Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-30

en- fees, and file the certificate and description
by the surveyor-General, whereupon the register
shall certify the proceedings aud judgmeni-roll
to the Commissioner ofthe Land Office, as in the
preceding case and patents shall issue TO the
several parties according 10 their respective
rights. Proof Of citizenship under this act or
the act Of July 26th 1855. and July @ Isle in the
case q sn individual, may consist in his own
afhdsvit thereof, and in case of an association Of
persons unineorporatcd Of the affidavit Of their
authorized agent, made on his own knowledge or
upon 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
their charter or certificate Of incorporation; and
nothing herein contained shall be construed 10
prevent the alienation of the title conveyed by
patent for a 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
of the public surveys, but need not conform
Herewith; but where a patent shall he
issued a. aforesaid for claims upon unsur-
veyed lands. the Surveyor General in extending
the surveys, shall adjust the same TO the boun-
daries OF such patented claims, according to the
plat or description thereof, but so as in no case
to interfere with or change the location OF any
such patented claim.
SEC Q. 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are hereby repealed, but such repeal shall not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 be prose
cuted to q 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-siNth, eighteen
hundred and siZty-six shall convey all the rights
and privileges conferred by this act where no
adverse rights exist at the time of the passage of
this act.
SEC. t. 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
oct for obtaining patents to vein or lode claims;
but where said placer-claim 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 a. 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 whore
placer claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyfd 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
listing laws, shall apply to such cases: And pro-
vided also That whore 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. IL. That where the same person, associa-
ton or corporation in possession of n 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 AL 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 rate
of two dollars and fifty cents per acre together
with all costs Of proceedings; and where vein Of
lode such as described in the second section Of
this act, is known to exist within the boundarie'
OF Il placer-claim, an application for patent fol
such placcr-Clsim, which does not include an ap
plication for the vein or lode claim, shall bt
construed as a conclusive declaration that tn,
ella mant of the placer-claim has no right of pos
session Of the vein on lode claim; but where tn,
existence Of vein or lode in placer-claim is no
known, patent for the placer-claim shall conve,
all valuable mineral and other deposits within
tn, boundaries thereof.
SEC. IL That the Surveyor General of tn
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 surve
of vein or lode claims, and the survey and sui
/ division of placer claims INTO smaller quantitie
| than one hundred and sixty acres, together wit
the cost of publication of notices shall be 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 Ofic
| shall also have power to establish the maximum
charges for surveys and publication of notice
under this oct; and, in case OF excessive charge
| for publication, he may designate any newspape
| published in a land district where mines ar
| 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, L
| gether with all fees and money paid the Resistt
and Receiver OF the land office, which statemeI
shall be transmitted, with tho papers in III
case. to the Commissioner Of the General Lane
ceiver shall be five dollars each for filing an
acting upon each application for patent or aC
verse claim filed, and they shall be allowed I'll
amount fixed by law for reducing test
mony TO writing, when done in Land Office, sue
fees and allowances TO be paid by the respectiy
parties; and no other fees shall be charged b
them in such cases. Nothing in this act shall /
construed TO enlarge or affect the rights of etht
party in regard to any property in controversy
the time of the passage of this act, or Of the a,
ia. a A., r. .
ditch and canal owners over the public land
and for other purposes" approved July &C. 1856
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 tn
provisions Of the act entitled An act grantiu
to A. Sutro the right of way and other privilege
to aid in the construction of n draining and es
ploring tunnel to the Comstock Lode, in I'll
State of Nevada" approved July 25th, 1866.
SEC. -. That all afidavits required to. /
! made under this act or the act to which it
amendatory, may be verified before any Office
| authorized to administer oaths within the Ian
| district where the claims may be situated, an
all testimony and proofs may be taken befol
any such officer, and when duly certified by I'll
officer taking the same, shall have the same fore
and effect If taken before the Register an
Receiver Of the Land Office. In cases OF contei
as to the mineral or agricultural character
! land, the testimony and proofs may be taken
| herein provided. on personal notice of at leal
/ ten days 10 tle opposing party OF II SAID part
cannot be found, then by publication of at leas
once week for thirty days in . newspaper, to b
| designated by the Register Of the Land Once
| published nearest the location of such land; an
the Register shall require proof that such motto
has been given.
SEC. IA That where two or more veins into
sect or cross each ether, priority of title sha
| govern, and such prior location shall be entite
| to all ore or mineral contained within the spaC
| of intersection: Provided, however That tn
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 Q
more veins unite, the oldest or prior locatio
shall take the vein below the point of union il
| Guiding all the space of intersection.
SEC. 10 That where non-mineral land nc
| contiguous to the vein or lode is used or occu
| pied by the proprietor of such vein or lode fo
| mining or milling purposes, such non-adj acen
surface ground may be embraced and include
in an application for patent for such vein @
! lode, and the same may be patented Herewith
| subject to the same preliminary requirement
as to survey and notice as are applicable unde
| this act to veins or lodes: Provided, That n
| location hereafter made of such non-adja
land shall exceed five acres, and payment 70
the same must be made at the same rate as fixe
by this act for the superfcies of the lode. Tn
| owner of a quartz mill or reduction works, no
| owning mine in connection Herewith. ma
also receive patent for his mill -site, as prov
| ded in this section.