Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-15

ifierent portions of the claim. each party may
xy for his portion Of the claim. with the prop
7 fees. and file the certificate and description
" the snryeyor-General. whereupon the register
hall certify the proceedings and iudgment-roll
o the Commissioner ofthe Land Once. a. in the
preceding case, and patents shall Issue to the
cyersl parties according to their respective
tights. Proof Of citizenship under this act, or
he act of July 26th lso6, and July ., 1870 in the
'ase Of an Individual, may consist in his own
.fidayit thereof. and in case ofsn association OF
,ersons ,mincorporsted Of the affidavit Of their
authorized agent, made on his own knowledge or
ipon 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 a certifed copy OF
heir charter or certificate Of incorporation; and
Nothing herein contained shall be construed TO
prevent the alienation Of the title conveyed by a
patent for mining claim TO any person what
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 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 bonn
daries of such patented claims. according to the
plat or description thereof, but so as in ne case
to interfere with or change the location OF any
such patented claim.
y.
Fix of an act entitled An Act granting the right
of way to ditch and canal owners overthe public
lands and for ether purposes, approved July
twenty-sixth. eighteen hundred and sixfy-six.
are hereby repealed. but such repeal shall moi
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
&c Tor ,,frnsp claims hpratOfOTp
under the act of July twenty-sixth, eighteen
hundred and sxty-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. 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 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 plscer-claims shall be upon sur
veyed lands and conform to legal Subdivisions,
all placer mining claims hereafter located shall
conform as near a. 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
division, survey and plat shall be made ss on
unsurveysd 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-
vided also. That where by the aggregation 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
<,r HON Apr r,ra-
SEC. IL. That where the same person, associa-
tion or corporation in possession OF placer
claim, and also q vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim. with the
statement that ii 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 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 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 avein or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
Of placer-clam, an application for patent for
kucl llaCer-Clalul, WHICH uots uOt luCluut AL dp-
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant of the placer-claim has no right of pos.
session Of the vein or lode claim; but where the
existence of vein or lode IN placerclaim is not
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
thu boundaries thereof.
SEC. u That the Surveyor General Of the
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
vey mining claims. The expenses of the surve,
of vein or lode claims, and the survey and sub
division of placer claims into 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 at liberty to OBJ
tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any Unitet
States Deputy Surveyor to make the survey
The Commissioner Of the General Land Ofic,
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 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, t.
| gether with all fees and money paid the Resiste
and Receiver Of the land-offce, which statemer
| shall be transmitted, with the papers in tn
case. to the Commissioner Of the General Lane
| Office. The fees of the Register and the r,
| ceiver shall be five dollars each for filing an
acting upon each application for patent or az
verse claim fled, and they shall be allowed Il
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 eth,
party in regard to any property in controversy
the time of the passage of this act, or of the q
entitled IAN act granting the right Of way
ditch and canal owners over the public land
and for other purposes" approved July 26, 1876
nor shall this act affect any right acquired und
said act; and nothing in this act shall be col
strued to repeal, impair, or In any way AFFECT Il
provisions Of the act entitled can act grantil
to A. sutro the right Of way and other pfivileg
! to aid In the construction of draining and e.
ploring tunnel to the Comstock Lode, in Il
: State of Nevada" approved July 26,h, 1895;
! made under this act, or the act to which 1t
/, amendatory, may be verified before any ONO
j authorized to administer oaths within the la
district where the claims may be situated, q
all testimony and proofs may be taken befo
any such ofacer, and, when duly certified by I
: officer taking the same. shall have the same FOL
and effect as II taken before the Register .
Receiver Of the Land Office. In cases Of cont,
as to the mineral or agricultural character
land, the testimony and proofs may be taken
: herein provided, on personal notice of at LEI
, ten days to the opposing party; or II said PAL
5 cannot be found, then BY publication OF At le
4 once week for thirty days In newspaper, to
1 designated by the Register Of the Land ONCE
published nearest the location Of such land; d
0 the Register shall require proof that such not
;. has been given.
I SEC. II. That where two or more veins int
sect or cross each other, priority of title Oh
! govern, and such prior location shall be EMIT
Q to all ore or mineral contained within the 3D.
Q Of intersection: Provided, however, That
q subsequent location shall have the right Of '
: through said space Of Intersection for the p
possesses Of the convenient working Of the 9
: mine: And provided also That where two
9 more veins unite, the oldest or prior locat
!. shall take the vein below the point of union,
i. GLIDING all the space oftntersection.
T SEQ. 10. That where non-mtneral land
9 contiguous to the vein or lode Is used or oc
Q pied by the proprietor Of such vein or lode
Q mining or milling purposes, such non-adjac,
surface ground may be embraced and inclut
In an application for patent for such vein
. lode, and the same may be patented therewi
q subject to the same preliminary rcquirene
I as to survey and notice as are applicable uni
Q this act to veins or lodes: Provided, That
. location hereafter made Of such non-adjac,
b land shall exceed i've acres, and payment
the same must be made at the same rate q a,
|. by this act for the superhcies Of the lode. I
Q owner Of . quartz mill or reduction works,
q owning . mine In connection Herewith, n
g also receive q patent for his mill site a. pro