Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-24

,sy for his portion of the claim, with the prop
z fees, and file the certificate and description
" the Surveyor-General, whereupon the register
hall certify the proceedings and judgment-roll |
o the Commissioner of the Land Once. rs in the /
preceding case. and patents shall issue to the |
everal parties according to their respective |
lights. Proof Of citizenship under this act. or |
he act Of July 18th 1850 and July ., 1870, in the
-sse OF an individual, may consist in his own |
Ifidavit thereof, and in OF an association OF
persons unincorporated Of the affidavit OF their |
authorized agent, made on his own knowledge or
ipon 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 certified copy OF
heir charter or certificate Of incorporation. and
nothing herein contained shall be construed to
prevent the alienation of the title conveyed by
patent for mining claim to any person what
ever.
src g. That the description Of vein or lode
claims upon surveyed lands, shall designate the
location of the claim with reference to the lines
II the public surveys, but need not conform
Herewith: but where patent shall be
issued "a aforesaid for claims upon unsur-
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
dsries Of such patented claims, according to the
plat or description thereof, but so rs in no case
to interfere with or change the location Of any
such patented claim.
SIC 9. 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are hereby repealed, but such repeal shall not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 he 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
xrssN zee
and privileges conferred by this act where no
adverse rights exist at the time OF the passage of
this act
SEC. 10. That the act entitled An Act to
amend 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-clsims 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
unsurveyrd 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 aggregation OF
mineral land in any legal subdivision quantity
of agricultural land less than forty acres re-
mains, said fractional portion Of agricultural
land may he entered by any party quallted by
law. for homestead or presumption purposes.
SEC. IL. That where the same person, associA-
tiOu cOrpDratiOQ in pOSsesslOD Of a 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 and the act entitled IAN act to amend an ac'
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 thu
| payment Of FIVE dollars per acre for such vein o
! lode claim, and twenty-five feet Of surface oil
each side thereof. The remainder of the placer
claim. or any placer claim not embracing an
vein or lode claim, shall be paid for ut the rat
Of two dollars and fifty cents per acre, togethe
with all costs of proceedings; and where avein o
! lode, such as described in the second section Q
this act is known to exist within the boundarie
of placer-claim, an application for patent 10
such placer-claim, which does not include an az
plication for the vein or lode claim, shall b
construed as conclusive declaration that tn
ella mant of the placer-claim has no right of poi
session Of the vein or lode claim; but where tn
existence Of vein or lode in placer-claim is NJ
known. D patent for the placer claim shall conve
all valuable mineral and other deposits With
| tn. boundaries thereof.
, SEC 70 That the Surveyor-Gener Of III
United States may appoint in each land distri
, containing mineral lands as many competel
D surveyors as shall apply for appointment to su
Q voy mining claims. The expenses of the surv'
s of vein or lode claims, and the survey and su
( division OF placer claims INTO smaller quantiti
9 than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid
r the appcants, and they shall be at liberty to o
tain the same at the most reasonable rates, al
they shall also be at liberty to employ any Unit
States Deputy Surveyor to make the surve
e The Commissioner Of the General Land Off
shall also have power to establish the maximu
+. charges for surveys and publication of motto
under this act; and, in case of excessive charg
S for publication, he may designate any newspap
4 published in land district where mines a
g situated for the publication Of mining motto
t in such district and fix the rates to be charg
4 by such paper: and, to the end that the Comm
q sioner may be fully Informed on the subje
q each applicant shall file with the Registel
o sworn statement OF all charges and fees paid
e said applicant for publication and surveys,
n gether with all fees and money paid the Resist
4. and Receiver of the land-oi1ice which stateme
|, shall be transmitted, with the papers in t
:, case, to the Commissioner OF the General Lal
2. Office. The fees of the Register and the
re eeiver shall be FIVE dollars each for filing a
If acting upon each application for patent or
is verse claim filed. and they shall be allowed I
t. amount fixed by law for reducing tel
N mony to writing, when done in Land Office, su
N fees and allowances to be paid by the respect
r parties; and no other fees shall be charged
m them in such cases. Nothing in this act shall
n construed to enlarge affect the rights of eit
al party in regard to any property in controversy
in the time OF the passage of this act. or of the
I'd entitled can act granting the right of way
to ditch and canal owners over the public Ian
m and for other purposes" approved July &c, Il
no nor shall this act affect any right acquired un
said act; and nothing in this act shall be c
ed strued to repeal, impair, or in any way affect
10 provisions Of the act entitled "An act grant
~ to A. Sutro the right of way and other privile
, a to aid in the construction Of q draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866
nv SEC. 10. That all affidavits required to
made under this act, or the act to which II
CO, amendstory, may be verified before any of
i'm authorized to administer oaths within the !
al. district wheSn the claims may he situated,
al all testimony and proofs may be taken bel
i'm any such officer, and, when duly certified by
by officer taking the same shall have the same Il
py and effect as II taken before the Register
ch Receiver of the Land Office. In cases Of con
n. as to the mineral or agricultural character
re- land, the testimony and proofs may be tai ei
IT. herein provided, on personal notice of ut II
NO ten days 10 the opposing party, or II SAID pt
as cannot be found, then by publication of at Ii
in once week for thirty days in newspaper. t,
ed designated by the Register Of the Land Offic
w. published nearest the location Of such land;
he the Register shall require proof that such no
TO- has been given.
rat SEC. IA That where two or more veins In
cd sect or cross each ether, priority of title 6
ip- govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
he of intersection: Provided, however That
ing subsequent location shall have the right OF
tn. through said space Of intersection for the
it'll possesses of the convenient working OF the
les mine: And provided also, That where tw,
ars more veins unite, the oldest or prior loca
We shall take the vein below the point of union
an Guiding all the space of Intersection.
her SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or O
The pied by the proprietor OF sucn VEN or iou
be mining or mining purposes, sucn non-auJa
of surface ground may be embraced and incl,
eli in an application for patent for such vel
no. lode, and the same may be patented therev
on subject to the same preliminary requirenl
II as to survey and notice as are applicable III
the this act to veins or lodes: Provided, Ths
ace location hereafter made Of such non-adja
ion land shall exceed five acres, and paymen
led the same must be made at the same rate as
OF. by this act for the superfcies Of the lode
rise owner of o quartz mill or reduction works
ON owning q mine in connection Herewith,
be also receive q patent for his mill-siie as pi
hns ded in this section.
SEC. l6. That all acts and parts of acts In
he sistent herewith are hereby repealed: Proyi