Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-10

ay fo- his portion Of the claim, with the prop
T fees and file the certificate and description
y the suryeyor-General, whereupon the register
hall certify the proceedings and Judgment-roll
. the Commissioner of the Land Office, as in the
ireeetling case, and patents shall issue to the
eyeral parties according to their respective
lights. Proof Of citizenship under this act. or
he act OF July 25th 1866 and July ., 1870, in the
sse Of an individual, may consist in his own
.iiaavit thereof and in ease of an association OF
persons unincorporated of the affidavit of their
agent, made on his own knowledge or
ipon information and belief, and in case OF
,orporation 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 |
heir charter or certificate of incorporation, anu
nothing herein contained shall be construed 10 |
prevent the alienation of the title conveyed by |
patent for q mining claim to any person what 1
ever.
SIC. s. That the description of vein or lode !
claims upon surveyed lands, shall designate the |
location OF the claim with reference 10 the lines
Of the public surveys, but need not conform
Herewith; but where patent shall DO
issued as aforesaid for claims upon unsur-
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
dares Of such patented claims, according 10 the
plat or description thereof but so as in no case
to interfere with or change the location OF any
such patented claim.
SEC o. That sections one, two, three. four and
six, Of an act entitled An Act granting the right
OF way TO ditch and canal owners oyerthe public
lands and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty-sirt
are hereby repealed, but such repeal shall not
affect existing rights. Applications Tor 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 twenty-sixth, eighteen
Il. =. a1.nl1 u1l tlilr ri oil
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 III
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 TINS
act for obtaining patents to vein or lode claims;
but where said placer-claims shall be upon sur
veyed lands, and conform to legal subdlHlsions,
no further survey or plat shall be required, ana
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 rs on
now pending may be prosecuted to their hnal
| 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 qualihed by
/ law for homestead or presumption purposes.
SEC. II. That where the same person, assocla-
{ To-, or
| claim and also vein or lode included within
| the boundaries thereof, application shall be
made for patent for the placer-clalin, 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 act
| 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 tn,
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 IN.
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 o
lode, such as described in the second section o
! this act is known to exist within the boundarie
| Of plGcer-claim, an application for patent 10
such placer-claim, which does not include an aI
plicatiOn for the vein or lode claim, shall b
construed us conclusive declaration that tn
ella mant OF the plaCer-claim has no right o I pos
session Of the vein or lode claim; but where tn
existence of vein or lode in placer-claim is nc
known a patent for the placer-claim shall conve
all VALUABLE mineral and other deposits With
thu boundaries thereof.
, SEC. IL That the Surveyor-General of til
United States may appoint in each land distri'
, containing mineral lands as many competei
o surveyors as shall apply for appointment to su
E vey mining claims. The expenses of the surv,
$ of vein OF lode claims, and the survey and su
f division of placer claims into smaller quantit
@ than one hundred and sixty acres, together wit
the cost of publication of notices, shall be paid
p theapplicants ana they shall be at liberty to o
l tain the same ct the most reasonable rates, al
= they shall also be at liberty employ any Unit,
: States Deputy Surveyor to make the surve
p / The Commissioner of the General Land-Oth
4 shall also have power to establish the maxmu
+. charges for surveys and publication Of motto
/ under this act; and, in case of excessive charg
$ for publication, he may designate any newspap
il published in land district where mines a
g situated, for the publication of mining motto
It in such district, and fix the rates to be char8
II by such paper and, to the end that the Comm
IS soner may he fully informed on the subie
e each applicant shall file with the Registe
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 Rests
a, and Receiver Of the land-othce, which statemt
l. shall be transmitted, with tine papers in
g. case, to the Commissioner of the General Lai
p Office. The fees OF the Register and the
re- ceiver shall be five dollars each for fling q
If acting upOn each application for patent or
is verse claim filed, and they shall be allowed
4 amount fixed by law for reducing te
or mony to writing, when done in Land Office, ST
IN fees and allowances to be paid by the respect
II. parties; and no other fees shall be charged
m them in such cases. Nothing i'll this act shall
n construed to enlarge affect the rights of cit
nj party in regard to any property in controversy
in the time of the passage of this act, or Of the
Id entitled IAN act granting the right of way
10 ditch and canal owners over the public Ian
i'm and for other purposes" approved July %, Il
no shall this act affect any right acquired un
said net; and nothing in this act shall be c
ed strued to repeal, impair, or in any way affect
H. provisions of the act entitled IAN act grant
IN 10 A. Sutro the right of way and other privilt
q to aid in the construction of draining and
ed ploring tunnel to the Comstock Lode, in
or State of Nevada" approved July 25th, 1866.
,av SEC. 10. That all afidavits required to
r a made under this act, or the act to which i
ce amendatory, may be verified before any of
i'm authorized to administer oaths within the
di district where the claims may be situated,
al all testimony and proofs may be taken be
i'm any such officer and, when duly certified by
by officer taking the same. shall have the same f
nv and effect as il taken before the Register
ri Receiver of the Land Office. In cases of con
IN. as to tho mineral or agricultural characte
re- land the testimony and proofs may be take
at herein provided, on personal notice of at
WO ten days TO the opposing party; or II SAID p
as cannot be found, then by publication of at
in once week for thirty days in newspaper, t
led designated by the Register of the Land Ofht
W. published nearest the location of such land !;
the the Register shall require proof that such M
no. has been given.
hat SEC. IA. That where two or more veins IL
,od sect or cross each other, priority of title
,ip- govern, and such prior location shall be emit
he to all ore or mineral contained within the S
The of intersection: Provided, however, That
ing subsequent location shall have the right of
IN through said space of intersection for the
jth possesses of the convenient working OF the
ties mine: And provided also, That where tw
srs more veins unite, the Oldest or prior loct
We shall take the vein below the point of unior
an. Guiding all the space of intersection.
her SEC. To- That where non-mineral land
cts contiguous to the vein or lode is used or c
the pied by the proprietor of such vein or lod
be mining or milling purposes, such non-adja
of surface ground may be embraced and incl
all in an application for patent for such vel
no. lode, and the same may be patented therey
on subject to the same preliminary requiren
n as to survey and notice as are applicable u
the this act to veins or lodes: Provided, This
hce 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 supericies of the lode.
rse owner of q quartz mill or reduction works
ON owning n mine in connection Herewith,
he also receive a patent for his mill-site, as p
bas ded in this section.
SEC. 10. That all acts and parts Of acts in
no sistent herewith are hereby repealed: Prov
he That nothing contained in this act shall be