The Placer herald., 1866-08-18
The Mineral Land Bill Of Congress.

Following is a correct copy, from the Congres-
sional Globe OF the Senate bill, "to legalize the
occupation Of mineral lands and to extend the
right of pre- emption thei etc." which bill has
passed the House without amendment and will
become law with the Presidents approva
SECTION /. That the mineral lands of the pub.
lie domain. both surveyed aud unsurveyed are
hereby declared to be free and open to explora-
ton and occupation by all citizens of the United
States. and those who have lrciu ell their lafeti-
ton TO become citizens, subject to such regeia-
tons as may be prescribed by law and Sabject
also to the local custom or rules OF miners In the
several mining districts, SO isi as the same may
not be in conflict with the laws OF the United
States
SEC. 2. And he il further enacted. That when.
ever any person or association OF persons claim Il
| vein or lode of quartz or other rock in place,
bearing gold, silver cinnabar. or copper, having
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 and improvements
thereon an amount of not less than 81 900 and in
regard 10 whose possession there is no controver
sy or opposing claim, ii shall and may be lawful
for said claimant or association OF claimants to
file in the local land Office diagram OF the same
so extended laterally OF 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 shall
be sold subject to this condition.
SEC. g. And be it further enacted. That upon
the filing OF the diagram as provided in the Sec
oud 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 a notice of
tho in, mara HI she'd no, RI tho
location of said claim, aud shall also post such
notice in his Office for the period of 80 days; and
after The expiration of said period. if no adverse
claim shall have been fled, 1t shall be the duty
of the Surveyor General. upon application OF the
party to survey the premises and make plat
thereof. endorsed with his approval designating
the number aud description of the location, the
value Of the labor and improvements. and the
character of the vein exposed: and upon the pay
ment TO The proper officer OF IS per acre. togeth-
er with the cost of such survey, plat and notice,
and giving satisfactory evidence that said da-
gram and notice have been posted on the lain
during said period Of 80 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, aud no patent
shall issue for more han one vein or lode, which
shall he expressed in the patent issued.
SEC. 4. Aud be it further enacted. That when
such location and entry OF u mine sbaN 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 a rec
tanguar 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
n,.ol. -itt Il II.
for discovery to the discoverer of the lode, with
the right to follow such vein TO any depth. with
all its dips, variations and angles, toget her with
a reasonable quantity OF surface Cor the conven.
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 Que
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
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 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
of possession to such claim, when patent may
issue as 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 homesteads 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 Of gold, silver. cinnabar
! or copper dis covered, and which are properly
agricultural lands. the said settlers or owner OF
| such homesteads shall have Il right of pre-. emp.
ton thereto. and shall he entitled 10 purchase the
same at the price of SIPS 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 May 20, 1862, untitled An
act to secure home>teads to actual settlers on the
public domain and acts amcndatory 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-
tural lands, which lands shall thereafter be sub.
ject TO pre-empton and sale other lands of the
| United States, and subject to all the laws and
regulations applicable to the same.
SEC. 8. And be it 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 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. after the passage of
this act, any person or persons SHALL in the con-
struction oil any ditch OF 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. II. And be it further enacted That as a
| further condition of sale, in the absence of ne