The Placer herald., 1866-09-08
The Mineral Land Bill of Congress.

lie domain, DO surveyed and unsurveyed, arc
hereby declared to be free and open to explora'
ton aud occupation by all citizens Of the United
States aud those who have decla ed their inten'
tion to become citizens. subject ~ such regula.
tious as may be prescribed by law. aud subject
also 10 the local custom or rules OF miners in the
several mining districts, So Tar rs the same mty
not he in conflict with the laws Of the U. States
SEC. g. And I've it further enacted. That when
ever any person or asso,iati II o: persons claim
vein or lode OF quartz or other # ok in pl.,ce
bearing gold silver. cirnabar. or copper. having
previously occupied and improved the same ac-
cordng 10 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 to whose possession there is no cOntrover-
sy or opposing claim. il shall and may be lawful
for said claimant or association Oi claimants to
iile in the local land Offices diagram OF the same
50 extended latrraly or otherwise rs to conform
to the local laws, customs, aud 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. 3. A nd be it further enacted. That upon
the fling OF the diagram rs provided IN the sec
ond section Of this Act. aud posting the same in
IL conspicuous place on the claim together with
notice OF intention to apply for patent, the reg
i>ter oil the Land Office shall publish a notice Of
the slme in newsp .per published nearest to the
location OF said claim and shall also post such
notice in his Office Tor the period OF 80 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. 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; AMI upon the pay.
mcnt TO The proper officer OF S per acre. togeth.
er 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 IF the
l. md Office shall transmit to the General Land
Office said plat, survey. and description, and II
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 he expressed in the patent issued.
SEC. 4. And he 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 prem.
ses according to the location and possession and
plat aforesaid, and the Surveyor General nav in
extending the surveys vary the same from rec
Lngular form to suit the circumstances of the
miners: prov ded, that no location hereafter
made shall l-cxcecd 200 feet in length along the
vein for each locator with an additional claim
for discovery to the discOverer of the lode, with
the light TO follow sucn vein to any depth. with
all its dips. variations and angles togefhor with
a reasonable quantity OF surface Cor the conven-
lent working OF the same as ixel by local rules;
and provided further, that no person my make
more than one location on the same lode, and not
more than 5000 feet shall he taken in any one
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
and 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 6. And be it further enacted That when.
ever adverse claimants to any mine located and
claimed as aforesaid. shall appear before the up.
proval Of the survey. rs provided in the third
section OF this Act all proceedings shall he stay
ed until IA final tllemrnt and adjudication in
the courts OF competent jurisdiction OF the ri ghts
of possession to such claim, when patent may
issue us in other cases.
SEC I. And be it further enacted. That wber.
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 " gold. silver. cinnaimr
copper dis -overed, AMI which are properly
agricultural Lands. the said settlers or owner OF
such homesteads shall have right oI preemp.
ton thereto. and shall he entitled 10 purchase the
same at the price Of Sl.25 per acre, and in guam
tty not TO exceed 100 acres. or said parties may
avail themselves OF the provisions OF the act OF
Congress approved My 70, 1862, Untitled IAN
act to SECURE hOmeseads 10 actual settlers on the
public domain" and acts amendatory thereof.
SIC. 8. And be it further enacted, That upon
the survey OF the lands aforesaid. the Secretary
OF the Interior my designate and set apart such
portions Of the said lands as are clearly agricul-
tural lands, which lands shall thereafter b.. sub.
"ct 10 preemption and sale as other la ands of the
United States. and subject to all the laws and
regulations applicable to the same.
SEC. .. 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 and acknow edged 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 after the passage oil
this act, any person or persons shall, in the con.
sruclion 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 II. And be it further enacted, That as a
further condition of sale, in the absence of ne
cess'ry legislation by Congress- the local Legis.
lature OF amy State Or Territory may provde
rules for working mines, involving easements,
drainage an other necessary means 10 their
complete development, and those conditions shall
be fully expressed in the patent.