The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-11-08
OFFICIAL.
LAWS OF THE UNITED STATES.
Passed at the FIRST Session of tie Ihirty- sint
e Congress.
GPUBIIC-No III.

Passed at the FIRST Session of the IHirty- ninth
Congress.
CPUBLIC-No 141l
AN ACT granting to A. Sutro the right of yav and
granting other privileges to aid in the CONSTRUCT
ton OF a draining and exploring tunnel to the
Comstock lode, IN the State of Nevada
Be 1t enacted blythe Senate and House of PeDre-
seFtatiges cfhe United States Of AmericG IN Con-
gresS assembled, That for the purpose of the
Ee { aGd Of deep draining and exploring
IN the State OF Nevada, the right of way is berehv
granted to A. Sutro. his heirs and assigns, to run
construct and eXcayate mining, draining and ex-
plorlng tunnel; also to sink mining, working or
air shafts along the line or course of said tunnel
may hereafter be selected by the grantee herein his
heirs ofasslgns, The said tunnel shall be at least
eight feet high and eight feet WIDE and shall com
mence at some point to be selected by the grantee
hefeln his heirs or assigns at the hills Carson
river, and within the boundaries of Lyon county
ana extending from said initial point in westerly
dlrectlon seven miles, more or less, to and beyond
said Comstock lode and the said right of way shall
extend northery and southery the course of said
lode, either within the same or east or west of the
same; and also on or along any other lode2which may
be discovered or developed by the said tunnel
SEC. 2. 4nd be 1t further enacted, That the
right is hereby granted to the said A. Sutro, his
heirs and assigns to purchase, at one dollar and
twenty-five cents per acre, sufficient amount OF
public land near the mouth of said tunnel for the
use OF the same, not exceeding two sections and
such land shall not be mineral land Or in the bona
hde possession of other persons who claim under
any law OF Congress at the time Of the passage of
tnls act ana all minerals existing or which shall be
discovered therein are excepted from this grant
that upon filing plat of said land the Secretary of
the Interior shall withdraw the same from sale and
upon payment for the same a patent shall Issue =
And the said A. Sutro, his heirs and ASSIGNS are
hereby granted the right to purchase at five dollars
per acre, such mineral veins and lodes within two
thousand 1eet on each side of said tunnel as shall be
cut, discovered or developed by running and CON
structng the same, through its entire extent. with
all the dips spurs and angles, of such lodes;
subject however to the provisions of this act, and
and to such legislation as Congress may hereafter
provide: PROVIDED, That the Comstock lode with
Its dips, spurs, and angles, is excepted from this
grant and all other lodes with their dips spurs an
giles, located within the said two thousand feet and
which are or may be at the passage of this act in
the actual bona fde possession of other persons are
hereby excepted from such grant. And the lodes
herein excepted other than the Comstock lode shall
be5withhed from sale by the United States: and if
such odes shall be abandoned or not worked pos
sessed and held in conformity to existing mining
rules, or such regulations have been or NAV be
prescribed by the Legislature of Nevada they shall
become subject to such right of purchase by
grantee herein, his heirs or assigns.
I SEC. g. And DC 1t further enacted, That all
persons, companies. corporations owning claims
| or mines on said Comstock lode or any other lode
drained, benefited, or developed by said tunnel.
shall hold their claims subject to the condition,
(Which shall be expressed in, any grant they may
hereafter obtain from the United States that they
shall contribute and pay to the owners of said tun-
mel the rate of charges for drainage or other
benefits derived from said tunnel Its branches as
have been or may hereafter be named in agreement
between such owners and the companies represent
ting majority of the estimated value of said Com
stock lode at the time of the passage of this act
Approved, July %, 1866. .-El.