Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-09

preeetfine 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 10Th 1906 and July .. 1870 in the
case of an Individual may consist in his own
affidavit thereof, and in case OF an association of
persons uliincorporated Of the affidavit OF their
authorized agent, made on his own knowledge or
upon information and belief. and in case Of a
corporation organized under the laws OF tho
United States, Of shy State or Territory Of the
United States. by the filing Of certified copy OF
their charter OF 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. 5. 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
therewith; hut 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 to the
plat or description thereof, but so as in no case
to interfere with or change the location VI any
such patented claim.
SEc .. 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
! lands and for other purposes, approved July
/ twenty-siNth. eighteen hundred and sixty-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| are hereby repealed, but such repeal shall not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 q final decision in the General Land
| Office; 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 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.
SEC. 10. That the act entitled An Act to
] amend an act granting the right of way TO ditch
,asfla1 10 Ia - n
other purpose, approved July ninth, eighteen
| hundred and seventy, shall be and remain in
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 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 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
| plscer-claims 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 final
! determination under existing laws; but the pro-
visions Of this act, when not in conflict with ex-
listing laws. shall apply to such cases: And pro-
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 q vein or lode included within
| the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement hat 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
the RIGHT of 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 a plaCer-claim all application for patent for
| such plscer-claim, which does not include an ap-
| plication for the vein or lode claim, shall be
| construed as n conclusive declaration that the
ella mant of the placer-claim has no right of pos.
session Of the vein or lode claim; but where the
existence of vein or lode in placer-claim is no,
known, apatent for the placer-claim shall convey
| all valuable mineral and other deposits within
, tn boundaries thereof.
SEC. II That the surveyor General Of the
nltea states may appoint IN taCn land district
containing mineral lands as many competent
surveyors as shall apply for appointment to sur
vey mining claims. The expenses of the surve,
Of vein or lode claims, and the survey and sub
division Of placer claims INTO smaller quantitie
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid b,
heappliCants, and they shall he at liberty to OBJ
tain the same at the most reasonable rates, anC
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner Of the General Land Offic,
shall also have power to establish the maximum
charges for surveys and publication of notice.
under this act; and, in case of excessive CHARGE
for publication, he may designate any newspape
published in land district where mines ar
situated, for the publication of mining notice
in such district, and fix the rates to be charge.
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 b.
said applicant for publication and surveys, to
gether with all fees and money paid the Resiste
and Receiver Of the land-otfice 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 RI
!, celver shall be five dollars each for filing an
acting upon each application for patent or aC
verse claim fled and they shall be allowed tn
amount fixed by law for reducing test
. mony TO writing, when done in Land Office, sue
fees and allowances to be paid by the respectiv
parties; and no other fees shall be charged b
construed TO enlarge or affect the rights of eithe
party in regard to any property in controversy
the time OF the passage of this act or Of the az
/ entitled IAN act granting the right of way I
, ditch and canal owners over the public land
, and for other purposes" approved July 26, 1866
nor shall this act affect any right acquired undo
said acts and nothing in this act shall be col
I strued to repeal impair, or in any way affect til
= | provisions of the act entitled "An act grantin
, to A. sutro the right of way and other privilege
n to aid in the construction of a draining and e,
d ploripg tunnel to the Comstock Lode, in Il
II State Of Nevada" approved July 25h, 1866.
v SEC. 10. That all affdavits required to
q made under this act or the act to which it
). amendatory, may be verified before any offic
n authorized to administer oaths within the lar
|. district where the claims may be situated, al
l. all testimony and proofs may be taken befo
a any such officer, and, when duly certified by Il
v officer taking the same, shall have the same for
v and effect as If taken before the Register al
Receiver of the Land Office. In cases of conte
i 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
8 cannot be found, then by publication Of at lea
n once week for thirty days in newspaper, to
4 designated by the Register of the Land Office
!. published nearest the location of such land; al
@ the Register shall require proof that such mott
}. has been given.
4 SEC, IA That where two or more veins int
a sect or cross each other, priority of title shi
ie to all ore or mineral contained within the spa
e of intersection; Provided, however, That {
g subsequent location shall have the right of W
d. through said space of intersection for the p,
h possesses of the convenient working of the 50
IS mine: And provided also, That where two
"a more veins unite, the Oldest or prior locati
O. shall take the vein below the point of union,
l. Guiding all the space of intersection.
n SEC. Is. That where non-mineral land 4
n contiguous TO the vein or lode is used or oct
e pied by the proprietor of such vein or lode
" mining or milling purposes such non-ad jace
# surface ground may be embraced and includ
II in an application for patent for such vein
, lode, and the same may be patented therewil
n subject to the same preliminary requirenier
II as to survey and notice as are applicable und
70 this act to veins or lodes: Provided, That
% location hereafter made Of such non-adjace
N land shall exceed five acres, and payment
d the same must be made at the same rate as AZ
T. by this act fo4 the superficies of the lode T
Ne owner of q quartz mill or reduction works, I
M owning a mine In connection Herewith, m
,e also receive a patent for his mill.site. as pro
rs ded in this section
SEC. 16. That all acts and parts Of acts inct
,e sistent herewith are hereby repealed: Provid,
"a That nothing contained in this act shall be CT
re strued to impair, in any way, rights or intere
4 in mining property acquired under existing la,
0. Approved May 10, 1872.