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

,ay for his portion of the claim, with the prop
II fees. and file the certificate and description
~ the Suryeyur-Cieneral, whereupon the register
.6aIl certify the proceedings and judgment-roll
% the Commissioner ofthe Land Once, as IN the
breeding case, and patents shall issue to the
,ayeral parties according TO their respective
rights. Proof of citizenship under TINS act OF
he act of July 26th 1866 and July 3, 1870, in the
case of an individual, may consist in his own
afidayit thereof, and in of an association OF
persons uninc0rporated OF the affidavit OF thelr
authorized agent made on his own knowiedee 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 or certificate OF incorporation and
nothing herein contained shall be construed 10
prevent the alienation of the title conveyed by
patent for a 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 De |
issued as aforesaid for claims upon unsur-
yeyed lands, the Surveyor General in extending |
the surveys shall adjust the same TO the bonn-
daries 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.
SIC O. That sections one, two, three, four and
six of an act entitled An Act granting the rlght
of way to ditch and canal owners overthe pubic
lands and for other purposes, approved July
twenty sixth. eighteen hundred ana siAtH-hh
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted TO o final decision in the General Lana
Office; but in such cases where adverse fiBnts
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, elehteeh
hundred and sixty-six shall convey all the rights
ral Inv wi
adverse rights exist at the time OF the passage oil
this act
SRC. 10. That the act entitled AN Act to
| amend an act granting the right OF way 10 diteh
! and canal owners over the public lands, ana Tor
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain ia
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 TINS
| act for obtaining patents to vein or lode claims
/ but where said placer-Caims shall be upon sur
yeyed lands and conform TO legal subdivislons,
no further survey or plat shall be required, ah1
all placer mining claims hereafter located shali
! conform near as practicable with the lhited
| 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 10 legal sup-
| division, survey and plat shall be made as on
| upsuryeysd lands: Provided, That proceedings
now pending may be prosecuted to their hnal
determination under existing laws; but the pro-
visions of this act when not in conflict with e1-
listing laws, shall apply to such cases: And pro,
| yided also, That whore by the segregation 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 pre-emption purposes
SEC. IL. That where the same person, associa-
ton or corporation in possession OF q placer
claim, and also a vein or lode included WITHIN
/ lar annliFatipn
| made for patent for the placer-claim, 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 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 OF
lode claim, and twenty-five feet Of surface OF
| each side thereof The remainder OF the placer
claim any placer claim not embracing an!
vein or lode claim, shall be paid for at the rat
Of two dollars and nifty cents per acre together
| with all costs of proceedings; and Whereaveln 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 Tor patent 10
such placer-claim, which does not include an ap
plication for the vein or lode claim, snail D
construed as u conclusive declaration that tn
ella man, of the placer-claim has no right o t pos
session Of the vein or lode claim; but where tn
existence of vein or lode in placer-claim is no
known, apatent for the placer claim shall conve
all valuable mineral and other deposits With
| | thu boundaries thereof.
, SEC. IL That the Surveyor-General OF tn
United States may appoint in each land distric
, containing mineral lands as many competeI
d surveyors as shall apply for appointment to su
@ | vey mining claims. The expenses of the surve
s of vein or lode claims, and the survey and SUI
f division Of placer claims INTO smaller quaniti'
Q than one hundred and sixty acres, together wit
| tl. ppltn Of lilb an notices
the applicants and they shall be at liberty to oil
4 tain the same at the most reasonable rates al
y they shall also be at liberty to employ any Unite
' States Deputy Surveyor to make the suryt
@ The Commissioner of the General Land-Oth'
a | shall also have power to establish the maximu
l. charges for surveys and publication of MOTTO
il under this act and, in case OF excessive charg
Is for publication, he may designate any newspap
II published in a land district where mines u
d situated for the publication of mining motto
Il in such district, and fix the rates to be charg
II by such paper; and, to the end that the Comm
rs sioner may he fully informed on the subjet
Nc each applicant shall file with the Register
10 sworn statement Of all charges and fees paid
le said applicant for publication and surveys,
n gether with all fees and money paid the Resist
n. | and Receiver of the land-ofhce, which stateme
4 | shall be transmitted, with the papers in
n case, to the Commissioner Of the General Lar
o. 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 nlcu, anu IHtN kHull bt hllOWeu
Il amount fixed by law for reducing tel
or mony to writing, when done in Land Office, 81
On fees and allowances to be paid by the respect
r. parties; and no other fees shall be charged
on | them in such cases. Nothing in this act shall
m construed TO enlarge or affect the rights of cit
al party in regard to any property In controversy
in | the time of the passage of this act or OF the
Ia entitled IAN act granting the right Of way
To ditch and canal owners over the public Ian
inn and for other purposes" approved July 26, Ii
| nnr shall this Act affect RIGHT acQuirpd
said act; and nothing in this act shall be C
led strued to repeal impair, or in any way affect
nh | provisions of the act entitled IAN act grant
nm to A. Sutro the right Of way and other privile
q n to aid in the construction of draining and
ted | ploring tunnel to the Comstock Lode, in
or State of Nevada approved July 25th, 1866.
nav SEC. IL. That all afldavits required to
n made under this act, or the act to which il
zee. amendatory, may be verified before any oil
i'm authorized to administer oaths within the
di district where the claims may be situated,
raj. all testimony and proofs may be taken be
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same f
nv and effect as If taken before the Register
,rb Receiver of the Land Office. In cases Of con
Gu. as to the mineral or agricultural characte
re. land, the testimony and proofs may be take
at herein provided on personal notice of at
wo ten days to the opposing party; or if said p
| 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 Ofit
NV | puDllsneu Nearest tne lOcAtlon VI SUCH
the the Register shall require proof that such M
no. has been given.
hat SEC IA. That where two or more veins II
nod sect or cross each ether, priority of title
SIG. govern, and such prior location shall be emit
he | to all ore or mineral contained within the s
the of intersection: Provided, however. That
ling subsequent location shall have the right of
i'm. through said space Of intersection for the
With possesses Of the convenient working OF the
ates mine And provided also, That where tw
lars more veins unite the Oldest or prior loo,
we | shall take the vein below the point Of unioI
ran. GLIDING all the space of intersection.
her SEC. 15 That where non-mineral land
acts contiguous to the vein or lode is used or
the pied by the proprietor of such vein or lod
, be mining or milling purposes, such non-adja
n of surface ground may be embraced and incl
nall in an application for patent for such We
no. lode, and the same may be patented there'
} on subject to the same preliminary requiem
II as to survey and notice are applicable u
the this act to veins or lodes; Provided, Thu
flee location hereafter made Of such non-adjs
ton land shall exceed five acres, and paymen
lied the same must be made at the same rate as
+ Of by this act for the superfces of the lode.
erse owner of quartz mill or reduction works
rom owning mine III conhecioh ,heIewith,
/ be also receive patent for his mill-site, as p
has ded in this section.
SEC l6. That all acts and parts Of acts IL
, ha | sistent herewith are hereby repealed Prov