Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-09-20
NINlRM LANDS-BlLL PASSED.
MINERAL LANDS.
Amended Biii Reported by senator
AtcEnrf md Pn.Ael.

oy StuukoF
stewart and Passed.
SECTION l. That the mineral lands Of the
public domain, both surveyed and unsurvey-
ed, are hereby declared IT, be free and open
10 exploration and occupation BY all citizens
OF the United States, and those who have
declared their intention 10 become citizens,
subject 10 such regulations as may be pre-
serioed 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
conflict with the laws OF the United States.
SEC. ?. Ani 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, cinnaoar,
or copper, having previously occupied and
improved the same according to the local
custom or rules OF miners IN the district
where the same is situated, and having cS-
pended 10 actual labor and improvements
thereon an amount not less than one thou
sand dollars, aud in regard 70 whose posses
sion there Is no controversy or opposing
claim, Il snail and NAV be lawful for said
claimant or association Of claimants 10 file
in the lOc al land Office a diagram Of the same,
so extended later-liy or otherwise as TO con-
form 20 the local laws, customs, and rules OF
miners, and 70 enter such tract and receive a
pa,cu, therefor, granting such mine, together
with the righ; 10 follow such vein or lode,
with its DIPS, angles and variations. 10 any
depth, although II may enter the land adJoin-
Ing, which land adjoining shall be sold cub
ject 20 this condition.
SEC. 8. .ini Be IL further enacted, That
upon the Eliug uf the diagram as provided IN
second section OF this Act, aud posting the
same in a conspicuous place on the claim,
Of pF nnDly
for 4 patent, the Register OF the Land Ofice
shall publish a notice OF the same 10 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 periud, II no ad
verse claim shall have been tled, Il
shall be the duty Of the Surveyor Cen
eri,, upon application OF the party,
20 survey the premises and make a plat
thereof, IndorSed with his approval, desisna'
ting the number aud description OF the luca.
uon. the value Of the labor and improve
rncnt<, and the character OF the vein ex-
posed; and upon the payment 10 the proper
officer Of tive 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 nf the Land Oihce snail transmit 20
the General Land Ohce said plat. survey,
and description, and pateut 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 De expressed IN the patent issued.
SEC. 1. Ind Be IL further enacted. That
when such location and entry Of mine shall
be upon unsurvcyed lands, !; shall and may
be lawful. after the extension thereto Of the
public surveys, 10 adjust the surveys 20 the
limits OF the premises according 20 the loca.
tion and possession and plat aforesaid, and
the Surveyor General may, in extending the
surveys, vary the same from a rectangular
form 20 SUIT the circumstances OF the coun-
,rv aud 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 adtI-
tional claim for discovery TO the dIScoverer
OF the lode, with the right 20 follow such vein
20 any depth. with all its dips, variations. and
angles, together with a reasonable quantity
OF surface for the convcnien, working Of the
same as txed oy 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
persons.
SEC. 5. A,lG Be Il further enacted. That as
4 further condition Of sale, In the absence OF
necessary legislation by Congress, the local
Legislature OF any State or Territory may
provide rules for working mines involving
drainage, aud other necessary
means to. their complete development; and
those conditions shall be fully expressed IN
the patent.
SIC. 6. And Be Il further enacted, That
whenever any adverse claimants 20 ary mine
located and claimed as aforesaid shall appear
before the approval Of the survey, as pro-
vided in the third section Of this Act, all pro-
ceedng, shall be stayed until hnaI settle
meut and adjudication in the Courts OF COM
petent Jurisdiction Of the rights Of posses
sion 10 such claim, when patent may issue
as in other cases.
sec. !. Aad be il farther enacted, That the
Presiden, Of the United States be, aud is
hereby, authorized TO establish additional
land districts and to appoint the necessary
officers under existing laws, wherever ne
NAV deem the same necessary for the public
convenience in executing the provisions Of
this Act.
Syc. S. And Be IL further enacted, That the
righ, of way for the construction Of high
WAYS over public lands, not reserved for pub
Ii, uses, is hereby granted.
SIC. 9. AJli Be Il further enacted. That
whenever, BY priority Of possession, rights 10
the use of water for mining, agricultural,
manufacturing, or other purposes, have vest
cd and accrued, and the same are recognized
and acknowledged by the local customs. laws
and the decisions Of Courts, the poSseSS0rs
and owners Of such vested rights, shall be
maintained and protected in the same; and
the right Of way for the construction OF dltch-
es and canals for the purposes Aforesaid IS
hereby acknowledged and confirmed. Pro-
vided, however, That whenever, after the
passage Of this Act, any person or persons
shall, in the construction OF any ditch or
canal, iuiure or damage the possession OF any
settler on the public domain, the party com
mitting such injury or damage shall be liable
TO the party injured for such injury or dam
age.
SEC. 10. Ana Be i: further enacted, That
wherever, prior 10 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 homesteads
made by citizens Of the United States, or
persons who have declared their intention TO
become citizens, which hOmesteads have been
made, improved, aud used for agricultural
purposes, and upon which there have been
no valuable mines Of gold, silver, cinnabar
or copper discovered, and which are properly
AGRICULTURAL lands. the said settlers or owners
Of such homesteads hall have right Of pre-
emp,ion thereto, and shall be entitled to pur-
chase the same a, the price Of one dollar aud
twenty-five cents per acre, and in quantity
NOT 10 exceed one hundred and sixty acres ;
or said parties may avail themselves OF the
O,oy;sinns Of the Act Of Congress approved
Nav twenty, eighteen hundred and six,y.,wo,
entitled "Au Act to secure homesteads 70
actual settlers on the public domain and
Acts amendatory thereof IT,,
SEC. II. And be il further enacted, That tS
r,on ,be survey Of the lands aforesaid the
Secretary Of the Interior may designate ana
s., snar; such portions Of the said Iands as As
are clearly agricultural lands, which lanai anu
,hall thereafter be subject to pre-emp'iTn anG