The Placer herald., 1866-08-25
The Mineral Land Bill Of Congress.

pasSeu tue uOust Wituout ouSuuuSue VIII
become a law, with the Presidents approval:
SECTION l. That the mineral lands of the pub
lie domain. bo b surveyed aud unsurveyed, arc
hereby declared to be free and open to explora-
ton and occupation by all citizens Of the United
States, and those who have declared their lnten-
tion to become citizens. subject to such regula-
tions as may be prescribed by law and subject
also TO the local custom or rules OF minels IN the
several mining districts, so far as the same may
not be in conflict with the laws OF the United
States.
SEC. 2. And he it further enacted, That when
ever any person or association OF persons claim
vein or lode Of quartz or other rcck in place,
bearing gold, silver, cinnabar, or copper, having
previously occupied and improved the same ac
corling to the local custom or rules Of miners in
the district where the same is situated, and hav-
ing expended in actual labor and improvements
thereon an amount Of not less than s. 600 and in
regard TO whose possession there is no conrover
sy or opposing claim it shall and may be Lawful
for said claimant or association OF claimants to
flc in the local land office diagram Of the same
so extended laterally or otherwise as to conform
to the local laws, customs, and rules Of miners,
and to enter such tract and receive patent there
for, grantin such mine. together with the right
to follow said vein or lode with it's dips, angles
and variations to any depth, although it may en-
ter the land adjoining, which land adjoining shall
be sold subject to this condition.
SEC. 8. And be it further enacted. That upon
the filing OF the diagram rs provided in the Sec
oud section of this Act. and posting the same in
a conspicuous place on the claim together with
notice OF intention to apply for patent, the reg
lister OF the Land Office shall publish notice of
the same in newspaper published nearest to the
location OF said claim, and shall also post such
notice in his office for the period of 80 days; and
after he expiration of said period, if no adverse
claim shall have been filed, it shall be the duty
of the Surveyor General. upon application of the
party to survey the premises and make a plat
thereof, endorsed with his approval designating
the number and description of the location, the
value of the labor and improvements. and the
character of the vein exposed; and upon the pay
ment to the proper officer of IS per acre, togeth-
er with the cost of such survey, plat, and notice,
aud giving satisfactory evidence that said dia-
gram and notice have been posted on the claim
during said period OF 90 days, the register Of the
Land Office shall transmit to the General Land
Office said plat. survey, and description, 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 L. And he it further 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 the limits of the prem
ises according to the location and possession and
plat aforesaid and the Surveyor General may. in
extending the surveys, vary the same from rec
tangular form to suit the circumstances of the
country and the local rules, laws and customs OF
miners: provided, that no location hereafter
made shall exceed 200 feet in length along the
vein for each locator. with an additional claim
for discovery to the discoverer of the lode, with
the right to follow such vein to any depth, with
all its dips variations and angles, together with
a reasonable quantity OF surface Cor the conven-
lent working of the same as fixed by local rules;
and provided further that no person may make
- ~. IL.
more than 5000 feet shall he taken in any one
claim by any association of persons
SEC. 5. And be it further enacted. That the
President of the United States be. and is hereby,
authorized to establish additional land districts
and to appoint the necessary officers under exist
ing laws. wherever he may deem the same neces-
sary for the public convenience in executing the
provisions of this act
SEC. 6. And be it further enacted, That when
ever adverse claimants to any mine located and
claimed as aforesaid, shall appear before the ap-
proval Of the survey. as provided in the third
section Of this Act all proceedings shall be stay
ed until fual settlement and adjudication in
the courts OF competent jurisdiction of the rights
of possession to such claim, when patent may
issue as in other cases.
SEC. l. And be it further enacted. That wher.
ever prior to the passage of this act, upon the
lands heretofore designated mineral lands
which have been excluded from survey and sale.
there have been homesteads made by citizens of
the United States, or persons who have declared
their intention to become citizens. which home
steuds have been made improved and used for
agricultural purposes, and upon which there have
been no valuable mines of gold silver cnnabar
or copper discovered, and which are properly
agricultural lands. the said settlers or owner of
such homesteads shall have right OF pre- emp
ton thereto. and shall he entitled to purchase the
same at the price Of 81 ,25 per acre, and in guam:
tity not to exceed 100 acres or said parties may
.aft H. - g
Congress approved May 90 1862, entitled 'An
act to secure home,teads to actual settlers on the
| public domain" and acts arlendatory thereof.
Sec. s. And be it further enacted. That upon
the survey Of the lands aforesaid. the Secretary
of the Interior may designate and set apart such
portions of the said lands rs are clearly agricu
tural lands, which lands shall thereafter be sub
ject to pre-emption and sale as other lands Of the
United States, and subject to all the laws and
regulations applicable to the same.
Sec. g. And be ii further enacted, That when
ever, by priority of possession, rights to the
of water for mining, agricultural. manufac turing
or other purposes, have vested and accrued, and
the same are 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 bitches and canals for the purposes aforesaid
| is hereby acknowledged and confirmed: Provided,
however, That whenever. otter the passage OF
this act, any person or persons shall, in the con-
struction OF any ditch or canal injure or damage
the possession of any settler on the public do
main. the party committing such injury or dam
age shall be liable to the party injured for such
injury or damage.
SEC. TO- And be it further enacted. That the
right of way for the construction OF highways
public lands, nor reserved for public use, is
hereby granted.
SEC. II. And be it further enacted, That as
further condition of sale, in the absence of ne
cessIry legislation by Congress, the local Legis-
ature 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.