Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-11

q fss and fls the certificate aud dss-rip-sdu
by the sIryeyor-General. whersupon the r~G ste-
shan certify the proeee1ings and i11smeni-roll
% the Commissioner ofthe Land Oeaoe. as II the
Trsociing esse and patents shall Issue to the
several parties according to their respective
rights. Proof o. citizenship under this set, or
the act % july 2gth IsG. and July .. ls7o, II the
case d an individual. may consist in his ovn
persons uninoOrp0rated o. the Aiidzvit q their
luthoriZsd agent, msde On his OWE kn0wie-ise O.
upon Information and belief. sDd in cas- e
corporation organized under The l1Es q t1e
United St4ies or Of any State o. Territory O: tx
United States, by the hling q > esrti5st COZ! q
thei, charter or certificate a. inoorpo-st u1; Al
nothing herein cUntsinsd shall b oo-s-r1eG .
prevent the alienati0n q the title conveyed :!
patent for mining claim to any n@,11 What
ever.
SIC. s. That the description q vais g i.se
claims upoa surveyed lsnGs- shall 1sssS ste Ia
location Of the claim With = tsryroe % the Inns
Of the public suz'eTs. bat need n9i el1i1'li
herewith: but Whers psieci SHAH y
issued - Aforesaid fer claims ur.u1 EuSZr-
vsyed lanis the surveyor Gszsrsl n sTfea1Iag
to surveys. shall s4tc-i tAs szns 70 tEs h1'ra-
dEriss q such patented clEiI-s, suou-dinE 10 tie
plat CT d-s-ripti5a thrrsdf. pat - e. IN d e=ss
10 interfere with CT change ths location o. any
such patented claim
SIC g. That sections Gle. tzo. th-os- four All
six o. An set entitled An Act grating the r-zEt
q vzy = ditch ard canal 0Ens-s ovs- he public
tTeutv-siYth. eighteen h1rdr-d and s!xty-stX.
are hereby repeal-d. but such repeal shall nJs
affect existing rights. Applications for patents
for mining claims now peniing may lie Prose
cuied 20 3 final decision in the General LSrd-
Uflcs; but IN surh csses where sdverse rights
are not sfected tn reby, patents may issue IN
pursuance q the provisions q this act: and sll
p4teuts icT mining claims heretofore is.ued
under the act OF July twenty-siJth, eighteen
hundred aud siEty-s I shall convey all the rights
aud ell carr+4rrgf nv this Err vrle~a n
adverse rights exit al 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 10 d!trh
and canal owners over the public lands, and for
other purposes,' approved July ninth, eighteen
hundred aud seventy, shall be and r-nsn in
fun force, except to the proceedings To obtain
pate ut which shall be similar to the proceed
ings prescribed b. sections six and seven Of this
act for obtaining patents to vein or l. de Claims;
/ but where said placer-claims shall be upon sur.
/ veyed lands, ami conform t. legal Subdivisions,
/ no further survey OF plat shall b required, and
] all placer miuing claims hereafter located shall
] conform as near a. practicabe 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 clsimEnt. hut WHERE
plarer-clairns cannot be cnnfOrmed TO legal sub
! division. survey and plat shall be made as on
uusurvey lands; Provided, That proceedings
now pending nEy be prosecuted to their FINAL
determination unicr existing laws, but the pro-
visions u this Ect when not in conflict with eI-
listing laws, hall apply to such cas- :: And pro-
Vi led also, That NTherr By the seg-rs CATION OF
mineral lsnd in any legal subdivision quantity
OF agriculture ian less than forty acres r..
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, assocls.
tion OF corporation in possession Of placer.
claim snd also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-clain, with the
statement that 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 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 Of
/ 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 he paid for at the rate
Of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where vein On
| lode, such described in the second section Of
this act, is known to exist within the boundaries
| Of plAcer-claim all application for patent fol
such placer-claim, which does not include an APP
! plicatiUn for the vein or lode claim, shall bt
, construed as a conclusive declaration that the
ella mant Of tho placer-clqim has no right OF pos
session Of the vein or lode claim; but where the
existence Of a vein or lode in placer claim is no
known, Gpatent FOR the placel claim shall convey
all valuable mineral and other deposits within
III boundaries thereof
SEC. /! That the surveyor General Of tn,
United States may appoint In each land distric
containing mineral lands as many cOmpeteu
surveyors as shsll apply for appointment t. SUI
vey mining claim Tue expenses Of the surve
+, Of vein or lode claims, and the survey and sui
divisio OF placer claims rto smaller quaniite
, than one hundred and sixty acres together wit
the cost OF publication OF notices, shall he paid b.
the applicants and they shall be at liberiy 10 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. Of,ic
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 "a land district where mines ar
situated, for the publication Of mining notice
in such d strict, and fix the rates to be charge
by such paper; and, to the end that the Commi,
! sIoner may be fully Informed on the subject
, each applicant shall file with the Register
sworn statement Of all charges and fees paid b
said applicant for publication and surveys, t
gether with all fees and money paid the Resistc
and Receiver VI the nd-Ofice, which stateme1
shall be transmitted, with the papers In tt
case to the Commissioner Of the General Lane
Office. The fees oil the Register and the X,
r
{ acting upon each application for patent or &C
$ verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
r mony to wiring, when done in Land Office, sue
l feeI and allowances to be paid by the respeCty
parties; and no other fees shall be charged b
them in such cases. Nothing in this act sha Il /
construed to enlarge or affect the rights Of eitht
t 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
, ditch and canal the public land
and for other purposes" approved July 20, 1856
nor shall this act affect any right acquired undo
said act; and nothing in this act shall be col
srued to repeal, impair, or in any way affect III
provisions OF the act entitled IAN act grantin
to a. Sutro the right Of way and other privilege
/ to aid in the construction Of draining and ey
ploring tunnel to the ComstoCk Lode, in Ii
State OF Nevada, approved July rs h, 1866
SIC, Is. hat all afidavits required to
4 made under this act, or the act to which 1t
amendstory, may be verified before any Office
/ authorized to administer oaths within the Ian
district where the claims may be situated, al
all testimony and proofs may be taken betot
! any such officer, and, when duly certified by ID
officer taking the same, shall have the same fore
and effect rs II taken before the Register an
Receiver Of the Land Office. In cases Of conte,
as to the mineral or agricultural character
Ind. the testimony and proofs may be taken
herein provided, on personal notice Of at leal
ten days to the opposing party; or if said part
cannot be found then by publication Of at lea,
once week for thirty days III newspaper to /
designated by tue R gister OF the Land Office
published nearest the location OF such land an
the Register shall require proof that sue motto
has been given.
SEC IA. That where two or more veins int
sect or cross each ether, priority Of title sha
govern. and such prior location shall be entitle
to all ore or mineral contained within the spal
Of intersection; Provided, however. That III
subsequent location shall have the right OF wa
through said space Of intersection for the pu
possesses of the convenient working OF the sal
mine: And provided also. That where two c
more veins unite, the old st 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 nc
contiguous to the vein or lode 10 used or occt
pied by the proprietor of such vein or lode fo
mining or milling purposes, such non.adj acen
surface ground may be embraced and include
in an application for patent for such vein @
lode, and the same may be patented Herewith
subject to the same preliminary requirement
as to survey and notice as are applicable uade
this act to veins or lodes: Provided That n
location hereafter made Of such non-adjscen
land shall exceed Eve acres, and payment fo
the same must be made ut the same rate az Axe
by this act for the superfcies of the lode Tn
owner Of q quartz mill or reduction works. nc
owning mine in connection Herewith, ma
also receive patent for his mill-siie. as PROV
Ar1 sY, -.