Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-14

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 Jaly 1870 in the
case of "a individual. may consist in his own
affidavit Thereof and in case of An association OF
persons unincorporatsd Of the afhdavit OF their
authorized agent, made on his own knovlsdge or
upon information and belief. and IN case of =
corporation Organized under the laws OF the
United States, Of any State or Territory OF the
United Statss. 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 fer a 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, bat need not conform
Herewith; but where patent shau De
issued as aforesaid for claims upon unsur-
yeyed lands the Surveyor General in extending
the surveys shall adjust the same to the soun-
dsries of such patented claims, according to the
plat or description thereof, but SO a. in no case
to interfere with or change the location OF any
such patented claim.
SEC. 9. 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 si1ty-siA,
are hereby repealed.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-si1th, 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 tbs 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 seven OF this
act for obtaining patents to vein or lode claims;
| but where said plscer-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 near as practicable with the United
! States system Of pnblic 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 to legal sub
division, survey and plat shall be made 40 on
| unsuryey,d lands: Provided That proceedings
i now pending may be prosecuted to their hnAl
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 or pre-emphon 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 it includes such vein or lode and
in such case subject to the provisions OF tins
/ tl,. IL fAy1a ct 70 r
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 th'
payment Of five dollars per acre for such vein oil
lode claim, and twenty five feet Of surface oil
each side thereof Ths remainder of the placer
claim. or 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 where avein o.
lode such as described in the second section o
this act, is known to exist within the boundarie
of o placer-clain, an application Tor patent 10
such placer-claim, which does not include an ap
plication for the vein or lode claim, shall b.
construed as conclusive declaration that tn
ella mant OF the placsrclaim has no right of pos
session OF the vein or lode claim; but where tn
existence Of vein or lode in placer-c claim is no
known, patent for the placer-claim shall sonvs
all valuable mineral and other deposits With
this boundaries thereof.
, SEC. IL That the Surreyor-General OF tn
United States may appoint in each land distric
containing mineral lands as many eompeter
} surveyors as shall apply for appointment to SUI
E vey mining claims The expenses OF the survs
8 Of vein or lode claims, and the survey and sui
4 division OF placer claims into smaller quantiti'
e than one hundred and sixty acres, together wit
the cost Of publication OF notiees,shAll be paid
T heapplicants and they shall be at liberty to o
i tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
y States Deputy Surveyor to make the surve,
e The Commissioner of the General Land-OfhS
q shall also have power to establish the maximui
+ charges for surveys and publication Of notic'
i under this act: and in case OF excessive sharg
3 for publication, he may designate any newspap
u published in land district where mines a
e situated for the publication Of mining motto
i in such district and fx the rates to be charge
u by such paper; and, to the end that the Commi
IS sioner may be fully informed on the subjeC
. each applicant shall file with the Register
o sworn statement of all charges and fees paid
10 said applicant for publication and surveys,
N gether with all fees and money paid the Resist
a. and Receiver Of the land which stateme
l, shall be transmitted, with the papers in &
S, case, to the Commissioner OF the General Ian
e. Office The fees of the Register and the
re ceiver shall be five dollars each for filing al
Of acting upon each application for patent Or q
Is verse claim filed, and they shall be allowed t
t, amount fixed by law for reducing ties
Or mony to writing. when done in Land Office, su
r. parties; and no other fees shall be charged
IN them in such cases. Nothing in this act shall
n, construed to enlarge or affect the rights of eth
at party in regard to any property in controversy
IN the time Of the passage of this act or OF the
Id entitled "An act granting the right of way
TO ditch and canal owners over the public Ian,
IN and for other purposes, approved July 26, Is
no shall this act affect any right acquired unt
said act; and nothing in this act shall be &C
ed strued to repeal impair, or in any way affect
b. provisions Of the act entitled IAN act grant
n to A. Sutro the right Of way and other privilsI
a to aid in the construction Of draining and I
ed ploring tunnel to the Comstoek Lode, in
or State OF Nevada, approved July 25th, 1866.
ay SEC. IS. That all affidavits required to
a made under this act, or the act to which it
'e, amendstory, may be verified before any Off
IN authorized to administer oaths within the Ia
Ii district where the claims may be situated, q
al, all testimony and proofs may be taken bef
I'M any such officer and, when duly certified by
by officer taking the same, shall have the same 10
Ply and effect as il taken before the Register I
oh Receiver of the Land Office. In CASES Of cont
u as to the mineral or agricultural character
re- land, the testimony and proofs may be taken
At herein provided, on personal notice OF at lie
So ten days to the opposing party; or If said pa
as cannot be found then by publication Of at le
in once week for thirty days in newspaper, to
ed designated by the Register of the Land Ofhct
W published nearest the location Of such land;
he the Register shall require proof that such not
To- has been given.
AT SEC. IA. That where two or more veins I'M
cd sect or cross each other, priority Of title ST
ig- govern and such prior location shall be EMIT
he to all ore or mineral contained within the sp
he Of intersection: Provided, however, That
ng subsequent location shall have the right Of +,
n through said space Of intersection for the ?
tn possesses of the convenient working Of the !
les mine: And provided ALSO That where two
'rs more veins unite, the Oldest or prior locat
Se- shall take the vein below the point Of union,
IN Guiding all the space Of intersection.
Ter SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or &C
he pied by the proprietor Of such vein or lode
be mining milling purposes. such non-adjac
OF surface ground may be embraced and inclu,
all in an application for patent for such veiI
no. lode, and the same may be patented therewi
on subject to the same preliminary requirenis
II as to survey and notice IS are applicable un
The this act to veins or lodes: Provided, That
ice location hereafter made Of such non-adjac
lon land shall exceed fve acres, and payment
led the same must be made at the same rate a.
Of by this act for the super1oies Of the lode.
rise owner Of . quartz mill or reduction works,
ON owning . mine in connection Herewith, I
be also receive patent for his mill-site. ~ pr