Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-25

paw Tor MS portion OF the CLAIM, with the prop
er fees. and file the eertihcate and description
by the Surveyor-General. whereupon the register
shall certify the proceedings and judgment-roll
10 the Commissioner fthe Land Once, as in the
preceding case. and patents shan issue TO the
several parties according to their respective
rights. Proof Of citizenship under this act. or
the act Of July 25th lsd6, and July g. 1870 in the
Of an individual, may consist in his own
AFFIDAVIT thereof. and in case of an association Of
persons unincOrporsted 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 OF the
United States or Of any State or Territory OF the
United States, by the filing Of certified copy OF
their charter or certificate Of incorporation; and
nothing herein contained shall be construed TO
prevent the alienation Of the title conveyed by
patent for 3 mining claim to any person what
ever.
SIC E. 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
Herewith: but where patent shall be
issued as aforesaid for claims upon unsur-
viewed 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.
SIC. 9. That sections one, two, three, four and
six. Of an act entitled An Act granting the right
Of way to ditch aud canal owners over the public
lands, and for other purposes, approved July
twenty sixth. eighteen hundred and sixty
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted 10 y 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-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.
/ 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
T 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 thi,
| act for obtaining patents to vein or lode claims
/ but where said placer-clains 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, anC
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 OF
unsuryeyt lands: Provided, That proceeding,
I 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 o.
| mineral land in any legal subdivision quantity
Of agricultural land less than forty acres re
mains, said fractional portion Of agriculture
land may be entered by any party qualified by
law. for homestead or presumption purposes.
| SEC. IL. That where the same person, sSsocis
/ ton or corporation in possession OF placer
claim and also vein or lode included within
the boundaries thereof, application shall b.
made for patent for the placer-claiIn, with tn
statement that 1t includes such vein or lode AM
! in such case Subject to the provisions Of thi
act and the act entitled AN act to amend an &C
granting the right Of way TO ditch and cana
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 o
lode claim, and twenty-five feet of surface o
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 avein 0
lode, such rs described in the second section o
this act, is known to exist within the boundarie
of placer claim, an application for patent 70
such placerclaim which does not include an aI
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 of poi
session Of the vein or lode claim; but where tn
existence of vein or lode in placer claim is nc
known, apatent for the placer claim shall convs
all valuable mineral and other deposits with
! TIL boundaries thereof.
; SEC. IL That the Surveyor-Geueral Of til
United States may appoint in each land distri
0 containing mineral lands as many competel
o surveyors as shall apply for appointment to su
e vey mining claims. The expenses of the surv,
8 of vein or lode claims and the survey and SUI
i division Of placer claims INTO smaller quantiti
e than one hundred and sixty acres, together vii
= the cost of publication Of notices shall be paid
r theapplicant., and they shall be at liberty to o
i tain the same at the most reasonable rates, III
they shall also be at liberty to employ any Unit
= States Deputy Surveyor to make the surve
9 The Commissioner of the General Land-On
i shall also have power to establish the ma1imu
+ charges for surveys and publication Of motto
i under this act; and, in case Of excessive charg
$ for publication, he may designate any newspap
j published in land district where mines a
E situated, for the publication Of mining motto
] in such district and fix the rates to be charg
u by such paper; and, to the end that the Comm
3 sioner may be fully informed on the subjet
e each applicant shall file with the Register
o sworn statement Of all charges and fees paid
e said applicant for publication and surveys,
n gether with all fees and money paid the Resist
4 and Receiver Of the land-office, which stateme
|, shall be transmitted, with the papers in t
5, case. to the Commissioner OF the General Ian
E. Office. The fees Of the Register and the /
IF acting upon each application for patent or
is verse claim filed, and they shall be allowed I
t, amount fixed by law for reducing ties
Or mony to writing, when done in Land Office, su
m fees and allowances to be paid by the respecti
r parties; and no other fees shall be charged
N them in such cases. Nothing in this act shall
n, construed to enlarge or affect the rights Of etl
AZ 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 the nubliQ an
m and for other purposes" approved July &c, IS
10 nor shall this act affect any right acquired unt
said act and nothing in this act shall be CT
ID strued to repeal, impair, or in any way affect
D. provisions of the act entitled AN act grant
n, to A. Sutro the right Of way and other pr!vile
a to aid in the construction Of draining and
I'd ploring tunnel to the Comstock Lode, in
or State of Nevada, approved July Goth, 1866.
iy SEC. 10. That all affidavits required to
a made under this act, or the act to which it
e, amendatory, may be verified before any Off
m authorized to administer oaths within the Ia
Ii district where the claims may be situated, a
II, all testimony and proofs may be taken Def
IN any such officer, and, when duly certified by
)y officer taking the same shall have the same TO
~ and effect as il taken before the Register
n Receiver Of the Land Office. In cases Of cont
u as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
u herein provided, on personal notice OF at lie
70 ten days to the opposing party; or if said pa
as cannot be found, then by publication of at lie
in once week for thirty days in q newspaper, to
I'd designated by the Register of the Land Offict
" published nearest the location Of such land;
ne the Register shall require proof that such no!
o, has been given.
at SEC. n That where two or more veins ini
I'd sect or cross each other, priority of title 81
g. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sp
lie Of intersection Provided, however, That
lS subsequent location shall have the right of '
h through said space of intersection for the p
tn possesses of the convenient working of the 9
es mine: And provided also, That where two
rs more veins unite. the oldest prior locat
e. shall take the vein below the point of unien
n Guiding all the space of intersection.
er SEC. 10. That where non-mineral land
It's contiguous to the vein or lode 10 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 inclu,
All in an application for patent for such weir
To- lode, and the same may be patented therewi
on subject to the same preliminary requirenie
If as to survey and notice as are applicable un
he this act to veins or lodes: Provided, That
ce location hereafter made Of such non-adjac
on land shall exceed five acres, and payment
ed the same must be made at the same rate as fl
1f- by this act for the superhcies Of the lode.
se owner of q quartz mill or reduction works,
IN owning Q mine in connection Herewith 4
be also receive 4 patent for his mill site, as prt