Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-16


everAl parties according to their respective 1
lights. Proof Of citizenship under this net, or /
he act of July 2Gth 1866. and July 2, 1870 in the
ase Of an individual, may consist in his own |
ffdsvit thereof, and in case Of an association OF
persons unincorpora,ed OF the AFFIDAVIT Of their |
authorized agent. made on his own knowledge or |
Ipon information and belief, and in case OF |
corporation organized under the Laws of the |
United 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
patent FOR q mining claim to any person what
8yC-.
SIC. s. That the description of vein or lode
claims, upon surveyed lands, shall designate the
location OF the claim with reference TO the lines
# the public surveys, but need not conform
Herewith; but where patent shall be
issued as aforesaid for claims upon unsur-
yeyed lands. the surveyor General in extending
the surveys, shall adjust the same to the bonn
diaries Of such patented claims, according to the
plat or description thereof, but 30 as in no case
10 interfere with or change the location Of any
such patented claim.
SIC. ., TnHt 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
tweuty-sixth. eighteen hundred and siXty-slN,
are hereby rrpealed, but such repeal snail NOT
affect existing rights Applications for patents
for mining claims now pending may be prose
cuted to tnal decision in the General Land
Once: 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-sX, 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.
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, ana LOT
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 OF 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 be conformed to legal sub
division, survey and plat shall be made as on
unsurveytd lands Provided, That proceedings
now pending may be prosecuted TO their bnal
determination under existing laws; but the pro-
visions of this act. when not in conflict with eS-
listing laws, shall apply to such cases: And pro
yided 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 pre-emption purposes.
SEC II. That where the same person, associa-
tiOn or corporation in possession OF placer
claim, and also vein or lode included within
the boundaries thereof, application shall lie
made for a patent for the placer-claim, with the
statement that ii 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 i've dollars per acre for such vein OF
lode claim and twenty feet OF surface OF
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 where VEN Of
lode such as described in the second section o.
this act, is known to exist within the boundaries
Of placer-claim, an application for patent fol
such plscer-claim, which does not include an ap
plicatiOn for the vein or lode claim, shall Ia
construed az conclusive declaration that tn
claimant Of the placer-claim has no right o pos
session Of the vein or lode claim; but where th'
existence Of vein or lode in placerc claim is no
known, apatent for the plscer-clam shall conve.
all valuable mineral and other deposits within
/ ths boundaries thereof,
SEC. 70 That the Surveyor General of tn
/ United States luGy appoint in each land distric
/ containing mineral lands as many competen
. surveyors Us shall apply for appointment to SUI
vcy mining claims. Tho expenses of the surve
Of vein or lode claims, and the survey and sui
divisiOl Of placer claims into smaller quantitit
than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid
theapplicant.. and they shall be at liberty to oil
tain the same st the most reasonable rates, an
they shall also be at liberty to employ any Unite
/ states Deputy surveyor TO make the surye.
{ The Commissioner Of the General Land OfiC
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 newsp8p,
published in u land district where mines a.
situated, for the publication of mining NOTES
in such district, and fix the rates to be charge
by such paper: and, to the end that the Commi
sioner may be fully informed on the subjeC
each applicant shall file with the Register
sworn statement Of all charges and fees paid
said applicant for publication and surveys
gether with all fees and money paid the Resist
and Receiver of the land-Office, which ststeme
shall be transmitted, with the papers in t
case to the Commissioner of the General Ian
Office. The fees OF the Register and the i
. ceiver shall he five dollars each for filing a
T acting upon each application for patent or Q
5 Verse claim fled, and they shall be allowed
amount fixed by law for reducing ties
x,
A fees and allowances to be paid by the respect
: parties and 10 other fees shall be charged
B them in such cases. Nothing in this act shall
. construed to enlarge or affect the rights Of etl
/ party in regard to any property in controversy
n the time of the passage of this act, or OF the
d entitled IAN act granting the right of way
O ditch and canal owners over the public Ian
n and for other purposes" approved July &c. IS
o nor shall this act affect any right acquired un,
said act, and nothing in this act shall be c.
! trtraI IN INN n u a. fapti
D. provisions Of the act entitled IAN act grant
A. 10 A. Sutro the right of way and other privile
"a to aid in the construction Of a draining and
d ploring tunnel TO the Comstock Lode. in
n state of Nevada" approved July 25th, 1866.
" SEC. u. That ell afidavits required to
a made under this act, or the act to which II
e, amendatory, may be verified before any Off
m authorized to administer oaths within the i
IL district where the claims may he situated
L, all testimony and proofs may be taken bel
m any such officer. and, when duly certified by
" officer taking the same. shall have the same fC
" and effect as If taken before the Register
h Receiver of the Land Office. In cases of con
u as TO the mineral or agricultural character
e. land. the testimony and proofs may be takel
T. herein provided, on personal notice Of at /,
10 ten days to the opposing party; or If said p,
rs cannot be found, then by publication of at Il
in once a week for thirty days in q newspaper, I,
ID designated by the Register of the Land Otfc
" published nearest the location Of such land;
ne the Register shall require proof that such no
o. has been given.
at SEC. IA That where two or more veins in
I'd sect or cross each other, priority of title =
o. govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
he of intersection: Provided, however, That
NC subsequent location shall have the right of
h. through said space of intersection for the
tn possesses of the convenient working Of the
es mine: And provided also, That where tive
RS more veins unite, the oldest or prior loca
"a | shall take the vein below the point of union
n GLIDING all the space of intersection.
er SEC. 10. That where non-mineral land
rs contiguous to the vein or lode is used or o
he pied by the proprietor of such vein or lod,
be mining or milling purposes, such non-adja
of surface ground may be embraced and inclr
IN in an application for patent for such vel
o. lode, and the same may be patented therev
On | subject to the same preliminary requirenl
If as to survey and notice as are applicable VI
no this act to veins or lodes: Provided, Tina
CO location hereafter made Of such non-adja
on land shall exceed five acres and payment
ed the same must be made at the same rate rs
,f- by this act for the superfcies of the lode.
Sc owner of quartz mill or reduction works,
nm owning 3 mine in connection Herewith,
be also receive a patent for his mill site, as pi
as ded in this section.
src. 16. That all acts and parts OF acts in
he sistent herewith are hereby repealed: Provi
he That nothing contained in this act shall be
he strued to impair, in any way, rights or intel
a. in mining property acquired under existing ]
Q. Approved Msy 10, 1872.
=, | CHAD CcyJy An II IN amend an Act emf