Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-02-05
rrSRRAt LAaps-Bn1 PASSED.
n
Amended Eli Repsrted By Senator
Stewart and Passed.

MINRRAL LANDS.
Amended Eli Reperted By Senator
gscwart and Passed.
SIor1oNl !. That the mineral lands Of the
public domain, both Surveyed and unlurvey-
ed, are hereby declared to be free and open
10 exploration and occupation BY all citizens
of the United States, and those who have
declared their intention to become citizens,
subject to, such regulations as may be pre-.
scribed BY law, and subject also TO local Gus
tom or rules Of miners in the several mining
districts, 20 far as the same may not be In
conflict with the laws Of the United States.
SEo.2 Z. And belI further enacted, That
whenever any person or association Of per-
sons claim q vein or lode Of quartz, or other
rock il place, bearing gold, silver, cinnabar,
or copper, having previously occupied and
improved tho same according to the local
custom or rules Of miners in the district
where the same is situated, and having e.
pended In actual labor and improvements
thereon an amount not less than one thou
sand dollars, and in regard to whose posses
sion there il no. controversy OF opposing
| claim, It shall and may be lawful for said
| claimant or association Of claimants to file
in the local land Office q diagram Of the same,
10 extended laterally or otherwise a. to con.
form to the local laws, customs, and rules Of
miners, and to enter such tract and receive .
patent therefor, granting such mine, together
with the right TO follow such yeiniorlode,
with its dips, angles and variations, 70 any
depth, although It may enter the land adjoin-
ing, which land adjoining shall be sold cub
ject to this condition.
SEC. 8. And BE- II farther enacted, Thst
upon the ding Of the diagram ~ provided in
second section of this Act, and postingt the
same In a conspicuous place on the claim,
together with o notice Of intention to apply
for a patent, the Register Of the Land Office
shall publish O notice o. the same In q 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
amer the expiration Of said period, II no ad.
verse claim shall have been fled, 1t
shall be the duty Of the Surveyor Cen
eral, upon application Of the party,
to survey the premises and make q plat
thereof, Endorsed with his approval designa-
ting the number and description ofthe loca-
ton, the value Of the labor and improve
ments, and the character Of the vein sx-
posed; and upon the 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 description; and a patent shall issue for
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 unsurveyed 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 to the loca:
ton and possession and plat aforesaid, and
the Surveyor General may, In extending tht
surveys, vary the same from a rectangular
form TO SUIT the circumstances Of the coun.
try and the local rules, laws, and customs Of
miners: Provided, That nc 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 diseoverei
Of the lode, with the right TO follow such vein
TO any depth, with all ita dips, variations, ant
angles, together with a reasonable quantity
of surface for the convenient working Of the
same A. fixed by local rules: And provided
further, That no person may make more
than one location on the same lode, and moi
more than three thousand feet shall be taken
in any one claim BY any association Of
persons.
SEC. S. And 6s It further enacted, That al
q 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 to their complete development; and
those conditions shall be fully expressed in
the patent.
sko.6 s. And b It further enacted, Tha,
| whenever any adverse claimants to any mine
| located and claimed aaaforssatd shall sppsaI
before the approval Of the survey, As pro.
| vided in the third section Of this Act, all pro-
ceedings shall be stayed until final settle
petent jurisdiction Of the rights Of posses
as in other cases.
SEC. z. And be Il. farther enacted, That the
| 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 he
may deem the same necessary, for the public
convenience in executing the provisionsof
this Act. .--.E- ~.
Sxo.8. Asd b Il further enacted, That the
| right Of way for the construction Of high
ways over public lands, not reserved for pub
lit uses, 10 hereby granted.
SEC. 9. And 30 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. arc 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 the construction Of ditch.
90 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 OF
canal, injure or damage thu POSSESSION Of any
settler on the public domain, the party com.
hitting such injury or damage shall be liable
to the party injured for such injury or dam
age.
SEQ. 10. And b. It farther enacted, That
wherever, prior to the passage Of this Act,
upon the lands heretofore designated az min
| erarlands, which have been excluded from
survey and sale, there have been homestesds
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, einnabar
or copper discovered, and which are properly
agricultural lands, the said settlers or owners
| Of such homesteads shall have a right OF pre-
emption thereto, and shall be entitled to pur-
chase the same at the price Of n dollar and
twenty-five cents per acre, andin 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 and sixty.two,
entitled Gan Act TO secure homsstsads TO
actual settlers on the public domain" and
Acts a%mendatory thereof.
SEC. IL. And BE- u further enacted, That
upon the survey Of the lands aforesaid, the
Secretary Of the Interior may d~esignate and
set apart such portions Of the said lands As
are clearly agricultural lands, which lands
shall thereafter be subject to presumption and
sale ~ other public lands Of the United
States, and subject 70 all tho laws and rsgu-
lations applicable to the name.
THE above Act has been approved by the
President, and 10 now the law.-ED. News
NOTICE.
fNHE PUBLIC, AND ESPECIALLY ALL
L persons who have heratofors transaotedbus
ness with WELLS, FARGO & CO., ars notified