Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-05

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 /,
by the Surveyor-General. whereupon the register Z
shall certify the proceedings and judgment-roll I
to the Commissioner ofthe Land Once, 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 Goth 1850, and July o. 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
corporation organized under the laws Of the
United States, or Of any State or Territory OF the
United States, by the filing of q 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
patent for mining claim TO any person what
ever.
src g. 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-
DIARIES of such patented claims, according to the
plat or description thereof, but so as in no case
to interfere with or change tho location OF any
such patented claim.
sfc Q. That sections one, two, three, four and
six of an act entitled An Act granting the right
oil way TO ultcl ana ChIhl OWLtfs OVER tue puuiiS
lands and for other purposes, approved July
twenty 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are hereby repealed, but such repeal shall not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
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.
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
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 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
placor-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyt d lands: Provided, That proceedings
NOW ptuulllp may Dt " tutli IhaA
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 quantity
of agricultural land less than forty acres
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 vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement that 1t 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 IN ap-
plcation for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella nant OF the placer-claim has no right o pos
existence of ayen or lode in placer claim is not
known, patent for the placer-claim shall convey
all valuable mineral and other deposits within
til boundaries thereof.
SEC. IL That the Surveyor-Geueral Of the
| United States may appoint in each land district
| containing mineral lands as many competent
| surveyors as shall apply for appointment to sur.
/ vey mining claims. The expenses of the survey
| Of vein or lode claims, and the survey and sub.
divisio1 of placer claims INTO smaller quantities
| than one hundred and sixty acres, together with
the cost of publication OF notices shall bepaid by
theapplicants, 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 Once
| 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 q 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
each applicant shall file with the Register
| sworn statement of all charges and fees paid by
said applicant for publication and surveys, to
| gether with all fees and money paid the Resistel
and Receiver OF the land-ofiice, which statement
shall be transmitted, with the papers in tn,
| case. to the Commissioner of the General Land
| Office. The fees of the Register and the Re
ceiver shall be five dollars each for filing ant
verse claim fled, and they shall be allowed tn
amount fixed by law for reducing testi
mony to writing, when done in Land Office, sucl
fees and allowances to be paid by the respective
| parties; and no other fees shall be charged b,
them in such cases. Nothing in this act shall b
construed to enlarge affect the rights of eithe
party in regard to any property in controversy a
the time of the passage of this act or Of the &c
entitled IAN act granting the right of way t.
ditch and canal owners over the public lands
and for other purposes" approved July %, 1866
nor shall this act affect any right acquired ,lnde
said act and nothing in this act shall be con
strued to repeal, impair, or in any way affect tn
provisions Of the act entitled "An act grantn
to A Sutro the right of way and other privilege
to aid in the construction of draining and ex
ploring tunnel to the Oomstock Lode, in tn
State OF Nevada" approved July 25ih, 1865.
SEC. ID. That all afhdsvits required to h
made under this act, or the act to which 1t
. amendatory may be verified before any Office
authorized to administer oaths within the Ian
district where the claims may be situated, an
, all testimony and proofs may be taken befor
any such officer and, when duly certified by IL
officer taking the same, shall have the same fore
and effect as If taken before the Register an
Receiver Of the Land ONCE. In cases Of confe
| as to the mineral or agricultural character ,
land, the testimony and proofs may be taken
herein provided, on personal notice of ut lea
ten days to the opposing party; or II said par,
cannot be found, then by publication of at lea
once week for thirty days in newspaper. to |
designated by the Register Of the Land Office
published nearest the location of such land; an
the Register shall require proof that such MOTIF
: has been given.
| SEC. IA. That where two or more veins int
! sect or cross each other, priority of title sha
govern, and such prior location shall be entitls
| to all ore or mineral contained within the spa,
Q of intersection: Provided, however, That q
Z subsequent location shall have the right of W,
through said space Of Intersection for the pu
, | possesses of the convenient working Of the ga
. mine: And provided also, That where two
more veins unite, the Oldest or prior locatic
shall take the vein below the point of union i
Guiding all the space of intersection.
SEC. Is. That where non mineral land n
, contiguous to the vein or lode is used or occ
, | pied by the proprietor Of such vein or lode f
. mining or milling purposes, such non-sdjacel
surface ground may be embraced and include
in an application for patent for such vein ,
lode, and the same may be patented therewitl
subject to the same preliminary Requirement
as to survey and notice as are applicable und,
this act to veins or lodes.- Provided, That \
location hereafter made OF such non-ad1acel
land shall exceed five acres and payment fl
the sAme must be made At the same rate az Axe
by this act for the superfcies of the lode II
owner Of quartz mill or reduction works, M
owning mine in connection herewith ma
also receive patent for his mill site. as prov
, A ded in this section.
SEQ. l6. Tint al scts and parts of acts inco,
. | eiEteut herewith hereby repea led. provido,