Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-07

that several parties are entitled 10 separate and
difersni portions Of the claim, each party may
pay for his portion Of the claim. with the prop
or fees. and file the certificate and description
by the surveyorGenerzl, vhsreupon the register
shall certify the proceedings and judgment-rou
to the Commissioner ofthe Land Once, as in the
preceding case. and patents shall issue 10 the
seyersl parties according to their respective
rights. Proof Of citizenship under this set, or
the at Of July 2sth lsG6. and July o. 1910. in the
u an individual. may consist in his own
A5dsyit thereof, and in case Of an Association OF
persons unincorpors'ei Of the AtndAyit 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 or Of any State or Territory OF the
United States. by the fling Of . certified copy Of
their charter or certificate Of Incorporation; and
nothing herein contained shall he construed to
prevent ths aliensiion Of the title conveyed BY q
patent for mining claim TO any person ~hAi-
ever.
Sec This, 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 De
issued as aforesaid for claims upon unsnr-
yeyed lands, the surveyor General in extending
the surveys shall adjust 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 g. 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 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are hereby repealed but such repeal shall not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 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
hundred and sixty six, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist st the time OF the passage OF
/ this act
SIC 10. That the act entitled AN Act to
I amend an get granting the right Of way to ditch
/ and canal owners over the public lands, ard 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 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 al 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 ccnformed to legal sub
unsuryeyfd 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 eI-
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 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 tina, it includes such vein or lode, and
in such Subject to the provisions Of this
act and the act entitled IAN act to amend an ac'
granting the right Of way TO 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 tn,
payment Of i've 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 vein o.
lode, such as described in the second section o
this act, is known to exist within the boundarie
. OF plAcer-elaim, All application for patent 10
such placer-claim which does not include an ap
plication for the vein or lode claim, shall b.
construed as q conclusive declaration that tn
ella lnant of the pacer-claim has no right Of pos
! session OF the vein or lode claim; but where tn
existence of vein or lode in placer claim is no
known, apatent for the plGcer-cls shall conve
all valuable mineral and other deposits within
] til boundaries thereof.
e SEC. IL That the Surveyor General OF tn
= United States may appoint in each land distric
containing mineral lands as many competer
surveyors as shall apply for appointment to sui
g vcy mining claims The expenses Of the surv e
lofNs do platr and In and gttl
u dvisiO of placer claims INTO smaller quantitie
c than one hundred and sixty acres, together wit
y the cost of publication of notices shall be paid
T the applicants and they shall be at liberty to oil
u tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
y States Deputy Surveyor to make the surve,
G The Commissioner Of the General Land Offc
q shall also have power to establish the maximum
i charges for surveys and publication of notice
u under this act; and in case of excessive charge
s for publication, he may designate any newspap,
II published in land district where mines n
e situated for the publication of mining motto,
;, in such district and fix the rates to be charge
II by such paper; and, to the end that the Commi
is soner may be fully informed on the subiec
Ne each applicant shall file with the Register
o sworn statement Of all charges and fees paid /
he said applicant for publication and surveys, t
n gether with all fees and money paid the Resist,
a. and Receiver of the and-office, which statemei
L. shall be transmitted, with the papers in Il
s. case, to the Commissioner OF the General Lam
e. Office. The fees OF the Register and the r
re esiver shall be five dollars each for filing al
Of acting upon each application for patent n
is verse claim filed. and they shall be allowed Il
It, amount fixed by law for reducing ties,
or mony to writing, when done in Land Office. SUE
IN fees and allowances to be paid by the respecti
r. parties and no other fees shall be charged |
IN them in such cases. Nothing in this act shal
n, construed to enlarge affect the rights Of eth
at 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
TO ditch and canal owners over the public land
m and for other purposes approved July &c, 1876
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
"a strued to repeal, impair. or in any way affect Il
b. provisions OF the act entitled IAN act grantil
IL, to A. Sutro the right Of way and other privieg
to aid in the construction of q draining and q
I'd ploring tunnel to the Comstock Lode, in Il
or State of Nevada" approved July 25th, 1865.
ny SEC. IS. That all afYidavits required TO
b made under this act, or the act to which it
e, amendatory, may be verified before any offc
IN authorized to administer oaths within the lai
IL district where the claims may be situated, n
w. all testimony and proofs may be taken befo
IN any such officer and, when duly certified by &
~ officer taking the same shall have the same for
~ and effect rs II taken before the Register 81
h Receiver Of the Land Office In cases Of conte
u as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
u herein provided. on personal notice of at lea
70 ten days to the opposing party; or if said par
as cannot be found, then by publication of at lie.
in once week for thirty days in a newspaper, to
I'd designated by the Register Of the Land Office
" published nearest the location Of such land; a.
ne the Register shall require proof that such mott
o. has been given.
at SEC IA. That where two or more veins int,
ID sect or cross each other, priority OF title sh,
g. govern, and such prior location shall be entitl
ne to all ore or mineral contained within the spa
lie of intersection: Provided, however. That t
lg subsequent location shall have the right Of W
n through said space Of intersection for the pr
IN possesses Of the convenient working Of the so
e' mine: And provided also, That where two
RS more veins unite, the Oldest or prior locate
e. shall take the vein below the point of union,
n Guiding all the space of intersection.
er SEC. Is. That where non-mineral land n
Us contiguous to the vein or lode is used or occ
he pied by the proprietor Of such vein or lode (
be mining or milling purposes, such non-adjace
OF surface ground may be embraced and includ
al in nh application for patent for such vein
To- lode, and the same may be patented therewit