The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1889-08-03

file his affidavit, showing that the plat
and notice have been posted in con-
spicuous place on the claim during such |
period of publication. If no adverse
claim shall have been fled with the reg |
lister and receiver of the proper land-of-
fee at the expiration Of the sixty days OF
publication, it shall be assumed that the
applicant is entitled 60 3 patent, and
that no adverse claim exists, and upon
the payment to the proper officer OF FIVE
dollars per acre he shall receive certih
cate of entry; and thereafter no obitc
tion from third parties to the issuance OF
| patent shall he heard except it be
shown that the applicant has failed to
comply with the terms of this chapter.
But no more than three thousand feet in
length along the vein of claims located
prior to the tenth day Of May, eighteen
hundred and seventy two, and not more
than the extent of one claim fifteen hun.
| uicu iCtb III lcbheu ny cih uuuoAou iSSe
in width located after said date shall DE
Included in the same application for
patent. and not more than eighty acres
Of placer ground shall be included in the
same application for a patent.
SEC. 4. That section twenty-three
hundred aud thirty.four OF the Revised
Statutes be amended by adding thereto
the following:
"And the surveyors appointed under
the provisions of this section shall have
power to administer oaths to their assist
ants"
| SEC. S. That section twenty. three
hundred and thirty-6ve of the Revised
Statutes be amended SO as TO read.
"SEc. 1886. All atiidavits required to
be made under this chapter may be veli.
fed before any officer authorized to adj
minister oaths 10 any State or Territory
of the United States or in the District of
Columbia, and all testimony and proofs
may be taken before any such officer,
, and when duly certified by the Of
ticer taking the same, shall have the
, same force aud effect as if taken before
the register and receiver of the land-of
, fee. In cases of contest as to the min
z eral or agricultural character of land
5 the testimony and proofs may be taken
under such regulations rs the Commits
e soner of the General Land Office ma,
|, prescribe: PROVIDED, That the pres
Y ence of rock in place bearing gold, silver
d cinnabar, or other valuable metal, shal
If be regarded as prima face evidence tina
v the land containing the same is minera
:. in character; and veins of rock in plac
N bearing such minerals and appearing o
d the surface of the ground, or in excavs
(. tions made thereon, shall be regarde
Or within the meaning of section twenty
q three hundred and thirty three of tn
n. Revised Statutes as veins or lodes know
in to exist"
TX SEC. 6. Amend section twenty-five
hundred aud thirty EIGHT of the Revise
ee Statutes so as to read.
ed "SEc. 1888. As condition Of sa
each patent shall reserve the right
nd way through or over any mining clai
os. for roads, bitches. canals, cuts, tunnel
IN. and other easements, for the purpose
or. working other mines: PROVIDED, Tn
In. any damages occasioned thereby shall
10. assessed and paid in the manner provd
es, by the laws of the State or Territory
the which such mine is situated for asse
the ments and payments for land taken
r a public use under the right of eminent {
I'm. main. And the rights and easemei
Id. heretofore reserved under the prov
non ions OF this section (twenty.three h,
the bred and thirty.eight of tine R.vi'
ing Statute,) in patents heretofore issr
, or oh Ill be regulated and made available
K ed | herein nrescrihet -