Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-09-13
MINERAL LANDS-BILL PASSED.
MINERAL LANDS.
Amended Bill Reported by senat.
md Passed.

a q Bill fkcportfu Dy senator
stewart nnd Passed.
SECTION /. That the mineral lands OF the
public domain, both surveyed and unsuryey-
ed, are hereby declared to be free and open
to exploration and occupation by all citizens
OF the United States, and those who have
declared their intention to become citizens,
subject to 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, so far as the same may not be in
conflict 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
custom or rules Of miners in the district
wheIe 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 possess
sion there is no controversy or opposing
claim, 1t 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 a
patent therefor, granting such mine, together
with the right to follow such vein or lode.
| with its dips, angles and variations, to apy
depth, although it may enter the land adioin.
ing, which land adjoining shall be sold cub.
ject to this condition.
SEC. 3. And be IL further enacted, That
upon the filing Of the diagram as provided in
second section OF this Act, and posting the
same in n conspicuous place on the claim,
together with q notice OF intention to apply
for n patent, the Register Of the Land Office
shall publish a notice Of the same in n 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 Gen
eral, upon application Of the party,
to survey the premises and make n 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,
md 6escrin,ion: and n patent shall issue for
Tho came thcreunon. But said Mat. survey.
mr. descr;ntion shall in no case cover more
- onp yo;r ~ lode and M na,cnt shall
;a",,a TO- norc ,ban ono vein mr. lode which
a%"m ~ axn,ossoS n ,bo n,,ont ;ssncd
Sn S oe 80 ~ - E',.Gar a,nc,sS Thu,
Sho.n i"a. go ~ - sh,Ii
"nen So "~n"Una - 4, .h"li ~ m,,y
DC upon unsui'e{ea lanus, s .hnIo, anu " M" ,hss
oe etp; ~ - ,S;ns, ,ba srryoys ~ ,he
R;uu..S 800, ao.o.J;nn % ,bo Lea
.;an Ia - po.s;on ,nS nIa, sto,osa;J and
W. "nu 49, 80 IN os,ond;r, The
sne ,Sa $50 - y roo,"nS,I, ~
60 70 amt Tho c;rcumstonccs of tho coun.
49,, vi ,ho Ioc,l rrics Ioys and customs NJ
m;rors. provided Thn, no location hcrea nor
IL sh.li oxooo5 tue burdrod loo, In lonn,b
niase ,ha ~ 10 n.ob io"o,o, ,vi,h nr IA.
a:omsi - TO- d;snorarn - -" d;snoSarnr
SaS. - III .L"o;ah W .smon""sb 80
" - Son,h Win al Is J;Ns nay;,,;ons and
oahy apna,h"r ,s;,h : ronsnrahIo nmant;,v
a1s,.at 80 H. oanroian, ,rnrL 81 ~.
80 ne Sxnd hr IocaI rnIns. And n,oy;5ed
S,r,hor That No no,son NAV m,tc morc
,San ono i%ocat;on on tho same lode md NOT
more than three thousand feet shall DC taken
in nny one claim by any association Of
nerson,.
SIC. s. And be IL further enacted. That as
n further condition Of sale. in the absence Of
necessary legislation by Congress. the local
I.egislnture 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.
SEC. G.. And be IL further enacted, That
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-
ceedines shall be stayed until n 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 issue
as in other cases.
SEC. I. dnd oe u Jnrther enacted, mat 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
may deem the same necessary for the public
convenience in executing the provisions OF
this Act.
SEC, s. And be II further enacted, That the
right OF way for the construction Of high.
ways over public lands, not reserved for pub
lit uses, is hereby granted.
SEC, o. And be IL 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 arc 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 Tor 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, injurc or damageth 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
acc.
SEC. 10. And be IL 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