Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-17


rights Proof of citizenship under this act, or
The act Of July 26th 1866. and July 9, 1870 in the
case of an Individual, may consist in his own
affidavit thereof and in case OF an association OF
persons uuinCorporated of the affidavit Of their .
authorized agent, made on his own knowledge or .
upon information and belief, and in case OF o .
corporation organized under the laws of the
United States OF Of any State or Territory OF the
United States, by the Ming OF = certihed copy OF
their charter OF certificate OF incorporation; ana
nothing herein contained shall be construed TO
prevent the alienation of the title conveyed by
patent for a mining claim TO any person what
ever.
SEC. 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 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-
diaries 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.
SEC. .. That sections one, two, three, four and
si& OF an act entitled An Act granting the right
Of way to- ditch and canal owners overthe public
lands, and for other purposes, approved July
twenty-siXth. eighteen hundred and siXty-slX,
art hereby repealed but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cut.d To q final decision in the General Land
are not affected thereby, patents may issue in
Iursuanc, Of the provisions of this act; and all
patents for mining claims heretofore issued
under the act Of July twenty-sixth, eighteen
hundred and siNty-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,
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 whore said placer-claims shall be upon sur
veyed lands, and conform TO legal subdivisions,
no further survey or plat shall he required, ana
all placer mining claims hereafter located snail
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
placcr-claims cannot be cOnfOrmed to legal sub
division, survey and plat shall be made as on
unsmveytd lands: Provided, That proceedings
now pending may be prosecuted to their fnal
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,
!
land may be entered by any party qualified by
law for homestead or presumption purposes.
SIC 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 plscerclsim, 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 &c,
| 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 thu
payment OF fiVC dollars per acre for such vein o.
lode claim, and twenty-five feet Of surface OF
each side thereof. The remainder of the placer
claim, or any placer claim not embracing an.
vein or lode claim shall he 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
Oft placer-claim, an application for patent 70
such plGCeN'-Clalm, which does not include an ap
pGCation for the vein or lode claim, shall b
construed Is 4 conclusive declaration that til
claimant Of the placer-clam has no right o pos
session Of thu vein or lode claim; but where tn
existence Of vein or lode in placer claim is no
known, apatrnt Tor the placer claim shall cOnve
oil valuable mineral and other deposits With
/ III boundaries thereof
. SEC. II That the SurveyOr-General of tn
70 United States may appoint in each land distriC
D containing mineral lhlus rs many COlnptltI
b surveyors shall apply for appointment to su
!. Nty mining claims. The expenses OF the surve
5 ! Of vein OF lode claims, and the survey and sui
f division of placer claims INTO smaller quantiti,
p than one hundred and sixty acres, together wit
the cost of publication of notices, shall be paid
r heapplicantA and they shall be at liberty to oil
tain the same at thu most reasonable rates, an
they shall also be at liberty to employ any Unite
States Deputy surveyor to make the surve.
The Commissioner of the General Land ONO
4 ] shall also have To establish flg Ximul
= charges for surveys and publication Of notice
! | under this act; and in case OF excessive charg
: | for publication, he may designate any newspap
! | published in a land district where mines a
g | situated, for the publication of mining motto,
4 | in such district, and fk the rates to he charge
/ by such paper; and, to the end that the Comm
S siuner may be fully informed on the subieC
c each applicant shall file with the Register
o sworn statement Of all charges and fees paid
@ said applicant for publication and surveys,
n gether with all fees and money paid the Resist
!. and Receiver OF the land-ofice, which stateme
l. shall be transmitted, with the papers in I
= case to the Commissioner of the General Ian
., Office, The fees OF the Register and the i
e ceiver shall be five dollars each for filing a
If acting upon each application for patent or Q
il verse claim filed, and they shall be allowed I
t. amount fixed by law for reducing ties
n mouy TO writing, when done in Land Office, SUI
IN fees and allowances to be paid by the respect
r parties and no other fees shall be charged
N them i'll such cases. Nothing in this act shall
a. construed TO enlarge or affect the rights of eif
nj party in regard to any property in controversy
In the time OF the passage of this act, or Of the
Ia entitled IAN act granting the right Of way
to ditch and canal owners over the public lam
m and for other purposes" approved July &c, Is
no nor shall this act affect any right acquired unC
said act; and nothing in this act shall be CT
ed strued to repeal impair or in any way affect
ID. provisions of the act entitled AN act grant
m to A. Sutro the right of way and other privile
a n to aid in the construction OF draining and
i ! plO Ina lnngfnPk tnAa in
or State OF Nevada" approved July 25th, 1866.
ay SEC. 10. That all affidavits required to
r a made under this act, or the act TO which it
ce, amendatQry, may be verified before any OFF
i'm authorized to administer Oaths within the l.
di- district where the claims may be situated,
al all testimony and proofs may be taken BET
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same fC
nv and effect If taken before the Register
ch Receiver of the Land Office In of con
u as to the mineral or agricultural character
re. land, the testimony and proofs may be takel
at. herein provided, on personal notice of at |,
go ten days to the opposing party; or if said pr
as cannot be found, then by publication of at |,
in once a week for thirty days in newspaper, (,
ed designated by the Register of the Land Ofiic
w. published nearest the location of such land;
he the Register shall require proof that such no
no. has been given.
nat SEC. Il. That where two more veins In
od sect or cross each other, priority of title s
,p- govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
the of intersection: Provided, however, That
Ing subsequent location shall have the right of
tn. through said space of intersection for the
ith possess of the convenient working of the
ties mine: And provided also, That where two
airs more veins unite, the oldest or prior loca
We shall take the vein below the point of union
an. Guiding all the space of intersection.
ler SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or o
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-adja,
of surface ground may be embraced and inclu
all in an application for patent for such vel
no. lode, and the same may be patented therew
on subject to the same preliminary requirenI,
II as to survey and notice as are applicable uI
he this act to veins or lodes: Provided, Tha
ice location hereafter made of such non-adjaS
ion land shall exceed five acres, and payment
led the same must be made at the same rate as d
Of by this act for the superfcies of the lode.
rse owner of a quartz mill or reduction works.
am owning mine in connection Herewith,
he also receive patent for his mill-site, as pr
ms ded in this section.
SEC. l6 That all acts and parts of acts in,
be sistent herewith are hereby repealed: ProviC
he That nothing contained in this act shall be
he strued to impair, in any way, rights or inter
es. In mining property acquired under existing Ia
no. Approved May 10, 1872.