Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-21

pay for his portion of the claim, with the prop
er fees. and file the certificate and description
by the Surveyor-General, whereupoi the register
shall certify the proceedings and iudgment-roll
to the Commissioner Of the Land Office. as in the
preceding case, and patents shall issue 10 the
several parties according 10 their respective
rights. Proof Of citizenship under this act. or
the act of July 26th 1896 and July o. 1870, in the
case Of an individual. may consist in his own
affidavit thereof and in case OF an association OF
persons uninoorpUrated of the affidavit of their
authoriE, 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 q certified copy OF
their charter or certificate Of incorporation; and
nothing herein contained shall De construed to
prevent the alienation Of the title conveyed by q
patent for q mining claim to any person what
ever.
SIC. s. 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-
veyed lands, tine 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.
SIC. 9. 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.sixth. 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are hereby repealed.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 final decision in the General Land
Office. but in such cases 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 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.
SIC. 10. That the act entitled An Act to
amend an act granting the right OF way TO dlt,h
and canal owners over the public lands, and for
other purposes approved July ninth, eighteen
/ hundred and seventy, shall be and remain in
full force, except 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
but where said placer-claims shall be upon sur
! veyed lands, ana conform to legal Subdivisions,
10 further survey or plat shall be required, and
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, 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
]
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: Ana 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. II. That where the same person, associa-
a.. r.s,.. of nj
claim, and also a vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-cllim with the
statement t hat 1t includes such vein or 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 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 placer-claim, an application for patent for
such placer-claim, which does not include an ap-
plication for the vein or lode claim, shall be |
construed Us conclusive utCiurhtlOu that tue /
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 not
known, spatent for the placer claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC, IL That the Surveyor General Of the
United States may appoint in ach land district
containing mineral lands as many competent
survey ors as shall apply for appointment to sur
vOy mining claims. The expenses of the survey
l.. !
divisio of placer claims nto smaller quantities
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid by
the applicants, 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 Office
shall also have power to establish the maximum
charges for surveys and publication of notices
under this act; and, in case OF excessive charges
for publication, he may designate any newspaper
published i'll land district where mines are
situated for the publication of mining notices
in such district, and fix the rates to be charged
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 by
said applicant for publication and surveys, to-
gether with all fees and money paid the Resister
and Receiver Of the land-ofice, which statement
shall be transmitted, with the papers In the
case, to the Commissioner Of the General Land.
Office. The fees of the Register and the Re-
cever shall be five dollars each for filing and
acting upon each application for patent or ad.
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi.
mUny to writing, when done in Land Office, such
fees and allowances to be paid by the respective
parties; and no other fees shall be charged by
them in such cases Nothing in this act shsl be
construed to enlarge or affect the rights of either
party III regard to any property in controversy at
the time OF the passage OF this act or of the act
entitled IAN act granting the right of way to
! ditch and canal owners over the public lands,
and for other purposes" approved July &C. 1866,
nor shall this act affect any right acquired under
said act; and nothing in this act shall be con.
strued to repeal impair, or in any way affect the
provisions Of the act entitled IAN act granting
TO A, Sutro the right Of way and other privilege
to aid in the construction Of q draining and ex-
ploring tunnel to the Comstock Lode, in tn,
state OF Nevada" approved July % h, 1866.
SIC. 10 That all athdavits required to b,
made under this act, the act to which it 4,
amendatory, may be verified before any Office
authorized to administer oaths within the lln(
district where the claims may be situated, ant
all testimony and proofs may be taken befor,
any such officer, and, when duly certified BY TN
officer taking the same, shall have the same fore
and effect as IL taken before the RI gistcr an,
Receiver Of the Land Office. In cases Of contes
as to the mineral or agricultural character O
lind, the testimony and proofs may be taken a
herein provided, on personal notice of at leas
ten days to the opposing party; or II said part
cannot be found then by publication of at lens
once week for thirty days in newspaper, to b
designated by the Register of the Land Office a
published nearest the location of such land; an
the Register shall require proof that sucu motto
has been given.
SEC, IA. That where two or more veins inte,
sect or cross each other, priority of title shal
govern, and such prior location shall be entitle
to all ore or mineral contained within the spac
of intersection: Provided, however That tn
I subsequent location shall have the right of wa
through said space of intersection for the pu
possesses of the convenient working of the sal
mine: And provided also, That where two c
more veins unite, the oldest or prior locatio
shall take the vein below the point of union il
GLIDING all the space of intersection.
SEC. Is. That where non-mineral land nc
contiguous to the vein or lode is used or occr
pied by the proprietor of such vein or lode fc
mining or milling purposes such non. ad jacen
surface ground may be embraced and include
in an application for patent for such vein o
lode, and the same may be patented Herewith
subject to the same preliminary requirement
as to survey and notice as are applicable unde
this act to veins or lodes: Provided That n,
location hereafter made Of such non-adiscen
land shall exceed Ave acres, and payment TO
the same must be made at the same rate as fixet
by this act for the superficies Of the lode, Tn,
owner OF quartz mill or reduction works, no
| owning a mine in connection thereuitb