Page:United States Statutes at Large Volume 14.djvu/273

 THIR'l`Y-NINTH CONGRESS. Sess. I. Ch. 244, 245. 1866. 243 provisions of this act, and to such legislation as Congress may hereafter provide: Provided That the Comstock lode, with its dips, spurs, and &0¤m¤éo<=kl¤5!¢, angles, is excepted from this grant, and all other lodes, with their dips, 0&;'}0d:gr:;P spurs, and angles, located within the said two thousand Feet, and which cepted nom this are or may be, at the passage of this act, in the actual bona fide Mtpossession of other persons, are hereby excepted from such grant. And the loiles herein excepted, other than the Comstock lode, shall be with- _IGd¤¤h¤f<3 W held from sale by the United States; and if such lodes shall be aban- ;;Q;}1°I mm domed or not worked, possessed, and held in conformity to existing mining rules, or such regulations as have been or may be prescribed by the legislature of Nevada, they shall become subject to such right of purchase by the grantee herein, his heirs or assigns. ‘ Sec. 3. And be it further enacted, That all persons, companies, or c0r~ IQWMN of porations owning claims or mines on said Comstock lode or any g‘?E);°:l£L°g: other lode drained, benefited, or developed by said tunnel, shall hold their other 1ode,be¤o- claims subject to the condition, (which shall be expressed in any grant 2:;':;{Yt:h;°ld they may liereafter obtain from the United States,) that they shall con- c;,,;m,,'suy,j°c;, tribute and pay to the owners of said tunnel the same rate of charges for &c. drainage or other benefits derived from said tunnel or its branches, as have been, or may hereafter be, named in agreement between such owners and the companies representing a majority of the estimated value of said Comstock lode at the time of the passage of this act. Apraovnn, July 25, 1866. CHAP. CCXLV.—An Act to gegulate the Times and Mannm·of' hohling Ehactions for July 25, 1866. enators in Congress. ‘—‘——·—· Be it enacted by the Senate and Hozcsc of Representatives of the United States of America in Congress assembled, That the legislature of each What legis- State which shall be chosen next preceding the expiration of the time for ;*;°(l“;$;s;3°2S;{ which any senator was elected to represent said State in Congress, shall, senators in conon the second Tuesday after the meeting and organization thereof, pro- QMS- ceed to elect a. senator in Congress, in the place of such senator so going out of office, in the following manner: Each house shall openly, by a viva _ Mode of elecvoee of each member present, name one person for senator in Congress “°“· from said State, and the name of the person so voted for, who shall have n. majority of the whole number of votes cast in each house shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve o’clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly and the journal of each house shall then be read, and if the same person shall have received a. majority of all the votes in each house, such person shall be declared duly elected senator to represent said State_in the Congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint assembly shall then proceed to choose, by a viva voce vote of each member present a person for the purpose aforesaid, and the person having a majority ot' all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o’clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote until a senator shall be elected. Sec. 2. And be it further enacted, That whenever, on the meeting of P¤‘¤<=¤¤di¤z the legislature of any State, a vacancy shall exist in the representation `° of such State in the serum of thr United States, said legislature shall pro- `