Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-23
Ion ,hereof - ,he .ppllcani shall appear, from

pay for his portion OF the claim, Win the prop
er fees. and file the certificate and description
by the suryeyor-Generzl, wheroupon the register
shall certify the proceedings and judgment-roll
to the Commissioner Of the Land Once, as 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 1896 and July 9. isI0 in the
case Of an individual, may consist IN his own
affidavit thereof and In case Of an association OF
persons uninc0rp0rzted OF the afldayif OF their
authorized agent, made on his own knowledge or
upon information and belief, and in case Of
coronation organized under the laws OF the
United States or Of any State or Territory OF the
United States by the filing Of o 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 1
patent for ; mining claim to any person what
ever.
SIC. 4. That the description ofvein or lode /
claims upon surveyed lands, shall designate the /
location Of the claim with Inference TO the lines |
Of the public surveys, but need not conform I
Herewith; but where q patent hhaH % 1
issued as Aforesaid for claims upon unsur- /
veyed lands, the Surveyor General in extending /
the surveys, shall adjust the same to the boun- |
darics Of such patented claims, according 10 the
plat or description thereof, but SO as in no case
10 Interfere with or change the location OF any
such patented claim.
SIC Q. 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
twsnty-sixth. eighteen hundred and siKty-slx,
are hereby repealed, hut such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted TO o final decision III 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 al
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.
l 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 ar to the proceedings 70 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
yeyed lands, ana conform TO legal subdlyisions-
no 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 SUBJ
division, surrey and plat shall be made as on
unsuryey'd 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 eN-
listing laws, shall apply to such cases: And pro-
viied 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 or lode, and
in such case (subjeCt to the provisions of this
act and the act entitled IAN 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 tive dollars per acre for such vein or
I lode claim, and twenty-five feet OF surface on
] each SIDE thereof. The remainder OF the placer
Z claim. or any placer claim not embracing any
vein or lode claim, shsll be paid for at the rate
/ Of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where ayeln OF
/ lode such az described in the second section Of
/ this act is known to exist within the boundaries
Of q plgcer-claim, Ian application for patent for
! such placer-claim, which does not include an ap
| plcstiou for the vein or lode claim, shall be
/ construed as q conclusive declaration that the
ella mAnt Of the plaCer-clam has no right o f pos
session Of the vein or lode claim; but where the
existence Of vein or lode in placer claim ID not
known, apatent for the placer-claim shall convey
| all valuable mineral and other deposits within
| thu boundaries thereof
SEC IL That the Surveyor General of the
United States may appoint in each land district
! containing mineral lands as many competent
surveyors as shall apply for appointment to sur
, vey mining claims. The expenses of the survey
: Of vein or lode claims, and the survey and sub
division of placer claims INTO smaller quantities
, than one hundred and sixty acres, together will
the cost Of publication of notices. shall be paid by
] t1oo and "a tn n
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 Ofict
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 newspape
published in a land district where mines arr
Z situated for the publication of mining notice
I in such district and fix the rates to be charged
| by such paper; and, to the end that the Commits
s sioner may be fully informed on the subject
e each applicant shall file with the Register
O sworn statement Of all charges and fees paid b
e said applicant for publication and surveys, &c
d gether with all fees and money paid the Resiste
l. and Receiver of the land-Otice, which statemer
|, shall be transmitted, with the papers in tn
: case, TO the Commissioner of the General Lane
e Office. The fees of the Register and the r,
e ceiver shall be five dollars each for filing an
If acting upon each application for patent or al
Is verse claim filed, and they shall be allowed IL
" mony to writing, when done in Land Office, sue
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 or affect the rights of eth
al party in regard to any property in controversy
in the time OF the passage of this act, or Of the a
Id entitled IAN act granting the right Of way
to ditch and canal owners over the public land
m and for other purposes" approved July &c, 1876
40 nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
ed strued to repeal, impair, or in any way affect 4
ID provisions of the act entitled AN act grantil
m to A. Sutro the right Of way and other privleg
Z to aid in the construction Of a draining and e
ed ploring tunnel to the Comstock Lode, in I
or State of Nevada" approved July 18th, 1866.
lay SEC. 10. That all atiidavits required to
r made under this act, or the act to which it
&c, amendatory, may be verified before any Off
i'm authorized to administer oaths within the la
di. district where the claims may be situated, a
al. all testimony and proofs may be taken befC
i'm any such officer, and, when duly certified by
bv officer taking the same, shall have the same TO
nv and effect as if taken before the Register O
Cd Receiver of the Land Office. In cases of cont
IN as TO the mineral or agricultural character
re. land, the testimony and proofs may be taken
at herein provided, on personal notice of at lie
wo 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 newspaper, to
led designated by the Register of the Land Once
NV. published nearest the location Of such land;
the the Register shall require proof that such not
no. has been given.
hat SEC IA That where two or more veins int
iod sect or cross each other priority of title 81
sig. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sI
the of intersection: Provided, however That
ing subsequent location shall have the right of
it'll. through said space Of intersection for the !
18th possesses of the convenient working Of the
ties mine And provided also, That where two
lars more veins unite, the oldest or prior local
We shall take the vein below the point Of union
an. GLIDING all the space of intersection.
her SEC. 15 That where non-mineral land
cts contiguous to the vein or lode is used or OF
the pied by the proprietor of such vein or lode
, he mining or milling purposes, such non-adjat
, of surface ground may be embraced and inclu
,all in an application for patent for such vel
no. lode, and the same may be patented therew
, ON subject to the same preliminary requiren'
II as to survey and notice as are applicable VI
the this act to veins or lodes: Provided, Tha
flee | location hereafter made of such non-adja,
ton land shall exceed fve acres and payment
lied the same must be made at the same rate az T
i of. by this act for the superfcies of the lode.
erse owner of quartz mill or reduction works,
rom owning a mine in connection Herewith,
i be also receive patent for his mill-ste, as pr
has ded in this section.
SEC. 16. That all acts and parts OF acts in
i be sistent herewith are hereby repealed: Provi
ut-x a. bso oh oil l,x.