Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-10-08
MINERAL LANDs-BILL PASSED.
MINERAL LANDS.
Au.nded Bill Reported by Senate
tewa and Passed.

svcr,os I. That the mineral lands OF the
nnbI;c domain. both surveyed and unsuryey-
ID are hereby declared to be free and open
IN ernloration and occupation by all citizens
Of he United States, and those who have
declared their intention to become citizens,
subject 10 such regulations as may be pre-
scribed by law. and subject also to local GUS
tom or rules Of miners In the several mining
districts. 80 far as the same may not be in
conflict with the laws of the United States.
SIC. Q. And Be Il further enacted, That
whenever any person or association OF per-
sons claim n vein mr. lode of quartz, or other
rock in niace. bearing gold. silver, cinnabar,
or conner having preSiously occupied and
;mnroycd the same according to The local
custom or rules Of miners IN the district
where the same is situated, and having ex-
pended in actual labor and improvements
thereon an amount not less than one thou
sand dollars, and in regard to whose posses
sion there is no controversy or opposing
claim, it shall and may be lawful for said
claimant or association Of claimants to file
in the local land office n diagram Of the same,
so extended ~laterally or otherwise MS to con.
form to the local laws, customs, and rules of
miners, and to enter such tract and receive a
patent therefor, granting such mine, together
with tho right to follow such vein or lode,
with its dips, angles and variations, to any
| depth, although 1t may enter the land adjoin-
| ing, which land adjoining shall be sold cub
ject to this condition.
SEC. 3. And be Il further enacted, That
upon the fling 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 Office
| shall publish a 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, il no ad-
verse claim shall have been filed, it
| shall be the duty Of the Surveyor Cen
eral. upon application Of the party,
TO survey the premises and make a plat
| thereof. Endorsed with his approval, designa-
| ting Inc number and description Of the ioca-
tio5n the value of the labor and improve
| ments. and the character OF the vein cx-
no,ed: and upon the payment to the proper
officer of 1--WE dollars per acre, together with
the cost Of each survey, plat, and notice, and
giving satisfactory evidence that said dia-
Sram 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 Oftice said plat, survey,
and description; and a patent shall issue for
| the same thereupon. 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 IL further enacted, That
when such location and entry Of a mine shall
be upon unsuryeyed lands, It shall and may
be lawful, after the extension thereto OF the
public surveys, to adjust the surveys 10 the
limits Of the premises according to the loca,
ton and possession and plat Aforesaid ana
| the Surveyor General may, in extending the
surveys, vary the same from a rectangular
form to suit the circumstance Of the coun.
try and the local rules, laws, and customs OF
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 discoyerer
| Of the lode, with the right to follow such vein
to any depth, with all its dips, variations, and
| angles, together with n reasonable quantity
| Of surface for the convenient working OF the
same as fixed by local rules: And provided
further, That no person may make more
| than one location on the same lode, and not
more than three thousand feet shall be taken
in any one claim by any association Of
ner,on..
Spc. 4. And be il further enacted, That as
, further condition Of sale, in the absence Of
necessary LEGISLATION by Congress, the local
Ieoislature of any State or Territory may
nroyide rules for working mines involving
easements, drainage, and other necessary
means to their complete development; and
those conditions shall be fully expressed in
| The patent.
SEC. G. And be Il further enacted, That
Whenever any adverse claimants 10 any mine
located and claimed as Aforesaid shall appear
heforc the annroyal Of the survey, as pro-
yided in the thfrd section Of this Act, all pro-
seedlings ,b,il be STAYED until a final settle
won't and ad;udication in the Courts of COM
nctent jurisdiction of the rights Of posses
sion 10 such claim, when a patent may issue
as in other cases.
SIC. 7. Ard be IL further enacted, That the
President of the United States be, and /:
hereby, authorized to establish additions.
land districts and to appoint the necessary
officers under existing laws, wherever he
NAV deem the same necessary for the public
convenience in executing the provisions o.
iris Act.
Spc g And he IL further enacted. That tho
,;oht of way for The construction of high.
~ oyer nnbl;c lands. mot reserved for pTb.
liz uses. Is hereby granted.
SEC. 9. And be IL further enacted, Tha,
whenever, by priority Of possession, rights to
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, laws
and the decisions Of Courts, the possessors
and owners Of such vested rights, shall be
maintained and protected in the same and
the RIGHT of way for the construction Of ditch
o. ND c,nals Tor the nurposes aforesaid Is
hereby acknowledged and confirmed. Pro.
yided. however, That whenever, after the
passage Of this Act, any person or persons
shall, in the construction of any ditch oil
canal, injurc 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, Tha,
wherever, prior to the passage OF this Act,
upon the lands heretofore designated as min.
f-A-.