Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-07

pay for his PORTION Of the claim, with the prop
y fees, and file the certificate and description
BY the surysyor-General. whereupon the register
shah certify the proceedings and judgmenf-rol
to the Commissioner ofthe Land Once as IN the
preceding case. and patents shall issue 10 the
several parties according to their respective
rights Proof Of citizenship under this act, or
the act Of July 18th lsos, and July o. 1870 in the
case II an individual, may consist in hi. Owl
affidavit thereof. and in case Of an association Of
persons unincorpora.ed Of the AttdAvit Of their
authorized agent. made on his own knowledss or
upon Information and belief and In case Of
corporation organized under the laws Of the
United Siates, or Of any State 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
SIC. 2. That the description Of vein or lode
claims. upon surveyed lands. shall designate the
location Of the claiIa with reference TO the lines
Of the public surveys. but need not conform
Herewith; but where 3 patent shall be
issued aforesaid for claims upon unsur-
yeyed lands, the Surveyor General in extending
the surveys, shall adjust the same 10 the boun-
daries Of such patented claims, according to the
plat or description thereof, but 80 a. in no case
to interfere with or change the location Of any
such patented claim.
SEC. .. That sections one, two three, four and
Xix. Of an act entitled An Act granting the right
Of way 10 ditch and canal owners over the public
lands, and for other purposes, approved July
twsnty-siIth. eighteen hundred and sI1ty-six
are hereby repealed, but such repesl shall not
affect existing rights. Applications for patents
for mining claims now pending may lie prose
Cuted 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-sirth, eighteen
hundred and siTty-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.
/ SIC. 10. That the act entitled An Act to
amend an act granting the right Of way 10 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 plscer-claims shall be upon sur
yeyed lands, and conform to legal subdivisions,
no further survey or plat shall be required, and
all placer miuiDg claims hereafter located shall
conform is 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-clsims cannot be conformed to legal sub
division, survey and plat shall be made as on
uusuryeyGd lands: Provided, That proceedings
determination under existing laws; but the pro-
visions Of this act, when not in conflict with eI-
isting 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.
SIC. IL. That where the same person, associa-
ton or corporation in possession Of a placer
claim. aud also a vein or lode included within
the boundaries thereof, application shall be
made for patent for the plAcer-claim, with the
statement thst it includes such vein or lode, and
il such tsubject TO the provisions of this
act and the 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 q 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
If two dollars aud 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 a plhcer-claim, AN application for patent fol
such placer-claim, which does not include an Up
I plicatiOn for the vein or lode claim, shall bt
| construed as conclusive declaration that tn.
/ ella mant of the placer-clam has no right o pos
|
existence Of Vein or lode in placer claim is mo-
known, Hpatent for the placer claim shall conye,
/ all valuable mineral and other deposits within
! tn boundaries thereof.
SEC. II That the Surveyor General OF tn
United States may appoint in each land distric
| containing mineral lands many competen
surveyors as shall apply for appointment to SUI
vey mining claims. The expenses of the surve
of vein or lode claims, and the survey and sui
divisiOi Of placer claims INTO smaller quHntitie
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 oh
tain the same at the most reasonable rates, AM
they shall also be ct liberty to employ any Unite,
States Deputy surveyor to make the survey
The Commissioner of the General Land Otiic
shall also have power to establish the maximum
charges for surveys and publication of notice
under this ect and, in case of excessive charge
for publication, he may designate any newspape
published in II land district where mines ar
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,
siOuer 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, I,
gcther with all fees and money paid the Resistt
and Receiver Of the land.Office, which statemeI
shall be transmitted, with the papers in I'll
case, to the Commissioner of the General Lane
Office. The fees OF the Register and the r.
ceiver shall be five dollars each for filing an
( acting upon each application for patent or a,
! verse claim filed, and they shall be allowed II
amount fixed by law for reducing test
r mony to writing, when done in Land Office, sue
4 fees and allowances to be paid by the respect,
parties; and no other fees shall be charged
a 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 a
| entitled IAN act granting the right of way
o ditch and canal owners over the public land
] mr. f1rp nj y1frr nrr al I'm v
o nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
strued to repeal impair, or in any way affect Il
> provisions of the act entitled IAN act grantil
/, to A. Sutro the right of way and other privieg
to aid in the construction of draining and e
d plOring tunnel to the Comstock Lode in 4
n State of Nevada" approved July Goth, 1866
y SEC. 10. That all athdavits required TO
a made under this act, or the act to which ii
E, amendatory, may be verified before any ofie
n authorized to administer oaths within the lsl
l. district where the claims may be situated, Al
|, all testimony and proofs may be taken befo
n any such officer, and, when duly certified by I
v officer taking the same, shall have the same for
v and effect as il taken before the Register a.
h Receiver of the Land Office. In cases Of conte
l. as to the mineral or agricultural character
= lind, the testimony and proofs may be taken
b herein provided, on personal notice of at lea
o ten days to the opposing party; or If said par
Is cannot be found then by publication of at lei
N once a week for thirty days in newspaper, to
d designated by the Register of the Land Office
y published nearest the location of such land; a
e the Register shall require proof that such mott
y has been given.
4 SEC. IA. That where two more veins int
d sect or cross each other, priority Of title sh
T. govern, and such prior location shall be enttl
re to all ore or mineral contained within the spa
le of intersection Provided, however, That
Ig subsequent location shall have the right of "
l. through said space of intersection for the p,
h possesses of the convenient working OF the i,
~ mine: And provided also. That where two
IS more veins unite, the oldest or prior locati
p shall take the vein below the point Of union,
l. Guiding all the space ofintersection.
r SEC. IS. That where mineral land
IS contiguous to the vein or lode is used or oc,
e pied by the proprietor Of such vein or lode
70 mining or milling purposes such non-adjact
# surface ground may be embraced and includ
II in an application for patent for such vein
y lode, and the same may be patented therewi
n subject to the same preliminary requirenei
II as to survey and notice as are applicable und
10 this act to veins or lodes Provided, That
o location hereafter made of such non-adjact
n land shall exceed five acres, and payment
d the same must be made at the same rate AZ fix
+ by this act for the superfcies Of the lode. 7
q owner Of quartz mill or reduction works, I
n owning a mine in connection Herewith, m
G also receive patent for his mill-sife. as pro
a ded in this section.
Cv-x, a tu1I 4 80 80. 49, L.