Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-03

shall certify the proceedings and ludgmenf-roll 1
20 the Commissioner ofthe Land Office, as in the |
preceding case. and patents shall issue TO the |
several parties according TO their respective 1
rights Proof Of citizenship under this act, or !
the act Of July 26th 1850, and July g. 1870, in the
case Of an individual. may consist IN his own
affidavit thereof and in case of an association VI
persons uuincorporated 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 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 alienstion Of the title conveyed by
patent for mining claim 10 any person what I
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
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boan-
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.
SEC 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 oyerthe public
lands and for other purposes approved July
twenty-siNth. eighteen hundred and sixty-six.
are hereby repealed, but such repeal shall not
affect existing rights. AppDcAtlOns 1Or patents
for mining claims now pending may be prose
cuted to q inal 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 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.
SEC. To- 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
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 IS 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
placer-claims cannot be confUrmed 10 legal sub
division, survey and plat shall be made as on
unsuTyey6d 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
I NlleQ also, mat where Dy the stBbfe CATION 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 that it includes such vein or lode, and
{ in Suth fGuhlHpf 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 ayein or
/ lode such as described i'll the second section Of
! this act is known to exist within the boundaries
of a placer-claim, an application for patent for
such plaCer-C lain, which does not include an ap.
! plication for the vein or lode claim, shall be
/ construed conclusive declaration that the
ella mant Of the piacer-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
tn boundaries thereof.
SEC IL That the Surveyor General Of the
United States may appoint in each land district
, containing mineral lands as many competent
surveyors as shall apply for appointment to sur
, voy mining claims The expenses of the survey
of vein or lode claims, and the survey and su b.
divsiOl of placer claims into smaller quantities
, than one hundred and sixty acres, together with
the cost OF publication of notices shall be paid by
theapplcants. and they shall be atliberty to OBJ
tain the same at the most reasonable rates, and
they shall also be at liberty 10 ulOy United
States Deputy Surveyor to make the survey
, The Commissioner of the General Land Office
shall also have power to establish the maximum
charges for surveys and publication of notices
under this act and. in case Of excessive charges
, for publication, he may designate any newspaper
published in land district where mines are
, situated, for the publication of mining notices
in such district, and fix the rates to be charged
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
D sworn statement Of all charges and fees paid b,
e said applicant for publication and surveys to
, gcther with all fees and money paid the Resiste
+. and Receiver of the land-otice, which statemen
shall be transmitted, with the papers in th,
. case to the Commissioner Of the General Land
!. ! Office. The fees of the Register and the Re
@ ceiver shall be five dollars each for filing an,
+ acting upon each application for patent or ad
5 verse claim filed and they shall be allowed tn
amount fixed by law for reducing testi
p mony to writing when done in Land Office, suCl
n lees ana allowances 10 ne PAD Dy the ftSpeCtiV
:, parties: and no other fees shall be charged b,
n them in such cases. Nothing in this act shall b
. construed to enlarge or affect the rights of eithe
t party in regard to any property in controversy
n the time of the passage of this act or OF the &C
d entitled IAN act granting the right of way +
n ditch and canal owners over the public lands
n and for other purposes" approved July &c, 1856
o shall this act affect any right acquired unde
said act; and nothing in this act shall be con
strued to repeal impair, or in any way affect tn
/ of or entitled ora in
/. to A. Sutro the right of way and other privilege
A to aid in the construction Of draining and ex
d ploring tunnel TO the Comstock Lode, in tn
r State OF Nevada, approved July 25th, 1866.
v SEC. IS. That all afidavts required to b
n made under this act, or the act to which il i
:, amendatory, may be verified before any Office
n authorized to administer oaths within the Ian
/. district where the claims may be situated, an
. all testimony and proofs may be taken befor
n any such officer, and, when duly certified by tn
officer taking the same. shall have the same fore
v and effect as il taken before the Register al
h Receiver of the Land Office. In cases of contes
l. as to the mineral or agricultural character c
l. | land, the testimony and proofs may be taken q
= herein provided on personal notice of at leas
n ten days to the opposing party; or if said part
s cannot be found, then by publication of at leas
n once week for thirty days in newspaper, to b
A | designated by the Register Of the Land Office q
. published nearest the location of such land an
e the Register shall require proof that such motto
+. has been given
[ SEC. IA. That where two or more veins intel
/ sect or cross each other, priority of title sha
. govern, and such prior location shall be entitle
q to all ore or mineral contained within the spac
e Of intersection: Provided, however, That tn
o subsequent location shall have the right of wa
i. through said space of intersection for the pun
b possesses of the convenient working of the sal
. mine And provided also, That where two c
8 more veins unite, the oldest or prior locatio
>, shall take the vein below the point of union il
l. Guiding all the space of intersection.
r SEC. Is. That where non-mineral land nc
a contiguous to the vein or lode is used or occr
e pied by the proprietor Of such vein lode fo
,e mining milling purposes, such non-adja cer
If surface ground may be embraced and include
II in an application for patent for such vein c
}. lode, and the same may be patented therewtl
n subject to the same preliminary requirement
II as to survey and notice as are applicable unde
a this act to veins or lodes Provided, That n
a location hereafter made Of such non-adjacer
n land shall exceed five acres, and payment fc
d the same must be made at the same rate as fxe
f. by this act for the superficies of the lode. Tn
e owner of quartz mill or reduction works, nc
n owning mine in connection Herewith ma
,e also receive patent for his mill-sie as prov
IS ded in this section.
SEC. 16. That all acts and parts of acts ncoi
,e sistent herewith are hereby repealed: PROVIDED
,e That nothing contained in this act shall be cor
QA-t tod