Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-23

inereDt portions OF the claim, each party may /
Ay for his portion Of the claim. with the prop |
7 fees, and file the certificate and description |
y the Suryeyor~Genernl, whereupon the register l
hsn certify the proceedings and judgment-roll |
0 the Commissioner ofthe Land Once. A. in the |
receding case, and patents shall issue TO the
eversl parties according to their respective
lights. Proof Of citizenship under this set, or
he act Of July 2th ls66. and July 2. 1870. in the
1se Of an individual. may consist in his own
:tidayit thereof. and in OF an association Of
'ersons unineorporated Of the affidavit Of their
uihorizsd agent, made on his own knowledge or
lpon information and belief, and In case of .
corporation organized under the laws OF the
nited States, or Of any State or Territory Of the
1nited States. by the filing Of . certified copy Of
heir charter or certificate Of incorporation; and
sothipg herein contained shall be construed to
,revent the alienation Of the title conveyed by q
latent fOr a mining claim to any person what
yer.
SIC g. That the description Of vein or lode
,laims. upon surveyed lands, shall designate the
location Of the claim with reference TO the lines
Il the public surveys, but need not conform
herewith; but whore . patent shall be
ssued as aforesaid for claims upon unsur
veyed lands. the Surveyor General in extending
the surveys, shall adj Just the same to the boun-
iaries of such patented claims, according to the
plat or description thereof. but 80 as in no case
TO interfere with or change the location OF any
such patented claim.
SIC 9. That sections one, two, three. four and
OF way to ditch and canal owners over the public
lands, and for other purposes approved July
twenty sixth. eighteen hundred and sixty-sin,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may lie 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
.g9ar he at af Ifalv NlQhfA|n
hundred and sixty shall convey all the rights
and privileges conferred by this act where no
adverse rights exist ut the time Of the passage Of
this act.
SEC 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 as 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-claims 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 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
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 e1-
isting laws shall apply to such cases: And pro-
vided 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.
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 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 oil
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 avein Of
lode, such as described in the second section o.
this act, is known to exist within the boundaries
Of q placer-clam, an application for patent fo
such placer-clam, which does not include an ap
plication for the vein or lode claim, shall b,
construed rs conclusive declaration that thu
ella mant OF the placer-clsim has no right o + pos
session Of the vein or lode claim; but where TIL
existence of vein or lode in placer. claim is no
known, patent for the placer-claim shall conve,
nil valuable mineral and other deposits withil
| til boundaries thereof.
| SEC. 10 That the Surveyor General Of tn
| United States may appoint in each land distric
containing mineral lands as many competeu
surveyors as shall apply for appointment to SUI
vcy mining claims. The expenses OF the surve
of vein or lode claims, and the survey and sui
divisiou of placer claims INTO smaller quantitie
than one hundred and sixty acres, together wit
the cost Of publication of notices shall be paid
the applicants, and they shall be at liberty to oil
tain the same at the most reasonable rates. al
they shall also be al liberty to employ any Unite
States Deputy Surveyor to make the surve,
| The Commissioner of the General Land Offc
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 land district where mines al
situated, for the publication of mining notict
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
said applicant for publication and surveys, t
gether with all fees and money paid the Resist
and Receiver of the land office, which statemel
shall be transmitted, with the papers in Il
case. to the Commissioner Of the General Ian
Office The fees OF the Register and the l,
ceiver shall be five dollars each for filing al
acting upon each application for patent or q
verse claim filed and they shall be allowed Il
amount fixed by law for reducing ties
mony to writing, when done in Land Office, su,
fees and allowances to be paid by the respect
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 eth
party in regard to any property in controversy
the time OF the passage of this act or of the q
entitled IAN act granting the right Of way
} ditch and canal owners over the public lane
i and for other purposes" approved July 26, ls'
nor shall this act affect any right acquired und
said act; and nothing in this act shall be &C
4 strued to repeal. impair, or in any way affect
! provisions Of the act entitled IAN act grant
. to A. Sutro the right of way and other privilee
a to aid in the construction Of draining and e
a ploring tunnel to the Comstock Lode, in (
r State of Nevada" approved July 2oih, 1866.
v SEC. IS. That all affidavits required to
a made under this act, or the act to which it
), amendatory, may be verified before any Off
a authorized to administer oaths within the la
l. district where the claims may be situated,
|, all testimony md proofs may be taken befS
a any such officer, and, when duly certified by
v officer taking the same, shall have the same fo
v and effect as II taken before the Register a
/ Receiver of the Land Office. In cases OF cont
!. as to the mineral or agricultural character
= lend, the testimony and proofs may be taken
: herein provided, on personal notice Of at le
0 ten days to the opposing party; or II said pa
s cannot be found, then by publication of at lie
4 once a week for thirty days in newspaper to
4 designated by the Register Of the Land Office
:. published nearest the location of such land q
e the Register shall require proof that such not
= has been given.
( SIC. IA. That where two or more veins int
sect or cross each other, priority Of title sh
l. govern, and such prior location shall be EMIT
e to all ore or mineral contained within the sp
e of intersection: Provided, however, That
q subsequent location shall have the right of '
j. through said space Of intersection for the D
h possesses of the convenient working Of the s
,s mine: And provided also, That where two
IS more veins unite, the oldest or prior locat
3 shall take the vein below the point Of union,
l. Guiding all the space of intersection.
n SEC. 10. That where non-mineral land
3 contiguous to the vein or lode is used or oc
@ pied by the proprietor of such vein or lode
Ne mining or milling purposes, such non-a JAG
# surface ground may be embraced and inclu,
II in an application for patent for such weir
D. lode, and the same may be patented therewi
n subject to the same preliminary requirenie
Il as to survey and notice as are applicable IN
e this act to veins or lodes: Provided, That
q location hereafter made Of such non-adjac
N land shall exceed Ave acres, and payment
a the same must be made at the same rate as Il
Z. by this act for the superfcies Of the lode
,e owner of a quartz mill or reduction works,
N owning q mine in connection Herewith Il
70 also receive patent for his mill-site, as DR.,
Is ded in this section,
SEC Ia That all acts and parts ~ acta inc