Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-20

several parties according to their respective |
rights. Proof Of citizenship under this act, or
the act Of July Goth 1885, and July Q. 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 affidavit Of their
authorized agent, made on his own knowledge or
upon information and belief, and in case OF
corporation organized under the laws oil the
United States, Of any State or Territory OF the
United States by the filing of a 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
patent for a mining claim to any person what
ever.
SIC. 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-
yeyed lands, the surveyor General in extending
| the surveys, shall sdjust the same to the boun-
daries Of such patented claims, according 10 the
plat or description thereof, but so as in no case
| to interfere with or change the location of any
/ such patented claim.
/ SEC .. That sections one, two, three. four and
| six Of an act entitled An Act granting the right
of way to ditch aud canal owners overthe public
| lands and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty-si1,
are hereby repealed but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuteQ To 8 mai decision III lnt ututrtl lshnu
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 -sinth, 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.
SEC. TO- That the act entitled An Act to
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 TO the proceedings to obtain
patent which shall he 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-clRims shall be upon sur
yeycd 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 L nited
States system Of public land surveys md 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
unsuTyeyfd 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
yided also That where by the segregation OF
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, 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
! in such case Subject to the provisions Of this
. ! aCt nd he act An NJ I not
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 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 avein or
lode, such as described Ill the second section Of
this act, is known TO exist within the boundaries
ola plarer-clam, an application for patent for
+. such placer-calm, which does not include an ap.
/ plicatiOn for tn" vein or lode claim, shall be
construed as conclusive declaration that the
ella mant Of the pIacer-claim has no right pos
session of the vein or lode claim; but where the
existence Of vein or lode in placer.c claim is not
known. apatent for the placer-claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. Il That the Surveyor General of the
United States may appoint in each land district
containing mineral lands as many competent
surveyors as shall apply for appointment to sur
yCy mining claims. The expenses of the survey
Of vein or lode claims and the survey and sub
division Of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost OF publication of notices shall be paid by
theapplicants, and they shall be atliberty to OBJ
/ tain the same at the most reasonable rates, and
the! shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
! The Commissioner of the General Land Office
shall also have power to establish the maximum
/ charges for surveys and publication of notices
] under this act; and, in case of excessive charges
/ for publication, he may designate any newspaper
/ published in d land district where mines are
situated for the publication Of mining notices
! in such district, and fix the rates to be charged
/ by such paper; and, TO the end that the Commits
soner may be fully informed on the subject
! each applicant shall file with the Register a
sworn statement of all charges and fees paid by
said applicant for publication and surveys to-
gether with all fees and money paid the Resster
and Receiver Of the land-Otfce, which statement
shall be transmitted, with the papers in the
case TO the Commissioner Of the General Land
Once. The fees of the Register and the Re-
| ceiver shall be five dollars each for filing and
acting upon each application for patent or ad-
verse claim fled and they shall be allowed the
amount fixed by law for reducing testi-
mony to writing, when done I'm Land Office, such
fees and allowances to be paid by the respective
! parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge or affect the rights of either
party in regard to any property in controversy at
the time OF the passage of this act, or OF the act
entitled IAN act granting the right Of way to
| ditch and canal owners over the public lands
and for other purposes" approved July %, 1865
nor shall this act affect any right acquired under
said act; and nothing in this act shall be con.
strued to repeal impair, or in any way affect the
provisions Of the act entitled IAN act granting
to A. Sutro the right of way and other privileges
to aid in the construction of a draining and ex
ploring tunnel to the Comstock Lode, in the
state of Nevada" approved July 25th 1866.
SEC. IL. That all afhdavits required to b,
made under this act, or the act to which it il
amendAtory may be verified before any officer
authorized to administer oaths within the lanf
district where the claims may be situated ant
all testimony and proofs may be taken befor,
any such officer, and when duly certified by tn,
officer taking the same, shall have the same fore,
and effect as II taken before the Register ant
Receiver Of the Land Office. In cases Of contes
as to the mineral or agricultural character O
lsnd, the testimony and proofs may be taken a,
herein provided, on personal notice of at leas
ten days to the opposing party or if said part,
cannot be found, then by publication of at leas
once week for thirty days in q newspaper To II,
designated by the Register of the Land Office a
published nearest the location of such land; an,
the register shall require proof that such notic
mas been given.
SEC. IA. That where two or more veins inter
sect or cross each other, priority of title shsl
govern, and such prior location shall be entitle,
to all ore or mineral contained within The snac,
OF intersection: Provided, however That IN,
! subsequent location shall have the RIGHT Of Wa,
through said space of intersection for the mr.
possesses OF the convenient working of tho sa;,
: mine: And provided also, That where two ~
J more veins unite, the Oldest or prior locate,
snail take the vein below the point of union in
Guiding all the space of intersection,
SEC 10. That where non-mineral land No
! contiguous to the vein or lode is used or occn
, pied by the proprietor of such vein or lode 10
! mining or milling purposes, such non adiacen
surface ground may be embraced and include,
in an application for patent for such vein n
lode, and the same may be patented there with
] subject to the same preliminary reouiren'ant
I as to survey and notice as are applicahIe nnda
this act to veins or lodes: Provided. That n,
D location hereafter made of such non.sdisca =,
J land shall exceed five acres, and navment 90
the same must be made at the same rate ss a w,
by this act for the superfcies Of the lode. IN,
owner OF quartz mill or reduction works. no
owning mine in connection Herewith ms,
also receive patent for his mill site as provi
! ded in this section. IN pio'i
SEC 10. That all acts and parts OF nets incor
slsteht herewith are hereby repealed: Proyided
mat nothing contained in this act shall he con
strusd to impair, in any way, rights or nterest,
IN mining property acquired under existing /, pr
Approved May 10, 1872. 'A"S
CHAP. cCXlV.-AnA Act to amend an Act en,tts,