Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-26


: the suryeyor-General, whereupon the register
lsll certify the proceedings and iudgment-roll
, the Commissioner ofthe Land Ofhce, as in the
receding case, and patents shall issue 10 the
syeral parties according 10 their respective
ghis Proof Of citizenship under TINS act, or
le act Of July 18th 1896. and July q 1870, in the
Use Of an individual, may consist in his own
fhdayit thereof, and in case of an association OF
ersons unincorpora'ed OF the Aihdavit Of their
uthorized agent, made on his own knoviedse or
pom information and belief, and in case Of
0rpJrGtiJn organized under the laws Of the
'nited States, Of any State or Territory Of the
'nited States, by the filing Of q certified copy OF
heir charter or certificate Of Incorporation; and
othing herein contained shall be construed TO
reyent the alienation Of the title conveyed by
ateut for mining claim to any person what
yer.
SEC. s. That the description Of vein or lode
laims. upon surveyed lands, shall designats the
ocation Of the claim with reference to the lines
# the public surveys, but need not conform
herewith; but where patent shall Dc
ssued ss Aforesaid for claims upon unsur-
,eyed lands, the Surveyor General in extending
he surveys shall adjust the same to the boun-
iaries Of such patented claims, according to the /
plat or description thereof. but as in no case |
10 interfere with or change the location of any |
such patented claim.
SIC. 2. That sections one, two, three, four and 4
SIX OF an act entitled An Act granting the night
Of way to ditch and canal owners oyerthe public I
lands, and for Other purposes, approved July
twenty sixth. eighteen hundred and slxty-slI,
are hereby repealed, but such repeal shall not I
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 SHAH convey all the rights
and privileges conferred by this act where no
lima a +ft4 u
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 Tor
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-claiIns 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 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
unsuryeytd 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 eI-
listing laws, shall apply to such cases: And pro.
yided 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.
SIC II. That where the same person, associa-
ton or corporation in possession OF placer
claim, and also q 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 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 OF
lode, such described in the second section Of
this act is known to exist within the boundaries
OF placer-caim, an application for patent fol
such plaCer-clanl, which does not include an q p.
picstion for the vein or lode claim, shall be
construed a. a conclusive declaration that the
ella mant of the placer-claim has no right o pos
session Of the vein or lode claim; but where the
existence Of vein or lode in pacerc lain is not
known patent for the placer-claim shall convey
all valuable mineral and other deposits within
. thu boundaries thereof.
/ SEC IL That the Surveyor General of the
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment TO SUI
vey mining claims The expenses of the surye
OF vein or lode claims, and the survey and sui
division Of placer claims into smaller quantite
than one hundred and sixty acres, together wit
the cost of publication Of notices shall be paid b
the appicants, 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 -Ofc
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 neWspapt
published in a 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 Comm
sioner 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 aud surveys, I
| gether with all fees and money paid the Resist
and Receiver of the iand-ofIice, which statemel
shall be transmitted, with the papers in Il
case, to the Commissioner Of the General Ian
. ONCE. The fees of the Register and the X
q ceiver shall he five dollars each for filing al
( acting upon each application for patent or o
: verse claim MED, ana tntN Snail De dIIONtu
. amount fixed by law for reducing ties
r mony to writing, when done in Land Office, SUI
II fees and allowances to be paid by the respect
= parties; and no other fees shall be charged
IA them in such cases. Nothing in this act shall
/, construed to enlarge or affect the rights of eth
II party in regard to any property in controversy
n the time of the passage of this act, or of the
d entitled IAN act granting the right of way
q ditch and canal owners over the public Lane
m and for other purposes" approved July &C. ~
sbp nj nett ft re M
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 can act grant
n, to A. sutro the right of way and other privle.
a to aid i'll the construction of a draining and
"a pioring tunnel to the Comstock Lode, in
or State of Nevada" approved July 25th, 1866.
,y SEC. 10. That all aiidavits required to
A made under this act, or the act to which it
- amendatory, may be verified before any OIL
m authorized to administer oaths within the Ia
ii. district where the claims may be situated,
Il. all testimony and proofs may be taken Def
m any such officer, and, when duly certified by
~ officer taking the same, shall have the same TO
~ and effect as if taken before the Register
ii Receiver of the Land Office. In cases of cont
IL as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
T. herein provided on personal notice of at le
70 ten days to the opposing party; or If said pa
ms cannot be found, then by publication of at lt
in once week for thirty days in newspaper, to
I'd designated by the Register of the Land Oific,
~ published nearest the location of such land
he the Register shall require proof that such moi
o. has been given.
nt SEC. IA That where two or more veins in
cd sect or cross each other, priority Of title 81
To- govern, and such prior location shall be EMIT
he to all ore or mineral contained within the VI
he of intersection: Provided, however, That
no subsequent location shall have the right of
IL through said space of intersection for the
IN possesses of the convenient working of the
es mine: And provided also, That where two
IRIS more veins unite, the oldest or prior local
,e- shall take the vein below the point Of union
IN. | Guiding all the space of intersection
Ter SEC. 10. That where non-mineral land
,ts contiguous to the vein or lode is used or o,
he pied by the proprietor of such vein or lode
be mining or milling purposes. such non-adjat
of surface ground may be embraced and inclu
All in an application for patent for such veil
10. lode, and the same may be patented therew
on subject to tho same preliminary requiremt
II as to survey and notice as are applicable un
he this act to veins or lodes: Provided, Tha
ice location hereafter made of such non-adja,
ON land shall exceed five acres, and payment
ed the same must be made ut the same rate az fl
Of by this act for the superfcies of the lode.
$50 owner of quartz mill or reduction works,
IN owning a mine in connection Herewith,
be also receive a patent for his mill-site, as pr
las ded in this section.
SEC. 16. That all acts and parts Of acts in
he sistent herewith are hereby repealed Prov
he That nothing contained in this act shall be
10 | strued to impair, in any way, rights or inter