Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-02-26
MINERAL I~ANDS-BILL PASSED
-T MiNKRIL LANDS. T--
Amstded BiIia RepSrted' BY senator

AmstIded Hi reported BY Senatsr
IN Stewart and Passed gu- .J
M SECTION l. That the mineral lands Of the
public domain, both surveyed and unsuryey.
ed, are hereby declared to be free and open
10 exploration and occupation by all citizens
or the United States, and those who have
declared their intention to become citizens,
subject to such regulations a. may be pre-.
scribed by law, and subject also TO local Gus
tom or rules Of miners in tho several mining
districts, so far AZ the same MAJ, not be in
conflict with the laws fthe United States.
SEC. I. And b u f1thsr ettattea, 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 70 the local
custom or rules Of miners in the district
where the same Is sithated, and having ex-
pended in actual labor and improvements
sand dollars, and in regard 10 whose posiss-
sion there is no controversy or opposing
claim, it shall and may be lawful for said
claimant or association Of claimants to die
in the local land Office q diagram OF the same,
so extended laterally or otherwise as TO con-
form TO the local laws, customs, and rules OF
miners, and to enter suchltract and receive q
patent therefor, granting such mine, together
with the right to follow such vein or lode
with its dips, angles and variations, 70 any
depth, although 1t may enter the land adloin-
ing, which land adjoining shall be sold Dub
iect to this condition. ~"
SRc.3. And BE- Il furthsr enacted, That
upon the filing Of the diagram as provided IN
second section Of this Act, and posting the
same In o conspicuous place on the claim,
together with a notice OF intention 70 apply
for a patent, the Register OF the Land Once
shall publish a notice Of the same in d 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, II no ad.
verse claim shall have been filed, il
shall be the duty OF the Surveyor Cen
cral. upon application Of the party,
tn survey the premises and make q plat
thereof, Endorsed with his approval, designs-
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 70 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 n dentry Of a 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 to the looa-
ton 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 coun7
try and the local rules, laws, and customs Of
miners: Provided, That M location hereafter
made shall exceed two hundred feet in length
along the vein for each locator, with an add.
tional claim for discovery 70 the discoverei
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 shah be taken
in any one claim BY any association Of
persons.
SEC. s. And BE- Il further enacted, That al
a further condition Of sale, in the absence OF
necessary legislation BY Congress, the local
Legislature OF any S6te or Territory may
provide rules for working mines involving
easements, drainage, md other necessary
means to their complete development; and
those conditions shall be fully expressed in
So s. And BE- Il further enacted, That
whenever any adverse claimants to any mime
located and claimsdlas aforesaid shall appear
before the approval of the survey, a. pro-
yidedi In the third section Of this Act, all pro-
ccedines shall be stayed until adnai settle.
ment and adjudication in the Courts OF com.
petent jurisdiction Of the rights Of posses.
sion to such claim, when q patent may ISSUE
as in other cases. 10 40 .| #. .H-.1a.l
SEC. I. and BE- &c further enacted, That thu
President of the UIhed States be, and !.
hereby, authorized to establish additions
land districts and to appoint the ncceftarJ
officers under existing hws,. Wherever he
may deem the same necessary for the public
convenience in executing the provisions o.
this Act. '. ~ .,.....
SEC. s. And Be IL further enacted, That the
right Of way for the constfucdon Of high
ways over public lands, not reserved for pub
lii uses, 10 hereby granted. ".
SEC. 9. And be IL further enacted, That
whenever, by priority Of possession, rights e
The use Of water for mining agricultural
manufacturing, or other purposes, have Vest.
cd and accrued, and the same are recognized
and acknowledged BY the local customs, laws
and the decisions Of Courts, the po.se.sor'
and ow1ers Of such vested rights, shall BE-
maintained and protected In the same and
the right Of way forthe construction Of ditch
es and canals for the purposes Aforesaid Ii
hereby acknowledged and confirmed. Pro
vided, however, That whenever, after the
shall, in the construction Of any. ditch Of
| canal, injure or damage the possession Of any
settler on the public domain, the party com.
hitting such injury or damage shall DO 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
dpon the lands heretofofSNd6sigiGled 10 min.
eral lands, which have been excluded from
survey and sale, there have BEEN hofnesteads
made by citizens Of the United States, OIL
persons who have declared their intention te
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, einnsbli
or copper discovered, and which are properly
agricultural lands, the said settlers or owners
Of such homesteads shall have q 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 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 End siIty.two,
entitled can Act to secure homesteads't b
actual settlers on the public domain" and
Acts amendatory thereof.
SEC. IL. And DO u fzthsf ssd4sd, That
upon the survey Of the lands Aforesaid, the
Secretary Of the Interior may desisnsse and
set apart such portions Of the said lands -
are clearly agricultural lands, which lands
shall thereafter be subject to ~pre-emption and
sale a. other public lands of the Unitsd
States. andsubiect to all the ltWs dfSgu-
lations applicable to'the N
THE above Act has been approved blythe
President, and is now the law.-ED. NEWS. |
NnrHnE