Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-30

" the suryeyor-Cieneral, whereupon the register
hall certify the proceedings and judgnent-roll /
o the Commissioner ofthe Land Office, as in the
preceding case. and patents shall issue To the \
several parties according to their respective /
lights. Proof Of citizenship under this act, or |
he act OF July 2Gth 1866, and July 3, 1870 in the
'sse of an individual, may consist in his own I
Affidavit thereof and in case of an association OF
persons uuincorpOrated of the affidavit OF their
lut horized agent made on his own knowledge or
lpon information and belief, and in case of
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 q
patent for mining claim to any person what
ever.
SIC. 3. That the description of vein or lode
claims, upon surveyed lands, shall designate the
location Il the claim with reference TO the lines
Of the public surveys, bat need not conform
Herewith; hut where patent shall DO
issued ss aforesaid for claims upon unsur-
viewed lands, the Surveyor General in extending
the surveys, shall adjust the same to this boun-
darios 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.
4rC. y. That sections one. two three, four and
six. Of an ect entitled An Act granting the right
OF wey to ditch and canal owners oyerthe public
lands. and fer other purposes, approved July
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to o final decision in the General Land
Office; but in such cases where adverse rights
are not affected thereby, patents may issu. in
pursuance Of the provisions Of this act; and all
patents Tor mining claims heretofore issued
under the act Of July twenty sixth. eighteen
hundred and sxty-six shall convey all the rights
and privileges conferred by this act where no
adR 4 st
this act.
SEC. To- That the act entitled An Act to
amend an act granting the right OF way to ditcE
and canal owners over the public lands, and fol
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
yeyed lands. and conform to legal subdivisions,
no further survey or plat shall be required, and
all placer mimi. claims hereafter located shall
conform as 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-c ams 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 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-
tion or corporation in possession OF a 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 hat 1t includes such vein or lode, and
in such case Subject to the provisions of this
act and the act entitled can act to amend an act
granting the right of way 10 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 claim, and twenty-five feet of surface OF
each side thereof. The remainder OF the place.
claim. or any placer claim not embracing an!
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 a vein o.
lode, such as described in the second section o.
this act. is known to exist within the boundaries
/ Of d placer-claim, an application for patent fo
such placer-claiIn, which does not include an ap
! plication for the vein or lode claim, shall b,
, construed as conclusive declaration that TIL
| ella mant of the pacer-claim has no right I pos
| session Of the vein or lode claim; but where thu
{
known, patent for the placer-elaim shall conve
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. IL That the Surveyor General OF tn
. United States may appoint in each land distriC
containing mineral lands as many competeI
, surveyors as shall apply for appointment to SUI
, yey mining claims. The expenses of the surve
, OF vein OF lode claims, and the survey and sui
division of placer claims into smaller Guantitie
than one hundred and sixty acres, together wit
the cost Of publication of notices shall be paid b
theappiicsnts, 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 surve,
The Commissioner of the General Land OfhC
shall also have power to establish the maximum
charges for surveys and publication of notice
under this act: and, in case of excessive charge
!, for publication, he may designate any newspap,
published in a land district where mines al
! situated for the publication of mining motto,
in such district, and fix the rates to he charge
by such paper and, to the end that the Commi
! soner may be fully informed on the subjec
, each applicant shall file with the Register
, sworn statement of all charges and fees paid
& said applicant for publication and surveys. t
4 gether with all fees and money paid the Resist
and Receiver of the land-Otfice, which stateme
shall be transmitted, with the papers in Il
. case, to the Commissioner Of the General Ian
: Office. The fees of the Register and the II
q ceiver shall be five dollars each for filing al
{ acting upon ench application for patent or a
f verse claim filed, and they shall be allowed {
!. amount fixed by law for reducing ties
+ uony TO writing, when done in Land Office, SUI
a fees and allowances to be paid by the respect
: 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
It party in regard to any property in controversy
n the time of the passage of this act, or of the
d entitled AN act granting the right Of way
a ditch and canal owners over the public lant
N and for other purposes" approved July 26, 49,
10 nor shall this act affect any right acquired unt
said act, and nothing in this act shall be &C
d strued to repeal, impair, or in any way affect
b. provisions of the act entitled IAN act grant
a. to A. Sutro the right of way and other privileI
a to aid in the construction of draining and {
ID ploring tunnel to the Comstock Lode, in I
Or State of Nevada" approved July 25th, 1866
Az SEC. IS. That all nfidavits required to
a made under this act, or the act to which it
e. amendatory, may be verified before any Off
m authorized to administer oaths within the la
ii. district where the claims may be situated, a
l. all testimony and proofs may be taken bef
m any such officer, and, when duly certified by
" officer taking the same, shall have the same 70
" and effect as If taken before the Register q
h Receiver Of the Land Office. In cases Of cont
H. as to the mineral agricultural character
G. land, the testimony and proofs may be taken
t. herein provided, on personal notice of at lie
70 ten days to the opposing party; or if said pa
as cannot be found, then by publication of at lie
in once week for thirty days in a newspaper, to
ID designated by the Register of the Land Office
" published nearest the location of such land:
lie the Register shall require proof that such not
o. has been given.
at SEC. IA. That where two or more veins int
I'd sect or cross each other, priority of title al
o. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sp
be OF intersection: Provided, however, That
No subsequent location shall have the right of
h through said space Of intersection for the =
ia possesses of the convenient working of the =
es mine: And provided also, That where two
rs more veins unite, the Oldest prior locat
e. shall take the vein below the point of union,
H. GLIDING all the space of interaection.
or SEQ. Is. That where non-mineral land
ts contiguous to the vein or lode is used or oc
,e pied by the proprietor of such vein or lode
De mining or milling purposes, such non-adj JAG
Of surface ground may be embraced and inclu,
IL in an application for patent for such vein
O. lode and tho same may be patented therewi
IN subject to the same preliminary requirenie
If a. to survey and notice as are applicable UNI
d. this act to veins or lodes Provided, That
CO location hereafter made of such non-adjac
IN land shall exceed five acres. and payment
ID the same must be made at the same rate as fl
r. by this act for the superficies Of the lode. 7
se owner of q quartz mill or reduction works,
m owning . mine in connection Herewith, II
,e also receive . patent for his mill site, as pre-
az ded in this section.
SEC. 16. That all acts and parts of acts inc
IA sistent herewith are hereby repealed: provid
,e That nothing contained in this act shall Be C
,e strued to impair, in any way, rights or inters
a. in mining property acquired under existing Ia
). Approved May TO- 1872.
l