Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-15

reeeding case. and patents shall issue to the 1
eyeral parties according TO their respective 1
lights. Proof of citizenship under this act, or 1
he act Of July 26th 1866 and July 9. 1870, in the
sse Of an individual, may consist in his own
fidSvit thereof and in case OF an association OF
ersons unineorporated Of the affidavit of their
agent, made on his own knowledge or
Ipon information snd belief, and in case Of
orporation organized under the laws Of the
jnited states or OF any State or Territory of the
Jnited States, by the filing Of certified copy OF
heir charter or certificate of incorporation; and
lothing herein contained shall be construed TO
lrevent the alienation Of the title conveyed by
istent for mining claim to any person what
yer.
SIC 9. That the description of vein or lode
,laims, upon surveyed lands, shall designate the
ocation az the claim with reference TO the lines
# the public surveys, but need not conform
here with: hut where Q patent shall De
ssued as aforesaid for claims upon unsur-
reyed lands, the Surveyor General in extending
he surveys shall adjust the same to the botin-
iaries of such patented claims, according to the
plat or description thereof, but so SIS in no case
to interfere with or change the location OF any
such pstented claim.
SIC O. 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
twcnty-siNth. eighteen hundred and sixty-six,
are herrby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted TO q iinal decision in the General Land
Office; but in such cases where adverse rights
are not affected thereby, patents may issue in
pursuance IF the provisions of this act and all
patents for mining claims heretofore issued
under the act II July twenty-sixth, eighteen
hundred and sixtysix, 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,
sEC, TO- That the act entitled An Act to
amend an set granting the right OF way TO ditch
snd 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 10 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 Netn or lode claims;
but where said placer-claims shan be upon sur
yeyed lands, and conform to legal suodlvlslons,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform near as practicable Win Inc unlteu
States system of public land surveys and the
rectangular subdivisions OF such surveys, ahu
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 SIS on
unsuryeyfd lands Provided, That proceedings
now pending may be prosecuted TO their maj
determination under existing laws but the pro-
visions of this act, when not in conflict with ex'
listing laws shall apply 10 such cases And pro.
yided 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 1ay party qualified by
law for homestead or - emption purposes.
SIC. II. That where the same person, associs-
tion 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 plaeer-clsirn, with the
statement hat il includes such vein orlode, and
in such case subject 10 the provisions OF this
act and the act entitled IAN 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 ct the rate
of two dollars and fifty cents per acre, together
with all costs of proceedings; and whereavein OF
lode such as described in the second section OF
this act is known to exist within the boundaries
of a placer-claim, an application for patent fol
such placer-claim, which does not include an ap
plicatiou for the vein or lode claim, shall be
construed as II conclusive declaration that the
ella mant of the placer-claim has no right of pos
session Of the vein or lode claim; but where tht
existence Of a vein or lode in piacer-cla is no
known q patent for the placer claim shall conve!
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. u That the Surveyor General Of thu
United States may appoint in each land distiic
containing mineral lands as many competen
| surveyors shall apply for appointment to SUI
/ vey mining claims. The expenses of the surve
| OF vein OF lode claims and the survey and sui
! division of placer claims INTO smaller quantitie
/ than one hundred and sixty acres, together wit
the cost OF publication of notices, shall be paid
! theapplcants, and they shall be atlibertyto 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-Ofhc
| 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, be may designate any newspapt
| published in land district where mines Al
| 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, :
gether with all fees and money paid the Resist
and Receiver of the land-otfce, which statemel
shall be transmitted, with the papers in Il
case, to the Commissioner of the General Ian
Once. The fees Of the Register and the r
ceiyer shall be five dollars each for filing al
acting upon each application for patent or a
verse claim fled and they shall be allowed L
amount fixed by law for reducing ties
mony to writing when done in Land Office, SUI
fees and allowances to be paid by the respect
parties; and no other fees shall be charged
them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
party in regard to any property in controversy
the time of the passage of this act, or OF the I
entitled "An act granting the right Of way
, ditch and canal owners over the public LAM
, and for other purposes" approved July &c, 10
! nor shall this act affect any right acquired unt
said act; and nothing in this act shall be &C
/ strued to repeal, impair, or in any way affect
. ! provisions of the act entitled IAN act grant
/. to A. sutro the right Of way and other privilel
a to aid in the construction of d draining and
4 ploring tunnel to the ComstocR Lode, in
n State Of Nevada, approved July 2oih, 1865.
V SEC. -. That all afiidavits required to
a made under this act, or the act to which it
p amendatory may be verified before any Off
n authorized to administer oaths within the l.
i district where the claims may be situated,
| all testimony and proofs may be taken bef
a any such officer, and, when duly certified by
~ officer taking the same, shall have the same fc
:. and effect as II taken before the Register
il Receiver OF the Land Office. In cases Of con
l. as to the mineral or agricultural character
a. land, the testimony and proofs may be takel
t. herein provided on personal notice of at Il
o ten days to the opposing party; or II said pi
IS cannot be found, then by publication Of at i
n once week for thirty days in newspaper, Il
d designated by the Register of the Land Othc
2. published nearest the location Of such land;
,e the Register shall require proof that such no
0. has been given.
AZ SEC IA That where two or more veins in
I'd sect or cross each other, priority of title s
o. govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
he Of intersection: Provided, however, That
no subsequent location shall have the right Of
n. through said space of intersection for the
IN possesses of the convenient working Of the
es | mine: And provided also, That where tw,
"a more veins unite, the oldest or prior loca
r. shall take the vein below the point of union
n. GLIDING all the space ofintersection.
ar SEC Is. That where nonmineral land
10 | contiguous to the vein or lode is used or 0
he pied by the proprietor of such vein or lodi
be mining or milling purposes, such non-adja
Of surface ground may be embraced and incll
n in an application for patent for such vel
a. lode, and the same may be patented therev
IN subject to the same preliminary requireni
II as to survey and notice as are applicable Vi
he this act to veins or lodes: Provided, Tha
CO location hereafter made Of such non-adja
nm land shall exceed FIVE acres, and paymen
ed the same must be made at the same rate -
~. | by this act for the superficies Of the lode.
90 owner of q quartz mill or reduction works
I'M owning a mine in connection Herewith,
he also receive a patent for his mill -site. as pl
as ded in this section.
SEC. 16 That all acts and parts Of acts in
be | sistent herewith are hereby repealed: Provi
he That nothing contained in this act shall be
he strued to impair, in any way, rights or inte
20 in mining property acquired under existing !
o. Approved May 10. 1872.
n CHAP. CCXIv. An Act to amend an Act ent
an AN Act to promote the Development Of