Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-26

that 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
er fees and file the certificate and description i
by the Surveyor-General, vhereupon the register /
shall certify the proceedings and judement-roll |
to the Commissioner of the Land Office, 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 1886, and July o. 1870 In the
ease of an individual, may consist in his own
affidavit thereof. and in case of an association of
persons unincorporated of the affidavit Of their
authorized agent, made on his own knowledge or
upon information and belief, and in case of a
corporation organized under the laws OF the
United States, or of any State Territory Of the
United States, by the filing of a 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. 8. 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 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 description thereof, but so as in NO case
to interfere with or change the location OF any
such patented claim.
| SEC. 9. 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-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| are hereby repealed, but such repeal shall not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 r1ghts
| 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
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 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 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 us 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 as on
| unsurveyed lands: Provided, That proceedings
now penang may De prosecuted 10 tnelr maj
| 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 a 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. II. That where the same person, associa-
| ton or corporation in possession Of placer
| claim, and also a 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 tsubject 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 vein or
lode, such as described in the second section OF
this act, 10 known to exist within the boundaries
Of placer-claim, an application for patent for
| such placer-clam, which does not include an ap-
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant of the placer-claim has no right OF pos
session OF the vein or lode claim: but where the
existence of vein or lode in placer. claim is not
known apatent for the plaoer-claim shall convey
all valuable mineral and other deposits within
tn. boundaries thereof
SEC. ~ That the Surveyor General of the
United States may appoint in each land district
containing mineral lands as many competen
} surveyors as shall apply for appointment to sur
yey mining claims. The expenses of the surve,
s of vein or lode claims, and the survey and sub
division of placer claims into smaller quantitie
than one hundred and sixty acres, together witt
the cost of publication of notices shall be paid b.
the applicants and they shall be at liberty to OBJ
tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any Unitet
: States Deputy surveyor to make the survey
7 The Commissioner of the General Land Ofic
shall also have power to establish the maximum
charges for surveys and publication of notice
under this act; and, in case of excessive charge
! for publication, he may designate any newspape
published in a land district where mines ar
: situated, for the publication of mining notice
7 in such district, and fix the rates to be charge
l by such paper and, to the end that the Commits
8 sioner may be fully informed on the subject
e each applicant shall file with the Register
0 sworn statement of all charges and fees paid b
g said applicant for publication and surveys, te
n gethAr with all fees and money paid the Resiste
y and Receiver Of the land-office, which statemeI
!, shall be transmitted. with the papers in tn
J, | case, to the Commissioner Of the General Lanl
: Office. The fees of the Register and the r,
e ceiver shall be Ave dollars each for filing an
II acting upon each application for patent az
s verse claim filed, and they shall be allowed IL
!, amount fixed by law for reducing test
IF mony to writing, when done in Land Once, sue
n fees and allowances to be paid by the respect,
r parties; and no other fees shall be charged
n them in such cases. Nothing in this act shall |
construed to enlarge affect the rights of eith
the time of the passage of this act, or of the a.
d entitled IAN act granting the right of way
70 ditch and canal owners over the public land
m and for other purposes" approved July &c, 1876
10 shall this acts ffact right rad
said act; and nothing in this act shall be col
ID strued to repeal impair, or in any way affect Il
b. provisions Of the act entitled IAN act grantil
n, to A. Sutro the right of way and other privileg
to aid in the construction Of draining and e.
I'd ploring tunnel to the Comstock Lode in Il
or State of Nevada" approved July 25th, 1866.
ay SEC. Is. That all afhdavits required to
"a made under this act or the act to which it
e, amendatory, may be verified before any offic
m authorized to administer oaths within the La
IL district where the claims may be situated. a
n, all testimony and proofs may be taken befo
IN any such officer, and, when duly certified BY (
by officer taking the same shall have the same fol
Ply and effect as II taken before the Register .
CHI Receiver Of the Land Office. In cases Of cont
IL | as to the mineral or agricultural character
'e- land, the testimony and proofs may be taken
1T herein provided. on personal notice of at LEI
So ten days to the opposing party; or If said pal
as cannot be found, then by publication of at LEI
in once week for thirty days in 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
10. has been given.
at SEC. IA. That where two or more veins int
cd sect or cross each other, priority Of title sh
is- govern and such prior location shall be EMIT
he to all ore or mineral contained within the sp
he of intersection: Provided, however, That
ng subsequent location shall have the right of v
tn through said space of Intersection for the p
It'll possesses Of the convenient working Of the q
les mine And provided also. That where two
lrs more veins unite, the oldest or prior locat
ve- shall take the vein below the point of union,
In Guiding all the space ofintersection.
yer SEC. Is. That where non-mineral land
IT'S 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 non-adjac
of surface ground may be embraced and inclut
all in an application for patent for such vein
40 lode, and the seme may be patented therewi
on subject to the same preliminary requirenle
II as to survey and notice as are applicable un,
he this act to veins or lodes Provided, That
Ice location hereafter made Of such non-adjac
on land shall exceed i've acres, and payment
ed the same must be made at the same rate - q,
Of by this act for the superhcies of the lode. Z
rise owner Of q quartz mill or reduction works,
I'm owning . mine in connection Herewith, n
be also receive patent for his mill. site. as pro
las ded in this section. n
SEC. 16. That all acts and parts of acts inc
be sistsnt herewith are hereby repealed: Provid
be That nothing contained In this act shn II he r,