Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-10-05
MINERAL LANDS-BlLL PASSED.
MINERAL LANDS.
Amended Bill Reported by Senntor
stewart nnd Passed.

SECTION |. That the mineral lands Of the
public domain, both surveyed and unSuryey-
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 70 become citizens,
subject to 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 far rs the same may not be in
conflict with the laws Of the United States.
SEC. ?. Ind be Il further enacted, That
whenever any person or 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 20 the local
custom or rules Of miners in the district
where the same is situated, and having cS-
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, il shall and may be lawful for said
claimant or association OF claimants to tlle
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, and 10 enter such tract and receive
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 il NAV enter the land adloin-
ing, which land adjoining shall be sold cub
ject TO this condition.
SEC. 3. Ind b. Il further enacted, That
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 notice of intention to apply
- 81 NF n I
shall publish Il 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, II
shall be the duty Of the Surveyor Gen
cra!, upon application Of the party,
10 survey the premises and make plat
thereof. iudOrsed with his approval, designa-
ting the number and description Of the loca-
tion, the value OF the labor and improve
nents, and the character Of the vein eN-
posed; and upon the payment TO 'he 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 Othce shall transmit TO
the General Land Oticc 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 shal!
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
l. !. .rs ka nzIN fhnFPsD
public surveys, 10 adjust the surveys TO the
limits OF the premises according 20 the !oca-
,ion and possession and plat aforesaid, and
the Surveyor General may, in extending the
surveys, vary the same from a rectangular
form 10 SUIT the circumstances Of the coun-
,rv aud 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-
;ional claim for discovery 20 the diScoverer
Of the lode, with the right to follow such vein
TO any depth. with all its 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 feet shall be taken
in any one claim by any association OF
persons.
SEC. 5. Ind be IL 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 20 their complete development; and
those conditions shall be fully expressed in
the patent.
SIC. 6. Ind be Il further enacted, That
whenever any adverse claimants 10 ary 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 tlnal settle
men, and adjudication in the Courts OF COM
pe,ent jurisdiction Of the rights OF posses
sion 70 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 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 IL further enacted, That the
righ, Of wav for the construction OF high
ways over public lands, not reserved for pub
lii uses. is hereby granted.
SEC. 9. 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, snail oe
maintained and protected in the same ana
the righ, Of way for the construction OF ditcn-
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
70 the party injured for such injury or dam
age.
SEC. 10. And be IL further enacted, That
wherever, prior 10 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, cinnabar
or copper discovered, and which are properly
agricultural lands, the said settlers or owners
Of such homesteads shall have right OF pre-
emp,ion 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
mo, 10 exceed one hundred and sixty acres;
or or said parties may avail themselves Of hs the
nroyisions OF the Act Of Congress approved
Nav twenty, eighteen hundred and Sixsy.swo,
entitled IAN Act to secure homes,eads to
actual settlers on the public domain, and
Acts amenda,ory thereof.
SIC. II. And be Il farther enacted, lhat
pnon the survey of the lands aforesaid, the
Secretary OF the Interior may designate ana
set apart such portions Of the said 5.S .SnGs and as
are clearly agricultural lands, wnica Iaaus auS
shall thereafter be subject to pre-empnTn ana d
sale ale as other public lands of the United United
States. and subject TO all the laws and resu-
la,ious applicable to the same. ..a ,r,h.
TThe above Act has been approved oy ah1
President, and is now the law.-Ep. Nk"s'l