u 10 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 subdlVislons,
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, ana
no such location shall include more than twenty
acres for each individual claimant, but where
placer-claims cannot be conforIped to legal sub
division survey and plat shall be made as on
unsurvey' lands: Provided, That proceedings
now pending may be prosecuted to their hnal
determination under existing laws; but the pro-
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-
tion or corporation in possession OF 9 placer
claim and also a 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 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 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 vein or
lode, such as described in the second section OF
this act, is known to exist within the boundaries
of q plucer-Claim, an application for patent for
such placer-claim, which does not include an ap'
plicstiOn for the vein or lode claim, shall be
construed as d 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 vein or lode in placercla lain is moi
known, patent for the placer-clsim shall convey
oil valuable mineral and other deposits within
III boundaries thereof.
SEC. IL That the Surveyor General of the
United States may appoint in zach land district
containing mineral lands as many competen
! surveyors as shall apply for appointment to sur
| Vey mining claims. The expenses of the surve,
| of vein or lode claims, and the survey and sub
division of placer claims into smaller quantitie
| than one hundred and sixty acres, together wit
the cost OF publication of notices,shall paid b
tbeapplicants, and they shall be at liberty to OF
| tain the same at the most reasonable rates, an
| they shall also be at liberty to employ any Unite
| States Deputy surveyor TO make the survey
| The Commissioner OF the General Land-Ufhc
| shall also have power to establish the maximum
| charges for surveys and publication of notice
| under this act and, in case of excessive charge
/ for publication, he may designate any newspape
published in land district where mines ar
situated, for the publication of mining notice
in such district, and fix the rates to be charge
by such paper; and, to the end that the Commits
soner may be fully informed on the subjec
each applicant shall file with the Register
sworn statement Of all charges and fees paid b
said applicant for publication and surveys, 4
gether with all fees and money paid the Resist'
and Receiver Of the land-otiice, which statemei
shall be transmitted, with the papers in Il
case, to the Commissioner of the General Ian
Office The fees OF the Register and the r
ceiver shall be five dollars each for filing al
acting upon each application for patent or a
verse claim filed, and they shall be allowed Il
amount fixed by law for reducing tes
mony to writing, when done in Land Office, SUE
fees and allowances to be paid by the respect
parties; and no other fees shall be charged
them in such cases Nothing in this act shall
construed to enlarge or affect the rights Of eth
party in regard to any property in controversy
the time OF the passage of this act. or Of the .
entitled IAN act granting the right of way
, ditch and canal owners over the public lsnt
| and for other purposes" approved July &c, lst
, nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
strued to repeal, impair, or in any way affect
| provisions of the act entitled IAN act grant,
! to A. Sutro the right of way and other priyilel
n to aid in the construction of a draining and G
A ploring tunnel to the Comstock Lode, in I
II State of Nevada" approved July 2oih, 1866.
v SEC. 10. That all afidavits required to
a made under this act or the act to which il
J, amendatory, may be verified before any Off
n authorized to administer oaths within the Ia
l. district where the claims may be situated a
|, all testimony and proofs may be taken bef
n any such officer, and, when duly certified by
v officer taking the same, shall have the same 70
v and effect as If taken before the Register
i Receiver of the Land Office. In cases of cont
l. as to the mineral or agricultural character
!. land, the testimony and proofs may be taken
l. herein provided, on personal notice Of at lie
o ten days to the opposing party; or If said pa
q cannot be found. then by publication of at le
n once week for thirty days in a newspaper, to
a designated by the Register of the Land ofict
:. :. published nearest the location Of such land;
e the Register shall require proof that sucu moi
}. has been given.
It SEC. IA, That where two or more veins in
d sect or cross each other, priority of title 81
.. govern, and such prior location shall be EMIT
le to all ore or mineral contained within the So
ne of intersection: Provided, however, That
10 subsequent location shall have the right OF
n. through said space Of intersection for the I
.h possesses of the convenient working Of the
Is mine And provided also, That where two
RS more veins unite, the Oldest or prior loca,
q. shall take the vein below the point of union
n. Guiding all the space Of intersection.
or SEC. Is. That where pon-mineral land
ia contiguous to the vein or lode is used or o,
ne pied by the proprietor Of such vein or lode
,e mining or milling purposes, such non-adjac
N surface ground may be embraced and inclu
II in an application for patent for such veil
O. lode, and the same may be patented therew
IN subject to the same preliminary requirenlt
If as to survey and notice as are applicable un
ne this act to veins or lodes: Provided, THAI
Co location hereafter made of such non-adjat
IN land shall exceed five acres, and payment
I'D the same must be made at the same rate as 9
~ by this act for the superhcies of the lode.
sc owner of Q quartz mill or reduction works,
m owning mine in connection Herewith,
BE- also receive q patent for his mill-site. as pr
ss | ded in this section.
SEC. 16. That all acts and parts of acts In
h.. | sistpnt herewith are hereby repealpd proyi