Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-26

pay for his portion Of the claim, with the prop.
Ct fees. aud file the certificate and DIES -riptiou
b the surYeyor-General, vhereupon the register
shall certify the proceedings and judgment-roll
TO the Commissioner ofthe Land Once as in the
preceding case. and patents shall issue to the
several parties according TO their respective
rights. Proof Of citizenship under this act OF
the act Of July 2jh 1856. and July 9, 1870 in the
case Of an individual, may consist in his OWE
affidavit thereof and in case OF an association OF
persons unineurpOrated of the AFFIDAVIT Of then
authorized agent, made on his own knowledge OF
upon Information and belief. and in case o. q
corporation organized under the laws Of the
United States. or OF any State or Territory Of the
United States by the filing of o certified copy o.
then charter or certificate Of incorporation; and
nothing herein cOntsined shall be construed to
prevent the alienation of the title conveyed by a
patent for mining claim to any person what
ever.
SEC. 6. That the description Of vein or lode
claims upoa surveyed lands, shall designate the
location OF the claim with r. ference TO the lines
Of the public surveys, but need not conform
Herewith; but where q patent shall be
issued Aforesaid for claims upon unsur-
yeyCG 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 9. That sections one, two, three. four and
six. OF an set entitled An Act granting the right
of way to ditch and canal owners over the public
lands, and for other purposes, approved July
twenty-siXth. eighteen hundred and sixty-six.
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may lie prose-
cuted TO final decision in the General Land
Office; but in such cases where adverse rights
are not effected tn rely, patents may issue in
pursuance Of the provisions Of this act; and all
patents for mining claims heretofore issued
dor aft irl,s
hundred aud siXty-siX 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.
SEC. u. That the act entitled AN Act to
amend an act granting the right of way to ditch
and canal owners over the public lands, ard for
other purposes approved July ninth, eighteen
hundred and seventy, 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 placer-claims shall be upon sur.
yeyed lands and conform to legal subdivisions
no further survey or plat shall be required, and
all placer miuinE 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, aud
no such location shall include more than twenty
acres for each individual claimant. but where
placer-Claims cannot be conformed to legal sub
u4Nlrlol, survey ana plAt snail be made as on
unSuTvey lands: Provided, That proceedings
now pending may be prosecuted to their final
determination under existing laws. but the pro.
visions Of this act, when not in conflict with ex-
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 presumption purposes.
SEC II. That where the same person, associa.
ton or corporation in possession Of placer.
claim, and also vein or lode included within
the boundaries thereof application shall be
made for patent for the placer-caifn, 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 10 ditch and canal
owners over the public lands, and for other pur.
poses, approved July ninth eighteen hundred
aud serenity patent shall issue for the placer
claim, including such vein or lode, upon the
payment Of five dollars per acre for such vein o,
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 atty cents per acre together
with all costs Of proceedings; and where vein OF
lode, such as described in the second section OF
this act il known TO exist within the boundaries
of placer-clRim, an application for patent foI
such placer-claim, which does not include an 6 D.
plicdti0n for the vein or lode claim, shall be
construed as conclusive declaration that the
ella luaut of the plaGer-claim has no right of pos
session Of the vein or lode claim but where the
existence Ct ycin or lode il placCr.claim is no,
known, patent for the placer-claim shall convey
all VARIABLE mineral and other deposits within
til boundaries thereof,
SEC. u That the Surveyor General of the
United States may appoint III each land district
containing mineral lands as many competen
SURVEYORS as shall apply for appointment to sur
Nty mining Claims. The expenses of the surve,
/ Of vein q lode claims, and the survey and sub
uivisio Of piacgr claims nto smaller Quantitie
than one hundred and sixty acres together witt
tho cost Of publication Of notices. shall be paid by
thcapphcants, and they shall be at liberty to OBJ
/ tam thu same Of the most reasonable rates, auC
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 have power to establish the maximum
charges for Surveys and publication OF notice,
under this act. and, i'll case OF excessive charge,
for publication, he may designate any newspapel
published in land district where mines ar,
situated. fer the publication of mining notice.
in such district, and fix the rates to be charged
by such paper; aud, to the end that the Commits
sioNGr may be folly 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, to
Ecther with all fees and money paid the Resistc
| and Receiver OF the land-Ufiice, which statemen
shall b. transmitted, with the papers in tn
case, 10 the Commissioner Of the General Land
Office. Tho fees OF the Register and the Re
cticcr shall be FIVE dollars each for filing an,
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed 10y law for reducing test
muny 10 writing when done in Land Office sucl
fees and allowances TO be paid by the respectiy
parties, and no other fees shall be charged b,
them in such cases. Nothing in his act shall b
II tl,a oh, 9 H.,
party in regard to any property in controversy a
the time OF the passage OF this act or of the ac
entitled can act granting the right of way t.
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1856
nor snail 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 affect tn
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 ex
plOriug tunnel to the Comstock Lode in tn
State OF Nevada, approved July 25lh, 1866
SEC II. That all at1idavits required to b.
made under this act, or the act to which it i
| ameudatOTy, may be verified before any office
authorized to administer oaths within the Ian,
district where the claims may be situated, an,
all testimony and proofs may be taken befor
any such officer, and, when duly certified by In
officer taking the same shall have the same fore
and effect as If taken before the Register an,
Receiver of the Land Office. In cases Of contes
as 10 inc mineral or agricultural character o
land, the testimony and proofs may be taken Il
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 tue Register of the Land Office Al
published nearest the location OF such land; enc
the Register shall require proof that such motto,
has been given.
SEC. IA That where two or more veins inter
sect or cross each other, priority of title shal
govern, and such prior location shall be entitled
to all ore or mineral contained within the spac,
Of Intersection: Provided, however, That tn,
subsequent location shall have the RIGHT of wa,
through said space Of intersection for the pur
possesses of the convenient working of the saiG
mine; And provided ALSO That where two OF
more veins unite, the Oldest or prior location
shall take the vein below the point of union, in
Guiding all the space of intersection
SEC. Is. That where non-mineral land no,
contiguous to the vein or lode is used or occu
pied by the proprietor of such vein or lode 70,
mining or milling purposes, such nom adjacent
surface ground may be embraced and included
in an application for patent for such vein O,
lode, and the same may be patented Herewith
subject to the same preliminary requirements
as to survey and notice as are applicable under
this act to veins or iodes: Provided, That nc
location hereafter made of such non-adiaceni
land shall exceed five acres, and payment fol
the same must be made at the same rate as fixed
by this act for the superticies of the lode The
owner of quartz mill or reduction works, no,
owning a mine in connection Herewith NAV
also receive patent for his mill-site. as provi.