Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-18

pay for his portion of the claim, with the prop
er fees, and file the certificate and description
by the Surveyur-General whereupon the register
shall certify the proceedings and judgment-ron
to the Commissioner Of the Land Office, as 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 ., 1870 in the
case Of an individual, may consist in his own
affidavit thereof, and in case OF an association OF
persons unincorporated OF the atidsvit 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, Of any State or Territory OF the
United States. by the filing of q certified copy OF
their charter or certificate of incorporation; ana
nothing herein contained shall be construed to
prevent the alienation Of the title conveyed by
patent for q mining claim to any person what
ever.
SEC. s. That 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 be
issued as aforesaid for claims upon unsur-
viewed 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 8. 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are hereby repealed, but such repeal shall not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 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 at the time OF the passage Of
! this act.
/ amend an act granting the right of way TO 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 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 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-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyfd 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-
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 hat it includes such vein or lode and
III such case Subject to the provisions of this
act and the act entitled IAN act to amend an act
granting the right of way 10 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 tht
payment Of FIVE 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 rate
OF two dollars and fifty cents per acre, together
with Ill costs OF proceedings and where vein oil
| lode such as described i'll the second section o.
this act, is known to exist within the boundaries
of Il placerclaim. an application for patent fol
such plaCer-Claim, which does not include an ap
| plication for the vein or lode claim, shall b.
| construed as Il conclusive declaration that thu
! ella mant of the placer-caim has no right o + pos
session Of the vein or lode claim; but where tn,
existence of vein or lode in a'placer- claim is no
known patent for the placer claim shall conve,
| all valuable mineral and other deposits within
| til boundaries thereof.
SEC. 10 That the Surveyor General of tn,
| United States may appoint in each land distric
! containing mineral lands as many competen
surveyors as shall apply for appointment to SUI
wy mining claims. The expenses OF the surve
OF vein or lode claims, and the survey and sui
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.
theapplicants, and they shall be at liberty to OF
tain the same at the most reasonable rates. AM
they shall also be at liberty to employ any Unite
| States Deputy Surveyor to make the survey
| The Commissioner of the General Land Offic
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 anySewspape
published in land district wherNmines 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 Commit
siOner 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, Il
gether with all fees and money paid the Resistt
and Receiver Of the land-otfiCe, which stateme1
shall be transmitted, with the papers in tt
case, to the Commissioner of the General Lane
Office The fees Of the Register and the h
ceiver shall be FIVE dollars each for filing al
acting upon each application for patent or a.
verse claim filed, and they shall be allowed Il
| amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respect,
parties; and no other fees shall be charged
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 q
entitled IAN act granting the right of way
, ditch and canal owners over the public land
and for other purposes" approved July 20, 1876
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 privileg
a to aid in the construction of a draining and e
4 ploring tunnel to the Comstock Lode, in Il
r State OF Nevada" approved July 25th, 1866.
v SEC. ID. That all affdavits required to
a made under this act, or the act to which it
:, amendatory, may be verified before any ofiC
n authorized to administer oaths within the la
i district where the claims may be situated, a.
|, 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 fol
' and effect as If taken before the Register a
i Receiver of the Land Office. In cases Of cont
+ as to the mineral or agricultural character
= land, the testimony and proofs may be taken
: herein provided, on personal notice of at lie,
o ten days to the opposing party; or If said par
6 cannot be found, then by publication of at lei
n once week for thirty days in a newspaper, to
4 designated by the Register of the Land Office
= published nearest the location of such land; q
e the Register shall require proof that such not
l. has been given
{ SEC. IA That where two or more veins int
sect or cross each other, priority of title sh
l. govern, and such prior location shall be entitl
e to all ore or mineral contained within the sp,
e Of intersection: Provided however, That
z subsequent location shall have the right of "
l. through said space of intersection for the p
h possesses of the convenient working Of the s,
g mine: And provided also, That where two
s more veins unite, the oldest or prior locati
J. shall take the vein below the point of union,
l. Guiding all the space of intersection.
r SEC. 10. That where non-mineral land
s contiguous to the vein or lode is used or oc
e pied by the proprietor of such vein or lode
e mining or milling purposes, such non-adj acs
f surface ground may be embraced and includ
/ in an application for patent for such vein
). lode, and the same may be patented therewi
n subject to the same preliminary requirenel
+ as to survey and notice as are applicable unt
o this act to veins or lodes: Provided, That
@ location hereafter made of such non-adjact
q land shall exceed five acres, and payment
d the same must be made at the same rate as fix
? by this act for the superfcies of the lode. II
Q owner Of q quartz mill or reduction works. L
q owning q mine in connection Herewith, m
e also receive a patent for his mill-site, as pro
4 | ded in this section.