Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-08

pay for his portion OF the claim, with the prop
er fces, and file the certificate and description
by the Suryeyur-Ci General, vhereupon the register
shall certify the proceedings and judgment-roll
TO the Commissioner the Land Office, as in the
preceding case, and patents shall issue TO the
several parties according to their respective /
rights Proof of citizenship under this act, or l
the act Of July Goth 1866, and July 0, 1870, in the
case of an individual, may consist in his own I
AFFIDAVIT thereof, and in case OF an association Of
persons uuincorp0Fa'od of the affidavit OF their I
authorized agent, made on his own knowledge or /
upon information and belief, and in case of = 1
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 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, 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 boun-
diaries of such patented claims, according 10 the
plat or description thereof. but 20 as in no case
to interfere with or change the location of any
such patented claim.
SEC. 9. 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
twonty-siXth, eighteen hundred and slxty-siA
are hereby repealed, but such repeal shall not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
OfiiCc 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-sx shall convey all the rights
and privileges conferred by this act where no
adverse rights exist ut 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 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 pracucable 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-clams cannot be contormed TO legal sub
! division, survey and plat shall be made as on
unsurvey,d 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 e1-
| listing laws, shall apply to such cases: And pro:
| vided also, That where by the segregation OF
| mineral land in any legal subdivision a quantity
! Of agricultural land less than forty acres re.
| mains, said fractional portion of agricultural
! land may be entered by any party qualihed 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 d vein or lode included within
the boundaries thereof, application shall be
made for patent for the plaeer-claim, with the
statement that it 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 10 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 plHCer-caim, IN application for patent for
| such plaCer-claim, which does not include an ap-
| plication for the vein or lode claim, shall be
! construed conclusive declaration that the
ella mant of the placer-claim has no right o ( pos
session Of the vein or lode claim; but where the
existence of vein lode in placer. claim is not
! known patent for the placer.claim shall convey
! all valuable mineral and other deposits within
! tn boundaries thereof
| SEC. II 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
vey mining claims. The expenses of the survey
of vein or lode claims and the survey and sub.
divisio of placer claims INTO smaller quantities
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid by
the applicants and they shall be at liberty to OBJ
tain the same at the most reasonable rates, and
they shall also be at liberty to employ any 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 "A 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
sworn statement of all charges and fees paid by
said applicant for publication and surveys, to
gether with all fees and money paid the Resiste
and Receiver Of the land-offce, which statemen
shall be transmitted, with the papers in tn
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
, verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
. mony to writing, when done in Land Office, sucl
! fees and allowances to be paid by the respectiv
parties; and no other fees shall be charged b.
, them In such cases. Nothing in this act shall b
construed TO enlarge affect the rights of eithe
party in regard to any property in controversy a
the time OF the passage of this act, OF the &C
entitled "An act granting the right of way t
, ditch and canal owners over the public lands
4 and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired unde
said act and nothing in this act shall be cor
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
a to aid in the construction of draining and eS
d ploring tunnel to the Comstock Lode, in III
n State Of Nevada" approved July 25th, 1866.
y SEC. -. That all afiidavits required to /
a made under this act or the act to which it
e. amendatOry may be verified before any oiiic,
n authorized to administer oaths within the Ian
l. district where the claims may be situated, ar
|. all testimony and proofs may be taken befo
n any such officer, and, when duly certified by Il
" officer taking the same, shall have the same for
v and effect as if taken before the Register al
h 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
o ten days to the opposing party; or if said par
IL cannot be found, then by publication Of at lea
n once a week for thirty days in newspaper, to
4 designated by the Register Of the Land Office
'. published nearest the location of such land; al
e the Register shall require proof that such mott
D has been given.
It SEC. IA That where two or more veins int
d sect or cross each other, priority of title sh,
O. govern, and such prior location shall be entitl
lie to all ore or mineral contained within the spa
lie of intersection: Provided, however That L
lg subsequent location shall have the right of w
h. through said space of intersection for the pr
n possesses of the convenient working of the 50
es mine; And provided also, That where two
rs more veins unite, the oldest or prior locati
e. shall take the vein below the point of union,
q. GLIDING all the space ofintersection.
er SEC. Is. That where non-mineral land r
ts contiguous to the vein or lode is used or occ
,e pied by the proprietor Of such vein or lode |
Re mining or milling purposes, such non-adj ace
Of surface ground may be embraced and includ
II in an application for patent for such vein
o. lode, and the same may be patented therewii
N subject to the same preliminary requirenler
If as to survey and notice as are applicable und
ne this act to veins or lodes; Provided, That
CO location hereafter made of such non-adjace
IN land shall exceed five acres, and payment
ed the same must be made at the same rate as fix
If. by this act for the superhcies Of the lode. T
Sc owner Of Q quartz mill or reduction works. 4
m owning q mine in connection herewith, m
be also receive patent for his mill-site, as pro
as ded in this section.
SEC. l6 That all acts and parts Of acts inct
be sistent herewith are hereby repealed: Provid,