Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-10

CT ices. ana ME the certincate and description
By the suryeyor-Genersl, whereupon the register
shall certify the proceedings and judgment-roll
10 the Commissioner of the Land Once, Is 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 26th 1866 and July Q, 1870 in the
case Of an individual, may consist In his own
sttdsyit thereof and in case OF az association Of
persons unincorporated OF the sffdsvit Of their
authorized agent, rnade on his own knowledge or
upon information and belief, and in case of 3
corporation organized under the laws OF the
United States or Of any State or Territory Of the
United States by the filing Of q certified copy OF
thei- ch9rter or certificate of Incorporation: and
nothing herein contained shall be construed to
prevent the alienation of the title conveyed by 3
patent for mining claim to any person what
ever.
SEC 8. That the description Of vein or lode
claims upon surveyed lands, shall designate the
location OF the claim with reference to tbs lines
of the public surveys, but need not conform
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 10 the
plat or description thereof but SO as in no case
to interfere with or change the location OF any
such patented claim.
SIG 9. That sections one. two, three. -four snd
six Of an act entitled An Act granting the right
of way tn ditch and canal owners over the public
0
twcnty-sixth. eighteen hundred and sixty siI,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may lie prose-
cuted to 6 final decision III the General Land
Office; but in such csses where adverse rights
are not affected tn reby, 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 sud sixty-six shall convey all the rights
I and upiyileups conferred nv This where
adverse rights exist ut the time OF the passage OF
l 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 fol
other purposes approved July ninth, eighteen
/ hundred and seventy, shall be and remain il
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 thi.
| act for obtaining patents to vein or lode claims
but where said placer-claims shall be upon sur
| veyed lsnds, ana conform to legal subdivisions
no further survey or plat shall be required, ant
all placer mining claims hereafter located shall
conform as near as practicable with the United
States system Of public land surveys and the
rectangular subdivisions of such surveys, anG
no such location shall include more than twent,
acres for each individual claimant. but wher,
| placer-claims cannot be conformed to legal sub
division. survey and plat shall be made as OF
| unsuryey lands: Provided, That proceeding
now pending may be prosecuted TO their fna
! determination under existing laws; but the pro
/ visions Of this act, when not in conflict with eN
listing laws, shall apply TO suoh cas- 8: And pro
! yided also, That where by the segregation o
mineral land in any legal subdivision quantit,
/ of agricultural land less than forty acres re
mains, said fractional portion Of agriculture
land may be entered by any party qualified b.
| law, for homestead or presumption purposes
! SEC. IL. That where the same person, associa
ton or corporation in possession of q placer
| claim, and also vein or lode included within
| the boundaries thereof, application shall b.
made for patent for the placer-claim, with tn
statement that it includes such vein or lode, an'
| in such case tsubject to the provisions Of thi
act and the act entitled "An act to amend an &c
granting the right of way TO ditch and cans
| owners over the public lands, and for other pur
poses; approved July ninth, eighteen hundre'
| and seventy patent shall issue for the placer
| claim, including such vein or lode. upon tn
payment Of five dollars per acre for such vein 0
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 rat
| of two dollars and fifty cents per acre, togethe
| with all costs of proceedings; and where vein O
| lode, such rs described in the second section O
| this act is known to exist within the boundarie
Of a plaeer-claim, all application for patent 70
such placer-clam, which does not include an ap
| pliCation for the vein or lode claim, shall
construed as q conclusive declaration that tn
ella mant of tho placer-claim has no right Of pos
session Of the vein or lode claim; but where tn
existence of vein or lode in placer.clsim is nc
KNOWN patent for the placer claim shall conve
all valuable mineral and other deposits With
tn boundaries thereof.
SEC. l2 That the Surveyor-Geue OF tn
United States may appoint in each land distri'
containing mineral lands as many competei
} surveyors as shall apply for appointment to su
e ! ycy mining claim, The expenses OF the survt
: of vein or lode claims, and the survey and SUI
( divisio of placer claims nto smaller quantiti
e than one hundred aud sixty acres. together wi,
the cost OF publication OF notices, shall be paid
the applicants, and they shall be at liberty to o.
tain the same at the most reasonable rates al
theysh also be at liberty to employ any Unite
States Deputy Surveyor to make the surve,
The Commissioner Of the General Land. ofit
shall also have power to establish the maximum
charges for surveys and publication OF motto,
under this act; and, in case of excessive charg
) for publication, he may designate any newspap
published in land district where mines a
situated, for the publication Of mining MOTTO
t in such district, and fix the rates to be charge
by such paper; and, to the end that the Commi
s sioner may be fully informed on the subjeC
e each applicant shall file with the Register
D sworn statement Of ali charges and fees paid
c said applicant for publication aud surveys, t
a gether with all fees and money paid the Resist
= and Receiver OF the land-office, which stateme
, shall be transmitted, with the papers in Il
, case, to the Commissioner of the General Ian
: Office. The fees of the Register and the r
e ceiver shall be five dollars each for filing al
( acting upon each application for patent or a
5 verse claim fled, and they shall be allowed Il
, amount fixed by law for reducing ties
r mony to writing, when done in Land ONCE, su,
II fees and allowances to be paid by the respect
:. parties and no other fees shall be charged
h them in such cases Nothing in this act shall
. construed to enlarge or affect the rights Of eth
t party in regard to any property In controversy
n the time OF the passage OF this act or Of the a
i entitled IAN act granting the right OF way
o ditch and canal owners over the public LAND
n and for other purposes" approved July 26, 1885,
0 nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
4 strued to repeal impair, or in any way affect 4
= provisions # the act entitled IAN act grantil
|, TO A. Sutro the right Of way and other privileg
a to aid in the construction Of draining and e
ploring tunnel to the Comstock Lode, in &
r State OF Nevads," approved July % h. 1866.
y SEC. ID. That all afhdavts required to
a made under this act, or the act to which it
, amendatory, may be verified before any ofic
o authorized to administer oaths within the lal
: district where the claims may be situated, al
/, all testimony and proofs may be taken befo
4 | any such officer, and, when duly certified by 4
officer taking the satns. shall have the same for
! and effect as II takea before the Register al
! Receiver of the Land Office. In cases Of conte
as to the mineral or agricultural character
lend, the testimony and proofs may be taken
herein provided, on personal notice Of AT lea
ten days to the opposing party; or if said par
cannot be found then by publication of ut lea
] once a week for thirty days in a newspaper, to
| designated by the Register of the Land Office
published nearest the location Of such land; al
, the Register shall require proof that suca mott
has been given.
SEC. IA. That where two or more veins int,
sect or cross each ether, priority of title shi
govern, and such prior location shall be entitl
to all ore or mineral contained within the spa
of Intersection: Provided, however. That d
subsequent location shall have the right OF w
: through said space Of intersection for the pu
, possess of the convenient working OF the So
mine: And provided also, That where two
) more veins unite, the oldest or prior locate
shall take the vein below the point Of union, /
GLIDING all the space of intersection.
r SEC. Is. That where non-mineral land n
5 contiguous to the vein or lode is used or occ
e pied by the proprietor of such vein or lode 4
e mining or milling purposes such non.adj ace
T surface ground may be embraced and includ,
! in an application for patent for such vein
lode, and the same may be patented therewit
subject to the same preliminary Requirement
( as to survey and notice as are applicable und
this act to veins or lodes: Provided, That
/ location hereafter made Of such non-adjacel
, land shall exceed five acres, and payment f
/ the same must be made at the same rate as fixt
by this act for the superfcies Of the lode. III
, owner of quartz mill or reduction works. n
owning mine i'll connection Herewith, ms
also receive patent for his mill-ste, as prov
, ded in this section.