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

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preceding case, and patents shall issue 10 the 1
several pNrties according 20 their respective 4
rights Prof Of eitizelship under this act, or
tie act q July e5ih l5os, and July 3. ls1o IN TIE
eszs q an individual, may cOnsls; IL his OWL
t1dAyit thereof. and IL case Of an ASSOCIATION Of
psrsufIs uuino0-Tors.ed Of the xtsdAyit Of their
authorized agent. made On his OWE fnowledge or
upcn information and belief, and in case Of
c1rporztiln Orgxnized under the laws o. the
United sfGtes, OF Of Any State Territory O. the
United States, by the tling Of : certified copy Of
their charter or certificate Of Incorporated; and
nothing herein contained shall be construed 20
prevent the Alienation Of the title conveyed By
patent for = mining claim to any person what
ever.
SIC = That the description Of vein or lode
claims upon surveyed LANDS, shall designate the
location al the claim with reference 70 the lines
Of the public surveys, but need not conform
ihereEith: but where . patent shall be
Issued a. Aforesaid for claims upon unssr-
yeyed lands. the Surveyor General IN extending
the surveys. shall Adtus: The same 10 the boun-
diaries Of such patented claims, according to the
plat or description thereof. but 50 IS in no case
10 Interfere with or change the location Of any
such patented claim.
sac. 9. That sections one. two. three. four and
siN Of al act entitled An Act granting the right
Of way TO ditch and canal owners over the public
lands and fg- other purposss, approved July
tweuty-si1th. eighteen hundred and sixty-sln,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
cuted to hnal decision in the General Land
once but in such cases where adverse rights
aye not Affected thereby, patents may Issue IN
pur-uEuCe Of the provisions Of this act and al
patsnts for mining CLAIMS heretofore issued
under the at Of July twenty sixth, eighteen
hundred and siHty-siX shall convey all the rights
and privileges conferred by this act where no
adyersa rights exist At the time 81 the passage Of
this act.
an - he
aud canal owners over the public lands, and for
. other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain III
full force except as 70 the proceedings 10 obtain
a patent which shall be similar to the proceed
iuls presented BY sections SIX and seven Of this
act for obtaining patents TO vein or lode claims
but where said placer-claims shall be upon eur
veyed lands and conform TO legal subdi VISIONS,
10 further survey or plat shall be required, and
all placer mining claims hereafter located shall
. conform A. 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
plAoer-clAims cannot be conforTned 70 legal sub
/ division. survey and plat shall be made as On
uusuryeyfd lands. Provided, That proceedings
now pending may he prosecuted 70 their FINAL
determination under existing laws; but the pro-
visions Of this sCt. when not in conflict with eI-
isting laws, shSll apply 70 such cases: And pro
yidsd also. That whore 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. Tor Homestead or presumption purposes
SEC II. 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 plsosr-clAim, with the
stat hat it includes such vein or lode, and
in such case fsubject TO the provisions Of this
nr.a he - gTTTs ID n n
granting the night Of way TO 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 oil
lode clsim, and twenty-five feet Of surface Oh
each side thereof The remainder Of the placer
claim. or any placer claim not embracing any
vein OF lode claim. shall be paid for At the rats
q two dollars and fifty cents per acre, together
with all costs Of proceedings, and where vein Of
lode such al described in the second section o.
this act. Is known TO exist within the boundaries
Of piAcerclaim. an application for paten, fo
such plaCer.clhin, which does not include an Ap
plication for the vein or lode claim, shall b.
. construed a. conclusive declaration that tn
ella mant Of the placer-clEim 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, patent for the placer claim shall eonve
ell valuable mineral and other deposits With
4 tn boundaries thereof
E SEC. u That the Surveyor General Of tn
. ( United States may appoint in each land distriC
o containing mineral lands as many competer
o surveyors as shall apply for appointment to su
e vcy mining claims. The expenses of the surve
q of vein OF lode claims, and the survey and sui
4 diyisi09 Of placer claims INTO smaller quantiti,
g than one hundred and sixty acres, together wit
= the cost Of publication of notices, shall be paid
r the applicants and they shall be at liberty to oil
i tain the same at the most reasonable rates, an
they shall also be at liberty oemploy any Unite
H. Co.. IA Es he so
e The Commissioner of the General Land Ofit
shall also have power to establish the maximul
l. charges for surveys and publication OF notice
Il under this act; and, in case of excessive charg
Is for publication, he may designate any newspap
Il published in land district where mines a
e situated, for the publication Of mining motto
4 in such district and FIX the rates to be charg'
II by such paper; and, to the end that the CoInmi
ls siOner may be fully informed on the subjeS
,e each applicant shall file with the Register
10 sworn statement Of all charges and fees paid
ne said applicant for publication and surveys,
n gether with all fees and money paid the Resist
Il. and Receiver Of the land-Ofice, which ststeme
a. / shall be transmitted, with the papers in I
n case to the Commissioner of the General Lar
e. Once. The fees Of the Register and the
re ceiver shall be five dollars each for filing a
Of acting upon each application for patent OF ,
lis verse claim filed and they shall be allowed I
or mouy to writing, when done in Land Office, su
On 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 sha Il
m construed TO enlarge or affect the rights Of etl
at party in regard to any property in controversy
in the time Of the passage OF this act. or OF the
Id entitled AN act granting the right Of way
to ditch and canal owners over the public Ian
i'm and for other purposes" approved July 20, Is
no nor shall this affect any right acquired UNI
said act; and nothing in this act shall be c.
ed strued to repeal, impair, OF in any way affect
d. provisions of the act entitled IAN act grant
Jn TO A. Sutro the right OF way and other privile
e a to aid in the construction Of draining and
ted ploring tunnel to the Comstock Lode, in
or State of Nevada" approved July 25ih, 1866.
nav SEC. II. That all Gffdavits required to
y a made under this act, or the act to which it
&C. amendatOry, may be verified before any Off
i'm authorized to administer oaths within the Il
di- district where the claims may be situated,
nj, all testimony and proofs may be taken Def
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the fo
nv and effect az IL taken before the Register
eli Receiver Of the Land Office. In cases Of cont
cu- az to the mineral or agricultural character
re- lsnd the testimony and proofs may be taker
at herein provided, on personal notice Of at ID
wo ten days to the opposing party; or If said pa
as cannot be found, then by publication of at !,
in once week for thirty days in a newspaper, t.
led designated by the Register Of the Land Offic
wv published nearest the location Of such land;
the the Register shall require proof that such no
no. has been given.
hat SEC. Il. That where two or more veins in
iod sect or cross each other, priority OF title 81
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
ing subsequent location shall have the right Of
it'll through said space Of intersection for the
18th possesses Of the convenient working Of the
ties mine: And provided also, That where two
ars more veins unite the Oldest or prior loca
we. shall take the vein below the point of union
an GLIDING all the space of intersection.
her SEC. l5 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 lode
be mining or milling purposes, such non-adja
| of surface ground may be embraced and inclr
iall in an application for patent for such vel
no. lode, and the same may be patented therev
on subject to the same preliminary requirenp
II as to survey and notice as are applicable VI
the this act to veins or lodes: Provided, Tha
ice location hereafter made Of such non-adja
ion land shall exceed Ave acres, and payment
led the same must be made at the same rate as I
Of by this act for the superfcies Of the lode.
rse owner of q quartz mill or reduction works.
ON owning a mine in connection Herewith,
be also receive a patent for his mill-eite. as pr
has ded In this section.
SEC. 16 That all acts and parts Of acts in
be sistent herewith are hereby repealed: Pruvi
be That nothing contained In this act shall be
the strued to impair, in any way, rights or inter
les in mining property acquired under existing Il
no. Approved May 10. 1872.
md
all | CHAP CCXIv An Act to amend an Act emit