Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-21

0
psy for his portion of the claim. with the prop
| er fees, aud file the certificate and description
l by the slrveyOr-9eneral. whereupon the register
/ shall certify the proceedings and judgment-roll
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 18th lse6. and July 1870, in the
/ case Of an individual, may consist in his own
affidavit thereof, and in case of an association Of
/ persons unincorporsted of the sfsdsvit of their
authorized agent made on his own knowledge or
| upon information aud belief, and in Of
/ corporation organized under the laws OF the
United States or Of any State or Territory Of the
| United States by the filing Of certified copy Of
their charter certificate Of Incorporation; and
nothing herein contained shall be constructs to
prevent the alienation Of the title conveyed by
patent for 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 pt,blie surveys, but need not conform
therew ltn: but where patent shall be
issued as aforesaid for claims upon unsur-
! veyed lands, the surveyor General in extending
! the surveys shall adjust the same to the boun-
dares 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
1 such patented claim
! SEC. 9. That sections one, tvo three. four and
six, OF IN act entitled An Act granting the right
Of way to ditch aud canal owners overthe public
| lands, and for other purposes. approved July
/ twenty-sXth. eighteen hundred and sixty-six,
I are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
| for mining claims now pending may be prose-
cuted to s fnal 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-5ixth, eighteen
hundred and syty-slx, shall convey all the rights
and privileges conferred by this act where no
adverse .hts 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
| a 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-clams 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 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 eonformed to legal sub
division, survey and plat shall be made as on
unsurvey'd 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 er
listing laws, shall apply to such cases: And pro-
yided also. That where by the segregation OF
mineral land in any legal subdivision q 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. Thatw 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-cairn, 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 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 in the second section OF
| this act, is known to exist within the boundaries
Of n placer-claim, All application for patent for
such placer-claim which does not include ap-
/ plcatiOn for the vein or lode claim, shall be
| construed as n conclusive declaration that the
ella mant OF tho pacer-claim has no right O ( DOS.
session Of the vein or lode claim but where the
existence Of vein or lode in placer claim is not
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
| tbs boundaries thereof.
SEC. IL That the surveyor General OF the
United States may appoint in each land district
containing mineral lands many competent
surveyors as shall apply for appointment to sur
vcy 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
the applicants and they shall be at liberty to OBJ
tain the same at the most reasonable rates, and
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey.
The Commissioner of the General Land once
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 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
sioner may be fully informed on the subject,
each applicant shall file with the Register .
sworn statement Of all charges and fees paid by
said applicant for publication and surveys to-
gether with all fees and money paid the Resister
and Receiver OF the land-office which statement
shall be transmitted, with the papers in the
case, to the Commissioner of the General Land.
Office. The fees Of the Register and the Re.
ceiver shall be Ave dollars each for filing and
acting upon each application for patent Or ad.
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi
mony to writing, when done in Land Office such
fee. 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 al
the time OF the passage of this act or OF the act
entitled IAN act granting the right Of way tc
} ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired undeI
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 privilege.
. to aid in the construction Of draining and ex-
ploring tunnel to the Comstock Lode, in the
State of Nevada" approved July 25th, 1866.
SEC. -. That all affidsvits required to be
made under this act or the act to which 1t Is
amendatory, may be verified before any Officer
J authorized to administer oaths within the land
district where the claims may be situated, anG
all testimony and proofs may be taken before
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 anG
Receiver of the Land Office. In cases OF confess
as to the mineral or agricultural character o.
land the testimony and proofs may be taken al
herein provided, on personal notice of at leas
ten days to the opposing party: or II said part,
cannot be found, then by publication of at leas
once a week for thirty days in newspaper, to bs
designated by the Register of the Land Once n
published nearest the location of such land; AND
the Register shall require proof that such motto,
has been given.
SEC. a. That where two or more veins inter
sect or cross each other. priority Of title shall
govern, and such prior location shall be entitled
to all ore or mineral contained within the space
of intersection: Provided, however That the
subsequent location shall have the right Of way
through said space of intersection for the pir
possesses Of the convenient working Of the said
nine And provided also, That where two OF
more veins unite, the oldest or prior location
shall take the vein below the point Of union, in.
Guiding all the space of intersection.
SEC. 10. That where non-mineral land not
contiguous to the vein or lode is used or occu.
pied by the proprietor of such vein or lode fol-
mining or milling purposes, such non-sdj aceni
surface ground may be embraced and included
in an application for patent for such vein OF
lode, and the same may DO patented Herewith
subject to the same preliminary requirements
as to survey and notice IS are applicable under
this act to veins or lodes: Provided, That no
location hereafter made Of such non -ad jscep,
land shall exceed five acres, and payment fol
the same must be made at the same rate as Fixed
by this act for the superfcies Of the lode. Ths
owner Of q quartz mill or reduction works no,
owning q mine in connection Herewith, MAY
II.