Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-02-12
. HNsRAI AANDsrB1LL RAsssD.
mINHHAB.LANDs.
Amended DAE RepofsedHby Senator
- stewart and Passed..d III.

Amended DiiE Repefsedhby senator
Ir3 Stewart and Pasaed,. Ll
ssorIoN1. That the mineral lands ofdtae
pubiic domain, both surveyed and qnsuryey-
ed. are hereby declared TO be free md open,
TO exploration and occupation BY all citizens
Of the United States, and those sho nave
declared their intention to beeome ctezenP,
subject TO such regulations aslHaY De pre-
scribed BY law, and subject also 70 locai Gus
tom or rules Of miners in the several mining
districts, 30 far as the same may not DC IN
conflict with the laws Of the United States.
SEC. {. And b IL further epaefsd, That
whenever any person Or assoelaaon Oh PEI.
rockin place, bearing gold, silver, cinnabaF,
or copper, having previously occupied and
improved the same according ito. the local.
custom or rules Of miners In the district
where the same 10 situated, and having ex-.
pended In actual labor and Improvements
thereon an amount not less than n thou
sand dollars, and in regard to whose posssi-,
sion there 10 no controversy or opposing
claim, It shall and may be lawful for said;
| claimant or association Of claimants to file
In the local land Office . diagram of.the same,
90 extended .laterslly or otherwise as 70 con.
form to the local laws, customs, and rules Of,
miners, and to enter such tract and receive D
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 msy enter the land Adjoil-
ing, which land adjoining shall be. sold Dub,
ject to this condition,
SEQ. g.. And b Il ftrther enacted, That
upon the fling Of the diagram as provided in'
SECOND section Of this Act, and posting the
same In o conspicuous place on the claim,
.-.ak.. ,tkk . nak,nn ~ tnfaRftnN % HanD19
for 4 patent, the Register of1ths Land Office
shall publish a notice Of the same In a news.
paper published nearest to the location Of
his office for the period OF ninety days; and
verse claim shall have been filed, II
shall be the duty Of the Surveyor Cen
eral, upon application Of the party,
to survey, the premises and make . plat
thereof, Endorsed with his approval, designs.
ting the number and description Of the loca-
ton, the value OF the labor and improve
mcnts, and the character OF the vein ex-
posed; and upon the payment to the proper
officer Of Eve 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 descriptions; and q 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.
SEQ. 4. And be u further enacted, That
when such location and entry Of q mine shall
be upon unaurveysd lands, it shall and may
be lawful, after the extension thereto Of the
public surveys, TO adjust the surveys 70 the
limits Of the premises according to the loca-
ton and possession and plat Aforesaid, and
the Surveyor General may, in extending the
surveys, vary the same from q rectangular
i form to 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 add.
tionsl claim for discovery to the discoverei
of the lode, with the right to follow such vein
TO any depth, with all its dips, variations, and
angles, together with q reasonable quantity
Of surface for the convenient working Of the
same as fixed by local rules: And provided
than one location On the same lode, and not
Il IuUIe Iudu III tuOuuohu iNgk uholA 0V VANITY
in any one claim by any association Of
persons.
SEC. 5. And Be IL further enacted, That a.
q further condition Of sale, in the absence al
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 ip
the patent.
SEQ. 6. And be u further enacted, That
whenever any adverse claimants to any mint
located and claimed. as aforesaid shall appeal
before tho approval of the survey, as pro-
vided in the third section of this Act, all pro.
ceedings shall be stayed until final settle
ment and adjudication in the Courts Of com
petent jurisdiction Of the rights Of posses
sion to such claim, when a patent may issu'
as in other cases. hif 20
SEQ. Z. And BE- It. further enacted, That thu
President Of the United States be, and Il
hereby, authorized TO establish additional
land districts and to appoint the necessary
officers under existing laws, wherever HI
may deem the same necessary for the public
convenience in executing the provisions o,
this Act. |Hal .a... ..H lf..z
SEC. 8. And be Il further enacted, That the
right Of way for the construction Of high
ways over public lands, not reserved for pub
lit uses, is hereby granted.
SEQ. g.. And DO q fy,ther 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 b Reconstruction Of ditch
es and canals for the purposes aforesaid il
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 or
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
SEC. 10. And Do it further enacted, Th,,
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 homestesdp
made BY citizens Of the United States, or
persons who have declared their intention To
become citizens, which homesteads have been
i maze, lmpIOVeQp hu0 uhcQ IoI hBIlVUltuIA
purposes, and upon which there have been
no valuable mines Of gold, silver, .einnabar
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 70 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 and siIty.two,
entitled Gan, Act to secure homelte.ds q
actual settlers on the public domain," and
Acts amendatory thereof. ll
SEC. II. And BE- It .fxrther enacted, Thai
upon the survey Of the lands Aforesaid, the
Secretary Of the Interior may designate and
set apart such portions Of the said lands a
are clearly agricultural lands, which lands
shall thereafter be subject to presumption and
sale as other public lands Of the United
States. and subject to all the laws and rsgu-
lAtions applicable to the sAme.
1.-THE above Act has been approved by the
President, and is now the law!-ED. NBws.l
NOTICE.
trNHE PUBLIC, AND ESPECIALLY ALL
persons who have hsrstofors transacted bust.