The Placer herald., 1866-09-15
The Mineral Land Bill Of Congress.


the public domain, bo b surveyed and unsu,veyed
hereby declared to be free and open to explora
ton and occupation by all citizens OF the United
States. aud those who have declared their inten-
! tion to become citizens. subject ~ such regula-
tions us may be prescribed by law. and subject
also to the local customs or rules OF miners in the
several mining districts, SO tar us 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 ass0ciati II OF persons claim
vein or lode OF quartz or other rck in place,
bearing gold, silver, clrnahar. or copper, having
| prev viously occupied and improved the ac-
! coring TO the local custom or rnlrs OF miners in
| tho district where the same Is situated. and hav
| ing expended in actual labor Il Il 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 aud may be Lawful!
| for said claim INT or association OF claim ,nts to
file in the local land office diagram Of the same
81 extended latcrally or otherwise as te coniotm
| to the local laws, customs, and rules OF mnrrs.
and to enter such tract aud receive pa ent there
for. granting such mine together with the ri ght
to follow said vein or lode with it's 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.
SEC. 8. And be it further enacted. That upon
the fling OF the diagram as ptovdcd in the sec
ond section Of this Act and posting the same in
a conspicuous place on the claim together with a
notice OF intention to apply for patent the reg
i>ter Of the Land Office shall publish notice of
the same in newsp per published nearest to the
location OF stid claim and shall also post such
notice in hi office for the period Of 90 days; and
after he expiration OF said period. if no adverse
claim shall have been filed, 1t shall he the duty
OF the Surveyor General. upon application of the
party to survey the premises an. mike Il pla
thereof. endorsed with his approval. designating
the number and description OF the location. the
h. l,1Na i Al
character of The vein exposed; an upon the pay
mrnt 10 the proper officer OF SIS per acre. togeth
er with the cost of such survey, plat and notice
and giving sttiet 'ctory evidence that said dia
gram and notice have been posted on the claim
during said period OF 90 days. the register ,f the
lud Office shall transmit to the General Land
Office said plat. survey. and description. aud IL
pItent shall issue for the same thereupon: but
Said plat survey. or description shall in no case
cover more than one vein OF lode, and no patent
shall issue for more than one vein or lode, which
shall he expressed in the patent issued
SEC. 4 And lie it further enacted. That when
such location and entry OF Il m he shall be upon
unsurveyed lands il shall and my be lawful.
alter the extension thereto Of the public surveys
to adjust the surveys 10 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 slme from Il le,
taugulIr form to suit the circumstances of the
country aud 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 IN additional claim
for discovery to the discovcrcr OF the lode, with
the right to iolloW sucl vein 10 any depth. with
all its dips, variations and angles together with
reasonable quantity OF surface .or the conven-
icnt working OF the same as fxel by local rules;
and prnridel further that person may make
more than one location on the same lode and not
more than 3 000 feet shall he taken i'll any one
claim by any association OF persons
SEC. 5. And be it lurh r enacted. That as a
further condition Of sale, in the absence of ne
cess,ry legislation by Congress. the local Leeis-
l,ture 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 shall
be fully expressed in The patent.
SEC. 6. And he it further enacted, That when
ever any adverse claimants to any mine located and
claimed as aforesaid, shall appear before tho ap-
proval Of the survey. rs provided in the third
section OF This Act. all proceedings shall be stay
ed until final settlement and adjudication in
the courts oil competent jurisdiction Of the rights
of possession to such claim, when a patent may
issue us in other cases.
SEC I. And he 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 la vs.. wherever he may deem he 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 g. And be ii further enacted. That when
ever, hy priority Of possession. ri ghts to the use
OF water for mining. agricultural. manufacturing
or other purposes. have vested and accrued. and
the slme are recognized and acknowledged by
the local customs. laws aud 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.
siructon OF any ditch or canal. injure or dam lge
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. TO- And he 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 Ct gold, silver. cinnahar
or copper dis 0vercd. AMI which are properly
agricultural Lands. the said settlers or owner of
such homesteads shall have right OF pre- emp.
| ton thereto. and shall lie entitled TO purchase The
same at the price Of Sl.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 90 1862, 'ntitled AN
act to secure homc>eads TO actual settlers on the
public domain" and acts amendatory thereof.
SIC. IL. And be it further enacted, That upon
the survey OF the lands aforesaid. the Secretary
OF the Interior my designatc and set apart such
portions Of the said Lands rs are clearly agricul-
| tural lands. which lands shall thereafter b" sub.
ject TO pre- mption and sale rs other publc lands
OF the United States. and subject to all he laws
! and remul ulutiOns nnnlic al,ln To tho