Arizona miner., 1866-12-29
TIE CONGRESSIONAL LAW.


 Law from an official copy:
 AN ACT GRANTING THE RIGHT or WAY TO
 DITCH AND CANAL OWNERS, OVER
 THE PUBLIC LANDS, AND FOR
 OTHER PURPOSES
 SECTION |. The mineral lands of the public domain, both surveyed and unsurveycd, are hereby declared to be free and open to ex- ploration and occupation by all citizens of the United States, and those who have declared their intention to become citZens, subject to such regulations as may be prescribed by law, and subject also to the local custom or rules of mines in the several mining districts, so far as the same may not be in conflict with the laws of the United States
 SEC 2 And be it further enacted, That whenever any person or association of per sons claim vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar or copper, having previously occupied and inn proved the same according to the local custom or rules of miners in the district where the same Is situated, and having expended in act ual labor and improvements thereon an amount of not less than Sl,OO0, and in regard to whose possession there Is no controversy or opposing claim, it shall and may be lawful for said claimant or association of claimants to | same. so extended laterally or otherwise as to conform to the local laws, customs and rules of miners, and Co enter such tract and receive patent thereof, granting such mine, togeth- CT with the right Co follow such vein or lode with the dips, angles and variations to any [ depth, although 1t may enter the land adjoin- | ing, which land adjoining shall be sold sub I joct to this condition.
 i SEC g. And be 1t further enacted, That upon the filing of the diagram as provided in : the second section of this act. and posting the same in a conspicuous place on the claim, together with a notice of intention Co apply for a patent, the Register of the Land Office shall publish a notice of the same in news published nearest to the location of said claim, and shall also post such notice in his office for the period of ninety days and after the expiration of said period, il no adverse claim shall have been filed, 1t shall be the duty ci the Surveyor General, upon the ap- plicatou of the party, Co survey the premises and make plat thereof endorsed with his approval, des gnating the number and descrip. ti0n Oi the location, the value of the labor and Improvements. and the charae ter of the vein exposed and upon the payment to the proper officer oi five dollars peracre, together with the cust Of su h survey, plat and notice, and giving sajisiac tory evidence that sad d. agram and notice have been posted on the
 sim during said period of ninety days, the .lster of the Land Office shall transmit to ts- General Land Off said plat, survey and de rpiion; and patent shall issue for the same thcreupon. But said plat, survey and description shall in no case cover more than one vein pr lode, which shall be expressed in tue patent is,ued.
 Sgc. 4. And be it further enacted, That when such location and entry af mine shall be gpon unsgryeyed lands, 1t shall and may toe lawful, after the extension thereto of the public surveys, to adjust the surveys to the limits of tine premises according to the loca- tion and possession and plat aforesaid and | the Surveyor General may, in extending the surveys, vary the same from rectangular | form to suit the circums tanees of the country and the local rules, laws and customs of min CTS; Proridea, That no location hereafter made shall exceed two hundred feet in length along the vein for each locator, and with an additional claim for discovery to the discoyerer of the lode, with the right to follow such vein to any depth, and with all its iir-, variations and angles, together with reasonable quan- tity of surface for the convenient 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 three thousand feet shall be taken in any one claim by any association of persons
 SEC ,. And be it further enacted, That as a further condition of sale, in the absence of necessary legislation by Congaess, the local Legislature of any State or Territory may provide rules for working mines involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed ia
 the patent.
 SEc. 6. And be it further enacted, That whenever adverse claimants to any mine To- cated and claimed as aforesaid shall appear before the approval Of the survey, as provided m the thlrd section of this act, all proceed ings shall be stayed until final settlement and adjudication of the rights of possession to such claim, when patent may issue as in other cases.
 SEc. :. And be it further enacted, That the President of the United States be. and he IS hereby authorized to establish addi- tional land districts, and to appoint the me- cessary officers under existing laws, wherever ne may deem the same necessary for the pub ne convenience n executing the provisions of this act
 sre 5. And be it further enacted. That the right of way for the construction of high ways over public lands, not reserved for pub- Inc uses, Is hereby granted
 SEC 2. And be 1t further enacted. That whenever by priority of possession, rights to the use of water for mining, agricultural. manufacturing or other purposes have vested and accrued, and tine same are recognized and acAnQwledged by the local customs, laws and occasions oi courts, the possessors and owners oi such vested rights shall be maintained and protected m the same; and the right of way TOT the construction of ditches and canals for the purpose aforesaid is hereby acknowledged and confirmed; Provided, however, That whenever, after the passage of this act. any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such