Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-24

different portions Of the claim, each party may
pay for his portion Of the claim, with the prop
en- fees, and file the certificate and description
by the surveyor-General, whereupon the register
shall certify the proceedings and judgment-rOll
to the Commissioner Of the Land Office, 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 18th 1896 and July 2, $50, in the
case Of an individual, may consist in his own
affidavit thereof and in case of an association of
persons unineorporated 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 the
United States, 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 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 the lines
Of the public surveys, hut 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-
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 of any
such patented claim.
SEC Q. That sections one, two, three. four and
I X,
of way to ditch and canal owners over the public
lands, and for other purposes, approved July
twenty-sixth, eighteen hundred and sixty-sl1,
are hereby repealed, but such repeal shall not
affect existing rights Applications for patents
/ for mining claims now pending may be prose
| cuted to O final decision in the General Land
| Once; 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
/ he Of nf In
hundred and sxty-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.
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
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 as near ls 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
unsurveyfd 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. II. 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 plGcer-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 cana
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 tn,
payment of five dollars per acre for such vein OF
| lode claim, and twenty-five feet Of surface OF
each side thereof. The remainder Of the placer
claim. or any placer claim not embracing IN,
vein or lode claim, shall be paid for at the rat
Of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where vein Of
lode, such as described in the second section O.
| this act, is known to exist within the boundaries
OF placer-claim, an application for patent fol
such placer claim, which does not include an ap
| plicatiOn for the vein or lode claim, shall b.
/
ella mani of the pacer-claim has no right o pos
session Of the vein or lode claim but where tn,
existence of a vein or lode in placerclaim is no
known, apatent for the placer-claim shall conve.
all valuable mineral and other deposits within
| tn boundaries thereof
SEC, IL That the Surveyor General of tn
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to SUI
, | yey mining claims. The expenses of the surve
, | af Nrain lodi nd g1l
/ division Of placer claims into smaller quantitie
, than one hundred and sixty acres, together wit
the cost of publication Of notices shall be paid
the applicants and they shall be at liberty to oil
tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the survey
| The Commissioner of the General Land Ofic
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 newspapt
published in land district where mines AZ
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 Commi
, sioner may be fully informed on the subjec
, each applicant shall file with the Register
sworn statement of all charges and fees paid /
. said applicant for publication and surveys, t
/ gether with all fees and money paid the Resist
and Receiver of the land Office which statemel
shall be transmitted, with the papers in Il
case, to the Commissioner of the General Ian
/. Office. The fees of the Register and the
E ceiver shall be FIVE dollars each for filing al
{ acting upon each application for patent or a
: verse claim filed, and they shall be allowed Il
!, amount fixed By law for reducing tes
r mony to writing, when done in Land Office, su,
q fees and allowances to be paid by the respect
: | parties; and no other fees shall be charged
n them in such cases. Nothing in this act shall
/, construed to enlarge affect the rights of eth
t party in regard to any property in controversy
a the time of the passage of this act or of the a
d entitled IAN act granting the right of way
o ditch and canal owners over the public land
n and for other purposes" approved July 90, lSt
% nor shall this act affect any right acquired und
said act and nothing in this act shall be co
d strued to repeal, impair, or in any way affect
b. provisions of the act entitled IAN act grant,
H. to A, sutro the right Of way and other privilee
a to aid in the construction of draining and G
ID ploring tunnel to the Comstock Lode, in t
or State of Nevada" approved July Goth, 1866.
AZ SEC. IS. That all afidavits required to
made under this act, or the act to which il
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
Il, all testimony and proofs may be taken Def,
m any such officer, and, when duly certified by
" officer taking the same, shall have the same TO
" and effect as II taken before the Register @
h 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
I. herein provided, on personal notice of at lie
10 Ten days 10 tne opposing party OF II SAID pa
as cannot be found then by publication Of at lie
in once week for thirty days in newspaper, to
ID designated by the Register Of the Land Once
v. | published nearest the location of such land;
ne the Register shall require proof that such not
O. has been given.
at SEC. IA That where two or more veins int
ID sect or cross each ether. priority Of title ST
u. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sp
he Of intersection: Provided, however, That
ng subsequent location shall have the right of '
h. through said space of intersection for the r
tn possesses of the convenient working OF the 8
rs mine: And provided also, That where two
RS more veins unite, the Oldest or prior locat
70 shall take the vein below the point Of union,
n Guiding all the space of intersection.
er SEC. Is. That where non-mineral land
ts contiguous to the vein or lode il 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
IN in an application for patent for such veil
10 lode, and the same may be patented therew
on subject to the same preliminary requirenie
II as to survey and notice as are applicable IN
he this act to veins or lodes. Provided, That
co location hereafter made Of such non-adjac
on land shall exceed Ave acres, and payment
ed the same must be made at the same rate as a
Of. by this act for the superfcies Of the lode.
re owner Of q quartz mill or reduction works,
,m owning mine in connection Herewith, I
be also receive a patent for his mill-site, rs pr
as ded in this section.
SEC. 16. That all acts and parts Of acts inc
3D. ha~ ka~ -.