Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-24

several parties according 10 their respective
rights. Proof OF citizenship under this act, or
the act Of July 25th 1866, and July Q, 1870 in the
case of an individual, may consist in his own
affidavit thereof. and in case OF an association of
persons uuincurporated Of the affidavit of their
authorized agent, made On his own knowledge or
upon information and belief, and in case of a
corporation organized under the laws OF the
United States or OF any State or Territory of the
United States, by the filing of a certified copy Of
their charter or certificate of incorporation; and
nothing herein contained shall lie construed to
prevent the alienation Of the title conveyed by
patent for 4 mining claim to any person what
ever.
SEC. s. That the description Of vein or lode
claims upon 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 patent shall be
issued as aforesaid for claims upon uns,lr-
yeyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
daries Of such patented clsims, according 10 the
plat or description thereof, but as in no case
to interfere with or change tho location of any
such patented claim.
SIC. 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 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are hereby repealed, but such repeal shall not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 q final decision in the General Land
Uffice but in such cases where adverse rights
are not affected tn reby, patents msy issue IN
pursuance OF the provisions Of this act; and all
puteuts 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 exit at 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 to ditch
and canal owners over the public lands, and for
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remsin 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
veyed lands, ana conform to legal subdivisions,
no further survey or plat shall be required, and
all placer miuing claims hereafter located shall
conform rs near as practicable with the United
States system OF public land surveys aud the
rectangular subdivisions Of such surveys, and
no such location shall include more than twenty
acres for each individual claimant. but where
plarer-c!aims cannot be conformed to legal sub
division. survey and plat shall be made as on
uusuTvey 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 cas's And pro-
yiled also, That 'vher- by the segregation of
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 prescription purposes.
SEC IL. That where the same person, associa-
tion or corporation in possession OF 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 that it includes such vein or lode, and
in such case tsubject to the provisions of this
aud ha omit la1s or M af
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 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 be paid for at the rate
Of two dollars and fifty cents per acre, together
with ali costs Of proceedings; and where vein OIL
lode such rs described in the second section Of
this act, is known to exist within the boundare,
Of placer-claim, an application for patent fol
such placer-clRIm, which does not include an ap
pHcltiun for the vein or lode claim, shall bt
construed rs 4 conclusive declaration that tn,
ella mant of thG placer-claim has no right o pos
session OF the vein or lode claim; but where the
existence Of a Vein or lode in placer.cl is no
known, apatcnt Tor the placer-claim shall conve,
all valuable mineral and other deposits within
III boundaries thereof,
/ SEC II That the Surveyor General of tn,
/ United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to SUI
vey mining claims. The expenses of the surve
of vein or lode claims, and the survey and sui
divisiO Of placer claims nto smaller quantitie
than one hundred and sixty acres, together witt
the cost of publication of notices, shall be paid b.
the applicants, and they shall be atliberty to oh
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 Oflic
. 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 ne wspape
I 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 Commi.
siouor may be folly informed on the subject
each applicant shall file with the Register
sworn statement Of ali charges and fees paid b
said applicant for publication and surveys, t
gether with all fees and money paid the Resiste
and Receiver of the land-ofiice, which statemer
shall BE- transmitted, with the papers in III
case TO the Commissioner of the General Lane
Office. The fees OF the Register and the II,
Ceivtr shall be five dollars each for filing an
acting upon each application for patent or az
verse claim fled, aud they shall be allowed II
amount fixed by law for reducing test
muny to writing, when done in Land Office, sue
fees and allowances to be paid by the respect,
parties; and no other fees shall he charged /
them in such cases Nothing in this act shall
construed To enlarge or affect the rights of eitht
party in regard to any property in controversy
the time oi the passage OF this act, or Of the az
entitled "Au act granting the right of way
ditch and canal owners over the public land
and for other purposes" approved July 90, 1856
nor shall this act affect any right acquired ind,
said act and nothing in this act shall be col
strued TO repeal impair, or in any way affect II
provisions of the act entitled AN act granti
to A. Sutro the right Of way and other privileg,
to aid in the construction of a draining and q,
ploring tunnel to the Comstock Lode, in Il
State OF Nevada, approved July % h. 1866.
SEC. IL. That all aflidavits required to |
made under this act, or the act to which it
ameudat0ry. may be verified before any olfic,
authorized TO administer oaths within the I'm
district where the claims may be situated an
all testimony and proofs may be taken befol
any such officer, and, when duly certified by Il
officer taking the same, shall have the same fort
and effect as IL taken before the Il, gister an
Receiver of the Land Office. In cases of conte
as to the mineral or agricultural character
lend, the testimony and proofs may be taken
| herein provided, on personal notice Of at lea
ten days to the opposing party; or If said part
cannot be found then by publication of at lea
once week for thirty days in newspaper, to /
designated by the Register of the Land Office
published nearest the location Of such land; al
the Register shall require proof that sucn mott,
has been given.
SEC. IA. That where two or more veins int
sect or cross each other, priority Of title sha
govern, and such prior location shall be entitls
| to all ore or mineral contained within the spa,
| Of intersection Provided, however That Il
| subsequent location shall have the right OF W,
through said space Of intersection for the pu
possesses of the convenient working of the sa
mine: And provided also, That where two
more veins unite, the old st or prior locatio
shall take the vein below the point OF union, Ii
Guiding all the space ofintersection.
SEC. Is. That where non mineral land n,
contiguous to the vein or lode is used or occ-
pied by the proprietor of such vein or lode 4,
mining or milling purposes, such non adjacei
surface ground may be embraced and include
in an application for patent for such vein
lode, and the same may be patented therewitl
subject to the same preliminary Requirement
as to survey and notice as are applicable und,
this act to veins or lodes: Provided, That I
location hereafter made Of such non-adjacei
land shall exceed five acres, and payment 4,
the same must be made at the same rate as fixe
by this act for the superfcies Of the lode. II
owner of a quartz mill or reduction works, n,
owning a mine in connection Herewith, ma
also receive patent for his mill-site, as prov
ded in this section.
SEC. 16. That all acts and parts of acts ncol
sistent herewith are hereby repealed Provide,
That nothing contained in this act shall be co,
strued to impair, in any way, rights OF interes
in mining property acquired under existing law
! Approved MAY 10, 1872