Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-09-24
MINERAL LANDS-BILL PASSED.
MINERAL LANDS.
Amended Bill Reported by senator
stewart and Passed.

Amended Bill Reported by senator
stewart and Passed.
SECTION l. That the mineral lands Of the
public domain, both surveyed and unsurvey-
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 20 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 Tar As the same may not be IN
conflict with the laws Of the United States.
SEC. .. AA6 be Il further enacted, That
whenever any person OF 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 10 the local
custom or rules Of miners in the district
where the same is situated, and having cx-
pended in actual labor and improvements
thereon an amount not less than one thou
sand dollars. and in regard 70 whose possess
sion there is no controversy or opposing
claim, il shall and may be lawful for said
claimant OF association Of claimants 10 tllc
in the local land office diagram Of the same,
50 extended laterally or otherwise as 10 con-
form 10 the local laws, customs, and rules OF
miners, and 20 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 any
depth, although il NAV enter the land adJoin-
ing, which land adjoining shall be sold cub
ject 70 this condition.
SEC. 3. 4nd BE- Il further enacted, Tha,
upon the filing Of the diagram as provided in
second section Of this Act, and posting the
same in 4 conspicuous place on the claim,
together with a notice Of intention to apply
for 4 patent, the Register OF the Land Office
shall publish 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 Gen.
eral, upon application OF the party,
to survey the premises and make a plat
thereof, indOrScd with his approval, deSigna-
ting the number and description Of the loca-
tion, the value Of the labor and improve
meuts, and the character Of the vein eS-
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 10
the General Land Office said plat, survey,
and description; and 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 H 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, TO adjust the surveys 10 the |
limits Of the premises according 10 the loca- |
,ion 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-
,ry 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 add
.ional claim for discovery 20 the diScoverer
Of the lode, with the right TO follow such vein
10 any depth, with all its dips, variations, and
angles, together with reasonable quantity
of surface for the convenient working Of the
Iame as Fixed by local rules: And provided
urther, That no person may make more
han one location on the same lode, and not
more than three thousand feet shall be taken
n any one claim by any association OF
,ersons.
SEC. ). Ind Be Il further enacted, That as
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 20 their complete development; and
hose conditions shall be fully expressed in
he patent.
SIC. 6. AnG be Il further enacted, Tha,
whenever any adverse claimants TO ary mine
ocated 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 final settle
nent and adjudication in the Courts Of COM
oetent jurisdiction Of the rights Of posses
sion TO such claim, when a patent may issue |
IS in other cases.
SEC. !. Ind be t further enacted, That the |
President Of the United States be, and is |
hereby, authorized to establish additional |
and districts and 70 appoint the necessary |
oficers under existing laws, wherever he |
NAV deem the same necessary for the public |
in executing the provisions OF
this Act.
SEC. S. Ind Be Il further enacted, That the |
right Of way for the construction OF high |
WAYS over public lands, not reserved for pub |
i, uses, is hereby granted.
SEC. 9. And be Il further enacted, That |
xheneyer, by priority Of possession, rights TO |
he use Of water for mining, agricultural,
or other purposes, have vest
d and accrued, and the same are recognized |
md acknowledged BY the local customs, laws
md the decisions Of Courts, the posSessors
md owners Of such vested rights, shall be
maintained and protected in the same; and
he right Of way for the construction OF ditch
IS and canals for the purposes aforesaid Is
hereby acknowledged and confirmed. Pro-
'ided, however, That whenever, after the
passage Of this Act, any person or persons
Ihall, in the construction Of any ditch or
anal, injure or damage the possession OF any
settler on the public domain, the party COM
hitting such injury or damage shall be liable
10 the party injured for such injury or dam
age.
SEC. 10. Ind 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
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
puIpOstNt anu upOu haNS OtSA
no valuable mines Of gold. silver, cinnabar
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 !
not 20 exceed one hundred and sixty acres; |
or said parties may avail themselves OF the
provisions OF the Act Of Congress approved |
Nav twenty, eighteen hundred and sixty.two,
entitled "An Act to secure homesteads to
,c,ual settlers on the public domain, and
Acts amendatory thereof.
SEC. IL. And be IL further enacted, That
upon the survey of the lands aforesaid, the
Secretary OF the Interior may designate and
,e, apart such pc crtions Of the said lands as
IRE clearly agricultural lands, which lands
,ball thereafter be subject TO pre-emptlon and
iale as other public lands Of the United
States. and subject to all the laws and reSu-
atoms applicable TO the same.
rThe above Act has been approved oy the
President, and is now the law.-ED. NEws.l