Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-15

EtD1ruIf
/ different portions of the claim. each party ms
pay for his portion Of the claim, with the prof.
I er fees, and file the certificate and descriptiO
by the Suryeyor-General. whereupon the regist,
shall certify the proceedings and judgment-ro
/ to the Commissioner Of the Land Office as in Il
preceding case, and patents shall issue to II
several parties according to their respect,
rights. Proof of citizenship under this act,
the act Of July 26th 1866, and July Q, 1870 in Il
case of an individual, may consist in his ow
affidayit thereof, and in case of an association
persons unincorporated of the affidavit of the
authorized agent, made on his own knowledge
| upon Information and belief. and in case of
corporation organized under the laws Of ii
United States. or Of any State or Territory of th
United States. by the filing of q certified copy
their charter or certificate of incorporation; an
nothing herein contained shall be construed I
| prevent the alienation of the title conveyed by
patent for mining claim to any person whs
| ever.
SEC. 8. That the description of vein or lod
| claims, upon surveyed lands, shall designate tn
location of the claim with reference TO the line
/ of the public surveys, but need not conforr
| Herewith; but where patent shall b
! issued Aforesaid for claims upon unsul
veyed lands, the Surveyor General in extendin
the surveys, shall adjust the same TO the boun
DIARIES of such patented claims, according to th
plat or description thereof, but so as in no cas-
to interfere with or change the location of an
such patented claim.
SEC. 9. That sections one, two. three. four an
six, of an act entitled An Act granting the RICH
of way TO ditch and canal owners over the publ
lands, and for other purposes approved Jul
twenty-sixth. eighteen hundred and sixty six
are hereby repealed. but such repeal shall no
affect existing rights. Applications for patent
for mining claims now pending may be prose
euted TO final decision in the General Land
Office; but in such cases where adverse right
are not affected thereby, patents may issue il
pursuance Of the provisions of this act; and al
patents for mining claims heretofore issued
under the act of July twenty sixth, eighteeI
hundred and sixty-six shall convey all the right
and privileges conferred by this act where NJ
adverse rights exist at the time OF the passage Of
this act.
SEC. 10. That the act entitled An Act t.
amend an act granting the right of way to ditch
and canal owners over the public lands, and fol
other purposes approved July ninth. eighteen
hundred and seventy, shall be and remain il
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 thi,
act for obtaining patents to vein or lode claims
but where said placer-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 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
unsurvey6d 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 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 prescription purposes
SEC. IL. 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 "An 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 vein or
lode, such as described in the second section Of
this act. is known to exist within the boundaries
u
such placer-claim, which does not include an ap.
plication for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant of the placer-clai has no right OF DOS
session OF the vein or lode claim: but where the
existence Of vein lode in placer claim is not
known apatent for the placer-claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. - That the Surveyor General of the
United States may appoint in each land district
mineral lands as many competent
as shall apply for appointment to sur.
ycy mining claims. The expenses of the survey
OF vein OF 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 pubication of notices, shall be paid by
The applicants, and they shall be at liberty to OBJ
ain the same at the most reasonable rates, and
hey shall also be at liberty to employ any United
states Deputy Surveyor to make the survey.
fhe Commissioner of the General Land. Office
shall also have power to establish the maximum
'harges for surveys and publication of notices
lnder this act and, in case of excessive charges
or publication, he may designate any newspap
published in land district where mines are
for the publication of mining notices
n such district, and fix the rates to be charged
BY such paper; and, to the end that the Commits.
TONER may be fully informed on the subject,
Zach applicant shall file with the Register a
sworn statement of all charges and fees paid by
aid applicant for publication and surveys, to-
,ether with all fees and money paid the Resister
md Receiver of the land-otiice which statement
shall be transmitted with the papers in the
'ase, to the Commissioner of the General Land.
Office The fees of the Register and the Re-
'eiver shall be five dollars each for filing and
lcting upon each apple, Il, for patent or ad.
verse claim filed, and they shall be allowed the
mount fixed by law for reducing testi
nony to writing, when done in Land Office, such
ees and allowances to be paid by the respective
parties, and no other fees shall be charged by
hem in such cases. Nothing in this act shall be
to enlarge or affect the rights of either
party in regard to any property in controversy at
he time of the passage of this act or Of the act
Untitled IAN act granting the right Of way to
hitch and canal owners over the public lands,
md for other purposes" approved July g. 1866
lnr shall this act affect any right acquired under
aid act; and nothing in this act shall be con.
trued to repeal, impair, or in any way affect the
provisions of the act entitled IAN act granting
o A. Sutro the right Of way and other privileges
% aid in the construction of a draining and ex-
oloring tunnel to the Comstock Lode in the
state of Nevada" approved July 25th, 1866.
SEC ID. That all afiidavits required to be
made under this act, or the act to which 1t is
mandatory, may be verified before any officer
authorized to administer oaths within the land
district where the claims may be situated. and
III testimony and proofs may be taken before
my such officer, and, when duly certified by the
ffieer taking the same, shall have the same force
receiver of the Land Office. In cases Of contest
IS to the mineral or agricultural character of
and, the testimony and proofs may be taken as
lerein provided, on personal notice of at least
en- days to the opposing party; or If said party
annot be found then by publication of At least
nee week for thirty days in newspaper, to be
designated by the Register of the Land Office AS
published nearest the location of such land: and
he Register shall require proof that such notice
las been given.
On
ect or cross each other, priority of title shall
o all ore or mineral contained within the space
II intersection: Provided, however That the
subsequent location shall have the RIGHT of way
through said space Of intersection for the pur-
possesses of the convenient working Of the said
more veins unite, the Oldest or prior location
'luding all the space Of intersection.
SEC. Is. That where non-mineral land mot
contiguous to the vein or lode is used or occu-
oied by the proprietor of such vein or lode for
mining or milling purposes, such non adjacent
surface ground may be embraced and included
N an application for patent for such vein or
ode, and the same may be patented Herewith,
subject to the same preliminary requirements
IS to survey and notice as are applicable under
his act to veins or lodes: Provided. That no
location hereafter made of such non.adiacent
and shall exceed five acres, and payment for
he same must be made at the same rate Az fred
BY this act for the superfcies of the lode. The
owning mine In connection Herewith. NAV
ant for h;~ xs.4yr