Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-12-13
MINERAL ON LAND GRANTS
A Subject of Deep Interest to Many
Miners in the Territory of
New Mexico.
TEXT OF DELEGATE FERGUSSON'S BILL
Authorizing the Exploration and Pur-
chase of Mineral Lands Situated
Within the Boundaries of Pri-
vate Land Claims.

House resolution No, 4066, introduced
on the eth of this month by Delegate
FERGUSON in the house of representa-
tives and referred to the committee on
public lands, is an important measure to
New Mexico and hence the New MEXICAN
gives the text of the bill in full as fol
lows:
Be it enated by the senate and house of
reprepresentatives of the United States
of America in congress assembled. That
hereafter all mines or deposits OF gold,
silver, quicksilver or minerals of the
same, copper, lead, tin, antimony, zinc,
tismutb, and other valuable mineral de-
posts, situated within the boundaries OF
any land the title to which is derived
from the government ofSpain or of Mexi
GO, by grant thereof made prior to the
conclusion of the treaties between the
United States and Republic of Mexico,
on February 2, 1848, and December
80, 1858, respectively, and now embraced
within the territories of New Mexico or
Arizona, or within the states of Utah,
Nevada, Colorado, or Wyoming, are here
by declared to be free and open to ex-
poration and purchase, and the lards on
which they are found to occupation and
purchase, by citizens of the United States
and those who have declared their inten
ton to become such, under the mining
laws of the United States and the pro-
visions of this act.
Sec. 2. That any person qualified to
acq uire title to such mines or mineral
deposits under the provisions of this act
| shall have the right to enter in and upon
the lands embraced within any such Span
ish or Mexican grant for the purpose OF
ex ploripg and prospecting the same for
such deposits of mineral, aud of posting
discovery of location notices and marking
ing the boundaries of any mineral claim
| to which he may seek to acquire title, and
shall only be liable to the owner or own
ers of such land for actual damage there
by done to the same.
Sec 8. That the locators Of all such
mineral claims shall, within three months
after posting notice Of location on the
same, mark the boundaries thereof on the
ground and file copy of said loca-
ton notice in the office of the recorder
of the county in which the same is situat
ed, and commence proceedings to ac-
qulre the lawful right to use the surface
ground embraced within the limits of
such mineral claim, with necessary in
gress and egress to and from the same;
and they are hereby authorized to &C
quire the same by condemnation under
| judicial process: Provided, That before
begi' ming such proceedings of condemna-
ton the locator shall tender to the
owner of the land in which such mineral
claim is located the sum of $3.50 an acre
for his interest in the land embraced
within the limits of such mineral claim;
and the receipt of suoh sum by the wner
of the land shall authorize the immediate
entry of the locator upon such land.
Sec. 4. That the United States circuit
court, or district court of the district,
and the territorial court of any territory
wherein such land Is located shall have
jurisdiction of the proceedings for such
condemnation.
Sec. 6. That the practice, pleading,
and mode of proceedings in cases arising
under the provisions of this act shall
conform as near as may be to the prac-
tice, pleadiugs, forme, and proceedings
existing at the time in like causes for the
condemnation of land for railroad pur
poses in the courts of record In the state
or territory within which such
circuit or district or territorial courts
are held, any rule of the court or local
law to the contrary notwithstanding.
Sec. 6. That the secretary of the in.
terror is hereby authorized and empow-
cred to make any rule or regulation he
may deem advisable or necessary to carry
out the provisions of this act not in con-
fict Herewith; but it shall not be neces-
sarY that such rales and regulations shall
be made in order that this act shall be-
come operative.
SEQ. 7. That this act shall take effect
and be in force from and after it's passage.