The tri-weekly standard., 1867-03-09
PUBLIC ACTS.
CHAP. CCLXII.

CHAP CCLXIL
An Act granting the Right of Way to Ditch and
Canal Owners over the Public Lands and for
other Purposes.
Be it enacted by the Senate and House of Re-
representatives. OF the United States of America in
Congress assembled, That the mineral lands of
the public domain, both surveyed and unsurrey-
9d, 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 citizens, subject to such re-
GuatonS may be prescribed by law, and sub
iect slsO to the local customs or rules of miners
in the several mining districts, so far as the same
may not be in conflict with the avs OF the Unit
ed States
See. 2. And be it further enacted, That when
ever any persons claim vein or lode OF quartz
or other rock in place, bearing gold, silver elm
nabar, or copper, having previously occupied and
improved the same according to the local custom
or rules of miners in the district where the same
is situated and having expended in actual labor
and improvements thereon an amount of not less
than one thousand dollars, and in regard 20
whose possession there is no controversy or OPP
posing claim it shall and may be lawful for said
claimant or asso luton Of claimants to ii!e in the
local land office diagram OF the same, SC extend
ed laterally or otherwise as to conform to the To-
cal laws, customs, and rules Of miners, and or
enter such tract and receive a patent thrrefOt,
granting such mine, together with the right to
follow such vein or ade with its dips, angles, and
variations, to any dephth, although it may enter
the ianG ADJOINING, Wnlcn lallu Sn;li De
sold subject 10 this condition.
Sec. 5. And be it further enacted, That upon
the filling of the diagram as provided in the Sc
cond section of this act, and posting the same in
a conspicuous place on the claim, together with
Il notice of intention to apply for patent, thc
gister of the land office shall publish notice of
the same in newspaper published nearest to the
location of said claims, and shall also post such
notice in his office for the period of ninety days;
and after the expiration of said period, if no ad-
verse claim shall have been filed, it shall &c the
duty of the surveyor-general, upon application of
the party, to survey the premises and make plat
thereof, indursed with his approval, designating
the number and description of the location, the
value of the labor and improvements, and the
raeter OF the vein exposed; and upon the pay
ment to the proper officer of five dollars per acre
together with the cost of such survey, plat, and
notice anil giving satisfactory evidence that sail
diagr. m i'd notice have been posted on The claim
during said period of ninety days, the register of
the land Office shall transmit to the general land
office said plat, survey, and description; and a
patent shall issue for the same thereup0n. But
said plat, survey, description shall ia TO case
cover more than one vein or lode, and patent
shall issue for more than one vein or lode, which
shall be expressed in the patent issued.
Sec. l. And be it further enacted, That when
such location and entry of mine shall he upon
ursurveyed lands, it shall and may be lawful, az
ter the extension thereto of the public surveys to
the limits of the premises according to the loca
ton and possession and plat aforesaid and the
surveyor-~eneral may, in extending the surveys,
vary the same from rectangular form to suit the
circumstances of the country and the local rules,
laws, and customs of miners Provided, That
location hereafter made shall exceed two hundred
feet in length along the vein for each locator,
with an additional claim for discovery to the dis
cOVerOr of the lode, with the right to follow such
vein to any depth, with all its dips, variations,
and agles, together with reasonable quantity 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 thou
sand feet shall be taken in any one claim by any
association of persons.
Sec ). And he it further enacted That rs
a further condition of sale, in the absence of
cessary legislation by Congress, the local le"isa-
turc of any State of Territory may provide rules
for working mines involving easements, dram E
aye, and other necessary means to their complct =
Development; and those conditions shall be ful =
ly expressed in the patent.
Sec 6. And be it further enacted, That when =
ever any adverse claimants to any mine locate
and claimed as aforesaid shall appear before tie
approval of the tey, as provided in the third
section of this act, all proceedings shall be stayed
until hnal settlement and adjudication in the
sourts of competent jurisdiction of the rights of
possession to such CAIN, when patent may is.
in other cases.
Sec. 7. And be it further enacted That the
President OF the United States be, and is here
by, authorized TO establish additional land dis
trics and to appoint the necessary officers under
ex sting laws, whenever he may deem the same
necessary for the public convenience in executing
the provisions of this act.
Sec. S. And be it further enacted, That tn e
right of way for the construction of highway ;
over public lands, not reserved for public uses,
hereby granted
Sec. 9. 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 accured, and
the same are recognized and acknowledged 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 ditch
and canals for the DurnOSeS aforesaid is herphv
acknowledged and cOntrmed Provided how
ever, That whenever, after the passage of this act
any person persons shall, in the construction
OF any ditch or canal, injure or damage the pos =
session OF any settler on the public domain, tin G
party committing such injury or damage shall b :
liable to the party injured for such injury or daG,
age.
Sec. TO- And be it further enacted, That wEer
ever, prior to the passage of this act, upon tho
lands heretofore designated as mineral lands
which have been excluded from survey and sale,
there have been homesteads made by citizens o
the United Stat5s, or persons who have declared
their intention to become citizens, which home
stcadS have been maGe, improved, and used for
agricultural purposes, and upon which there hav
been no vain rblc mines of gold, silves, cinnabar
o rcopper discovered, and which are properE,
agricultural lands, the said settlers or owners
such homcsteads Shall have right cf pre-emp
ton thereto, and shall be entitled to purchase tia
same at the price OF dollar and twenty -tiv, ;
cents per acre, and in quantity not to exceed .
hundred and siXty-acres; or said parties ma.
avail themselves Oh the provisions OF the act :
Congress approved May twhenty, eighteen hun :
dred and siXty-twO, entitled An act to secure
homcsteads to actual settlers on the public do :
man,'' and acts anendatory thereof
Sec. II. And be it further enacted, That upo. 4
the survey of the lands aforesaid, the Secrctar !,
of the Interior may designate and set apart suc'
portions of the said lands clearly agricu /
tural lands which lands shall thereafter be sal J.
jcct to prccmption and sale other public lam is
of the United States and subject To all the L.,
and regulations applicable to the same.
Approved, July 26, 1866
CHAP. CCLXITL
Anft outl,