Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-07


pay for his portion Of the claim, with the prop
Cr fees. and rie the certificate suG description
BY the suryeyor-Gsneral, Shereupon the register
shall certify the proceedings sad iudgment-roll
70 the Commissioner u the Land Of.ace IS in the
preceding case. and patents shall Issue 10 the
several parties according 70 their respective
rights Proof q citizenship under this act; or
the act o. July 18th l.GG and July ., 1870 In the
case q an Individual may consist in his Own
aHidAyit thereof, and in case Of association Of
persons uuincOrp0rzted OF the afildxvit q their
authorized agent, made on his own knowledge or
upon information and belief and IL case q
corporation organized under the laws Of the
United States, Of rny State or Territory Of the
United States, by the filing Of certified copy Of
their charter or certificate Of Incorporated: Ali
nothing herein contained shall bs construed 10
prevent the alienation Of the title conveyed BY
patent Tor 4 mining claim TO an! person What
ever.
sac. 9. That the description Of vein CT lode
claims. upon surveyed lands shall dssi gnzts the
location q the claim with reference to the line.
Of the public surveys, but need no. conform
Herewith but where patent shall Be
issued As Aforesaid for claims upon uns1r-
veved lands. the Surveyor General in extending
the surveys, shall sdlusI the sane 70 the boul-
dzries Of such patented claims, according to the
plat or description thereof, but 50 as in no case
to interfere with or change the location Of any
such patented claim.
Sc. 9. That sections one, two, three, four and
SIX Of al 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-siNth. eighteen hundred and slIty-slZ,
are hereby repealed, but such repeal shall not
Affect existing rights Applications for patents
for mining claims now pending may be prose
cuted to 8 anal decision in the General Land
Once: 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 EiXty-sx, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist 81 the time Of the passage Of
this act.
Sc 10. 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 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 plscer-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 IS near as practicable with the United
States system Of public land surveys and the
rectangular subdivisions Of such surveys, and
10 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
unsuIYeysd 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
i.ting laws shall apply to such cases; And pro-
yided also, That where by the segregation OF
mineral land i'll 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. II. That where the same person, assoca.
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 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 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 the
payment of five dollars per acre for such vein OF
lode claim, and twenty-five feet Of surface oil
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 rat,
Of two dollars and fifty cents per acre, together
with all costs of proceedings; and where vein o.
lode, such as described in the second section o.
this act, Is known to exist within the boundaries
Of placer-Claim, an application for a patent fol
such placer-clain, which does not include an a
plicatiun for the vein or lode claim, shall b,
construed as a conclusive declaration that tn,
ella luant Of the placer-Claim has right o t pos
session Of the vein or lode claim; but where tn,
existence Of vein or lode in placer claim is no
known, apatelt for the placer claim shall conve
| all valuable mineral and other deposits withii
| thu 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 rs shall apply for appointment to SUI
vey mining claims. The expenses OF the surve
of vein or lode claims, and the survey and sui
/ division of placer claims into smaller quantitiG
than one hundred and sixty acres, together wit
the cost Of publication of notices shall paid b
the applicants, and they shall be at liberty to oil
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 One
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 newspape
published in land district where mines al
| 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 Commi
siOner may be fully informed on the subjeC
each applicant shall file with the Register
sworn statement OF all charges and fees paid b
said applicant for publication and surveys I,
gether with all fees and money paid the Resistt
and Receiver of the land-Otfce, which statemel
shall be transmitted, with the papers in II
case to the Commissioner of the General LAM
Office. The fees Of the Register and the Il
ceiver shall be five dollars each for filing an
acting upon each application for patent or ~
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 respectiN
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 eith
party in regard to any property in controversy
the time of the passage of this act, or of the a
entitled can act granting the right of way
ditch and canal owners over the public land
and for other purposes" approved July &c. 1876
nor shall this act affect any right acquired und
said act; and nothing in this act shall be col
strued to repeal, impair, or in any way affect Il
provisions Of the act entitled IAN act grantiI
TO A. Sutro the right of way and other privileg,
to aid in the construction of draining and e,
plOring tunnel to the Comstock Lode, in Il
State OF Nevada" approved July 25th, 1866.
SEC. IS. That all afidavits required to
made under this act, or the act to which it
amendatory, may be verified before any ofic
authorized to administer oaths within the lar
district where the claims may be situated al
all testimony and proofs may be taken befol
any such officer, and, when duly certified by Il
officer taking the same, shall have the same for
| and effect as if taken before the Register al
| Receiver of the Land Office. In cases Of conte
as to the mineral or agricultural character
| land, the testimony and proofs may be taken
herein provided. on personal notice of at lea
ten days to the opposing party; or if said part
cannot be found, then by publication of at lea
| once week for thirty days in a newspaper, to
designated by the Register of the Land Office
published nearest the location of such land; an
the Register shall require proof that such mott,
| has been given.
SEC. "A. That where two or more veins int
sect or cross each ether, priority of title sha
govern, and such prior location shall be entitle
| to all ore or mineral contained within the spa
of intersection Provided, however. That Il
| subsequent location shall have the right of wa
| through said space of intersection for the pu
| possesses of the convenient working Of the sal
| mine: And provided also, That where two {
more veins unite, the Oldest prior locatio
shall take the vein below the point of union, il
Guiding all the space of intersection.
SEC. Is. That where non-mineral land M
contiguous to the vein or lode is used or occ,
pied by the proprietor of such vein or lode f.
mining or milling purposes, such non-adjac
surface ground may be embraced and include
in an application for patent for such vein
lode, and the same may be patented therewitl
subject to the same preliminary Requirement
as to survey and notice as are applicable undo
this act to veins or lodes Provided, That i
location hereafter made of such non-adjacei
land shall exceed five acres, and payment fl
the same must be made at the same rate as fixe
by this act for the supericies of the lode. II
| owner of a quartz mill or reduction works, NJ
| owning mine in connection Herewith ma
| also receive patent for his mill-site, as prov
ded in this section.