Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-19

TIA, several parties are entitled to separate and
different portions Of the claim. each party may
pay for his portion OF the claim, with the prop
err fees and file the certificate and description
by the Surveyor-Genersl, whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner ofthe Land Once, as in the
preceding case. and patents shall issue 10 the
several parties according to their respective
rights. Proof of citizenship under this act, or
the act of July 26th 1866, and July o. 1870 in the
case Of an individual, may consist In hts own
affidavit thereof. and in case of an association OF
persons unincorporated OF the afhdavit OF their
authorized agent, made on his own knowledge or
upon information and belief, and in case of
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 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.
SEC 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 rs in no case
to interfere with or change the location OF any
such patented claim.
SIC, 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 July
twenty sixth. eighteen hundred and sixty-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are hereby repealed, but such repeal shall not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 twenty-sixth, eighteen
hundred and sixty-six shall convey all the rights
| and privileges conferred by this act where 10
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
| a patent which shall be similar to the proceed
ines 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 legal subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located Shall
| conform as 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-clams cannot be conformed to legal sub
| division, survey and plat shall be made as on
| unsuryeyfd lands: Provided, That proceedings
| now pending may be prosecuted to their nnai
| 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 pre-,
yided also, That where by the segregation oil
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
| 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 can 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 avein or
| lode such described in the second section of
| this act is known to exist within the boundaries
of a placer-claim, an application for patent for
| such placer-claim, which does not include an APP
| plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
claimant of the placer claim has no right # pos
! session OF the vein or lode claim: but where the
existence OF vein or lode in placerclaim is not
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
the boundaries thereof.
SEC IL That the Surveyor of the
United States may appoint in each land district
, containing mineral lands as many competent
, surveyors as shall apply for appointment to sur
: ycy mining claims The expenses of the survey
S of vein or lode claims, and the survey and sub
division of placer claims into smaller quantities
than one hundred and sixty acres, together witt
the cost of publication OF notices shall be paid by
the appicants, and they shall be at liberty to OBJ
tain the same at 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 toestablish 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 a land district where mines ar,
E situated, for the publication of mining notice.
in such district, and fix the rates to be charged
| by such paper; and, to the end that the Commits
8 sioner may be fully informed on the subject
9 each applicant shall file with the Register
0 | sworn statement of all charges and fees paid h.
g | said applicant for publication and surveys, &c
a gether with all fees and money paid the Resiste
!. and Receiver OF the land office, which statemen
|, shall be transmitted, with the papers in tn
J.; | case. to the Commissioner of the General Lane
!. Office. The fees of the Register and the R,
e ceiver shall be five dollars each for filing an
Il acting upon each application for patent or AZ
Is 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
n fees and allowances to be paid by the respectiN
r. parties; and no other fees shall be charged
n them in such cases. Nothing in this act shall l
4, construed to enlarge affect the rights of eth,
1t party in regard to any property in controversy
n the time OF the passage of this act, of the ~
ID entitled IAN act granting the right of way
10 ditch and canal owners over the public land
m and for other purposes" approved July 20, 1856
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be COZ
ed strued to repeal impair, or in any way affect II
b. provisions of the act entitled IAN act grantii
H. to A. sutro the right of way and other privileg
, to aid in the construction of draining and Q,
ed ploring tunnel to the Comstock Lode, in Il
or State of Nevada" approved July 25th, 1866
ay SEC. 49, That all sffdavits required to
a made under this act, or the act to which it
ce. amendatory, may be verified before any offit
i'm authorized to administer oaths within the La
al. district where the claims may be situated, a
nj, all testimony and proofs may be taken befo
i'm any such officer, and, when duly certified by I
by officer taking the same, shall have the same fol
Nv and effect as il taken before the Register a
81 Receiver of the Land Office, In of cont,
n. as to the mineral or agricultural character
ne. land, the testimony and proofs may be taken
IT. herein provided, on personal notice Of at LEI
NO ten days to the opposing party; or if said pal
in once week for thirty days in Q newspaper, to
ed designated by the Register Of the Land Once
W. published nearest the location Of such land a
he the Register shall require proof that such not
To- has been given.
lat SEC. IA. That where two or more veins int
cd sect or cross each ether, priority of title sh
lie. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sp
The of intersection: Provided, however, That
Ing subsequent location shall have the right of '
tn. through said space of intersection for the p
it'll possesses of the convenient working Of the s
ties mine: And provided also, That where two
Rrs more veins unite, the oldest prior locat
We. shall take the vein below the point of union,
an. GLIDING all the space of intersection.
ler SEC. 10. That where non-mineral land
cts contiguous to the vein or lode is used or oc
he pied by the proprietor of such vein or lode
be mining or milling purposes, such nonadjac
of surface ground may be embraced and inclut
all in an application for patent for such vein
no. lode, and the same may be patented therewi
on subject to the same preliminary requirene
If as to survey and notice as are applicable M
the this act to veins or lodes: Provided That
ice location hereafter made of such non-adjac
ion land shall exceed five acres, and payment
led the same must be made at the same rate as a
of. by this act for the superficies Of the lode.
rse owner of . quartz mill or reduction works,
ON owning q mine in connection Herewith, n
be also receive a patent for his mill site as prt
has ded in this section.
q" SEC. 10. That all acts and parts Of acts inc