The Placer herald., 1866-09-01
The Mineral Land Bill of Congress

perfection of our republican institutions may
demand.
The Mineral Land Bill of Congress.
Following is a col rect copy. from the Congres-
SionaI Globe. Of the Senate bill. 'to !egaize the
occupation oil mineral lands and to extend the
right of pre- -empton tlereto," which bill has
passed the House without amendment and will
become a law, with the Presidents approval:
SECTION l. That the mineral lands of the pub
lie domain, bo;h surveyed aud unsurveyed, arc
hereby declared to be Tree and open to explOra-
tion and occupation by all citizens Of the United
States, and those who have declared their inten-
tion 10 become citizens, subject to such regua-
tions 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 U. States
SEC 2. Aud he it further enacted, That when
ever any person or ASSOCIATE" OF persons claim
vein or lode of quartz or other rock in place.
bearing gold, silver. cirnabar. or copper having
previously occupied and improved the same ac-
corlng 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 5 900 and in
regard TO whose possession there is NO cOntrover.
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
50 extended latcrally or otherwise rs 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 ri ight
to follow said vein or lode with its dips, angles
and variations to any depth, although it may Ell
ter the land adjoining. which land adjoining shall
be sold subject to this condition.
SIC. 3. And be it further enacted. That upon
the filing OF the diagram rs provided in the sec
ond section Of this Act. aud 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 a newspaper published nearest to the
location of said claim. and shall also post such
notice in h- Office Tor the period of 90 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 AM make pla
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 TO he proper ofncer OF per acre, togeth.
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 Of the
Land Office shall transmit to the General Land
Office said plat, survey. and description, aud a
patent shall issue for 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
shall be expressed in the patent issued.
SEC. 4. And he it further enacted, That when
such location and entry OF NINE shall be upon
unsurveyed lands, it 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'ngular form to suit the circumstances of the
country and the local rules. laws and customs oil
miners; provided, that no location hereafter
made shall exceed 200 feet in length along the
vein for eac. locator. with an additional claim
| for discovery to the dscoyerer OF the lode, with
the right to follow snch vein TO any depth. with
ali its dips, variations and angles. together with
4 reasonable quantity OF surface Cor the conven-
| lent working OF the sine as fixed by local rules;
and provided further, that no person miy make
more than one location on the same lode, and not
more than 5000 feet shall be taken in any one
claim hy 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 ncces-
! sary for the public convenience in executing the
provisions OF this act
SEC &. 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 final settlement and adjudication in
the courts OF competent jurisdiction Of the rights
Of possession to such clam when patent may
| issue us in other cases.
| SECT. And be it 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 homcsteads 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 for
agricultural purposes. and upon which there have
been no valuable mines Cf gold, silver, cinnal,ar
or copper dis .overed 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 be entitled to purchase the
same at the price of SIPS per acre, and in guam
iity not TO exceed 100 acres. or said parties may
avail themselves of the provisions of the act Of
Congress approved Nay 20, 1862, untitled IAN
act to secure homesteads 10 actual settlers on the
public domain" and acts amendatory thereof.
SEC. 6. 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 agricul-
tural lands. which lands shall thereafter be SUBJ
lect to presumption and sale as other lands of the
| United States, and subject to all the laws and
regulations applicable to the same.
SEC. 8. And be ii further enacted, That when.
ever, by priority OF possession rights to the use
OF water for mining, agricultural. manufacturing
or other purposes, have vested and accrued, and
| the same are recognized ana acknowl wledCed 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, 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. H.. And be II further enacted, That as
iurther condition Of sale, in the absence of ne
cess'ry legislation by Congress. the local Legis.
lature OF any tate or Territory may provide
| rules for WORKING mines, involving easements