Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-10

pay for his portion Of the claim, with the prop
er fses. and hle the certifcate 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, OF
the act Of July 26th 1865, and July O. 1870 in the
| case Of an individual. may consist in his own
affidavit thereof. and in case of association Of
/ persons unincorporxAed Of the affdavit of their
authorised agent. made on his own knowledge OF
i upon information and belief, and in case of q
corporation organised under the laws Of the
United States or Of uny State or Territory Of the
! United States, by the hling OF 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 q
patent for mining claim to any person what.
ever.
SIC 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-
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.
six. OF an act entitled An Act granting the right
of way to ditch and canal owners over 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are hereby repealed, but such repeal shall not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 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 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 to the proceedings to obtain
| patent which shall be similar to the proceed
ings prescribed by sections six and seyen 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 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-clams cannot be conformed to legal sub
/ division, survey and plat shall be made as on
/ unsurveytd lands: Provided, That proceedings
]
| 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.
| yided also, That where by the segregation of
mineral land in any legal subdivision q 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 lode included within
| the boundaries thereof, application shall be
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 IAN 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 is known to exist within the boundaries
of placer-claim, an application for q patent for
such placer-claim which does not include an sp-
plication for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant OF the placer-claim has right OF pos
session Of the vein or lode claim; but where the
existence of avein or lode in placerclaim is not
known, apatent 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 as many competent
| surveyors as shall apply for appointment to sur
| of vein or lode claims, and the survey and sub.
division of placer claims INTO smaller quantities
than one hundred and sixty acres together with
the cost publication of notices shall be paid by
theapplcants, 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 to establish the maximum
charges for surveys and publication of notices
under this act; and, in case of excessive charges
| for publication, he may designate any newspaper
| published in a 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 a
sworn statement of all charges and fees paid by
said applicant for publication and surveys to-
gether with all fees and money paid the Resister
and Receiver of the land office, which statement
! shall be transmitted, with the papers in the
case, to the Commissioner of the General Land.
/ Office. The fees of the Register and the Re-
] NtlNtT hlhll pt HNt uOlldrs each lOT ming ana
acting upon each application for patent or ad.
verse claim filed. and they shall be allowed the
amount fixed by law for reducing test.
mony to writing when done in Land Office, such
fees and allowances to be paid by the respective
| parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge or affect the rights of either
party in regard to any property in controversy q,
the time OF the passage of this act, Of the act
entitled IAN act granting the right of way to
a nd mol ntvrh tbA yN,,11 -, A.
and for other purposes approved July &c, 1866
nor shall this act affect any right acquired under
said act; and nothing in this act shall be con
strued to repeal impair, or in any way affect the
provisions of the act entitled IAN act granting
to A. Sutro the right of way and other privileged
to aid in the construction of draining and ex-
ploring tunnel to the Comstock Lode in tn,
State of Nevada" approved July 25,h. 1866.
SEC. 10. That all affidavits required to b.
made under this act or the act to which it /.
amendatory, may be verified before any Office
authorized to administer oaths within the lane
district where the claims may be situated, ant
all testimony and proofs may be taken befor,
any such officer, and, when duly certified by tn,
officer taking the same, shall have the same fore,
and effect as If taken before the Register ant
Receiver of the Land Office. In cases of contes
as TO the mineral or agricultural character o
land, the testimony and proofs may be taken a
herein provided, on personal notice of at leas
ten days to the opposing party; or if said part,
cannot be found, then by publication of at leas
once a week for thirty days in a newspaper, to b
designated by the Register of the Land Office a
published nearest the location of such land; an,
the Register shall require proof that such motto
has been given.
SEC. IA. That where two or more veins inter
sect or cross each other, priority of title shall
govern, and such prior location shall be entitle
to all ore or mineral contained within the spac
of intersection: Provided, however, That tn
subsequent location shall have the right of wa
through said space of intersection for the pur
possesses Of the convenient working of the sal
mine And provided also, That where two o
more veins unite, the oldest or prior location
shall take the vein below the point Of union, in
Guiding all the space of intersection.
SEC. Is. That where non-mineral land no
contiguous to the vein or lode is used or occu
pied by the proprietor of such vein or lode 70
mining or milling purposes, such non djacen
surface ground may be embraced and include
in an application for patent for such vein o
lode, and the same may be patented Herewith
subject to the same preliminary requirement
as to survey and notice as are applicable unde
this act to veins or lodes Provided, That n
location hereafter made Of such non-adjscep
land shall exceed five acres, and payment 70
the same must be made at the same rate as Axe
by this act for the superfcies Of the lode. Tn
owner of quartz mill or reduction works. no
! owning q mine in connection Herewith ma