Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-13


by the surveyor-General, whereupon the register
shall certify the proceedings and judgment-roll
10 the Commissioner ofthe 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 ls66. and July 9, 1870 in the
case OF an individual. may consist in his own
affidavit thereof, and in case of an association Of
persons unincorpora'ed 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 a
patent for q mining claim to any person what
ever.
SIC 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 patent shall be
issued as aforesaid for claims upon unsur-
yeyed lands, the Surveyor General in extending
the surveys shall adj Just the same to the boun-
daries 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. 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 overthe public
lands, and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty six,
are hereby repealed, but such repeal shall not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; 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
hundred and sixty six. shall convey all the rights
and privileges conferred by this act where nc
adverse rights exist at the time OF the passage OF
this act.
SEC. 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 foi
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain IL
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 near 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 Oh
unsuryeyGd lands: Provided, That proceedings
now pending may he 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, associa
ton or corporation in possession OF q placer
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the plscer-claim, with the
statement that il includes such vein or lode. and
in such case Subject to the provisions of thi.
act and the act entitled "An act to amend an act
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 the
payment Of five dollars per acre for such vein oil
lode claim, and twenty feet of surface OF
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 oil
lode, such as described in the second section Of
this act, is known to exist within the boundarie,
of a placer-claim, an application for patent fol
such plscer-claim which does not include an a p
plicatiOn for the vein or lode claim, shall bt
construed Il conclusive declaration that thu
ella mant of the placer-claim has no right o pos
session Of the vein or lode claim; but where the
existence of vein or lode in placer claim is moi
known, patent for the plscer-claim shall convey
all valuable mineral and other deposits within
TIL 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 sur
Vcy mining claims. The expenses of the surv e.
] claims
division of placer claims into smaller quantitie
than one hundred and sixty acres, together witt
the cost of publication of notices, shall be paid b.
the applicants and they shall be at liberty TO OBJ
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 Offic,
shall also have power to establish the maximum
charges for surveys and publication of notice.
under this act; and, in case of excessive charger
for publication, he may designate any newspape
published in a 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 be 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, 10
gether with all fees and money paid the Resis.c
and Receiver of the land-otfice, which statemen
shall be transmitted, with the papers in tn
.
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 til
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
the time Of the passage of this act, or of the Nc
entitled AN act granting the right of way
ditch and canal owners over the public land
and for other purposes" approved July &C. 1856,
nor shall this act affect any right acquired undo
said act; and nothing in this act shall be col
strued to repeal, impair, or in any way affect II
provisions of the act entitled IAN act grantin
to A. Sutro the right Of way and other privileg,
to aid in the construction Of draining and el
ploring tunnel to the Comstock Lode, in ii
State of Nevada" approved July 25th, 1866.
SIC. Il. That all aihdavits required to
made under this act, or the act to which Ii
amendatOry, may be verified before any offic,
authorized to administer oaths within the Ian
district where the claims may be situated an
all testimony and proofs may be taken befol
| 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 an
| Receiver OF the Land Office. In cases of cunte
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 a week for thirty days in newspaper, to
designated by the Register of the Land Office
published nearest the location of such land; az
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 shs
govern, and such prior location shall be entitl,
| to all ore or mineral contained within the spa
of intersection: Provided, however. That Il
subsequent location shall have the right of WI
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 locati,
shall take the vein below the point Of union, 1
GLIDING all the space of intersection.
SEC. Is. That where non-mineral land n
contiguous to the vein or lode is used or occ
pied by the proprietor Of such vein OF lode I
mining or milling purposes, such non adj lace
surface ground may be embraced and includ
in an application for patent for such vein
lode, and the same may be patented therewit
| subject to the same preliminary requirenler
as TO survey and notice as are applicable und
, this act to veins or lodes: Provided, That
location hereafter made of such non-adjac
land shall exceed five acres and payment
the same must be made at the same rate a. fix
: by this act for the superhcies of the lode T
} owner of q quartz mill or reduction works, 4
owning q mine in connection Herewith m
ded in this section.
SIC. 16. That all acts and parts of acts inct
E sistent herewith are hereby repealed: Pruvid,
= That nothing contained in this act shall be C
E strued to impair, in any way, rights or intere
/, in mining property acquired under existing Law