Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-03-18
e MINERAL ILsps-sr1I PASSED.
ys' MINERAL Lands. .jg.
Amended Bill Reported BY Senator
$4,000 Stewart dLPauOod.b A ~"

Amendcd Bill Reperted BY Senator
'739E7o Stewart andlP assed.' hH ~
SECTION ]. That the mineral land, Of ths
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. az may be pre-.
scrfbed BY law, and subject also TO local Gus.
tom or rules Of miners IN the several mining
| districts, 80 far as the same may not be 10
conflict with the laws Of the United States.
SEC. O. And BE- Il 6s4her enacted, That
whenever any person or association Of per,
sons claim q vein or lode Of quartz, or other
rock In place, bearing gold, silver, cinnabar,
or copper, having previously occupied anc
improved the same according TO the local
custom or rules Of miners In the district
whore the Same 10 situated, and having ex.
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, it shall and may be lawful for said
claimant or association Of claimants to file
in the localland Office = diagram of the ssms,
so extended l~aterally or otherwise - 10 con.
form to the local laws, customs, and ,rules Of
miners, and to enter such, tract and receive q
patent therefor, granting such mine, together
with the right to 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. @
l. SEC. 3. And. be Il further enacted, That
upon the filing OF the diagram as provided in
second section Of this Act, and posting the
same in a conspicuous place on the claim,
together with o notice Of intention 10 apply
for q patent, the Register Of the Land Office
shall publish q 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, II no adj
verse claim shall have been fled, II
shall be the duty Of the Surveyor Gen.
eral, upon application ID 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
ments, and the character Of the vein ex-
posed; and upon tho payment to 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 descriptions; 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 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 and entry OF mine shall
be upon unsuryeyed lands, it 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, ant
the Surveyor General may, in extending thu
surveys, vary the same from a rectangular
form to SUIT the circumstances Of the eoun'
try and the local rules, laws, and customs o
miners: Provided, That no location hereaftel
made shall exceed two hundred feet in length
along the vein for each locator, with an addI
tional claim for discovery to the discovers
of the lode, with the right to follow such veir
to any depth, with all its dips, variations, ant
angles, together with a reasonable quantit,
of surface for the convenient working Of thu
same as fixed by local rules: And provided
further, That no person may make NOR,
than one location on the same lode, and no
more than three thousand feet shall be taker
in any one claim BY any association o
persons. -.r.f. -
SEC. s.. And be IL further enacted, That ii
a further condition OF sale, In the absence o
necessary legislation BY Congress, the loca
Legislature of any State or Territory MAJ
provide rules for working mines involving
easements, drainage, and other necessary
means to their, complete Development; ant
those conditions shall be fully expressed il
the patent.
SEC. 6. And Be IL further enacted, Tha,
whenever n y'sdverse claimants to any mint
located and claimed as aforesaid shall appea,
before the approval Of the survey, as pro
yided in the third section Of this Act, all pro
ccedings shall be stayed until. Z 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,
rs in other cases. -
SEQ. z. And be IL further enacted, That th,
President Of the United States be, and ]
hereby, authorized to establish additions
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 .a lea Isf. #U. I'D 10
SEC. 8. And DO L further enacted, Tha, the
right OF way, for. the construction OF high
ways over public lands, not reserved for pub
lit uses, Is hereby granted.
SEC. g.. And Be ft further enacted Tha,
whenever, by priority Of possession, rights q
the use OF water for mining, agricultural
manufacturing, or other purposes, have vest.
ed and accrued, and the sarne are recognized
and acknowledged BY the local customs, lawi
and the decisions Of Courts, the posseIsori
and owners Of such vested rights, shall b
maintained and protected in thu. same; ant
the right Of way for the construction Of ditch
es and canals for the purposes Aforesaid il
hereby acknowledged and confirmed. Pro.
vided,, however, That whenever, after thu
passage Of this Act, any person or personl
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 be liablt
to the party injured, for such injury or dam
age.
SEC. 10. And be IL further enacted, Ths'
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 homestead
made by, citizens Of the United States, Of
persons who have declared their intention Il
become citizens, which homesteads have beer
made, improved, and used for agriculture
purposes, and upon which there have beer
no valuable mines Of gold, silver, einnabal
or copper discovered, and which are properly
agricultural lands, the said settlers or owner
OF such homesteads shall have q right OF pro
emption thereto, and shall be entitled 70 pur