The Placer herald., 1866-08-04
Tho Mineral Land Bill Of Congress

Tho Mineral Land Bill Of Congress.
Following is u correct copy, from the Congres-
sionoi Globe, Of the Senate bill, "to legalze the
occupation Of mineral lands and to extend the
right OF prc-emption thereto" which bill has
passed the House without amendment and will
become law, with the Presidents approval:
SECTION l. That the mineral lands of the pub
lie domain bolh surveyed and 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 inten-
ton to become citizens, subject to such regula-
ti6us rs may be prescribed by law, and subject
also to the local custom 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.
SEC 2. And he it further enacted. That when
ever any person or association OF persons Claim
vein or lode OF quartz or othef rock in place,
bearing gold, silver, cinnabar, OF copper, having
previously occupied and improved the same ac-
cOrslng to the locgl custom or rules OF miners in
the district where the same is situated, md hav-
ing expended in actual labor and improvements
thereon an amount Of not less than s 900 and in
regard 10 whose possession there is no conlrover-
sy or opposing claim, il shall and may be lawful
for said claimant or association OF claimants to
file in the local land office diagram OF the same
60 extended Mterally cr otherwise as TO conform
to the local laws, customs, and rules OF miners,
and TO enter such tract and receive patent there
for, granting such mine, together with the right
to follow said vein or lode with its dips, angles
and variations to any depth, although it may EN-.
ter the land adjoining. which land adjoining shA all
be sold subject to this condition.
SIC. 3. And bc il further enacted. That upon
the filing OF the diagram as p, divided In The sec
ond section of this Act. and posting the same in
conspicuous place OH the Claim together with
notice OF intention to apply for patent, the reg
lister of the Land Office shall publish a notice of
the same in n newspaper published nearest to the
location of said claim and shall also post such
notice in h> office Tor the period of 30 days; and
after The expiration Of said period. it 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 ami make plai
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
mcnt 10 The proper officer of 5 per acre, togeth-
ef with the cost Of such survey, plat, and notice,
and giving satisfactory evidence that said dia-
erum and notice have been posted on the claim
during said period OF 80 days, the register of The
Land Office shall transmit to the General Land
Office said plat, survey and description, aud
patent shall issue for the same hereupon 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 he expressed 10 the patent issued
SEQ. 4. And he 1t further enacted, That when
such location and entry OF NINE shall be upon
unsurveyed lands, 1t shall and may be lawful,
alter 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
t'ngnlar 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 discovcrer 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 txe'l by local rules;
| and provided further, that no person my 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 lie it further enacted. That the
President Of the United States be; and is hereby;
authorized TO establish additional land districts
aud 10 appoint the necessary officers under exist
ing laAs. wherever he may deem the same neces-
sary for the public convenience in executing the
| provisions OF this act
| Sec g. 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 a fiual settlement and adjudication in
the courts OF competent jurisdiction OF the rights
| of possession to such claitn, when a patent may
| issue us in other cases.
SEC. 7. And lie 1t further enacted. That wher-
ever prior TO the passage Of this act. Upon the
| lands heretofore designated as mineral lands
which have been excluded from survey and sale.
there have been homesieads made by cIizchs Of
the United Statea, or persons who have declared
| their intention to become citizens, which hOrhe-
steuds have been made, improved and used for
agricultural purposes. and upon which there have
Ueen no valuable mines Ct gold, silver, cinnal,ar
or copper discovered; and which are properly
agricultural lands. the said settlers or owner of
such homesteads shall have a right OF pre-. emp
ton thereto and shall I've entitled TO purchase the
same at the price Of $l,25 per acre, and in guam
tity not TO exceed 100 acres. Or said parties may
avail themselves Of the provisions OF the act of
Congress approved My 20, 1862, Untitled AN
act to secure homc>pads TO actual settlers on the
public domain" and acts amcndatory thereof
| SEC g. 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 are clearly agricul-
tural lands, which lands shall thereafter b. SUBJ
jet 10 pre-empton and sale rs other lands Of the
United States, and subject to all the laws and
regulations applicable TO the same.
SEC. 8. And be il further enacted, That when
ever, by priority Of possession, rights to the use
Of water for mining, agricultural. manufacturing ng
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 posscssOrs 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 alter the passage OF
this act, any person Or persons shall, in the con-
struction oil any ditch Ur canal. injure or damage
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 dafnage.
SEC. 10. And be it further enacted, That the
right OF way for the construction Of highways