Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-09-22
MINERAL LANDS-BlLL PASSED.
MINERAL. LANDS.
Amended Bill Reported by senate
stewart md Passed.

Amended bili hcportcd Dy senator
stewart nnd Passed.
SECTION |. That the mineral lands Of the
public domain, both surveyed and unsurvey.
ed, are hereby declared to be free and open
10 exploration and occupation BY all citizen,
OF the United States, and those who have
declared their intention to become citizens
subject TO such regulations rs may be pre-.
scribcd 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. >. And Be a 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
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 10 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 diagram OF the same,
so extended laterally or otherwise as TO con-
form 70 the local laws, customs, and rules OF
miners, aud TO enter such tract and receive 4
patent therefor, granting such mine, together
with the right 10 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. Apd BE- it further enacted, That
upon the filing Of the diagram as provided in
second section Of this Act, and posting the
same in conspicuous place on the claim,
together with 4 notice Of intention to apply
for patent, the Register Of the Land Office
shall publish u notice Of the same in 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, il
shall be the duty OF the Surveyor Cen
eral, upon application OF the party,
10 survey the premises and make a plat
thereof, indorscd with his approval, dcsigua-
ting the number and description Of the loca-
ton, the value Of the labor and improve
mcuts. 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 Oticc said plat, survey,
and description; and patent shall issue for
the same thercupon. But said plat, survey,
or description shall in no case cover more
than one vein or lode, aud no patent shall
issue for more than one vein or lode, which
shall be expressed in the patent issued.
SEC. 1. .iRG be Il further enacted, That
when such location and entry Of a mine shall
be upon unsurveyed lands, it shalt 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, and
the Surveyor General may, in extending the
surveys, vary the same from q rectangular
form 10 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 70 the discoyeTer
of the lode, with the right 10 follow such vein
20 any depth, with oil it's dips, variations, and
angles, together with 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 fee; shall be taken
in any one claim by any association Of
persons.
SEC. 5. Ind be Il further enacted, That as
i 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, and other necessary
means TO their complete development; aud
those conditions shall be fully expressed in
the patent.
SIC. 6. AnG Be Il further enacted. That
whenever any adverse claimants to aLy 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 hnal settle
ment and adjudication in the Courts OF COM
pe,ent jurisdiction Of the rights Of possess
sion TO such claim, when a paten, may issue
as in other cases.
SEC. !. Ind be Il further enacted, That the
President Of the United States be, and is
hereby, authorized 10 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. And be it farther enacted, That the
right Of way for the construction OF high
ways over public lands, not reserved for pub
liz uses, is hereby granted.
SEC. 9. AnG 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 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, iniure 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. Ind 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, and upon which there have been
no valuable mines OF gold, silver, clnnaoar
or copper discovered, and which are properly
agricultural lands, the said settlers or owners
OF such homesteads shall have 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, TO exceed one hundred and sixty acres;
or said parties may avail themselves of the
nroyisiops OF the Act Of Congress approved
Nav twenty, eighteen hundred and sixty-two,
entitled "An Act to secure homesteads to
actual settlers on the public domain" and
Acts amendatory thereof.
SEC. II. And be IL further enacted, That
pnon the survey of the lands aforesaid, the
Secretary Of the Interior may designate and
90, anart such portions Of the said lands as
are clearly agricultural lands, which lands IDS
shall thereafter be subject to pre-empaon ana q
sale as other public lands OF the onted