Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-12

preceding case, ana patents snail ISSUE 10 the
several parties according to their respective
rights. Proof Of citizenship under this act, or
the act Of July 26th 1866 and July O. 1870, in the
case Of an individual may consist in his own
affidavit thereof, and in case of an association OF
persons unincorporated Of the affidavit Of their
authorized agent, made On his own knowledge or
upon Information and belief, and in case Of
CORPORATION organized under the laws Of the
United States, Of any State or 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
patent for mining claim to any person what
ever
SIC. z. 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 General in extending
the surveys, shall adjust the same to the boun-
daries of such patented claims. according to the
plat or description thereof, but SO as in no case
to interfere with or change the 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-si1,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to q 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-sixth, eighteen
hundred and sixtysiX 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. 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 remain in
full force. except 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 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
placcr-Claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyfd lands: Provided, That proceedings
now pending NAY be prosecuted to their final
determination under existing laws; but the pro-
visions Of this act, when not in conflict with eN
isting laws, shall apply to such cases: And pro
yidcd 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.
SIC. II. That where the same person, associa-
ton or corporation in possession of q placer
claim, and also q vein or lode included within
the boundaries thereof, application shall be
made FOR patent for the plHcer-claim, with the
statement that 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 to ditch and canal
owners over the public lands, and for other pur-
poses; approved July ninth, eighteen hundred
snd seventy patent shall issue for the placer
claim, including such vein or lode, upon the
payment Of FIVE dollars per acre for such vein or
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 all costs of proceedings; and where vein or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
Of u placer-claim, an application for patent for
such placer-claim which does not include an ap-
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant of the pacer-claim has no right of pos
session Of the vein or lode claim; but where the
existence of q vein lode in placerclaim is not
known, apGtent for the placer claim shall convey
/ all valuable mineral and other deposits within
tn. boundaries thereof.
SEC. L. That the Surveyor-General OF the
/ United States mny appoint in each land district
containing mineral lands as many competen
survey ors as shall apply for appointment to sur
vcy mining claims. The expenses of the surve,
of vein or lode claims. and the survey and sub
division OF placer claims into smaller quantities
than one hundred and sixty acres, together witt
the cost publication Of notices, shall be paid by
| the applicants and they shall be at liberty to oh
| tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any United
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 Commits
sioner may he 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, &c
gether with all fees and money paid the Resiste
and Receiver of the lgnd-ofiice, which statemer
shall be transmitted, with the papers in til
case, to the Commissioner of the General Lane
Office. The fees of the Register and the RI
ceivcr shall be five dollars each for filing an
acting upon each application for patent or az
verse claim illcd, and they shall be allowed I'll
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respect,
parties; and no other fees shall be 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 OF the passage of this act, or of the a.
| entitled IAN ect granting the right of way
ditch and canal owners over the public land
l and for other purposes" approved July 26. 1856
, nor shall this act affect any right acquired und
said act; aud nothing in this act shall be CO..
strucd TO repeal impair, or in any way affect Il
: provisions Of the act entitled IAN act grantiI
. TO A. Sutro the right of way and other prvileg
a to aid in the construction of draining and G,
ploring tunnel to the Comstock Lode, in Il
r State OF Nevada" approved July 25th, 1866.
V SIC l3. That all afidavits required to
a made under this act or the act to which it
, amendatury, may be verified before any offe
a authorized to administer oaths within the lal
/. district where the claims may be situated, al
all testimony and proofs may be taken befo
a any such officer, and, when duly certified by t.
officer taking the same, shall have the same for
! and effect as II taken before the Register al
4 Receiver Of the Land Office. In cases Of conte
as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided, on personal notice of at lea
D ten days TO the opposing party; or if said par
$ cannot be found, then by publication of at lea
a once week for thirty days in a newspaper to
4 designated by the Register of the Land Office
: published nearest the location of such land a.
e the Register shall require proof that such mott
: has been given.
I SEQ. IA. mat where TWO or more VEINS int,
sect or cross each other, priority of title sh,
/. govern and such prior location shall be entitl
G to all ore or mineral contained within the spa
e of intersection: Provided, however That (
q subsequent location shall have the right of W
i through said space of intersection for the p,
1 possesses of the convenient working of the 50
8 mine: And provided also, That where two
3 more veins unite, the Oldest or prior locati
: shall take the vein below the point of union
/. Guiding all the space of intersection.
r SEC. Is. That where non-mineral land 1
8 contiguous to the vein or lode is used or occ
e pied by the proprietor of such vein or lode I
e mining or milling purposes, such non-ad jace
{ surface ground may be embraced and includ
! in an application for patent for such vein
. lode, and the same may be patented therewit
n | subject to the same preliminary requirenler
( as to survey and notice as are applicable und
6 this act to veins or lodes: Provided, That
G location hereafter made of such non-adja lace
n land shall exceed five acres, and payment
d the same must be made at the same rate as fix
|. by this act for the superfcies of the lode II
e owner Of q quartz mill or reduction works, n
a owning mine in connection Herewith. IN
Q also receive patent for his mill-site as pro
s ded in this section.
SEC. 16. That all acts and parts of acts incc
e sstent herewith are hereby repealed: Provide
e That nothing contained in this act shall be &C
0 strued to impair, in any way, rights or interei
in mining property acquired under existing Law
Approved May 10, 1872.
CHAP. CCXIV.-An Act to amend an Act entitl
An Act to promote the Development Of t