Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-27

TFOIF-
er fees, and file the certificate and description
by the surveyor-General, whereupon the register
shall certify the proceedings and Judgment roll
to the Commissioner ofthe Land Office, as in the
preceding case, and patents shall issue to the
several parties according to their respective
rights. Proof of citizenship under this act, or
the act Of July 26th 1896, and July g. 1870 in the
case Of an individual, may consist in his own
affidavit thereof and in case of an association of
persons unincorporated Of the affidavit Of their
authorized agent, made on his own knowledge or
upon information and belief, md in case of 3
corporation organized under the laws Of the
United States or 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 to
prevent the alienation Of the title conveyed by u
patent FOX a mining Claim to any person what
ever.
src. s. 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 patent shall be
issued as 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 9. That sections one, two, three four and
six of an act entitled An Act granting the right
lands and for other purposes approved July
twenty-siIth. eighteen hundred and si1ty-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are hereby repealed.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 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 twentysirth, eighteen
hundred and sixty 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. 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
patent which shall be similar TO the proceed
ings prescribed by sections six and seven of tn is
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, aud
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
unsuryoyfd 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 eS-
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 presumption purposes.
SEC. II. That where the same person, associa-
ton 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 OF
lode claim, and twenty five feet Of surface OIL
each side thereof. This 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 boundaries
ola placer-Gaim, an application for patent fol
sncl plaCer-claim, which does not include an ap
picatiUn for tho vein or lode claim, shall be
construed as a conclusive declaration that tn,
ella mant of the placer-claim has no right of pos
session OF the vein or lode claim but where tht
existence Of o vein or lode in placer claim is MOI
known, patent for the placer-claim shall convey
all valuable mineral and other deposits within
tn. boundaries thereof.
SEC, IL That the Surveyor General OF thu
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
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.
theapplicants, and they shall be at liberty to oh
tain the same at the most reasonable rates, an,
they shall also be at liberty to employ any Unitet
States Deputy Surveyor to make the survey
/ The Commissioner of the General Land-O ffic
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 newspape
published in a land district where mines AT
situated, for the publication of mining mott &c
in such district, and fix the rates to be charge
by such paper; and, to the end that the Commits
sioner may be fully informed on the subject
each applicant shall file with the Register
sworn statement of all charges and fees paid b
said applicant for publication and surveys, tc
/ gether with all fees and money paid the Resiste
| and Receiver of the land-off which statemen
I
| case, to the Commissioner OF the General LAND
| Office. The fees of the Register and the II,
| ceiver shall be five dollars each for filing an
acting upon each application for patent or a
verse claim filed, and they shall be allowed tn
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 affect the rights of eitht
i,,r
the time OF the passage of this act, or OF the a.
entitled IAN act granting the right Of way
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
strucd to repeal, impair, or in any way affect I'll
provisions Of the act entitled AN act grantin
| to A. Sutro the right of way and other privilege
to aid in the construction of a draining and el
ploring tunnel to the Comstock Lode, in IL
State OF Nevada, approved July 25th, 1866.
SEC. 10. That all affidavits required to |
made under this act or the act to which it
amendatory, may be verified before any offic,
authorized to administer oaths within the Ian
district where the claims may be situated, an
| all testimony and proofs may be taken befor
any such officer, and, when duly certified by IL
officer taking the same. shall have the same fore
and effect as il taken before the Register an
Receiver of the Land Office. In cases of conte
as to the mineral or agricultural character
] lana, the testimony ana proofs may be taken
/ herein provided on personal notice Of at lea
ten days to the opposing party or if said part
cannot be found, then by publication of at lei
/ once week for thirty days in newspaper, to |
designated by the Register of the Land Office
| 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 int
sect or cross each other, priority Of title sha
| govern, and such prior location shall be entitle
| to all ore or mineral contained within the spat
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 ssi
| mine: And provided also, That where two {
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. Is. That where non-mineral land nC
| contiguous to the vein or lode is used or occt
| pied by tho proprietor of such vein or lode &c
mining or milling purposes, such non-adj acer
surface ground may be embraced and include
| in an application for patent for such vein G
, lode and the same may be patented Herewith
| subject to the same preliminary requirement
as to survey and notice Is are applicable unde
| this act to veins or lodes: Provided, That n
| location hereafter made Of such non-adj acer
land shall exceed five acres, and payment fC
the same must be made at the same rate as f re
by this act for the superfcies of the lode. tn
owner of quartz mill or reduction works nc
owning a mine in connection Herewith ma
also receive patent for his mill-site, as prov