Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-09-26
MINERAL LANDS-Bll.L PASSED.
MINERAL LANDS.
Amended Bill Reported by Senator
stewart nnd Passed.

Amended Bill Reported by Senator
stewart nnd Passed.
SECTION l. That the mineral lands Of tht
public domain, both surveyed and unsurvey
ed, are hereby declared TO be free and oper
20 exploration and occupation by all citizen!
Of the United States, and those who have
declared their intention 20 become citizens
subject TO such regulations rs may be pre-
scribed 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 III
conflict with the laws Of the United States.
SEC. >. AJld be Il further enacted, That
whenever any person or association Of per
sons claim vein or lode OF quartz, or other
rock in place, bearing gold, silver, cinnabar,
or copper, having previously occupied and
improved the same according 70 the local
custom or rules OF miners in the district
where the same is situated, and having eS'
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, il shall and may be lawful for said
claimant or association OF claimants 10 hle
in the local land office diagram OF the same,
so extended laterally or otherwise as 10 con-
form 70 the local laws, customs, and rules OF
miners, and 10 enter such tract and receive a
patent therefor, granting such mine, together
with the right 20 follow such vein or lode,
with its dips, angles and variations, 10 any
depth, although il may enter the land adJoin-
ing. which land adjoining shall be sold cub
ject to this condition.
SEC. 3. Ind BE- Il further enacted, That
upon the 6ling OF the diagram as provided in
second section Of this Act, and posting the
same in n conspicuous place on the claim,
together with a notice Of intention to apply
for patent, the Register Of the Land Office
shall publish n notice OF the same in news
paper published nearest 10 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 Gen
eral, upon application Of the party,
TO survey the premises and make a plat
thereof, indorSed with his approval, designa-
ting the number and description Of the loca-
tion, the value OF the labor and improve
ments, and the character Of the vein eS-
posed; and upon the payment 10 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 OtEce 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. 1. Ind Be IL further enacted, That
when such location and entry Of mine shall
be upon unsurveyed lands, il shall and may
be lawful. after the extension thereto Of the
public surveys, 70 adjust the surveys TO the
limits Of the premises according 10 the loca-
ton and possession and plat aforesaid, and
the Surveyor General may, in extending the
surveys, vary the same from rectangular
form 20 SUIT the circumstances 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 discoverer
Of the lode, with the right 10 follow such vein
TO any depth, with all its dips, variations, and
angles, together with a 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
persons.
SEC. 5. Ind 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
easements, drainage, and other necessary
means to their complete development; and
those conditions shall be fully expressed in
the patent.
SIC. 6. Ind Be Il further enacted, Tha,
whenever any adverse claimants to any mine
located and claimed as aforesaid shall appear
before the approval Of the survey, as pro-
yided in the third section Of this Act, all pro-
ceedings shall be stayed until final settle
ment and adjudication in the Courts Of COM
pe,ent jurisdiction Of the rights Of posses
sion to such claim, when a patent may issue
as in other cases.
SEC. !. Ind be Il further enacted, That the
President Of the United States be, and is
hereby, authorized to establish additional
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 OF
this Act.
SEC. s. A,sd be Il further enacted, That the
right Of way for the construction OF high
ways over public lands, not reserved for pub
Ii. uses, is hereby granted.
SEC. 9. Ind be it further enacted, That
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
es and canals for the purposes 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 or
canal. injure 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. And be it further enacted, That
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 homesteads
made by citizens Of the United States, or
persons who have declared their intention to
become citizens, which homesteads have been
made, improved, and used for agricultural
purposes, anu upon WniCn tncEe nave OSeh
no valuable mines OF gold, silver, cinuabar
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 and
TWENTY-FIVE cents per acre, and in quantity
No, 10 exceed one hundred and sixty acres;
or said parties may avail themselves OF the
nroy;x;ons of the Ac, Of Congress approved
NAV twenty, eighteen hundred and siSty-two,
entitled "hn Act to secure homesteads to
actual settlers on the public domain" and
Acts amendatory thereof.
SEC. II. And be t further enacted, That
upon the survey of the lands aforesaid, the
Secretary Of the Interior may designate ana
Sc, apart such pc r,ions OF the said lands as
are clearly agricultural lands, which lands
=. II 49, f.nr hn s,,hinct 70 nre.emnllOn and