Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-08


or fees and file the certificate and description
by the Surveyor-Geneyal, whereupon the register
slall certify the proceedings and judgment-rou
to the Commissioner OF the Lsnd Once, - in the
preceding case, and patents shall issue to the
several parties according TO their respective
rights Proof Of citizenship under this art, or
the act Of July 2sth 1866, and July s? 1870 il the
case of an individual, may consist In his own
affidavit thereof, and In OF association OF
persons unincorporsted Of the affidavit OF their
authorized agent, made on his OWE knowledge or
upon information and belief. and in case of o
corporation organized nnder the laws OF the
United States, Of any State or Territory Of the
United States. by the Cling Of q 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
patent for mining claim TO any person what
ever. 40 ~
SEC 6. 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; hut 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-
dares 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.
sEo. 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 the public
lands, and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty-dx,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to finsl 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
hundred and sixty six. shall convey all the rights
and privileges conferred BY this act where no
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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 for
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain in
full force, except 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
veyed lands, and conform to legsl subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform 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 where
placer-claims cannot be conformed to legal sub
| division, survey and plat shall be made as on
| unsurveytd 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-
vided also, That where by the aggregation 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 placer
| claim, and also vein or lode included within
| the boundaries thereof, application shall be
! na1a fora nate fpr rlairn with tho
statement hat il 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 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 or
| lode claim, and twenty-five feet Of surface on
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 avetn or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
of placer-clai1n, an application for patent for
such placer-cl lain, which does not include an ap-
| plication for the vein or lode claim, shall be
| construed as a conclusive declaration that the
| claimant of the placer-elaim has no right of pos
| session Of the vein or lode claim but where the
existence OF vein or lode in placer-clatm IL not
known, apstent for the placer-claim shall convey
! all valuable mineral and other deposits within
! thu boundaries thereof.
SEC. IL That the Surveyor-General of the
| United States may appoint in each land district
containing mineral lands o. many competen,
surveyors as shall apply for appointment to sur
vey mining claims. The expenses of the survey
Of vein or lode claims, and the survey and sub
division of placer claims INTO smaller qiantitie,
than one hundred and sixty acres, together with
the cost Of publication of notices shall be paid by
the applicants, and they shall be at liberty to OBJ
tain the same ut the most reasonable rates, and
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner of the General Land Office
shall also have power to establish the maximum
charges for surveys and publication Of notices
under this act; and, in case Of excessive charger
for publication, he may designate any newspaper
published in land district where mines are
situated, for the publication of mining notices
in such district, and fix the rates to be charged
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 to
gether with all fees and money paid the Resiste
and Receiver Of the land-otfice, which statemen
shall be transmitted, with the papers in tn
case. to the Commissioner Of the General Land
Office. The fees of the Register and the Re
, ceiver shall be five dollars each for filing an,
acting upon each application for patent or ad
verse claim filed. and they shall be allowed tn
+ mony to writing, when done in Land Office sue
! fees and allowances to be paid by the RESPECTIVE
parties, and no other fees shall be charged b
them in such cases. Nothing in this act shall b
construed to enlarge or affect the rights of eithe
party in regard to any property in controversy Z
the time OF the passage of this act. or of the &C
entitled can act granting the right Of way
D ditch and canal owners over the public landi
a and for other purposes" approved July rs, 1861
shall this act affect any right acquired undo
said act; and nothing in this act shall be cor
strued to repeal impair, or in any why affect til
= provisions of the act entitled San act grzntin
, to A. sutro the right of way and other privilege
a to aid in the construction Of 4 draining and ex
d ploring tunnel to the Comstock Lode, in tn
II State of Nevada" approved July 26th, 1865.
y SEC. 13. That all afiidsvits required to
a made under this act, or the act to which 1t
z, amendatory, may be verified before any ofict
n authorized to administer oaths within ths Ian
T. district where the claims may be situated, an
|, all testimony and proofs may be taken befol
n any such officer. and, when duly certified by Il
y officer taking the same, shall have the same for
y and effect rs II taken before the Register Al
h Receiver of the Land Office. In cases Of copte
l. as to the mineral or agricultural character
> land, the testimony and proofs may be taken
t. herein provided, on personal notice Of at lea
o ten days TO the opposing party; or If said par
" cannot be found, then by publication of at leo
n once q week for thirty days in . newspaper, to
d designated by the Register Of the Land Office
published nearest the location of such land; u
,- has been given. ~
It SEC. H. That where two or more veins int
d sect or cross each other, priority Of title shs
r. govern, and such prior location shall be entitl
Re to all ore or mineral contained within the spa
,e of intersection: Provided, however, That u
X subsequent location shall have the right Of vi
b. through said space of intersection for the pu
n possesses OF the convenient working of the a.
80 mine: And provided slso, That where two
rs more veins unite, the Oldest or prior locsti,
O. shall take the vein below the point Of union 1
D. GLIDING all the space of intersection.
n SEC. Is. That where non-mineral land n
Is contiguous TO the vein or lode Ia used or occ
e pied by the proprietor Of such vein or lode
,e mining or milling purposes, such non-sdjsce
# surface ground may be embraced and includ
IL in an application for patent for such vein
}. lode, and the same may be patented therewit
n subject to the same preliminary Requirement
If as to survey and notice as are applicable und
e this act to veins or lodes: Provided, That
% location hereafter made OF such non-adjacs
n land shall exceed five acres, and payment 4
d the same must be made at the same rate as FIX,
f. by this act for the superncies Of the lode tt
,e owner Of q quartz mill or reduction works, n
n owning mine in connection Herewith, m,
Ne also receive 3 patent for his mill-site as prov
Is ded in this section.
SIC. Is. That ell acts and parts of acts inco
e sistent herewith are hereby repealed: Provide
e That nothing contained In this act shall be CO.
o strued to impair, in any way, rights or interes
}, in mining property acquired under existing law
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