Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-02

AN Tor ms portion Of the claim, with the prop
r fees, and file the certificate and description
" the suryeyOr-General, whereupon the register
hall certify the proceedings and ludgment-rou
q the Commissioner Of the Land Office, as in the
PRECEDING case and patents shall issue TO the
,eyeral PARTIES according to their respective
rights Proof of citizenship under this act, or
ne act Of July 25th 1866, and July 3, 1870 in the
,ase Of an individual, may consist in his own
.fidayit thereof and in case of an ASSOCIATION OF
persons unincorporated OF the affidavit Of their |
authorized agent, made on his own knowledge or \
mon information and belief, and in case Of I
corporation organized under the laws of the |
United States, Of any State or Territory OF the
United States, by the fling 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 mining claim to any person What
ever.
SIC. &. 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 g patent shall De
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 10 the
plat or description thereof, but so as in no 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
lands, and for other purposes approved July
tyenty-sixth, eighteen hundred and siNty-six,
are hereby repealed, but such repeal snail not
affect existing rights. Applications Tor patents
for mining claims now pending may be prose
cuted 20 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-si1th, eighteen
civ ak,a al 80
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 10
amend an act granting the right OF way to often
and canal owners over the public lands, and ior
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 TINS
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 surther survey or plat shall be required, ana
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
plscer.claim cannot be conformed 70 legal SUD-
division, survey and plat shall be made as on
unsuryeyfd lands: Provided, That proceedings
now pending may be prosecuted to their final
determination under existing laws; Dut the pro-
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 qualined by
law, for homestead or prescription purposes.
SIC. II. That where the same person, associa-
ton or CORPORATION in possession of a 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 ii includes such VEN 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 CANA
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 th'
payment of five dollars per acre for such vein o.
lode claim, and twenty-five feet OF surface oil
each side thereof. The remainder of the placer
claim or any placer claim not embracing an.
vein or lode claim, shall be paid for at the rat
Of two dollars and fifty cents per acre, together
with all costs OF proceedings; and whereavein o
| lode, such a. described in the second section o
| this act is known TO exist within the bOundarie
| of u plaCer-claim, al application for patent 70
| such plaCer-Clain, which does not include an ap
| plication for the vein or lode claim, shall b
construed aB a conclusive declaration that tn
| claimant of the placer-claim has no right If pos
session Of the vein or lode claim; but where tn
existence Of vein or lode in placer-claim is no
| known, patent for the placer-claim shall conve
| all valuable mineral and other deposits With
| thu boundaries thereof.
SEC. IL That the Surveyor General Of tn
United States may appoint in each land distri,
containing mineral lands as many competel
, surveyors Us shall apply for appointment to su
vey mining claims. The expenses of the survt
of vein or lode claims, and the survey and SUI
division Of placer claims into smaller quantiti
| than one hundred and sixty acres, together wit
the cost of publication of notices, shall be paid
the applicants, and they shall be at liberty to o.
tain the same at the most reasonable rates, al
they shall also be at liberty TO employ any Unite
States Deputy Surveyor to make the surve
, | The Commissioner of the General Land OH,
shall also have power to establish the maximu
charges for surveys and publication of motto
under this act; and, in case of excessive charg
, for publication, he may designate any newspap
published in land district where mines @
, situated, for the publication of mining motto
in such district, and fix the rates to be charg
by such paper; and, to the end that the Comm
sioner may be fully informed on the sube,
each applicant shall file with the Register
, sworn statement Of all charges and fees paid
said applicant for publication and surveys,
n gether with all fees and money paid the Rests,
. and Receiver of the land-ofhce, which stateme
. shall be transmitted, with the papers in (
|, | case to the Commissioner of the General La1
!, Office. The fees of the Register and the !
q ceiver shall be five dollars each for filing a
4 acting upon each application for patent or
Is verse claim filed. and they shall be allowed
amount fixed by law for reducing tel
n mony to writing, when done in Land Office, ST
n fees and allowances to be paid by the respect
r. parties; and no other fees shall he charged
N them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of cit
Al party in regard TO any property in controversy
N | the time OF the passage of this act, or OF the
| VI
In ditch and canal owners over the public Ian
m and for other purposes approved July &c, Il
no nor shall this act affect any right acquired un
said act; and nothing in this act shall he c
ID strued to repeal, impair, or in any way affect
h. provisions of the act entitled IAN act grant
N. to A. Sutro the right of way and other privile
n to aid in the construction of q draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July Goth, 1866.
sv SEC. 10. That all af1idavits required to
made under this act, or the act to which il
" amendatory, may be verified before any of
inn authorized to administer oaths within the !
H. district where the claims may be situated,
al | all testimony and proofs may be taken be-
m any such officer, and, when duly certified by
bv officer taking the same, shall have the same f,
nv | and effect as IL taken before the Register
III Receiver of the Land Office. In cases of con
n as to the mineral or agricultural character
o. land, the testimony and proofs may be take
It herein provided, on personal notice of at
70 ten days to the opposing party; or if said p
as cannot be found, then by publication of at |
in once week for thirty days in a newspaper, I
ed designated by the Register of the Land Offic
". published nearest the location of such land ;
he the Register shall require proof that such nc
To- has been given.
mt SEC IA. That where two or more veins il
cd sect or cross each other, priority of title &
10. govern, and such prior location shall be emit
he to all ore or mineral contained within the s
he of intersection: Provided, however, That
no subsequent location shall have the right of
m, through said space of intersection for the
ith possesses of the convenient working Of the
ties mine: And provided also, That where tw
,rs more veins unite, the oldest or prior loca
70. shall take the vein below the point of union
IN. GLIDING all the space of intersection.
,er SEC. Is. That where non-mineral land
rts contiguous to the vein or lode is used or G
no pied by the proprietor of such vein or lod
he mining or milling purposes, such non-adja
of surface ground may be embraced and incl
ali in an application for patent for such vel
no. lode, and the same may be patented therey
on subject to the same preliminary requiren
If as to survey and notice as are applicable u
no this act to veins or lodes: Provided, Thi
Ice location hereafter made Of such nonadja
on land shall exceed five acres, and paymen
led the same must be made at the same rate as
Of by this act for the superfcies of the lode.
rae owner of q quartz mill or reduction works
nm, owning q mine in connection Herewith,
he also receive patent for his mill-site, as p
nae ded in this section.