Nebraska advertiser., 1867-02-21

such regulations as be shall deem necessary the
deputy ~cOIlectrr Of customs at the port Of Calais in
the State Of Maine, to enter and clear vessels, end
70 perfsrm such other official acts as the sail Sec
Rotary shall think advisable.
Approved ,Jaiy 25, 1865.
PUBLIC-No as2
An Act granting the Right Of Way to Ditch and
Canal Owners over tho Pubie audi, and for oIhoi
proposes.
Be is enacted by the Senate and Houss Of Rep
rssentat1Ues o(the Uafted States Of ASseriea in Cou-
sress assembled,
That she mineral lands Of the public damaid both
surAeyed and unsUryeyH, arc hereby declared tc
be free and open to exploration and occupation BY
aU'citizens Of the United States, and those who
have declared their intention to become citizens
subject 70 such regulation as may be prescribed
BY law, and subject also to the local customs OF
rules of miners 10 the several mining districts, so
far AZ the same naay rot lie in conflict with the
laws Of the United 5 ekes.
Sec. q, And be it.furtheF enacted, That when
ever any person or association Of persons claim q
vein or lode ofquartz, or other rock in place, bear
ing gold, silver ,einaabar. or ecper, having preTi-
ousiy occupied and improved the ame7accotding to
the local cDslom or rules Of minors in the district
where The sRme.is situated, aud having expanded
in actual labor and improvements thereon an
amount Of not less than one thousaut d Jlla 5 and
IN regard 70 " uO&e pOStS-SlOu tuClO u NJ JOubfO-
sv Or oppositing claim, it shall and may be lawful
for said elgimsnt or association Of claimants TO
flc in the local land Office 8 diagram Of the came,
50 extended laterally or otherwise as to conform to
the local laRs customs, and rules Of miners, and
enter such tract aud receive a patent therefor,
granting such mine, together with tina right 70
follow such vein or lode with tie dips, angles, and
variations. to any depth, although il msy enter
the land adjoining, which land adjoining shall be
H1,1lfEhier - Shis order
t Ap1 s. 4frftha ensotea That uren
liza ha f pd 81 Ge e
a" #
n0ltea ef fa1o1sioa ID aRoIF W
lister IS the land oGeo 81 81 pubh a4otico q he
same in a newspaper published nearest to the To-
cation Ofsaideelaim. and shall aso POST such noti-
30 In his OF CO for the period Of ninety days and
end after the expiration Of said period, il no Rd-
verse claim shall have been fled, it shalt DO the
duty Of the surveyor-ge neral upon application Of
the party, 20 survey the premises and make a plat
thereof iad0rsed with bis .apprOvalj designating
the number and description Of tho location, the
value Of the labuY and impro "A IN G and tbs char
ter Of the vein exposed snd upon bns p.yment to
the proper Off or OF FIVE dollars psr ac,s, together
with cost Of such survey, plat and notice, aud Civ
ing satisfactory evidence that said diagram and
notice hive been posted on the claim during said
period Of ninety days, the register Of the Elni Of
fee shall transmit to the general Fand elise said
plat, survey, and description: and q patent shall
issue for the same thereupon. But said p.as,sur-
vey or description shall in no easscO or more tame
one vein or lode,and No patsnt shall issue for mjir
than one vein or lode whisk shall be expressed mn
the patent issued.
Sec. 4. And be it further enacted, That when
such location and entry Of a mine shall be upon
unsurveyed lands, it shall and may be lawful, af-
ter the extension thereto hf the public surveys,to
adjust the SURVEYS to the limits Of the premises ac-
cordiug 10 the location and possession aud plat
aforesaid md fkn eurvawnr ronarol NAV IN rwror-
ding the surveys, very tee same fIom 8 re ;taaga-
Jar form to snit the circumstances Of the COUNTRY
and the local Eules laws, and customs Of miners :
Provided, That no location hereafter made shall
exceed two hundred feet in length Along the vein
for each locator, with an additional claim for dis
OcVery TO the discoveror Of the lode, with tho right
to follow such vein to any depth, with all It's dips,
variations, and angles, together with q reasonable
quantity Of surface for the convenient working Of
same as fixed By local rules And provided fur
Their That no person ma make more than one To-
cation on the same lode, aud not more than three
thousand feet shall be taken in any one Slain By
representation of persons. - 4
Sec. s.. And be i further enacted, That as q
further conditionof sale in the absence Of necessa-
- legislation by Congress, the local legislature Of
any State or Territory may provide for working
mines involving easements ,drainags and other nee
RssaTy means 10 their complete Development and
those conditions shall befully expressed IN the pat
Sec And Be it further enacted, ThatWheneYer
any adverse claimants e aay mine located ami
claimed as aforesaid shall appear before the ap-
psovatOf the survey as provided in the third Sec
ton Of this act, all pEeCiedinys shall be stayed IN
~ q dnal settlement aud adjudication in the c0ur
Ofscumpeient jurisdiction Of the rights e possess
sion osuch claim, when . patent may Issue as in
other cases.
Sec 2 And be Il further enscted, That the pres
idcnt Of the United States b. end is hereby, au-
thorized 70 esiab lie additional land districts and
20 appoiat the Necessary officers ander existing
laws wherever be may desm 6the same nerersary
Tor the public sOnVepisnce ia szeseding the pro-
visions Of this set.
See. s. And Do it farther euaotsd, That the
right Of way for the construction Of highways over
pEehe4ands, not reserVsa Eoi public usssi IS here
bs granted. :
SIC. 3. And be il furth r enacted, That when
ever By priority Of possession, rights to the use Of
nSter LOT mining. agricultural, B0nufaoturing. or
o9ler purposes havevested aud aseraed, and tho
same arc recognized and ACKNOWLEDGED By the To-
~ ecstons Jaws and the courts The possessers
sna eSness Of such vested rights shall be main
4lnee ana proteetcdia tbesame and tbe right Of
sAy Tor the construction o. didchss and canals for
tae purposes aforesaid is hereby acknowledged and
oennfned; Provided however, That Whenever,
Hltef ne passage Of this act, any porson or pers-
a. sne Il, in the construction Of any ditch or ca.
~ ihlure or damage the possession Of any settler
or tqs public domain, the party committing such
- - y aA4 r-LNH NUNA~
? o. damage shall be Liable . tho party iniarsd
lor such iLJurE or damage.
eee. 70. Aud be l. further enacted, Thas vrhor
sse5l prioF q the passage Of this act, upon the
Anes heretofore designated as n5neral lands,
salen naYe been excluded from surey and sale,
.ee,s nave been home-stsads made BY eitizens Of
~ tnlted States or persons who have declared
sneiE intention 10 become citizens, Whice hon q
-teaas hays been male, improved, and used for 8 8
nealtaral purposes, and upon which there hare
I-sn 10 valuable mines Of golds silVer, elanaear or
eeiPer discovered, and which ars properly agrloUl-
sAr4i lands, the said settlers or owners Of encA
nQmestetdsshaN have a right Of prescription Their.
tosand shall be entitled - purohase the ane at
the price Of one dollar and laenty five ce1H per
acre, and il quantity nos 20 exe8sd one handred
and sizty-acFs5 /. or said parSies nay avail them
selvo5 Of the prOvisious Of tae aotpf Congress ap-
proved Nay twenty, eirhtsen hundred and sixty
two, emitted ian aet to secure h0nesseods q aota-
81 s~ettlsrs On pebble domain" and aesamsndatorx