Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-22

II shall appear. from the decision Of the court,
that several parties are entitled to separate and
different portions Of the claim, each party msy
pay for his portion Of the claim, with the prop
er fees. and file the certificate and description
by the surveyor-General. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner OF the Land Office, as in the
preceding case, and patents shall issue to the
several parties according to their respective
rights. Proof Of citizenship under this act or
the act of July 26th ls66, and July g. 1870 in the
case 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, of any State or Territory of the
United States. by the filing of a 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 a
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 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 as in ne case
such patented claim.
SIC 3. That sections one, two, three, four and
six, of act entitled An Act granting the rig ht
of way to ditch and canal owners the 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are hereby repealed, but such repeal shall not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 Q final decision in the General Land
Office; but in such cases where adverse rights
Qva N aft Inv sc-,, ,v,
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. 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
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
acres for each individual claimant. but where
placer-claims cannot be conformed to legal SUBJ
division, survey and plat shall be made as on
lands Provided. That proceedings
now pending may be prosecuted to their final
under existing laws but the pro-
visions OF this act, when not in conflict with ex-
lstlng laws, shall apply to such cases: And pro-
v1ded also. That where by the aggregation of
mineral land in any legal subdivision quantity
81 agricultural land less than forty acres re-
mains, said fractional portion of agricultural
and may be entered by any party qualified by
aw, for homestead or presumption purposes.
SEC. IL. That where the same person, associa-
ION or corporation in possession of a placer
lain, and also vein or lode included within
he boundaries thereof, application shall be
made for patent for the placer-clain, with the
tatement that it includes such vein or lode, and
u such case Subject to the provisions of this
ct and the act entitled San act to amend an act
ranting the right Of way TO ditch and canal
wners over the public lands, and for other pur-
oses; approved July ninth, eighteen hundred
nd seventy patent shall issue for the placer
lain, including such vein or lode, upon the
ayment of i've dollars per acre for such vein or
ode claim. and twenty-five feet of surface on
ach side thereof. The remainder of the placer
lain. or any placer claim not embracing any
EN- or lode claim, shall be paid for at the rate
I two dollars and fifty cents per acre, together
nth all costs of proceedings; and where vein or
ode, such as described in the second section of |
his act, is known to exist within the boundaries
placer-claim, an application for patent for |
lch placer-elaim, which does not include an ap. |
LEGATION for the vein or lode claim, shall be |
onstrued as conclusive declaration that the |
la mant of the placer-claim has no right Of DOS
ession OF the vein or lode claim; but where the |
xstence Of vein or lode in placer. claim is not
nown, apatent for the placer-claim shall convey |
II valuable mineral and other deposits within |
A. boundaries thereof
SEC. IL That the Surveyor-General of the |
United States may appoint in each land district |
obtaining mineral lands as many competent |
urVeyors as snail apply for appointment to sur |
'ey mining claims. The expenses of the survey
4 vein or lode claims, and the survey and sub
lvlslon OF placer claims into smaller quantities
han one hundred and sixty acres, together with |
he cost OF publication of notices shall be paid by
he applicants, and they shall be at liberty to OBJ
am the same at the most reasonable rates, and |
hey shall also be at liberty to employ any United
tates Deputy Surveyor to make the survey, |
ne Commissioner of the General Land Office
hall also have power to establish the maximum
harges for surveys and publication of notices
nder this act; and, in case of excessive charges
Or publication, he may designate any newspaper
ublished in land district where mines are |
tuated, for the publication of mining notices |
} such district, and Ak the rates to be charged |
y such paper; and, to the end that the Commits |
loner may be fully informed on the subject,
ach applicant shall file with the Register a 1
worn statement of all charges and fees paid by |
nd applicant for publication and SURVEYS, to- |
ether with all fees and money paid the Resister |
nd Receiver of the land Office, which statement |
nall be transmitted, with the papers in the |
ase, to the Commissioner Of the General Land |
ffice. The fees Of the Register and the Re- |
eiver shall be five dollars each for filing and |
citing upon each application for patent or ad. |
erse claim filed, and they shall be allowed the |
mount fixed by law for reducing test. |
lony to writing, when done in Land Office. sucb
ees and allowances to be paid by the respective
arties; and no other fees shall be charged by |
hem in such cases. Nothing in this act shall be |
onstrued to enlarge or affect the rights of either
arty in regard to any property in controversy at
ne time Of the passage OF this act, or Of the act
Untitled "An act granting the right of wsy to
itch and canal owners over the public lands.
nd for other purposes" approved July 26. 1860.
or shall this act affect any right acquired under
aid act; and nothing in this act shall be con.
lrued TO repeal, impair, or in any way affect the
royisons OF the act entitled IAN act granting
0 A. Sutro the right of way and other privileges
0 aid in the construction of draining and ex-
loring tunnel to the Comstock Lode. in the
tate OF Nevada" approved July Goth, 1866.
SEC. 10. That all athdavits required to be |
made under this act, or the act to which II is |
may be verified before any officer |
to administer oaths within the land |
district where the claims may be situated. and |
II testimony and proofs may be taken before |
ny such officer, and, when duly certified by the |
same
nd effect as If taken before the Register and |
'eceiyer Of the Land Office. In cases Of contest |
s to the mineral or agricultural character of
and, the testimony and proofs may be taken as |
ereln provided, on personal notice of at least |
en- days to the opposing party; or if said party |
annot be found, then by publication of at least |
nee week for thirty days in newspaper, to be |
esignated by the Register of the Land Office as |
ubllshed nearest the location of such land: and |
ne Register shall require proof that such notice
as been given.
SEC. IA. That where two or more veins inter. |
ect or cross each other, priority of title shall
overn, and such prior location shall be entitled |
2 all ore or mineral contained within the space |
intersection: Provided, however, That the |
ubsequent location shall have the RIGHT of way |
trough said space Of intersection for the mr. |
oseses OF the convenient working Of the said |
line: And provided also, That where two or |
lore veins unite, the Oldest or prior location |
nall take the vein below the point Of union, in |
uding all the space ofintersection.
SEC. 10. That where non-mineral land NOT |
1ntiguous to the vein or lode is used or occu- |
led by the proprietor of such vein or lode for I
lining or milling purposes, such nom djscent
lrface ground may be embraced and included
an application for patent for such vein or
de, and the same may be patented Herewith.
lbJect to the same preliminary requirements
to survey and notice as are applicable under
lis act to veins or lodes: Provided, That no
cation hereafter ypada NJ a,,,b 49,. a.---X |