Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-10-11
MINERAL LANDs-BILL PASSED.
MINERAL LANDS.
Amended Bill Reported by Senator
Stewart and Passed.

SECTION !. That the mineral lands Of the
public domain, both surveyed and unsurvey-
ed, are hereby declared TO DO 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 DO in
conflict with the laws Of the United States.
SEC. 2. And DO 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
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 a diagram Of the same,
so extended l~aterally 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
"AAk kdo Aihhb III buCu vein VI lOue,
with its dips, angles and variations. to any
depth, although It may enter the land adjoin.
ing, which land adjoining shall be sold cub
ject TO this condition.
SEC. 8. 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 q conspicuous place on the claim,
together with a notice Of intention to apply
for a patent, the Register Of the Land Office
shall publish Q 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 Gen
eral, upon application Of the party,
to survey the premises and make a 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,
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 unsurveyed lands, it shall and may
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public surveys, to adjust the surveys to the
ton and possession and plat aforesaid, and
surveys, vary the same from a rectangular
form to 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 addl-
tional claim for discovery to the discoverer
OF the lode, with the right TO 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. S. And be it further enacted, That as
a 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.
Sac. 6. 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-
vided in the third section Of this Act, all pro-
ceedings shall be stayed until a final settle
ment and adjudication in the Courts Of COM
petent jurisdiction Of the rights Of possess
sion to such claim, when a patent may issue
as in other cases.
SEC. Z. And 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
may deem the same necessary for the public
convenience in executing the provisions Of
this Act.
SEC. s. And be IL further enacted, That the
right Of way for the construction Of high
way . v PoOAtS AhAhoI " VI GeS
lit uses, is hereby granted.
SEC. 8. 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 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
hitting such injury or damage shall be Liable
to the party injured for such injury or dam
SEC. 10. And be IL further enacted, That
wherever, prior to the passage OF this Act,
upon the lands heretofore designated as min
survey and sale, there have been homesteads
made by citizens Of the United States, or
who have declared their intention to
become citizens, which homesteads have been
made, improved, and used for agricultural
and upon which there have been
valuable mines Of gold, silver, cinnabar
or copper discovered, and which are properly
lands, the said settlers or owners
OF such homesteads shall have 4 right Of pre-
emption thereto, and shall be entitled to pur-
the same at the price OF one dollar and
cents per acre, and in quantity
not to exceed one hundred and sixty acres;
or said parties may avail themselves Of the,
provisions Of the Act Of Congress approved
May twenty, eighteen hundred and si1ty.two,
Gan Act to secure homesteads to
actual settlers on the public domain" and
Acts %amendatory thereof.
SEC. II. And be IL further enacted, That
upon the survey Of the lands aforesaid, the
Secretary Of the Interior may designate and
set apart such portions Of the said lands a.
are clearly agricultural lands, which lands
shall thereafter be subject to presumption and
sale as other public lands Of the United
States. and subject to all the laws and regu-
lations applicable to the same.
THE above Act has been approved by the
President, and Is now the law.-ED. NBws.l