Weekly Calaveras chronicle., 1866-08-25
Mining Bill.

of the public mineral lands, and to extend
the right of pre-emption thereto" This bill
was introduced by Hon. VIM. Highly, Mem
Der of Congress from this District. Its au-
thorship has been er,Oneously accredited to
Hon. John Conness:
| SECTION L. Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled,
| That the mineral lands of the public domain,
both surveyed and unsurveyed, are hereby
| declared to be free and open to exploration
and occupation by all citizens of the United
States, and those who have declared their
| intention to become citizens, subject to such
regulations as may be prescribed by law,
and subject also to the local custom or rules
of miners 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 be it itfurther enacted, That
| whenever any person or association of per-
sons claim vein or lode of quartz, or other
rock in place, bearing gold, silver, cinnabar
or copper, having previously occupied and
| improved the same according to the local
custom or rules of miners in the district
where the same is situated, and having ex-
pended in actual labor and Improvements
thereon an amount of not less than one thou
sand dollars, and in regard to whose posses
| sion there isno controversy or opposing claim,
| it shall and may be lawful for said claimant
or association of claimants to file in the local
land Office diagram of the same, SO EXTEND
ed 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. granting such mine, together with the
/ 10 fol oh 1oIo
angles, and variations, to sny depth. although
it may enter the land adjoining, which land
adjoining shall be sold subject to this con-
dition.
| Sec. 8. And be it further enacted, That
upon the filing Of the diagram as provided
in the second section of this act, and posting
the same in conspicuous place on the claim,
together with a notice of intention to apply
for patent, the register of the land Office
| shall publish notice of the same in q 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, if no ad-
verse claim shall have been filed, it shall be
the duty of the surveyor general. upon appli-
cation of the party, to survey the premises
and make aplat thereof, Endorsed with his
approval, designating the number and de-
scription of the location, the value of the Ia
Dor and Improvements, and the character of
the vein exposed; and upon the payment to
the proper officer of five dollars per acre. to-
gether with the cost of such survey, plat,
and giving satisfactory evidence that said di-
agram and notice have been posted on the
claim during said period of ninety 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, which shall be express
ed in the patent issued. .
Sec. 4. And be it further enacted, That
when such location and entry of 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 premises according to the loca-
tion and possession and plat aforesaid, and
the surveyor general may, in extending the
surveys, vary the same from a rectangular
form to suit the circumstances of the country
and the local rules, laws, and customs of
miners: Provided, That no location hereaf-
ter made shall exceed two hundred feet in
length along the vein for eseh locator, with
an additional claim for discovery to the dis
coverer of the lode, with the right to follow
such vein to any depth, with all its dips, va
riations and angles. together with n reasona-
BILE quantity of surface for the convenient
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 three thousand feet
shall be taken IN any one claim by any asso-
citation of persons.
SEC. 5. And be it further enacted, That
as further codition of sale, in the absence
of necessary legislation by Congress. the local
legislature 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. ee
SEC. 6. And be it further enacted, That
whenever any adverse claimants to any mine
located and claimed as aforesaid, shall ap-
pear before the approval of the survey, as
provided in the third section of this act, all
proceedings shall be stayed until final set
tlement and adjudication in the courts of
competent jurisdiction of the rights of pos
session to such claim, when a patent may is
sue as in other cases.
Sec. Z. A1d 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 existing laws, wherever he may
deem the same necessary for the public con-
venience in executing the provisions of this
actS
SEC. 8. And be it further enacted, That
the right of way for the construction of high
ways over public lands, not reserved for
public uses, is hereby granted.
Sec. 9. And be it further enacted, That
whenever, by priority of possession, rights to
the use of water for mining, agricultural,
manufacturing or other purposes, have vest
ed and accrued and the same are recognized
and acknowledged by the local customs,
laws, and the decisions of courts, the pos
SCISSORS and owners of such vested rights,
shall be maintained and protected in the
same; and the right of way for the construc-
tion of bitches and canals for the purposes
aforesaid is hereby acknowledged and con-
frmed: Prorided. hoacecer, That whenever,
after the passage of this act, any person or
persons shall, in the construction of any
ditch or canal, injure or damage the possess
sion of any settler on the public domain, the
party committing such injury or damage
shall be liable to the party injured for such
injury or damage.
SEC. 10. And be it 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 homesteads
made by citizens of the United States, or
persons who have declared their intention to
become, citizens which homesteads have
been made. improved, and used for agricul-
tural purposes, and upon which there have
been no valuable mines of gold, silver. Gin
nabar, or copper discovered, and which are
properly agricultural lands, the said settlers
or owners of such homesteads shall have