Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-22

sSsii cs,-;sx The proceedinRs and iudgment-roll 1
10 The Commissioner the Land Oftics, IS 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 1880 and July 3, 1870 IN the
case of an Individual. may consist in his own
AFFIDAVIT thereof. and in case of an ASSOCIATION OF
persons unincorporstec OF the afhdaVit OF their I
authorized agent. made on his own knowledge or .
upon information and belief, and in case OF 1
c6rporation organized under the laws Of the .
United States or Of any State or Territory OF the
United States by the filing of s certified copy OF /
their charter or certificate of incorporation, and I
nothing herein contained shall be construed TO /
prevent the alienation Of the title conveyed by /
paten; for a mining claim to any person what 4
ever.
SIC. s. That the description of vein or lode 1
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-
viewed lands, the Surveyor General in extending /
the surveys, shall adjust the same to the boun- !
daries Of such patented claims, according to the
plat or description thereof, but so as in ne case
TO interfere with or change the location OF any
such patented claim.
SIC .. That sections one, two, three. four and
six of an act entitled An Act granting the right
Of wsy 10 ditch and canal owners oyerthe pubic
lands and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty-sia.
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 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. TO- That the ect entitled An Act to
amend an act granting the right OF way TO ditch
and canal owners over the public lands and Tor
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
ngs 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
yeyed lands, and conform to legal subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located sinai!
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-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveySd lands: Provided, That proceedings
now pending may be prosecuted to their final
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 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 q placer
claim, and also q vein or lode included within
the boundaries thereof. application shall be
made for patent for the placer-claim, with the
hat, 1nis 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 10 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 us described in the second section Of
this act, is known to exist within the boundaries
of placer-claim, an application for patent for
such placer-claim, which does not include an ap.
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant of the pacer-claim has no right of pos
session Of the vein or lode claim; but where the
existence of vein lode in placer-claim is not
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof
| SEC. II That the Surveyor General OF the
| United States may appoint in each land district
! containing mineral lands 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
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 charge'
| for publication, he may designate any newspaper
published in a land district where mines ar,
| situated for the publication of mining notice
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-ofhce, 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 RI
ceiver shall be five dollars each for filing an
acting upon each application for patent or &C
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respectiy
parties; and no other fees shall be charged
them in such cases, Nothing in this act shall /
construed to enlarge or affect the rights of eitht
party in regard to any property in controversy
the time of the passage of this act or of the az
! entitled IAN act granting the right Of way
, ditch and canal owners over the public land
and for other purposes" approved July %, 1856
} shall this act affect any right acquired undo
said act and nothing in this act shall be col
strued to repeal, impair or in any way affect I'll
= provisions of the act entitled IAN act grantl
, to A. Sutro the right of way and other privilege
Il to aid in the construction of q draining and e.
d ploring tunnel to the Comstock Lode, In Il
r State of Nevada" approved July 25th, 1866.
Y SEC. -. That all affidavits required to
q made under this act or the act to which 1t
= amendatory, may be verified before any offic
n authorized to administer oaths within the lai
l. district where the claims may be situated, al
/, all testimony and proofs may be taken befo
n any such officer, and, when duly certified by L
V officer taking the same, shall have the same for
v and effect as II taken before the Register OIL
i Receiver Of the Land Office. In cases of conte
l. as to the mineral or agricultural character
: land, the testimony and proofs may be taken
! herein provided, on personal notice of at les
o ten days to the opposing party; or If said par
s cannot be found, then by publication of at les
n once week for thirty days in newspaper, to
d designated by the Register of the Land Office
= published nearest the location of such land; a
e the Register snail require PROOF that such mott
y has been given.
i SEC. IA That where two or more veins int,
d sect or cross each other, priority Of title sh,
T. govern, and such prior location shall be entitl
,e to all ore or mineral contained within the spa
lie of intersection: Provided, however That (
ig subsequent location shall have the right Of W
b. through said space of intersection for the p,
h possesses of the convenient working Of the 60
as mine: And provided also. That where two
rs more veins unite, the oldest or prior locati
9. shall take the vein below the point of union,
J. Guiding all the space of intersection.
n SEC. 10. That where non-minersl land I
Is contiguous to the vein or lode is used or oct
e pied by the proprietor Of such vein or lode
,e mining or milling purposes, such non-adjac
II surface ground may be embraced and includ
II in an application for patent for such vein
D lode, and the same may be patented therewii
n subject to the same preliminary requirenier
Il as to survey and notice rs are applicable und
e this act to veins or lodes: Provided, That
e location hereafter made Of such non-adjace
n land shall exceed i've acres, and payment 1
d the same must be made at the same rate a. AZ
E. by this act for the superfcies Of the lode. T
,e owner Of q quartz mill or reduction works, n
N owning q mine in connection Herewith, m
,e also receive a patent for his mill Site as pro
Is ded in this section. :
SEQ. 49, That all acts and parts Of acts incc
70 sistent herewith are hereby repealed: Provide
"a That pothipu cppt aipad II, thia - bal N,a