The Placer herald., 1866-08-11
The Eiuera! Land Bill of Congress.
Following i. co,,ecl copy, from the Con gre.

occ"!'"'l'u VI Hi4H"ttI iluIo Hlu 10 extend the
right of presumption tlcleto.' which hil las
passed tie House Without amendment and VIII
become law, with the Presidents approval:
Section i. That the mineral laalS Of the pub
lie domain. ho b surveyed and unsuivrycd, are
hereby declared to h., Tree and open 70 exporu-
tion and occup tion liy ali citizens OF thc United
States and those who have declared their inteu-
tion 10 become citizens. sub iect to such ieoula-
tiOns may be prescribed by law, and subject
also 10 tie local custom OF rules OF miuel In the
several mining districts. 50 lar us 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 associati0n Of persons claim a
vein or lode Of quartz or other +, ok in place,
bearing gold. silver, cirnabar. or copper, having
previously occupied and improved the same ac-
cor'iing to the local custom or rules of miners in
the district where the same is situlted. and hav-
ing expended in actual labor aad Improvements
thereon an amount OF not less than 5 900 ard in
regard to whose possession there is no coutrover-
sy or opposing claim, il shall and may be lawful
for said claimant or association ot claimlnts to
file in the local land Office diagram Of the
So extended literally or otherwise as to conform
70 the local laws, cuso onls, and rules OF miners
and to enter such tract aud receive pa ent there
for. granting such mine, together with the right
10 follow said vein or lode with its dips. angles
and variations to my deph, although it may en-
tue i.iHu WHICH alu OJplUIIlE SutiI
be sold sui iect to this condition.
SEC 8. And he ii further enacted. That upon
the filing OF the diagram ia provided il the sec
ond section OF this Act and posting the same in
il conspicuous place on the claim together with
notice OF intention TO apply for Il patent. the reg
lister 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 hi Office tor the period OF 80 days; saI
after The expiration of said period. if no adverse
claim shall have been fled it shall he the duty
OF the Surveyor General. upon application of the
party. 10 survey the premises mike pla
thereof endorsed with his approval. designating
the number and description of the location. the
value of the labor and Improvements. and thu
character of the vein exposed; ami upon the pay
mcnt to the proper officer OF S per acre. togeth-
er with the cost of such survey. plat and notice,
and giving satisfactory evidence that said dia-
gram and notice have been posted on the claim
during said period OF 80 days the register Cf the
Land Office shall transmit to the General Land
Office said plat. survey. and description, and
patent shall issue ior the same thereupon: but
'aid 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
fh al he expressed in the patent issued
SEC 4. And he it further enacted. Thlt when
such location and entry OF 4 m ne 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
Uses according to the location and possession and
plat aforesaid. and the Surveyor General may. in
extending he surveys, vary the sIme from Il rc3-
tangular form to suit the circum stances of the
country aud 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 sucl vein to any depth. with
all its dips. variations and angles. together with
reasonable quantity OF surface Cor the eonyen
lent working OF the same as fixed by local rules;
and provided further. that no person may make
more than one location on the same lode. and not
more than 5000 feet shall be 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. 8. 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 he stay
ed until final settlement and adjudication in
the courts OF competent jurisdiction Of the ri ghs
of possession to such claim, when patent ma J
issue as in other cases.
SEC Z. 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 homes,eads made by citizens OF
the United States. or persons who have declared
their intention to become citizens which home
steads have been made. improved and used toI
agricultural purposes, and upon which there have
been no valuable mines Cf gold. silver. cinnabaI
or copper dis overed. and which are properly
agricultural lands the said settlers or owner OF
euch homesteids shall have right OF pre- emp
ton thereto. and shall he entitled TO purchase he
at the price of s % per acre. aud in guam
,ty not to exceed 100 acres or said parties may
avail themselves of the provisions OF the act of
Congress approved My 20. 1862 entitled AN
act to secure bome.teads TO actual settlers on the
public domiin." and acts amendatory 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 as are clearly agricul-
tura lands. which lands shall thereafter b. sub
ject to pre-emption and sale as other lands of the
United States and subject 10 all the laws and
regulations applicable TO the same.
SEC. 9. And be ii further enacted. That when
ever, 10y priority of possession. rights to the use
OF water for mining. agricultural. manufacturing
or other purposes. have vested and accrued. ant
the same are recognized and acknowledged by
the local customs laws and the decisions o
courts, the pOsscSsorS and owners OF such vestcC
rights shall b. 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 confrmed Provided
however, That Whenever. otter The passage OF
this act, any person or persons shall. in the con
struction oil any ditch or canal injure or dam &c
the possession Of any settler on the public do
main. the party committing such injury or dam
age shall he liable to the party injured for such
injury or damage.
SEC. 10. And be it further enacted, That the
right OF way for the construction OF Highways
over public lands, nor reserved for public use, is
hereby granted.
SEC II. And be it further enacted, That as q
further condition of sale, in the absence of ne
cessiry legislation by Congress. the local Legis
lature of any State or Territory may provide
rules for working mines. involving easements