Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-26

syeral parties according to their respective
ights Proof Of citizenship under this act, or
he act Of July 18th loe5, And July ., l,lo, In the
.ase Of an individual. may consist in his own
.fdsyit thereof. and in case of an association OF
persons unincorpOratsd Of the AFFIDAVIT q, Their
authorized agent. made OF his own knowledge or
upon information and belief. and IN case Of
corporation organized under the laws OF the
United States or Of any State or Territory If the
United States. by the hling Of certified copy OF .
heir charter or certificate of incorporation; and
nothing herein contained shall be construed 10 I
prevent the alienation Of the title conveyed by 7
patent for c mining claim to any person what 4
ever.
SIC. : That the description Of vein or lode I
claims. upon surveyed lands. shall designate the ]
location 81 the claim with reference TO the lines
Of the public surveys, but need not conform
Herewith; hut where patent shall De
issued a. 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 50 as in no case
To- interfere with or change the location of any
such patented claim.
SIC. 9. That sections one, two, three, four and
six OF an act entitled An Act granting the night
Of way to ditch and canal owners over the public
lands. and for ether purposes approved July
twonty-sixth. eighteen hundred and siNty-siA.
are hereby repealed, but such repeal shall not
affect existing rights. Applications Tor patents
for mining claims now pending may be prose
gutfu TO a maj nfflSlou III Inc brutfu4 idlin-
Offica: but in such cases where adverse rights
are not affected thereby, patents may issue IN
pursuance Of the provisions OF tins act ana All
patents for mining claims heretofore issued
under the act of July twenty-siNth, 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.
syr. 10. That the act entitled 'An act to
amend an act granting the right of way to ditch
nal 4sgg
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 log sections six and seven Of tins
act for obtaining patents to vein or lode claims;
but where said placer-claims shall be upon sur
veyed lands and conform to legal subdlNlslons,
no further survey or plat shall he required, ana
all placer mining claims hereafter located shali
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
placer-Claims cannot be confOrmed to legal SUB
division. survey and plat shall he made as on
unsurveytd lands: Provided, That proceedings
now pending may be prosecuted 70 their hhal
determination under existing laws; but the pro
visions Of this act, when not IN confilct with eA
isting laws shall apply TO such cases: And pro
yidsd 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 10y
law for homestead or pre-emption purposes.
SEC H. That where the same person, associA-
ton or corporation in possession Of 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 such case tsubjcCt 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
and seventy patent shall issue for the placer
claim, intending such vein or lode, upon the
payment Of tive dollars per acre for such vein ol
lode claim, and twenty-five feet OF surface OF
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 rat,
Of two dollars aud fifty cents per acre, together
with all costs Of proceedings; and where avein o.
| lode, such as described in the second section o
| this act is known TO exist within the boundaries
of plHcer-ciain an application for patent fo
! such placer claim, which does not include an APP
| plicntiOn for the vein or lode claim, shall b'
/ construed conclusive declaration that tn
! ella maut Of the plaCcr-claim has no right pos
/ session Of the vein or lode claim but where tn
existence OF vein or lode in placer claim is no
| known, apatert for the placcr-claim shall conve
all valuable mineral and other deposits within
th- boundaries thereof.
G.. "
United States may appoint in each land distriC
containing mineral lands as many competer
surveyors a. snail apply for appointment to su
. ! yny mining claims, The expenses of the survc
Of vein or lode claims and the survey and SUI
division Of placer claims into smaller qllantiti,
than one hundred and sixty acres together wit
the cost Of publication Of notices, shall be paid
tlieapplicantS, and they shall be at liberty to o
tain the same Il. the most reasonable rates, All
they shall also be at liberty to employ any Unite
| rt,rtt- Gtt IN La
, | The Commissioner of the General Land Lone
shall also have power to establish the maximu
charges for surveys and publication Of MOTTO
under this act; and, in case of excessive charg
, for publication, he may designate any newspap
published i'll land district where mines Il
J situated. for the publication of mining motto
t 10 such district, and fix the rates to be charg
| by such paper; and, to the end that the Comm
sioner may be fully informed on the subje'
o | each applicant shall hle with the Register
o sworn statement Of all charges and fees paid
g ! said applicant for publication and surveys,
n | gether with all fees and money paid the Resist
!, | and Receiver of the land-Office, which stateme
| shall be transmitted, with the papers in {
| case to the Commissioner of the General Lar
4, Once. The fees of the Register and the
q ceiver shall be five dollars each for filing q
# acting upon each application for patent or
il verse claim filed, and they shall he allowed
I amount fixed 10y law for reducing tes
N mony to writing, when done in Land Office, su
N fees and allowances to be paid by the respect
r parties and no other fees shall be charged
m them in such cases. Nothing in this act shall
a construed to enlarge affect the rights of eitl
AT party in regard to any property in controversy
In the time OF the passage of this act, or of the
Id entitled IAN act granting the right of way
To ditch and canal owners over the public Ian
m and for other purposes" approved July &c, Il
lo nor shall this act affect any right acquired I'M
said act: and nothing in this act shall be C
ed strued to repeal, impair, or in any way affect
H. | provisions of the act entitled IAN act grant
m. to A. Sutro the right of way and other privile
, a | to aid in the construction of q draining and
ed | ploring tunnel to the COmstock Lode, in
or state of Nevada" approved July Goth. 1866.
av SEC. 10. That all aifidavits required to
r a made under this act, or the act to which il
20 amendatory. may he verified before any of
inn authorized to administer oaths within the
III. district where the claims may be situated,
al all testimony and proofs may be taken be
Inn any such officer, and. when duly certified by
bv officer taking the same, shall have the same f
nv and effect If taken before the Register
I'll Receiver of the Land Office. In cases Of con
n as to the mineral or agricultural characte
re- land, the testimony and proofs may be take
at | herein provided, on personal notice OF at
40 ten days TO the opposing party; or If said p
as cannot be found, then by publication of at ]
i'm once week for thirty days in a newspaper, I
ed designated by the Register of the Land OfiC
W. published nearest the location of such land !;
he the Register shall require proof that such NJ
no. has been given.
nat SEC. IA. That where two or more VEINS II
od sect or cross each ether, priority of title
,ie govern, and such prior location shall be emit
he TO all ore or mineral contained within the S
The of intersection: Provided, however, That
ing subsequent location shall have the right of
th through said space of intersection for the
it'll possesses of the convenient working Of the
tie. mine: And provided also, That where tw
ara more veins unite, the oldest or prior loci
We shall take the vein below the point OF unioI
an. GLIDING all the space of intersection.
her SEC. Is. That where non-mineral land
cts | contiguous to the vein or lode is used or
he pied by the proprietor of such vein or lod
he mining or milling purposes, such non-adja
of surface ground may be embraced and incl
all in an application for q patent for such We
no. lode, and the same may be patented thereN
on subject to the same preliminary requiem
If as to survey anu notice az are appiicapie U
the this act to veins or lodes: Provided, TIL
Zee location hereafter made of such non-adjt
ion land shall exceed five acres, and paymen
led the same must be made at the same rate as
of. by this act for the superhcies of the lode.
rise owner of q quartz mill or reduction works
ON owning a mine in connection Herewith,
be also receive patent for his mill -ste, rs p
has ded in this section.
SEC. L. That all acts and parts Of acts II
he sistent herewith are hereby repealed: PROV
he That nothing contained in this act shall be
HE strued to impair in any way, rights or int
es in mining property acquired under existing
no. Approved May 10, 1872.
md