Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-14

ngN for his portion OF the cltlf1, Win rne
= fees and file the certificate and description 4
BIZ the surveyor-Crenersl. whereupon the register .
shall certify the proceedings and judgment-roll 4
10 the Commissioner Of the Land Once, as in the I
preceding case, and patents shall issue TO the I
several parties according to their respective I
rIshts. proof OF citizenship under this act, or I
the act Of July 25th 1885, and July p 1870, in the
case Of an Individual, may consist in his own
affidavit thereof. and in case Of az association oi
persons un.ncOrp1ra.ed Of the affidavit OF their
authorized agent, made On his own knowledge or
urou information and belief, and in case OF q
coronation organized under the lHws o. the
United States or Of any State or Territory Of the
United States. by the filing Of certified copy Of
their charter or certificate OF Incorporation ana
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.
srC. 6. That the description Of vein or lode
claims Upon surveyed lands, shall designate the
location q the claim with reference to the lines
Of the public surveys, but need not conform
Herewith; hut whore patent shall De
issued a. Aforesaid for claims upon unsur-
viewed 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
Euch patented claim.
SIC. q That sections one, two, three. four and
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-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are hereby repealed, but such repeal shall not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 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 tie act OF July twenty-sixth, eighteen
hundred and sizty-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. To- That the sct entitled An Act TO
amend Oh act granting the right OF way 10 ditch
/ and canal owners over the public lands, and for
/ other purposes approved July ninth. eighteen
! hundred and seventy, shall be and remain in
fnll force except as to the proceedings TO obtain
! d patent which shall be similar to the proceed
ings prescribed Big sections six and seven OF this
srt for obtaining patents to vein or lode claims;
/ but where said placer-clsims shall be upon sur
veyed lands, and conform TO legal Subdivisions,
no further survey or plat shall be required, and
4 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-claims 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 e1'
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 presumption purposes.
( SEC II. That where the same person, associa.
tiCn 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 this
act and the act entitled "An act to amend an act
granting the right of way TO ditch and CANA
| owners over the public lands, and for other pur
poses; approved July ninth eighteen hundred
and seventy patent shall issue for the placer
I claim, including such vein or lode, upon thu
payment OF five dollars per acre for such vein o
: lode claim, and twenty-five feet OF surface OF
/ each side thereof The 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 aud fifty 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 n plAcer-clHin, an application for 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 lnant Of the placer-claim has no right o pos
session Of the vein or lode claim; but where tn
existence Of vein or lode in placer-claim Is no
known, apatent tor the placer claim shall conve
all valuable mineral and other deposits With
tn. boundaries thereof.
, SIC. l. That the Surveyor-General OF til
United States may appoint in each land distri'
D containing mineral lands rs many competeI
o surveyors rs shall apply for appointment to su
@ veg mining claims. The expenses OF the surv'
8 Of vein or lode claims, and the survey and su
+ division of placer claims into smaller quantiti
e than one hundred and sixty acres, together wit
: the cost Of publication Of notices shall be paid
? theAppliCants and they shall be at liberty to o
/ tain the same at the most reasonable rates, al
theyshHll also be Of liberty to employ any Unite
: States Deputy Surveyor to make the surve
G The Commissioner of the General Land Off
I shall also have power to establish the maXimu
l. | charges for surveys and publication of motto
4 under this act; and, in case OF excessive charg
s for publication, he may designate any newspap
Il published in Il land district where mines a
@ situated, for the publication of mining motto
i in such district, and fix the rates to be charg
II by such paper; and, to The end that the Comm
IS sioner may be fully informed on the subje'
,e each applicant shall file with the Register
o sworn statement Of all charges and fees paid
Ie said applicant for publication and surveys,
n gether with all fees and money paid the Resis
A. and Receiver Of the lRnd-ofice, which statemt
4, shall be transmitted, with the papers in t
g. case, to the Commissioner Of the General Lar
e. Office. The fees of the Register and the
70 ceiver shall be five dollars each for filing a
Of acting upon each application for patent or
is verse claim fled, and they shall be allowed {
1. amount fixed by law for reducing Tel
or mony to writing, when done in Land Office, 81
IN fees and allowances to be paid by the respect
r. parties and no other fees shall be charged
IN them in such cases Nothing In this act shall
H. construed to enlarge or affect the rights of cit
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, II
no nor shall this act affect any right acquired un
said act and nothing in this act shall be C
ed strued to repeal, impair, or in any way affect
H. provisions of the act entitled IAN act grant
IN to A. Sutro the right of way and other privile
e to aid in the construction OF a draining and
ed ploring tunnel to the Comstock Lode, in
or State of Nevada" approved July 25h, 1866.
lay SEc IL. That all af1idavits required to
+ q made under this act, or the act to which II
ce, amendatory, may be verified before any off
i'm authorized to administer oaths within the
di. district where the claims may be situated,
al. all testimony and proofs may be taken bel
i'm any such officer and, when duly certified by
nv officer taking the same, shall have the same (,
py and effect as If taken before the Register
eli Receiver of the Land Office. In cases Of con
III as to the mineral or agricultural character
re- land, the testimony and proofs may be take
at herein provided, on personal notice of at /
wo ten days to the opposing party; or if said pi
as cannot be found, then by publication of at /
in once a week for thirty days in newspaper, Il
led designated by the Register of the Land Offic
w. published nearest the location of such land !;
he the Register shall require proof that such nc
no. has been given.
nat SEC. IA. That where two or more veins IL
od sect or cross each other, priority Of title 8
,ip. govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
the of intersections Provided, however, That
,pp subsequent location shall have the right Of
tn. through said space of intersection for the
ith possesses Of the convenient working OF the
tes mine: And provided also, That where tw,
Rrs more veins unite, the Oldest or prior loca
ve shall take the vein below the point Of union
an. Guiding all the space of intersection.
her SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or O
he pied by the proprietor OF such vein or lod,
be mining or milling purposes, such non-adja
of surface ground may be embraced and incll
all in an application for patent for such vel
no. lode, and the same may be patented therev
on subject to the same preliminary requiem
If as to survey and notice as are applicable III
the this act to veins or lodes: Provided, Tha
bce location hereafter made OF such non-adja
ion land shall exceed five acres, and payment
led the same must be made at the same rate as
Of by this act for the superfices Of the lode.
rse owner Of o quartz mill or reduction works
ON owning a mine in connection Herewith,
be also receive patent for his mill-site, as pi
mas ded in this section.
SEC. 16 That all acts and parts Of acts in
q -. L.. II. Il.