Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-15

Preceding case, and paten's shah issue W tnc
everal parties according to their respective
irhfs Proof Of citizenship under this act, or
he act of July 26th 1866, and July lslO, in the
,ase Of an individual, may consist IN his own
Itdayit thereof, and in case OF an ASSOCIATION OF
persons unincorporeted of the affidavit OF their
authorized agent, made on his own knowledge or
Iron information and belief, and in case OF q
,tJrporatidn organized under the laws OF the
United States, of any State or Territory OF the
United States, by the filing Of certihed copy Of
their charter or certificate of incorporation; and
nothing herein contained shall be construed TO |
prevent the alienation of the title conveyed By
patent Coz mining claim to any person Wha'-
ever.
sc. 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 snail pe
issued as aforesaid for claims upon unsur-
viewed 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, hut SO as in no case
to interfere with or change the location OF any
such patented claim.
srr' 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 overthe public
lands, and for other purposes, approved jury
twenty-sixth. eighteen hundred and sixty-siH
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
Tor mining claims now pending may be prose
cutod to iinal decision in the General Land
Once: 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
hundred and sixty six, shall convey all the rights
and privileges conferred by TINS ACT where no
adverse rights exist at the time of the passage OF
this act.
SEC. To- 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 Tor
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 this
act for obtaining patents TO vein or lode claims
but where said placer-claims 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 as near as practicable with the United
States system Of public land surveys and the
rectangular subdivisions Of such surveys, and
1 no such location shall include more than twenty
! acres for each individual claimant, but where
/ placer-claims cannot be conformed TO legal SUD-
| division. survey and plat shall be made as on
! unsuryeyed 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.
yided also, That where by the segregation OF
]
| Of agricultural land less than forty acres re-
mains said fractional portion of agricultural
land may be entered by any party quaiined by
| law, for homestead or preemption purposes
SEC. IL. That where the same person, hssocia-
| 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-clailn, 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 "An act to amend an act
| granting the right of way 10 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 an!
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 a vein o.
lode, such as described in the second section o
this act is known to exist within the boundarie
Of a placer-claim, an application for patent 10
, such placer-claim, which does not include an ap
! plicgtion for the vein or lode claim, shall b
construed as conclusive declaration that tn
claimant of the placer-claim has no right II pos
session Of the vein or 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 withi
thu boundaries thereof.
| SEC. IL That the Surveyor General of tn
United States may appoint in each land distriC
, containing mineral lands as many competer
D surveyors as shall apply for appointment to SUI
q vey mining claims. The expenses of the surve
: Of vein or lode claims, and the survey and sui
{ division of placer claims into smaller quantiti'
than one hundred and sixty acres, together wit
the cost of publication of notices. shall be paid /
r theapplcant. and they shall be at liberty to o'
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 surve
2 The Commissioner OF the General Land-Oif'
4 shall also have power to establish the maximum
: charges for surveys and publication of MOTTO
| under this act; and in case of excessive charg
$ for publication, he may designate any newspap
/ ! published in land district where mines a
o situated, for the publication Of mining motto
t in such district and fix the rates to be charg'
i by such paper; and, to the end that the Comm
s sioner may be fully informed on the subje,
Ne each applicant shall file with the Register
o sworn statement Of all charges and fees paid
"a said applicant for publication and surveys,
n gether with all fees and money paid the Resist
\. and Receiver Of the land-otlice, which stnteme
4 | shall be transmitted, with the papers in
$ case, to the Commissioner of the General Lar
e. Office. The fees of the Register and the !
re ceiver shall be five dollars each for filing a
Of acting upon each application for patent or
is verse claim filed, and they shall be allowed
4, amount fixed by law for reducing tel
ar mony TO writing, when done in Land Office, su
m fees and allowances to be paid by the respect
r. parties; and no other fees shall be charged
IN them in such cases. Nothing In this act shall
n construed to enlarge affect the rights of eit
nt party in regard to any property in controversy
in the time of the passage of this act, or Of the
Id entitled "An act granting the right of way
10 ditch and canal owners over the public Ian
m and for other purposes" approved July &c, Is
no nor shall this act affect any right acquired un
said act; 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. to A. Sutro the right of way and other privile
q a to aid in the construction Of a draining and
ed ploring tunnel TO the Comstock Lode, in
or State OF Nevada, approved July 2oth, 1866
INV SEC. II. That all afhdavits required to
r a made under this act, or the act to which il
&C. amendatory, may be verified before any off
i'm authorized to administer oaths within the
al. district where the claims may be situated,
al. all testimony and proofs may be taken bel
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same fl
nv and effect as IL taken before the Register
eli Receiver of the Land Office. In cases Of con
m as to the mineral or agricultural character
re- land, the testimony and proofs may be take
at herein provided, on personal notice Of at l.
wo ten days to the opposing party; or II said pi
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 Offc
W. published nearest the location of such land !;
he The Register shall require proof that such no
no. has been given.
nat SEC. IA. That where two or more veins IL
,od sect or cross each other, priority Of title s
,ip govern, and such prior location shall be emit
he to all ore mineral contained within the s.
the of intersection Provided, however, That
inc subsequent location shall have the right of
m. through said space Of intersection for the
18th possesses of the convenient working of the
ties mine: And provided also. That where tw
ara more veins unite, the Oldest or prior loca
we. shall take the vein below the point of union
an. Guiding all the space ofintersection.
her Sec. Is That where non-mineral land
cts contiguous to the vein or lode is used or O
the pied by the proprietor of such vein or lodi
Inc mining or milling purposes, such non-adja
of surface ground may be embraced and incll
nil in an application for patent for such vel
no. lode, and the same may be patented therev
on subject to the same preliminary requiem
II as to survey and notice as are applicable III
the this act to veins or lodes: Provided, This
nee location hereafter made of such noh-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 superfcies of the lode.
rise owner of . quartz mill or reduction works
ON | owning q mine in connection Herewith,
he also receive patent for his mill-site. as pl
has ded in this section.
SEC. t. That all acts and parts Of acts in
he sistent herewith are hereby repealed Provi
be That nothing contained in this act shall be
the strued to impair in any way, rights or inte
ies. in mining property acquired under existing !
no. Approved May 10, 1872.
md
ZEN An Act to promote the Development Of
nd