Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-21

sv for ms norton Of the claim with the prop
! foes. and file the certificate and Description
) the surveyor-Genersl, vhereupon the register
hall certify the proceedings and iudgment-roil
! the Commissioner ofthe Land Once, as in the
rereding case, and patents shall issue 10 the
syerrl PARTIES according 10 their respective
iehfs Proof Of citizenship under this act, OF
he act Of July 2Gth ls56. and July p lsIo, In the
ase Of an individual. may consist IN his OVID
fidayit thereof, and in case of an ASSOCIATION OF
,ersous unincorp0rAted Of the affidavit OF TIER
uthorized agent made on his own knowledge OF
lpon information and belief, and IN case OF
corporation organized under the laws oil the
rnited states on Of any State or Territory Of the
United states by the Ming Of a certified copy OF
heir charter or certificate Of incorporation; and
Nothing herein contained shall be construed 10
prevent the alienation Of the title conveyed oy
patent for a mining claim TO any person Nhs''
ever.
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
Of the public surveys, but need MOI CONFORM
Herewith: but where patent snail pe
issued as aforesaid for claims upon unsur-
viewed lands. the surveyor General in extending |
the SURVEYS shall adjust the same to the boui- |
daries Of such patented claims, according 10 the
plAt or description thereof, but so as in no case
10 interfere with OF change the location oil any
such patented claim. ,,
six Of an act entitled An Act granting the right
Of way to ditch and canal owners overt rupnc
lands, and for other purposes, approved jury
twenty-sixth. eighteen hundred and sixty SIX
are hereby repealed, but such repeal snail not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to a final decision in the General Lana
Once but in such cases where adverse risnts
are not affected thereby, patents may issue IN
pursuance Of the provisions OF TINS act ana az
patents for mining claims heretofore issued
under the act of July twenty-si1th, eighteen
hundred and 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.
amend an act granting the right OF way to ditch
and canal owners over the public lands, and foi
other purposes approved July ninth, eighteen
! hundred and seventy, shall be and remain III
full force except as to the proceedings 10 OBTAIN
! n pstent which shall be similar TO the proceed
iurs urescribed by sections six and seven OF this
act for obtaining patents to vein OF lode claims
/ but where said placer-claims shall be upon sur
ycyed lands. and conform to legal supdlNlsiohs,
no further survey or plat shall be required, ana
all placer mining claims hereafter located shall
conform near as practicable with the Ihlteo
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-cluims cannot be conformed to legal sub
! division. survey and plat shall be made as on
unsurveyt lands: Provided, That proceedings
now pending msy be prosecuted to their mai
determination under existing laws; but the pro
visions of this act, when not in CONNECT win eh
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 qualihed d!
law, for homestead or presumption purposes
~ hat al he nprSOn.
ton or corporation in possession of placer
claim and also vein or lode included within
the boundaries thereof, application shall b.
made for patent for the placerclaim, with TN
statement that it includes such vein or lode, AM
in such case subject to the provisions OF thi
act and the act entitled "An act to amend an &c
granting the right of way TO ditch and cana
owners over the public lands, and for other pur
poses, approved July ninth, eighteen hundre
and seventy patent shall issue for the placer
claim, including such vein or lode, upon I'll
payment of five dollars per acre for such vein G
lode claim, and twenty five feet of surface o
, each side thereof The remainder OF the placer
claim, or any placer claim not embracing All
vein or lode claim. shall be paid for at the rat
Of two dollars and fifty cents per acre, togethe
with all costs of proceedings; and where avein {
lode such as described in the second section {
this act is known to exist within the boundarit
Of placer-claim, an application for patent it
such placer-c lain, which does not include an al
construed as u conclusive declaration that III
ella mant of thu placerclaim has no right of POI
/ session Of the vein or lode claim; but where III
existence of n vein or lode in placer-claim is NJ
known, apatent for the placer-claim shall conve
all valuable mineral and other deposits With
b tn boundaries thereof.
e SEC. IL That the Surveyor-Geueral Of IL
l. United States may appoint in each land distri
o containing mineral lands as many competel
@ surveyors as shall apply for appointment to su
of ba my.
s Of vein or lode claims, and the survey ald su
# division of placer claims into smaller quantit
e than one hundred and sixty acres, together vii
the cost of publication of notices shall be paid
n the applicants, and they shall be at liberty to
Il tain the same Mt the most reasonable rates, al
y they shall also be at liberty employ any Unit,
= States Deputy Surveyor to make the surve
re The Commissioner of the General Land-Oth
d shall also have power to establish the maximu
n charges for surveys and publication of motto
II under this act; and, in case of excessive charg
is for publication, he may designate any newspap
III published in land district where mines Il
lie situated, for the publication of mining motto
et in such district. and fix the rates to be charg
III by such paper and to the end that the Comm
ns sioner may be fully informed on the subjet
be each applicant shall file with the Register
to sworn statement Of all charges and fees paid
ne said applicant tor publication and surveys,
en- gether with all fees and money paid the Resist
IA and Receiver of the office, which stateme
d.
RS, case. to the Commissioner of the General LaI
re- Office The fees of the Register and the l
ire ceiver shall be FIVE dollars each for filing a
Of acting upon each application for patent or
mis- verse claim filed, and they shall be allowed
Ct amount fixed by law for reducing tel
or mony to writing, when done in Land Office, su
on fees and allowances to be paid by the respect
er- parties; and no other fees shall be charged
on them in such cases. Nothing in this act shall
IN, construed to enlarge or affect the rights of eit
at party in regard to any property in controversy
in the time OF the passage of this act or Of the
aid entitled IAN act granting the right of way
TO ditch and canal owners over the public Ian
i'm and for other purposes" approved July &c, Ii
'ho nor shall this act affect any right acquired un
said act; and nothing in this act shall be C
ned strued to repeal impair, or in any way affect
OBJ. provisions Of the act entitled IAN act grant
on to A. Sutro the right of way and other privile
e 4 to aid in the construction of draining and
ted ploring tunnel to the Comstock Lode in
or State of Nevada approved July 25th, 1866.
lay SEC IS. That all aflidavits required to
u made under this act, or the act to which it
zee, amendatory may be verified before any Off
lin authorized to administer oaths within the l.
di- district where the claims may be situated
raj, all testimony and proofs may be taken Def
lin any such officer, and, when duly certified by
by officer taking the same, shall have the same 70
lpy and effect II taken before the Register ;
lch Receiver OF the Land Office In cases Of cont
Gu as to the mineral or agricultural character
IRE lBnd, the testimony and proofs may be taken
)at- herein provided, on personal notice of at lie
Two ten days to the opposing party; or if said pa
as cannot be found, then by publication of at lie
e in once week for thirty days in newspaper, To
lied designated by the Register of the Land Offc,
ow. published nearest the location of such land;
the the Register shall require proof that such not
no. has been given.
hat SEC. IA. That where two or more veins in
tod sect or cross each other, priority of title 81
sig govern. and such prior location shall be EMIT
he to all bre or mineral contained within the 81
the Of intersection: Provided, however, That
ling subsequent location shall have the right of
it'll through said space Of intersection for the ,
With possesses Of the convenient working OF the
ates mine: And provided also, That where tive
lars more veins unite, the Oldest or prior loca
Dve- shall take the vein below the point of union
ran. Guiding all the space of intersection.
her SEC. Ii. That where non-mineral land
ects contiguous to the vein or lode is used or o
the pied by the proprietor of such vein or lodi
0 be mining or milling purposes, such non-adja
n of surface ground may be embraced and incl,
hall in an application for patent for such vel
no. lode, and the same may be patented therev
e on subject to the same preliminary requirenl
II as to survey and notice as are applicable Vi
the this act to veins or lodes: Provided Tn,
flee location hereafter made of such non-adja
ton land shall exceed five acres, and paymen
tied the same must be made at the same rate as
of by this act for the superfcies of the lode
erse owner Of quartz mill or reduction works
rom owning q mine in connection Herewith,