Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-21

by the Surveyor-General. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner Of the Land Office as in the
preceding case, and patents shall issue to the
several parties according 10 their respective
rights. Proof of citizenship under this act or
the act Of July 28th 1866, and July g. 1870 in the
case Of an individual, may consist in his own
affidavit thereof, and in case OF association Of
persons unincorpOra'ed Of the affidavit Of their
authorized agent, made on his own knowledge or
upon information and belief, and in case OF q
| corporation organized under the laws Of the
United States, or of any State Territory Of the
United States. by the filing 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 a
] patent for a mining claim to any person what
| ever.
| SEC g. 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 patent shall be
| issued as aforesaid for claims upon unsur-
yeyed lands. the Surveyor Central in extending
| the surveys, shall adjust the same to the boun-
daries of such patented claims. according TO the
plat or description thereof, but as in no case
to interfere with or change the location of any
such patented claim.
SIC g. That sections one, two. three. four and
six. of an act entitled An Act granting the right
! of way to ditch and canal owners overthe public
| lands, and for other purposes. approved July
I ~
are hereby repealed, but such repeal shall not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
Uffice; hut in such cases where adverse rights
| are not affected tn reby, 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-siAth eighteen
hundred and siXty-siZ, shall convey all the rights
I and privileges conferred by this act where no
I I'D q ps q az hp Dt
[ 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 pubic lands, and for
! 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 or plat shall be required, and
all placer mining claims hereafter located shall
conform as near as practicable with the United
States system of pnblic 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
unsurvey lands: Provided, That proceedings
now pending may be prosecuted to their final
I determination under existing laws; but the pro.
visions of this act when not in conflict with ex.
I 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 qualified by
/ law for homestead or presumption purposes.
SEC. II. That where the same person, associa
ton or corporation in possession of a placer.
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement hat il 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 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 this
payment Of five dollars per acre for such vein Of
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 where vein o,
lode. such as described in the second section o.
this act, is known to exist within the boundarie,
Of a plBccr-claim. an application for patent fol
such plaCer-claim, which does not include an q
I plCatiOn for the vein or lode claim, shall b,
. construed as a conclusive declaration that tn,
ella mant Of the placer-claim has no right OF pos
+ session Of the vein or lode claim; but where thu
tAlhltilNt OF VEN or IOlt III no
known, patent for the placer-clam shall conve,
I all valuable mineral and other deposits within
{ III boundaries thereof.
SEC. IL That the Surveyor General of tn,
United States may appoint in each land distric
containing mineral lands 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 INTO smaller quantitie
than one hundred and sixty acres. together wit
the cost nuiIirytipu q notices shall bp mid n
theappliCans, and they shall be at liberty to oil
tain the same at the most reasonable rates, an
they slall also be at liberty to employ any Unite
States Deputy Surveyor to make the survey
The Commissioner of the General Land Offic
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 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,
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, tt
gether with all fees and money paid the Resiste
and Receiver OF the land-office which statemeI
shall be transmitted, with the papers in tn
case. to the Commissioner of the General Lane
Office The fees of the Register and the II,
ceiver shall be five dollars each for filing an
acting upon each application for patent or az
verse claim filed, and they shall be allowed Ii
amount fixed by law for reducing test
, mOny to writing, when done in Land Office. sue
fees and allowances to be paid by the respectiy
parties; aud no other fees shall be charged b
, 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 OF the passage of this act, of the AZ
entitled IAN act granting the right of way
ditch and canal owners over the public land
, and for other purposes" approved July &C. 1866
nor shall this act affect any right acquired undo
said act; and Dothing in this act shall be col
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
ploring tunnel to the Comstock Lode, in II
State of Nevada" approved July % h, 1866.
SEC 10. That all aflidayits required to
made under this act, or the act to which it
amendatOry, 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 befoI
any such officer, and, when duly certified by ii
officer taking the same, shall have the same fore
and effect as il taken before the Register an
Receiver Of the Land Office. In cases of contel
as to the mineral or agricultural character
land, 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 leai
once week for thirty days in n newspaper, to
|
published nearest the location of such land; an
the Register shall require proof that such motto
has been given.
SEC. IA That where two or more veins inte
sect or cross each other, priority of title sha
govern, and such prior location shall be entitle
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 pu
possess Of the convenient working Of the sal
nline And provided also, That where two c
more veins unite, the Oldest or prior locatio
shall take the vein below the point of union IL
Guiding all the space ofintersection.
SEC. Is That where non-mineral land nc
contiguous to the vein or lode is used or occr
pied by the proprietor Of such vein or lode &c
mining or milling purposes, such non-adj acen
surface ground may be embraced and include
in an application for patent for such vein Q
lode, and the same may be patented Herewith
subject to the same preliminary Requirement,
as to survey and notice as are applicable unde
this act to veins or lodes: Provided, That n
location hereafter made of such non-adjacer
land shall exceed five acres, and payment fo
the same must be made at the same rate as fixe
by this act for the superfcies Of the lode. Tn
owner Of a quartz mill or reduction works, nc
owning o mine in connection Herewith ma
also receive patent for his mill site. as prov
| N