Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-02-23
MINERAL IANDsLBIIL PASSED.
MINERAL LANDS. +.
Amended Hill Repertsd by senator
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MINERAL LANDS.
Amended Hill Reperted by sensss'
.l Stewart nnd Passed. -g.II
SECTION !. That the mineral lands Of tht
public domain, both surveyed and unsuryey'
ed, are hereby declared to be'free and oper
to exploration and occupation by Ill 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, so far as the same may not be il
conflict with the laws Of the United States.
SEC. 2. And DO IL further enacted, NTha'
whenever any person or association Of per
sons claim a vein or lode Of quartz, or othel
rock in place, bearing goldIsilver, cinnabar
or copper, having previously occupied ant
improved the same according to the loea
custom or rules Of miners in the distric
where the same Is 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 sale
claimant or association Of claimants TO al,
in the local land Office q diagram Of the same
so extended laterally or otherwise az to CON
form to the local laws, customs, and rules,o
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. 2
SEC. 8. And be IL further enacted, Tha,
upon the fling Of the diagram as provided in
second section Of this Act, and posting the
same in n conspicuous pluce on the claim,
together with q notice OF intention to apply
for a patent, the Register Of the Land Office
shall publish a notice of the same in a 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 I'D,
verse claim shall have been . filed, l,
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.
ting the number and description Of the loca-
ton, the value Of the labor and improve
mcnts, and the character Of tho 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, 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 70
the General Land Office said plat, survey,
and description; and 4 patent shall issue fol
the same thereupon. But said plat, survey,
or description shall in no case cover more
than one vein or lode, and nc patent shall
issue for more than one vein or lode, which
shall be expressed in the patent issued.
SEC. 4. And be h,frther enacted, That
when such location and entry OF a 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 TIT
limits Of the premises according to the loca,
ton 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 coun
try and the local rules, laws, and customs o
miners: Provided, That no location hereafts,
made shall exceed two hundred feet in lengtl
along the vein for each locator, with an addi
tional claim for discovery to the discoyere
Of the lode, with the right to follow such yeir
to any depth, with all its dips, variations, ant
angles, together with a reasonable quantit,
Of surface for the convenient working Of tn
same as fixed by local rules: And provides
further, That no person may make NOR
than one location on the same lode, and no
more than three thousand feet shall be takel
in any one claim by any association o
persons.
SIC. s. And be IL further enacted, That a
a further condition Of sale, in the absence 0
necessary Legislation by Congress, the loea
Legislature OF any State or Territory ma
provide rules for working mines i~nvolvinj
easements, drainage, and other necesssr
means to their complete development; an
those conditions shall be fully expressed'i ii
the patent. .. a-.
SEC. 6. And be Il further enacted, Tha
whenever any adverse claimants to any min
located and claimed a. AFORESAID shall appea
before the approval Of the survey, as pro
vided in the third section Of this Act, all pro
ceedings shall be stayed until a final settle
ment and adjudication in the Courts Of com
petent jurisdiction Of the rights Of posses
sion to such claim, when q patent may issu
as in other cases.
SEC. Z. And be further enacted, That n
President Of the United States be, and !
hereby, authorized to establish additions
land districts and to appoint the neccssar,
officers under existing laws, wherever b,
may deem the same necessary for the publ
convenience in executing the provisions o
this Act.
SEC. s. And be it further enacted, That tn,
right OF way for the construction Of high
ways over public lands, not reserved for pub
lit uses, is hereby granted. -
SEC. 9. And be IL farther enacted, NTha
whenever, by priority Of; possession, rights z
the use Of water for mining, agricultural
manufacturing, or other purposes, have vest
ed and accrued, and the same are recognizes
and acknowledged by the local customs, law
and the decisions Of Courts, the possessori
and owners Of such vested rights, shall b
maintained and protected in the same ant
the right OF way for the construction OF ditch
es and canals for the purposes aforesaid ii
hereby acknowledged and confirmed. Pro
passage Of this Act, any person or persons
canal, injure or damage tho 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. .. .s
SEC. 10. And be IL further enacted, That
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 homesteadi
made by citizens Of the United States, OF
persons who have declared their intention Il
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, cinnabal
or copper discovered, and which are properly
agricultural lands, the said settlers or owner.
OF such homesteads shall have a 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 and sixty.two,
entitled "An Act to secure homesteads to
actual settlers on the public domain" AND
Acts a%mendatory thereof.
SEC. IL. And BE- Il further enacted, Tha,
upon the survey Of the lands aforesaid, the
Secretary Of the Interior may designate and
set apart such portions Of the said lands n
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 10 now the law.-ED. News
NOTICE.
iNHE PUBLIC, AND ESPECIALLY M