Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-07


err 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 Once, rs in the
preceding case, and patents shall issue to the
several parties sccoriing TO their respective
rights Proof Of citizenship under this act. or
the act Of July 26th lsG6, and July 1870. in the
case of an individual may consist in his own
affidavit thereof, and in case of an association of
persons unincorporsted of the affidavit of their
authorized agent, made on his own knowledge or
upon information and belief, and In case of q
corporation organized under the laws of the
United States, Of any State or Territory of the
United States, by the filing Of certified copy Of
nothing herein contained shall be construed to
prevent the alienation OF the title conveyed by
patent for a mining claim to any person what
ever.
SIC. s. Tha, 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 the location OF any
such patented claim.
SEC. Q. That sections one, two, three, four and
SIX Of an set 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 stxty-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are hereby repealed, but such repeal shall not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 o 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 sixtysix, 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
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
plscer-claims cannot be conformed to legal SUBJ
division survey and plat shall be made as on
unsurveysd 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.
vided also, That where 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 OF presumption purposes.
SEC IL. That where the same person, associs-
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 hat ii includes such vein or lode, and
in such case tsubject 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 a placer-claim, an application for patent for
such placer-claim, which does not include an APP
plication for the vein or lode claim, shall be
construed as q conclusive declaration that the
ella mant of the placer-claim has no right o ( pos
session Of the vein or lode claim; but where the
existence of vein or lode in pacer-claim is not
known, patent for the placer-cla shall convey
all valuable mineral and other deposits within
til. 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 shall apply for appointment to sur.
! vey mining claims. The expenses of the survey
! 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 of publication of notices shall be paid by
the applicants. 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 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
| sworn statement Of all charges and fees paid b,
said applicant for publication and surveys, to
gether with all fees and money paid the Resiste
| and Receiver Of the land-otfice, which statemen
| 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
| CtlNtr endli uNt ublldfs thCn lOT ullIp dL'
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
mony to writing when done in Land Office, sucl
fees and allowances to be paid by the respectiv
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 4
the time OF the passage of this act, or of the &C
entitled AN act granting the right of way t
| t.nba nj 1.,, a.
and for other purposes" approved July 26, 1866
nor shall this act affect any right acquired unde
said act; and nothing in this act shall be cor
strued to repeal, impair, or In any way affect tn
| provisions of the act entitled "An act grantin
to A. Sutro the right of way and other privilege
, to aid in the construction of a draining and ex
| ploring tunnel to the Comstock Lode in Ii
r State OF Nevada" approved July 25th, 1866.
Y SEC. 10. That all afidavits required to l
4 made under this act, or the act TO which II
l., amendatory, may be verified before any offic,
4 | authorized to administer oaths within the lar
: district where the claims may be situated, ar
all testimony and proofs may be taken befo
any such officer. and, when duly certified by Il
officer taking the same, shall have the same for
' and effect as If taken before the Register al
i | Receiver of the Land Office. In cases of conte
as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided, on personal notice of at lea
, ten days to the opposing party; or II said par
$ cannot be found, then by publication Of at lea
4 | once a week for thirty days in q newspaper, to
| designated by the Register Of the Land Office
: published nearest the location Of such land; al
E the Register shall require proof that such mott
has been given.
( SEC. IA. That where two or more veins int
d sect or cross each other, priority of title sh,
+ govern, and such prior location shall be entitl
e to all ore or mineral contained within the spa
e of intersection: Provided, however, That {
& subsequent location shall have the right of W
/ through said space of intersection for the pr
b possesses of the convenient working Of the SO
s mine: And provided also, That where two
s more veins unite, the Oldest or prior locati
!. shall take the vein below the point of union,
/. Guiding all the space Of intersection.
r SEC. is. That where non-mineral land n
s contiguous to the vein or lode is used or occ
e pied by the proprietor Of such vein or lode I
e mining or milling purposes. such non-sdjace
( surface ground may be embraced and includ
/ in an application for patent for such vein
). lode, and the same may be patented therewit
n subject TO the same preliminary requirener
T as to survey and notice as are applicable und
g this act to veins or lodes: Provided, That
e location hereafter made Of such non-adjace
q land shall exceed five acres, and payment
a the same must be made at the same rate as fix
: by this act for the superfcies Of the lode. T.
e owner of q quartz mill or reduction works, n
n owning . mine in connection Herewith m
e also receive q patent for his mill -site as pro,