Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-04

pay for his portion of the claim, with the prop
sr fees. and file the certificate and description
By the surveyor-Generzl, whereupon the register
shall certify the proceedings and judgment-roll
10 the Commissioner of the Land Once, 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
the act of July 25th 1906 and July 9, 1870 in the
case OF an individual. may consist in his own
affidavit thereof and in case OF an association Of
persons unineorporated of the affdayit Of their
authSsized agent. made ON 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 Territory of the
United States, by the filing Of certified copy of
their charter or certificate of Incorporation. and i
nothing herein contained shall be construed to /
prevent the alienation OF the title conveyed by q
patent for mining claim to any person what z
ever
SEC s. That the description Of vein or lode I
claims. upon surveyed lands, shall designate the 1
location of the claim with reference to the lines
Of the public surveys, but need not euniorm
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 boun-
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. 3. That sections one, two, three. four and
six of an act entitled An Act granting the right
Of way to ditch and canal owners overthe public
lands, and for other purposes, approved July
twenty-sixth. eighteen hundred and slNty-sIx,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may he prose-
cuted to a final decision in the General Land
Once; 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, shteen
hundred and sixty-six shall convey all erights
and privileges conferred by this act where no
adverse rights exit 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
fun force except as to the proceedings TO OBTAIN
| patent which shall be similar to the proceed
ings prescribed by sections six and seven OF TINS
act for obtaining patents to vein or lode CLAIMS
4 bat where said placer-claims shall be upon sur
veyed lands, and conform to legai Subdivisions
no further servey or plat shall be required, and
all placer mining claims hereafter located shall
conform as near as practicable with the ohited
| States system OF public land surveys ana the
rectangular subdivisions Of such surveys, ana
no such location shall include more than twenty
acres for each individual claimant. but where
placer-cl.ims cannot be conformed to legal sub
| division, survey and plat shall be made as on
| unsuryeyfd lands: Provided, That proceedings
now pending may be prosecuted to their maj
determination under existing laws; but the pro-
| visions of this act when not in conflict with e1-
listing laws, shall apply to such casts: 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 qualihed by
! law, for homestead or prescription purposes.
| SEC IL. 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-clam, 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 vein or
! lode such as described in the second section Of
| this act is known to exist within the boundaries
Of u placer-claim, al application for patent for
such placer-claim, which does not include an ap-
plicatiOn for the vein or lode claim, shall be
! construed as q conclusive declaration that the
ella mant of the plscer-claim has no right of pos
session Of the vein or lode claim; but where the
existence of vein or lode in placer i'm is not
| known, apatent for the plscer-claim shall convey
| all valuable mineral and other deposits within
tn boundaries thereof.
SEC. l2 That the Surveyor General of the
United States may appoint in Zach 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 nto smaller quantities
than one hundred and sixty acres together will
the cost OF publication of notices shall be paid by
theapplicants 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-O Office
shall also have power to establish the maximum
charges for surveys and publication OF notice.
under this act; and, in case of excessive charges
for publication, he may designate any newspape
published in a land district where mines ar,
, situated, for the publication of mining notice.
in such district, and fix the rates to be charged
by such paper; and, to the end that the Commits
: sioner may be folly Informed on the subject
e each applicant shall file with the Register
, sworn statement Of all charges and fees paid b
9 said applicant for publication and surveys, tC
1 gether with all fees and money paid the Resiste
and Receiver Of the land-Oflice, which statemen
shall be transmitted, with the papers in tn
case. to the Commissioner of the General Lane
, | Office. The fees OF the Register and the X,
e ceiver shall be FIVE dollars each for filing an
{ acting upon each application for patent or AZ
& verse claim filed, and they shall be allowed II
j. amount fixed by law for reducing test
r mony to writing, when done in Land Office, sue
n fees and allowances to be paid by the respect,
;. | parties; and no other fees shall be charged /
n them in such cases. Nothing in this act shall |
l. construed to enlarge or affect the rights of eith'
Il party in regard to any property in controversy
the time OF the passage of this act, or OF the al
d entitled IAN act granting the right of way
a ditch and canal owners over the public land
n and for other purposes" approved July &c, 1856
10 nor shall this act affect any right acquired und
said act and nothing in this act shall be col
d strued to repeal impair, or in any way affect Il
h. provisions of the act entitled IAN act grantiI
n to A. Sutro the right of way and other privileg
n to aid in the construction OF a draining and g.
"a ploring tunnel to the Comstock Lode, in Il
or State of Nevada" approved July 25,h, 1866
nv SEC. -. That all aifidavits required to
a made under this act, or the act to which II
e. amendatory, may be verified before any oihc
m authorized to administer oaths within this lal
ii. district where the claims may be situated, al
Al all testimony and proofs may be taken befo
m any such officer, and, when duly certified by [
by officer taking the same shall have the same fol
nv and effect If taken before the Register a
81 Receiver Of the Land Office In cases OF cont,
u as to the mineral or agricultural character
e. lsnd, the testimony and proofs may be taken
II. herein provided, on personal notice of at lei
70 ten days to the opposing party; or If said pal
as cannot be found, then by publication of at lei
in once q week for thirty days in a newspaper, to
ed designated by the Register of the Land ONCE
w. published nearest the location of such land q
he the Register shall require proof that such not
10. has been given.
mt SEC IA. That where two or more veins int
nd sect or cross each other, priority Of title ST.
TO- govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sp
he of intersection: Provided, however. That
np subsequent location shall have the right of '
Ia. through said space of intersection for the p
it'll possess of the convenient working of the 8
les mine And provided also, That where two
ars more veins unite the Oldest or prior locat
We. shall take the vein below the point of union
m. GLIDING all the space ofintersection.
,er SEC. Is That where non-mneral land
rts contiguous to the vein or lode is used or oc
he pied by the proprietor Of such vein or lode
be mining or milling purposes. such non-adjac
of surface ground may be embraced and inclut
ali in an application for patent for such vein
40. lode and the same may be patented therewi
on subject to the same preliminary requirene
II as to survey and notice as are applicable un
he this act to veins or lodes: Provided, That
Ice location hereafter made Of such non-adjac
lon land shall exceed ave acres, and payment
led the same must be made at the same rate ~ a,
Of by this act for the superfcies of the lode.
rse owner Of q quartz mill or reduction works,
ON owning q mine In connection Herewith, n
be also receive patent for his mill.site, a. prt
mas ded In this section.