Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-11


10 the Commissioner of the Land Office, as in the
breeding case and patents shall issue TO the
several parties according TO their respective
rights Proof of citizenship under this act, or
tine act Of July 26th 1866, and July ., 1870 IN the
case Of an individual, may consist in his own |
AFFIDAVIT thereof and in case OF an association OF
persons unncorporated of the affidavit OF their /
authorized agent, made on his own knowledge or |
upon information and belief, and in case OF |
CORPORATION organized under the laws oil the |
United States or of any State or Territory Of the
United States, by the filing Of certified copy ot
their charter or certificate of incorporation, and
nothing herein contained shall be construed 10
prevent the alienation of the title conveyed by
patert for mining claim TO any person what
ever.
src. s. That the description Of vein or lode
claims. upon surveyed lands, shall designate the
location Of the claim with reference TO the INES
Of the public surveys, but need not CONFORM
Herewith; but where patent snail DE
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 no case
10 interfere with or change the location OF any
such patented claim.
SEC. .. That sections one, two, three, four and
six. of an act entitled An Act granting the right
Of wsy 10 ditch and canal owners over the public
lands and for other purposes, approved July
twenty-sixth. eighteen hundred and stxty-six,
are hereby repealed, but such repeal shall not
affect existing rights. Applications Tor patents
for mining claims now pending may be prose
cuted to a final decision in the General Land
Office: but in such cases where adverse rights
are not affected thereby, patents may issue m
pursuance of the provisions of this act; ana al
patents for mining claims heretofore Issued
under the act of July twenty-sixth, elghteeh
hundred and sixty-sx, 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 -
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
a patent which shall be similar TO the proceed
ipgs 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 shaii
conform SIS 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 be made as on
unsuryeytd lands: Provided, That proceedings
now pending msy be prosecuted to their maj
determination under existing laws; but the pro-
visions of this act, when not in conflict with eN-
vided 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 qualified by
law for homestead or presumption 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-claim, with the
statement that it includes such vein lode, and
in such case (subject 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, including such vein or lode, upon the
payment of i've dollars per acre for such vein oil
| lode claim, and twenty-five feet OF surface OF
| each side thereof, The remainder OF the placer
| claim. or any placer claim not embracing an!
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 Of
| lode, such as described in the second section o.
| this act is known to exist within the boundaries
Of placer-claim, an application for patent TO
such placer claim, which does NOT include an ap
plication for the vein or lode claim, shall b.
| construed as a conclusive declaration that tn
ella mant of the placer-claim has no right Il pos
session Of the vein or lode claim; but where tn
existence Of vein or lode in placer. claim is no
known, patent for the placer-claim shall conve
all valuable mineral and other deposits With
thu boundaries thereof.
SEC ~ That the Surveyor-General OF tn
United States may appoint in each land distrit
, containing mineral lands as many competer
) surveyors as shall apply for appointment to su
Z vey mining claims. The expenses of the surve
: of vein or lode claims, and the survey and sui
{ division Of placer claims into smaller quantitit
. than one hundred and sixty acres, together wit
the cost of publication of notices, shall be paid
the applicants, and they shall be at liberty to oil
tain the same at the most reasonable rates, an
they shall also be at liberty TO employ any Unite
States Deputy Surveyor TO make the surve,
, The Commissioner of the General Land OfhC
shall also have power to establish the maximul
charges for surveys and publication OF notice
under this act; and, in case OF excessive charg'
for publication, he may designate any newspap
/ published in land district where mines a
e situated, for the publication of mining motto
1 in such district, and fix the rates to be chargs
| by such paper; and, to the end that the Commi
8 sioner may be fully Informed on the subjeC
n | each applicant shall file with the Register
o sworn statement Of all charges and fees paid
q said applicant for publication and surveys
n gether with all fees and money paid the Resist
4. and Receiver Of the land-ofhce, which stateme
shall be transmitted, with the papers in {
q case, to the Commissioner of the General Lar
.. Office. The fees OF the Register and the /
70 ceiver shall be five dollars each for filing a
If acting upon each application for patent or
is verse claim filed, and they shall be allowed
4 |
n mony to writing, when done in Land Office, su
m 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
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 ''An act granting the right of way
To ditch and canal owners over the public Ian
m and for other purposes" approved July 26, Is
no nor shall this act affect any right acquired UNI
| atI -. nd in hal he n
ed strued to repeal, impair, or in any way affect
III. provisions of the act entitled can act grant
IN. to A. sutro the right of way and other privile
e to aid in the construction of draining and
ed ploring tunnel to the Comstock Lode, in
ar State of Nevada" approved July 25th, 1866.
raw SEC. 10. That all afiidavits required to
nj made under this act, or the act to which il
ce amendatory, may be verified before any off
inn authorized to administer oaths within the !
di district where the claims may be situated,
AL. all testimony and proofs may be taken bel
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same f
nv and effect as il taken before the Register
Il Receiver of the Land Office, In cases of con
IN. as to the mineral or agricultural character
re- land, the testimony and proofs may be take
at herein provided, on personal notice of at
wo ten days to the opposing party; or If said p
as cannot be found, then by publication of at ]
in once week for thirty days in newspaper, t
led designated by the Register of the Land Offic
NV. published nearest the location of such land ;
the the Register shall require proof that such ne
no. | has been given.
hat SEC IA That where two or more veins il
iod sect or cross each ether, priority of title q
sio govern, and such prior location shall be emit
he to all ore mineral contained within the s
the of intersection: Provided, however, That
inc subsequent location shall have the right of
M. through said space of intersection for the
-itb possesses of the convenient working Of the
,tes mine: And provided also, That where tw
mrs more veins unite, the Oldest or prior loca
We shall take the vein below the point of union
an. Guiding all the space of intersection.
her SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or {
tbe 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 patent for such We
no. lode, and the same may be patented therey
|, on subject to the same preliminary requiem
If as to survey and notice as are applicable u
the this act to veins or lodes: Provided, Thu
nee location hereafter made of such non-adja
ion land shall exceed five acres, and paymen
lied the same must be made at the same rate as
Of. by this act for the superfcies of the lode.
,rse owner of q quartz mill or reduction works
rop | owning q mine in connection Herewith,
be also receive patent ior MS mlii-s'e' US
has ded in this section.
SEC. 16. That all acts and parts of acts il
| no | sistent herewith are hereby repealed: Prov
he That nothing contained in this act shall be
the strued to impair, in any way, rights or int
les in mining property acquired under existing
1ro. Approved May 10, 1872.
and
,aII | CHAP. CCXIv.-An Act to amend an Act ent
80 sAu Act 10 promOte the DEVELOPMENT OF