Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-03-12
MINERAL LANDs.B1IL PASSED.
NJ MINERAL LANDS. So g-
Amended Bill Reported y senator

A #
Amended Bill Reported y Senator
stewart md Passed.
SECTION /. That the mineral lands OF the
public domain, both surveyed and unsurvey'
ed, ure 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 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 the several mining
districts, so far as the same may not 90 IN
conflict with the laws Of the United States.
SEC. 2. And b u further enacted, Thai
whenever any person or association OF per
sons claim a vein or lode'of quartz, or Other
rock in place, bearing gold, silver, %cinnsbarl
or copper, having previously occupied anc
improved the same according to the Local
custom or rules Of miners in the district
where the same is situated, and having ex.
pended in actual labor and improvement
thereon an amount not less than one thou
sand dollars, and in regard to whose posses.
sion there il N controversy or opposing
claim, 1t shall and may be lawful for said
claimant or association Of claimants to file
in the local land Office a diagram Of the same
so extended laterallyo or otherwise as to con.
form to the local laws, customs, and rules d
miners, and to enter such tract and receive
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.
upon the fling Of the diagram as provided in
second section Of this Act, and posting the
SAINT In q conspicuous place on the claim
together with q notice Of intention 70, apply
for q patent, the Register Of the Land Office
shall publish a notice Of the same in news
paper published nearest TO the location Of
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 Gen
eral, upon application Of the party,
to survey the premises and make a pla'
thereof, Endorsed with his approval, designa'
| ton, the value Of dhc labor and improve.
ments, and the character Of the vein ex.
posed; and upon the payment to the proper
| officer of FIVE dollars per acre, together with
the cost OF each survey, plat, and notice, ant
| giving satisfactory evidence that said dia.
gram and notice have been posted on thu
claim during said period OF ninety days, the
Register Of the Land Office shall transmit tc
the General Land Office said plat, survey
and descriptions; and a patent shall issue 70,
the same thereupon. But said plat, survey
or description shall in no case cover mort
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, Tha'
when such location and entry Of a mine shall
be upon unsurveyed lands, it shall and ma,
be lawful, after the extension thereto Of thu
public surveys, to adjust the surveys to tn,
limits Of the premises according to the loea
ton and possession and. plat aforesaid, an
the Surveyor General may, in extending tn
surveys, vary the same from q rectangula
form to SUIT the circumstances Of the coun
try and the local rules, laws, and customs Q
miners: Provided, That no location hereafts
made shall exceed two hundred feet ip lengt
along the vein for each locator, with an add
tional claim for discovery to the discovere
Of the lode, with the right to follow such vel
to any depth, with all its dips, variations, an
angles, together with a reasonable quantit
Of surface for the convenient working Of th
same as fixed by local rules: And provide
further, That no person may make NOR
than one location on the same lode, and nc
more than three thousand feet shall be take
in any one claim by any association {
persons. s .
SEC. 5. And be IL further enacted, That .
u further condition Of sale, in the absence
necessary legislation BY Congress, the loo,
Legislature OF any State or Territory ma
provide rules for working mines inyolvin
easements, drainage, and other necessar
means to their complete development; an
those conditions shall be fully expressed !
the patent.
SIC. 6. And be IL further enacted, Thu
whenever any adverse claimants to any mir
located and claimed a. aforesaid shall appe,
before the approval Of the survey, as pr
yided in the third section Of this Act, all pr
ceedings shall be stayed until a6nai settl
ment and adjudication In the Courts Of con
petent jurisdiction Of the rights Of posse
sion to such claim, when a patent may issr
as in other cases.
SEC. Z. And be Il further enacted, That Il
President Of the United States be, and
hereby, authorized to establish addition
land districts and to appoint the necessal
officers under existing laws, wherever b
may deem the same necessary for the publ
convenience in executing the provisions
this Act.
SEC. s. And Be ifurthey enacted, That Ii
right Of way for the construction Of higl
ways over public lands, not reserved for pull
lit uses, is hereby granted.
SEC. 8. And BE- IL further enacted, Thi
whenever, by priority Of possession, rights
the use of water for mining, agriculture
manufacturing, or other purposes, have yes
ed and accrued, and the same are recognize
and acknowledged by tie local customs, Law
and the decisions Of Courts, the possessol
and owners Of such vested rights, shall I
maintained and protected in the same an
the right OF way for the construction OF ditcl
es and canals for the purposes aforesaid
hereby acknowledged and confirmed. Prt
vided, however, That whenever, after Ii
passage Of this Act, any person or person
shall, in the construction Of any ditch {
canal, injure or damage the possession Of an
settler On the public domain, the party CON
hitting such injury or damage shall be lab
to the party injured for such injury or dan
age.
SEC. 10. And be II farther enacted, Thu
wherever, prior to the passage Of this Ac
upon the lands heretofore designated a. mir
eral lands, which have been excluded frol
survey and sale, there have been homestead
made BY citizens Of the United States, {
persons who have declared their intention
become citizens, which homesteads have bee
made, improved, and used for agricultur1
purposes, and upon which there have bee
no valuable mines OF gold, silver, einnab,
or copper discovered, and which are proper
agricultural lands, the said settlers or owne,
OF such homesteads shall have q right Of pr