Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-17


pay for his portion of the claim, with the prop
n fees. and file the certificate and description
by the Surveyor-General, whereup0n the register |
shall certify the proceedings and judgment-roll |
10 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 2sth 1866, and July O. 1870, in the
case Of an individual, may consist in his own |
Affidsvt thereof and in case OF association Of
persons unincorporsted Of the sfhdAvit 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 Territory Of the
United States, by the filing of certified copy Of
their charter 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 g. 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 q patent shall be
issued as aforesaid for claims upon unsur-
veyed lands, the 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.
SEC. 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 si1ty-six,
are hereby repealed. but such repeal shall not
affect existing rights. Applications Tor patents
for mining claims now pending may he prose
outed TO q 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
Il. hall .ENtul. Aa
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 ditch
and canal owners over the public lands, and Tor
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain in
full force. except as to the proceedings to obtain
! a 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-clsims 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
unsuryeytd 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 e1-
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 pre-emption purposes.
SEC. IL. That where the same person. associa
ton 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 hat II 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 acl
granting the right of way 10 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 thu
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 an!
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 avein o.
lode such as described in the second section o.
this act is known to exist within the boundaries
Of a plscer-claim, an application for patent fo
such placer claim, which does not include an ap
plication for the vein or lode claim, shall bl
construed as a conclusive declaration that tn,
session Of the vein or lode claim; but where tn,
existence Of a vein or lode in placer claim is no
known, apatent for the placer claim shall conve.
| all valuable mineral and other deposits withil
, tn. boundaries thereof.
/ SEC IL That the Surveyor General Of tn
/. United States may appoint in each land distric
o containing mineral lands as many competeI
o surveyors as shall apply for appointment to SUI
c vey mining claims. The expenses of the surve
$ of vein or lode claims, and the survey and sui
4 division of placer claims INTO smaller quantitit
c than one hundred and sixty acres, together wit
l. the cost of publication of notices, shall be paid
the applicants and they shall be at liberty to oil
4 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 surve,
e The Commissioner of the General Land OfiC
/ shall also have power to establish the maximum
/. | charges for surveys and publication of notct
A under this act; and in case of excessive charg,
S for publication, he may designate any newspap'
Il published in land district where mines Al
e situated, for the publication Of mining notic'
Il in such district, and fix the rates to be charge
Il by such paper; and, to the end that the Commi
IS sioner may be fully informed on the subjec
No 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
a. and Receiver Of the land-Offce, which stateme
4, shall be transmitted. with the papers in Il
s case, to the Commissioner of the General Ian
e. Office. The fees Of the Register and the X
re ceiver shall be five dollars each for filing al
NJ acting upon each application for patent q
is verse claim filed, and they shall be allowed t
t. amount fixed by law for reducing ties
or nony to writing, when done in Land Office, su
IN fees and allowances to be paid by the respect
r. parties; and no other fees shall be charged
On them in such cases. Nothing in this act shall
m construed to enlarge affect the rights Of eitf
al 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
4 .tal. mil mn axsAr m do Law
i'm and for other purposes, approved July 26, 10
no nor shall this act affect any right acquired uni
said act; and nothing in this act shall be C,
ed strued to repeal, impair, or in any way affect
ob. provisions of the act entitled IAN act grant
on, to A. sutro the right of way and other privile
e to aid in the construction Of a draining and
ted ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866.
nav SEC. 10. That all afidavits required to
n n made under this act, or the act to which 1t
zee amendatory, may be verified before any off
i'm authorized to administer oaths within tht l.
di district where the claims may be situated
-sl, all testimony and proofs may be taken BET
i'm any such officer, and, when duly certified by
by officer taking the same shall have the same Il
NV and effect as If taken before the Register
,ch Receiver Of the Land Office. In cases Of con
Gu as to the mineral or agricultural character
re. land the testimony and proofs may be takel
at herein provided, on personal notice of at !,
wo ten days to the opposing party; or If said pr
as cannot be found, then by publication of at |,
, in once week for thirty days in newspaper, I,
led designated by the Register of the Land Ofic
nv published nearest the location Of such land;
the the Register shall require proof that such no
no. has been given.
hat SEC. IA. That where two or more veins in
Tod sect or cross each other, priority Of title s
sig govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
the of intersection Provided, however. That
ling subsequent location shall have the right of
ith. through said space of intersection for the
nth possesses of the convenient working of the
ties mine: And provided also, That where tive
lars more veins unite, the Oldest or prior loca
we. shall take the vein below the point Of union
an. Guiding all the space ofintersection.
her SEC. Is That where non-mineral land
cts contiguous to the vein or lode is used or o
the pied by the proprietor of such vein or lod,
, be mining or milling purposes, such Don-sdja
, of surface ground may be embraced and inclr
lall in an application for patent for such vel
no. lode, and the same may be patented therev
, on subject to the same preliminary requirenl
If as to survey and notice as are applicable VI
the this act to veins or lodes: Provided, Tha
hice location hereafter made OF such non-adJa
lion land shall exceed five acres, and paymen
lied the same must be made at the same rate as
OF by this act for the superhcies of the lode
arse owner of q quartz mill or reduction works
-om owning . mine in connection herewith,
be also receive patent for his mill site, as pl
has ded in this section.
SEQ. l6 That all acts and parts Of acts in
=, eistept herewith are herebv repealed PrOyi