Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-01

er fees, and file the certificate aud description
BIZ the surveyor-Cie neral, whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner ofthe 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 25th ls6G and July g. ls70. in the
case Of an individual. may consist in his own
affidavit thereof, and in case OF an association OF
persons unincorporated 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, 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. 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 a patent shall be
issued aforesaid for claims upon unsur
yeyed lands, the Surveyor General in extending
the surveys. shall adjust the same to the boun-
dsries of such patented Claims according to the
plat or description thereof, but as in no case
TO interfere with or change the location of any
such patented claim.
SEC. 9. That sections one, two, three four and
six. Of act entitled An Act granting the right
of way to ditch and canal owners over the public
lands. and fer other purposes approved July
tMtttN-hlAtl. eighteen anu tlNly-tlN.
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to final decision in the General Land
Office: hut in such 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 sct 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 of
this act.
SEC. TO- That the sct entitled AN Act to
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 10 vein or lode claims:
but where said plGcer-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 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
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. IL. That where the same person, associs-
ton or corporation in possession of a placer
claim, and also vein or lode included within
the boundaries thereof application shall be
40 Gov ybn all lat he
statement that it includes such vein or lode, and
in such case tsubject to the provisions of this
act and tho 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 five dollars per acre for such vein OF
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 OF
/ lode such as described in the second section OF
this act, il known to exist within the boundaries
! of placer-claim, an application for patent fol-
| such placer-clam, which does not include an ap.
] plication for the vein or lode claim ,sshall be
! construed as a conclusive declaration that the
! claimant 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, patent 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 distric
containing mineral lands many competen
surveyors ms shall apply for appointment to sur
Vey mining claims. The expenses of the surve,
of vein or lode claims, and the survey snd sub
division of placer claims into smaller quantitie
than one hundred and sixty acres, together will
the cost of publication of notices shall be paid b,
no.,
tain the same at the most reasonable rates, ant
they shall also be at liberty TO employ any United
States Deputy Surveyor to make the survey
The Commissioner of the General Land Ofnc,
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 charged
by such paper; and, to the end that the Commits
sioner may he 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-ofice, which statemen
shall be transmitted with the papers in til
case, to the Commissioner of the General Land
Office. The fees Of the Register and the Re
ceiver shall be five dollars each for filing an
acting upon each application for patent or ad
verse claim filed, 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 respectiy
parties; and no other fees shall be charged b
them in such cases. Nothing in this act shall b
construed TO enlarge or affect the rights of eithe
party in regard to any property In controversy O
the time OF the passage of this act, or of the &C
entitled IAN act granting the right of way I
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired unde
said act; and nothing in this act shall be cor
strued to repeal impair or in any way affect tn
provisions Of the act entitled IAN act grantin
, to A. Sutro the right Of way and other privilege
to aid in the construction of draining and ey
| ploring tunnel to the Comstock Lode, in tn
r State of Nevada" approved July Goth 1866,
Y SEC. -. That all affidavits required to |
4 made under this act, or the act to which il
amcndatory, may be verified before any offic,
4 authorized to administer oaths within the Ian
district where the claims may be situated al
all testimony and proofs may be taken befo,
any such officer, and, when duly certified by Il
officer taking the same, shall have the same for
and effect as If taken before the Register al
Receiver of the Land Office. In cases Of conte
as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided, on personal notice of at lea
ten days to the opposing party; or if said par
cannot be found then by publication Of at lea
once week for thirty days in newspaper, to |
| designated by the Register of the Land Office
i. published nearest the location of such land; al
the Register shall require proof that such mott,
: has been given.
SEC. IA. That where two or more veins int
sect or cross each other, priority of title sha
govern, and such prior location shall be entitlt
3 to all ore or mineral contained within the spa
e of intersection: Provided, however, That Il
Z subsequent location shall have the right of W,
through said space of intersection for the pu
possesses Of the convenient working Of the sa
mine: And provided also, That where two
more veins unite, the oldest or prior locate
shall take the vein below the point of union i
Guiding all the space of intersection.
Sec. 10. That where non-mineral land n
contiguous to the vein or lode is used or occ
pied by the proprietor of such vein or lode (,
mining or milling purposes, such non adj cel
surface ground may be embraced and include
in an application for patent for such vein {
lode, and the same may be patented therewitl
subject to the same preliminary requirement
as to survey and notice as are applicable undo
this act to veins or lodes: Provided, That n
location hereafter made of such non-adj acer
land shall exceed five acres, and payment &c
the same must be made at the same rate as fixe
by this act for the superfcies Of the lode Tn
owner Of a quartz mill or reduction works; nc
owning mine in connection Herewith, ma
also receive a patent for his mill-ste, as prov
ded in this section.
SEC. 10. That all acts and parts of acts incor
sistent herewith are hereby repealed: Provided
l hat in .lNnn