Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-11-08
MINERAL LANDs-BILL PASSED.
LANDS.
Amended Hill Reported by senator
AfH~nrl md Rnaneh.

exploration and occupation by all citizens
Of the United States, and those who have
declared their intention to become citizens,
to such regulations as may be pre-
BY law, and subject also to local Gus
tom or rules Of miners in the several mining
districts, so far as the same may not be IN
with the laws Of the United States.
SEC. 2. And be Il further enacted, That
whenever any person or association OF per-
sons claim a vein or lode Of quartz, or other
rock in place, bearing gold, silver, cinnabar,
or copper, having previously occupied and
improved the same according to the local
or rules Of miners in the district
where the same is situated, and having eI-
pended in actual labor and improvements
thereon an amount not less than n thou
sand dollars, and in regard to whose posses
sion there is no controversy or opposing
claim, il shall and may be lawful for said
claimant or association Of claimants to file
in the local land office a diagram Of the same,
so extended laterally or otherwise as to con.
form to the local laws, customs, and rules OF
miners, and to enter such tract and receive q
patent therefor, granting such mine, together
with the right to follow such vein or lode,
with its dips, angles and variations. to any
depth, although it may enter the land adJoin-
ing, which land adjoining shall be sold cub
ice. to this condition.
SIC. 8. And be It further enacted, That
upon the filing Of the diagram as provided IN
second section Of this Act, and posting the
same in a conspicuous place on the claim,
together with a notice Of intention to apply
for a patent, the Register OF the Land Ofice
shall publish n notice Of the same in a news
paper published nearest to the location OF
said claim, and shall also post such notice in
his Office for the period Of ninety days; and
after the expiration Of said period, If no ad-
verse claim shall have been filed, it
shall be the duty Of the Surveyor Gen
eral, upon application OF the party,
to survey the premises and make q plat
thereof, Endorsed with his approval, designa-
ting the number and description Of the loca-
ton, the value Of the labor and improve
ments, and the character of the vein ex-
posed; and upon the payment to the proper
officer Of FIVE dollars per acre, together with
the cost Of each survey, plat, and notice, and
giving satisfactory evidence that said dia.
gram and notice have been posted on the
claim during said period Of ninety days, the
Register Of the Land Office shall transmit to
the General Land Office said plat, survey,
and description; and a patent shall issue fol-
the same thercupon. But said plat, survey,
or description shall in no case cover more
than one vein or lode, and no patent shall
issue for more than one vein or lode, which
shall be expressed in the patent issued.
SEC. 4. And Be It further enacted, That
when such location and entry Of n min shall
be upon unsurveyed lands, it shall and may
be lawful, after the extension thereto OF the
public surveys, to adjust the surveys to the
limits Of the premises according to the loca,
ton and possession n plat aforesaid, ano
the Surveyor General may, in extending the
surveys, vary the same from a rectangular
form to suit the circumstances OF the coun'
try and the local rules, laws, and customs o.
miners: Provided, That no location hereafter
made shall exceed two hundred feet in length
along the vein for each locator, with an addI'
tional claim for discovery to the discoyerel
Of the lode, with the right to follow such vein
to any depth, with all its dips, variations, ant
angles, together with a reasonable quantity
of surface for the convenient working Of the
same as fxed by local rules: And provided
further, That no person may make more
than one location on the SAINT lode, and moi
more than three thousand feet shall be takcI
in any one claim BY any association o.
persons.
SEC. 5. Ind be IL further enacted, That al
a further condition OF sale, in the absence o.
necessary legislation BY Congress, the loca
Legislature of any State or Territory may
provide rules for working mines involving
easements, drainage, and other necessary
means to their complete development; anC
those conditions shall be fully expressed in
the patent.
SEC. 6. And be Il further enacted, Tha,
whenever any adverse claimants to any mine
located and claimed as aforesaid shall appeal
before the approval Of the survey, as pro
yided in the third section Of this Act, all pro
ceedings shall be stayed until u final settle
ment and adjudication in the Courts Of com
petent jurisdiction Of the rights Of posses
sion to such claim, when a patent may issu'
as in other cases.
SEC. I. And be It further enacted, That tn,
President Of the United States be, and i
hereby, authorized to establish additions
land districts and to appoint the necessar!
officers under existing laws, wherever h
may deem the same necessary for the publit
convenience in executing the provisions o
this Act.
SEC. s. And be IL further enacted, That tn,
right Of way for the construction of high
ways over public lands, not reserved for pub
lit uses, is hereby granted.
SEC. 9. And be IL further enacted, Tha
whenever, by priority Of possession, rights 4
the use Of water for mining, agricultural
manufacturing, or other purposes, have vest
ed and accrued, and the same are recognized
and acknowledged BY the local customs, law
and the decisions Of Courts, the possessor,
and owners Of such vested rights, shall b
maintained and protected in the same anc
the right Of way for the construction Of ditch
es and canals for the purposes aforesaid ii
hereby acknowledged and confirmed. Pro
vided, however, That whenever, after thu
passage Of this Act, any person or person,
shall, in the construction Of any ditch Of
canal, injure or damage the possession OF any
settler on the public domain, the party com
hitting such injury or damage shall be liable
to the party injured for such injury or dam
age.
SEC. 10. And be IL further enacted, Thai
wherever, prior to the passage Of this Act
upon the lands heretofore designated as min
eral lands, which have been excluded from
survey and sale, there have been homestead
made by citizens of the United States, oil
persons who have declared their intention to
become citizens, which homesteads have been
made, improved, and used for agricultural
purposes, and upon which there have been
no valuable mines Of gold, silver, cinnabal
or copper discovered, and which are properly
agricultural lands, the said settlers or owners
Of such homesteads shall have a right Of pre-,
emption thereto, and shall be entitled to pur,
chase the same at the price Of one dollar ant
twenty-five cents per acre, and in quantity
not TO exceed one hundred and sixty acres
or said parties may avail themselves of TIT
provisions Of the Act Of Congress approved
May twenty, eighteen hundred and sixty-two
entitled IAN Act to secure homesteads tC
actual settlers on the public domain" anc
Acts %amendatory thereof.
SEC. IL. And DO Il further enacted, Tha
upon the survey Of the lands aforesaid, thu
Secretary Of the Interior may designate ant
set apart such portions Of the said lands al
are clearly agricultural lands, which land
shall thereafter be subject to presumption ant
sale as other public lands Of the Unitet
States. and subject to all the laws and regu
lations applicable to tho same.
1.-THE above Act has been approved by tn!
President, and is now the law.-ED. News.