Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-11

different portions Of the claim, each party may
pay for his portion 0! the claim, with the prop
er fees and file the certificate and description
by the Suryeyor-Gsneral. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner ofths Land Once, a. 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 1866, and July g. 1870 in the
case Of an individual, may consist in his own
sfidavt thereof, and in case of an Ascension OF
persons unincorporated Of the afhdAvit 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 Territory Of the
United States, by the filing Of certified copy OF
their charter or certificate Of incsrporsnon; And
nothing herein contained shall be construed 10
prevent the alienation Of the title conveyed By
patent fer mining claim to any person whA'-
ever.
SEC 8. That the description Of vein or lode
claims. upon surveyed lands. shall designate ihe
location of the claim with reference 10 the lines
Of the public surveys, but need no. eIaioIn
Herewith; but where patent shsu De
issued as Aforesaid for claims upon unsur-
yeyed lands, the Surveyor General IN extending
the surveys shall adius. the same 10 the boun-
daries of such patented claims, according 10 me
plat or description thereof, but 50 Is in no casa
10 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 night
Of way to ditch and canal owners over the public
lands and for other purposes approved July
twenty-siIth. eighteen hundred and sixty -siI,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims rov pending msy De 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-siIth, eighteen
hundred aud sixty 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 set entitled An Act to
amend an act granting the right OF way to ditch
and canal owners over the public lsnds, and Tor
other purpose approved July ninth, eighteen
hundred and seventy, shall be and remain in
full force except as 10 the proceedings to obtain
patent which shall be similar to the proceed
ings prescribed by sections SIX and seven OF TINS
act for obtaining patents 10 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 mining claims hereafter located shall
conform rs 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
plscer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveysd 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.
yided also. That where by the segregation OF
mineral land in any legal subdivision 9 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 pre-emption purposes.
SEC. II. That where the same person, sssocia-
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 plscer-claim, with the
statement that it includes such vein or lode, and
in such case Subject 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 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 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 avein or
! lode such as described in the second section OF
this act, is known to exist within the boundaries
Of q placer claim, application for patent for
such plscer-claim, which does not include an ap-
| plication for the vein or lode claim. shall be
! construed as q conclusive declaration that the
claimant of the placer 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 moi
known, spatent for the placer-claim shall convey
all valuable mineai and other deposits withiL
| ths boundaries thereof.
SEC - That the Surveyor General OF the
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
vey mining claims. The expenses OF the surve
Of vein or lode claims, and the survey and sut
division Of placer claims into smaller quAntitie
, than one hundred and sixty acres, together wit
the cost OF publication of notices shall be paid b
the applicants and they shall be at liberty to OF
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 ono
shall also have power to establish the maximum
charges for surveys and publication OF notice
under this act; and in caseof excessive charge
! for publication, he may designate any newspape
published in q land district where mines ~
: situated for the publication Of mining NOTES
I in such district, and fiI the rates to be charge
! by such paper; and, to the end that the Coinmi
: sioner may be fully Informed on the subjec
8 each applicant shall file with the Register
D sworn statement Of all charges and fees paid b
Q said applicant for publication and surveys, 4
\ gether with all fees and money paid the Resist'
: and Receiver Of the land-ofice, which statemei
y snail De TRANSMITTED, WIFI Inc papers III IL
!, case, to the Commissioner Of the General Lam
= Office The fees OF the Register and the II
. ceiver shall be five dollars each for filing an
# acting upon each application for patent Or q
IS verse claim filed, and they shall bs allowed Il
/, amount fixed by law for reducing test
n mony to writing, when done in Land Once, sue
n fees and allowances to be paid by the respecti'
r parties; and no other fees shall be charged
n them in such cases, Nothing in this act shall
/, construed to enlarge or affect the rights OF eth
to-
n the time of the passage of this act. or Of the .
d entitled IAN act granting the right of way
o ditch and canal owners over the public land
n and for other purposes" approved July 20, lSf
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
d strued to repeal impair, or in any way affect Il
D. provisions of the act entitled IAN act grantii
d, to A. Sutro the right Of way and other privileg
to aid in the construction Of draining and e
ID ploring tunnel to the Comstock Lode, in Il
'r State of Nevada" approved July 2oth, 1866.
" SEC. 10. That all atidavits required to
made under this act, or the act to which it
e, amendatory, may be verified before any offc
N authorized to administer oaths within the lal
j. district where the claims may be situated, Al
l, all testimony and proofs may be taken befo
N any such officer, and, when duly certified by I
y officer taking the same shall have the same for
" and effect as il taken before the Register a
h Receiver Of the Land Office. In cases OF conts
j. as to the mineral or agricultural character
| lana, the tthtlnouy Anu Proois may W bnAou
+ herein provided on personal notice Of 1t lie,
70 ten days to the opposing party; or if said par
IS cannot be found, then by publication OF at lei
N once week for thirty days in q newspaper, to
ID designated by the Register of the Land once
v published nearest the location Of such land; .
lie the Register shall require proof that such mott
D. has been given.
It SEC. IA That where two or more veins int
d sect or cross each ether, priority Of title sh
g. govern and such prior location shall be entitl
le to all ore or mineral contained within the spI
le of intersection: Provided, however, That
lg subsequent location shall have the right Of "
h. through said space Of intersection for the p
h possesses of the convenient working Of the 81
30 mine: And provided also, That where two
RS more veins unite, the Oldest or prior locati
e. shall take the vein below the point Of union,
D. Guiding sll the space ofintersection.
er SEC. Is. That where non-mineral land I
is contiguous to the vein or lode is used or oct
ne 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
III in an application for patent for such vein
o. lode, and the same may be patented therewi
on subiact 20 tina mama prelirninarv rAnuiren,a .,