The Placer herald., 1866-09-29
The Mineral Land Bill Of Congress

ton and occupation by all citizens of the United
States and those.who have declared their inten.
tion to become citizens. subject 70 such regpla.
tions as may he prescribed by law. and subicc,
also to the local customs or rules Of miner in the
several mining districts so far ,s the s,rnn M, y
not be in conflict with the laws Of lie L. States
SEC. 2. And be it further enacted. Thot wb.r.
ever any person or ASSOCIATE u ai persons claim 3,
vein or lode OF quartz or other rck in place
bearing gold. silver. cirnabar. or copper, hovipo
previously occupied and improved the same ac.
cOrding to the local custom or rules of miners in
the district where the same is situated. and hav-
ing expended in actual labor a~d improvements
thereon an amount of not less than 81 900 and in
regard TO whose possession there is no conrovrr.
sy or opposing claim. ii shall aud may be Lawful
+ for SAID claimant or association OF claimants ia
file in the local land Office diagram Of the same
so extended latcrally or otherwise as to conform
to the local laws. customs. and rules of minors
and to enter such tract and receive patent there.
for grantin g such mine. together with the light
to follow said vein or lode with its dips. an Giles
and variations to any depth. although it may en-
ter the land adjoining. which land adjoining sh III
be sold subject to this condition.
SEC. 3. And be it 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 on the claim together with a
notice of intention to apply for patent. the rec
IL
the same in a newspaper published nearest TO the
location of sud claim, and shall also post such
notice in his office for the period Of 90 days; and
after the expiration of said period. if no adverse
claim shall have been fled it shall be the duty
of the Surveyor General. upon application of the
party, to survey the premises an! make n Dla
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 pa v
ment to the proper officer of SIS per acre. togeth.
er with the cost of such survey plat. and notice.
and giving satisfactory evidence that said di,.
gram and notice have been posted on the cllim
during said period of 80 days, the register f 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
said plat. survey. or description shall in no case
cover more than one vein or lode, aud no patent
shall issue for more han one vein or lode. which
shall be expressed in the patent issued
SEC. 4. And be it further enacted. That when
such location and entry OF 4 nine shall be upon
unsurveyed lands, it shall and may be lawful.
after the extension thereto Of the public SURVEYS.
to adjust the surveys 10 he limits OF the prem.
ses according to the location and possession and
plat aforesaid, and the Surveyor General nav. in
extending the surveys. vary the same from a lec-
tangnlar form to suit the circumstances of the
country aud the local rules Laws and customs of
made shall exceed 200 feet in length along the
vein for each locator with an additional claim
for discovery to the discovercr of the lode with
the right to follow such vein to any deptb with
all its dips variations and angles toreth her with
u reasonable quantity OF surface Cor the conyen.
lent working OF the same as fyel by local rules;
and provided further, that no person nav make
more thai one location on the same lode. and not
more than 3 900 feet shall be taken in any one
claim by any association of persons
SEC. 5. And be it furih enacted. That as
further condition OF sale in the absence of ne.
cess,ry legislation by Congress. the local Lenis
lature of any State or Territory may provide
rules for working mines. involving easements,
drainage. an other necessary means to their
complete development. and those conditions sb, II
be fully expressed in the patent.
SEC. 6. And be it further enacted, That when
ever any adverse claimants to any mine located and
claimed aforesaid shall appear before the np.
proval of the survey, ~ 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 claim when patent NAV
issue rs in other cases.
SEC. 7. And be it further enacted. That the
President of the United States be- and is hereby
authorized to establish additional land districts
aud 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. s. And be it further enacted That the
right Of way for the construction of highways
over public lands, not reserved for public uses is
hereby granted.
SEC.9 And be il further enacted. That when
ever, Ivy 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 and acknow led .ed by
the local customs. laws and the decisions OF
courts, the posscssors and owners OF such vested
rights shall b. maintained and protected in the
sumo; and the right of way for the construction
of bitches aud canals for the purposes aforesaid
is hereby acknowledged and confirmed: Provided
however, That whenever. after the passage OF
this act, any person or persons shall in the con
sruction OF any ditch Or canal. injure or dam ge
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 he it further enacted That wher
ever prior to the passage of this act. upon the
lands heretofore designated as mineral lands
which hare been excluded from survey and sale
ther" have been homesteads made by citizens OF
the United-Sates, or persons who have declared
their intention to become citizens, which home
steads have been made, improved and used for
agricultural purposes. aad upon which there have
been no valuable mines Of gold silver. cinnalnr
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 lie entitled TO purchase the
same at the price of SIPS per acre, and in guam
tiiy not TO exceed 100 acres or said parties NAV
avail themselves of the provisions of the act OF
Congress approved Nay 20, 1862, untitled IAN
act to secure home.teads to actual settlers on the
public domain" and acts amcndatory thereof
SIC l. And he it further enacted That upon
the survey Of the lands aforesaid. the Secretary
OF the Interior moy designate and set apart such
portions of the said lands as are clearly agrcul
tural lands. which lands shall thereafter b. sub
Ject to presumption and sale as other pubic lands
OF the United States. and subject to all the laws