Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-09-29
MINERAL LANDS-BILL PASSED.
MINERAL LANDS.
Amended Hill Reported by Senntor
stewart mud Passed.

stewart uud Fuhsed.
SECTION l. That the mineral lands Of III
public domain, both surveyed and unsurvey
ed, are hereby declared TO be free and opel
10 exploration and occupation by all citizen
OF the United States, and those who hay
declared their intention TO become citizens
subject 10 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 NAV not be il
conflict with the laws Of the United States.
SEC. .. And be Il further enacted, Tha
whenever any person or association Of per
sons claim vein or lode OF quartz, or othe
rock in place, bearing gold, silver, cInuabar
or copper, having previously occupied anC
improved the same according 20 the loca
custom or rules Of miners in the distric
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 10 whose posses
sion there is no controversy or opposing
claim, il shall and NAV be lawful for SaiC
claimant or association Of claimants TO tIf
in the local land office a diagram OF the same
so extended laterally or otherwise rs TO con-
form TO the local laws, customs, and rules ot
miners, aud to enter such tract and receive a
patent therefor, granting such mine, together
with the right 70 follow such vein or lode,
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. 3. Ind Be i. 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 notice OF intention TO apply
for u patent, the Register OF the Land Office
shall publish a notice Of the same in news
paper published nearest 10 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, If no ad'
verse claim shall have been tlcd, II
shall be the duty Of the Surveyor Gen
eral, upon application Of the party,
20 survey the premises and make plat
thereof indorsed 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 10 the proper
officer Of Eve dollars per acre, together with
the cost Of each survey, plat, and notice, and
giving satisfactory evidence that said dla-
gram and notice have been posted on the
claim during said period OF ninety days, the
Register Of the Land Otfcc shall transmit TO
the General Land Otfce said plat, survey,
and description; and 4 patent shall issue for
the same thcrcupon. 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 Il further enacted, That
when such location and entry OF mine shall
be upon unSuryeyed lands, il shall and may
be lawful, after the extension thereto Of the
public surveys, TO adjust the surveys TO the
limits OF the premises according 10 the loca-
tion and possession and plat aforesaid, and
the Surveyor General may, in extending the
surveys, vary the same from 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 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
o! 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. 5. 4,ld 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.
SIC. 6. ArG Be Il further enacted, That
a II,
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 final settle
ment and adjudication in the Courts Of ccm-
petent jurisdiction Of the rights OF posses
sion 10 such claim, when a patent may issue
as in other cases.
SEC. :. Ind be Il further enacted, That the
President Of the United States be, and is
hereby, authorized to establish additional
land districts and 20 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
righ, Of way for the construction of high
ways over public lands, not reserved for pub
lit uses, is hereby granted.
SEC. 8. AR9 be It 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 II
hereby acknowledged and confirmed. Pro-
vided, however, That whenever, after the
passage Of this Act, any person or persons
shall, in the construction Of any ditch OF
canal, iniure or damage the possession OF any
settler on the public domain, the party com
mitting such injury or damage shall be liable
TO the party injured for such injury or dam
age. ~,
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
survey and sale, there have been homesteads
made by citizens Of the United States, oil
persons who have declared their intention &c
become citizens, which homesteads have beer
made, improved, and used for agricultural
purposes, and upon which there have beer
NO valuable mines Of gold, silver, cinnabai
copper ulsCONtICdi anu SaN f'NfNa'y
agricultural lands, the said settlers or owner:
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 anc
twenty-five cents per acre, and in quantity
NO, 10 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 ana sisty..wo :,
..,i,,sd 0kn Act 10 secure homesteads u
actual settlers on the public domain" anc
Acts amendatory thereof. r,.
SEC. II. And Be IL further enacted, Ina iS,
mon the survey Of the lands aforesaid, tht
Secretary Of the Interior may designate anS n'
are clearly agricultural lands, which Iana, 40.
shall thereafter be subject to pre-empnTn anS
sale as other public lands Of sne ,S Sas,r, rnS,
States. and subject TO all the laws anu 'ee"
lations applicable to the same. A,
fTha ,hove Ac, has heen approved by tht