Year: 1867

SEC. l. Be it enacted, That the mineral lands of
the public domain, both surveyed and unsurveyed,
are hereby declared to be free and open to eXplora
ton and occupation by all citizens Of the United
States and those who have declared their nten-
ton to become citizens subject to such rcgua-
tons as may be prescribed by lay, aud subject
also TO the local customs on rules OF miners in the
several mining districts, SO far as the same may
not be in conflict with the laws OF the U. States


sec. 2. And be it further enacted. That when
ever any person or association OF persons claim
vein or lode of quartz OF other rock in phce,
bearing gold, silver, cirnabar or copper, having
previously occupied and improved the same ac-
cording to the local custom or rules Of miners in
the district where the same il situated, and hav-
ing expended in actual labor AID improvements
thereon an amount OF not less than $ 900 and in
regard TO whose possession there is no controyer-
sy or opposing claim, it shall and may be lawful
for said claimant or association OF claimants to
Gle in the local land Office Il diagram OF the same
so extended laterally on otherwise as to conform
to the local laws customs, and r0ics Of miners,
and to enter such tract and receive patent there
for. granting such mine, together with the RI ght
to follow sad vein or lode with its dips, angles
and variations to any depth. although it may en-
ter the land adjoining. W hich land adjoining shall
be sold subject to this condition.


SEC. 3. And be it further enacted That Il H0n
the filing OF the diagram as provided in the sec
ond section OF this Act. and posting the same in
q conspicuous place on the claim together with a
notice of intention to apply for patent. the reg
lister OF the Land OAicc shall publish a notice Of
the same in newspaper published nearest to the
location OF said claim, and shall also post such
notice in his Office for the period of 80 days: and
after the expiration Of said period. if no adverse
claim shall have been fled it shall be the duty
of the Surveyor General. upon application Of the
party to survey the premises and make a pla
thereof, endorsed with his approval, designating
the number and dcscrip tioG Of the location, the
value Of the labor and improvements, and the
character of the vein exposed and upon the pay
mcnt to the proper officer Of So per acre. togeh-
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 cltim
during said period of 90 days, the register CT the
Land Office shall transmit to the General Land
Office said plat survey, and description, and a
patent shall issue for the same thereupon but
said plat, survey. or description shall in no case
cover more than one vein or lode, and no patent
shall issue for more han one vein or lode, which
shall be expressed in the patent issued.


SEC. f. 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,
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 may in
extending the surveys, vary the same from a rec
! tanguar form to suit the circumstances of the
country and the local rules, laws and customs Of
miners; provided, that no location hereafter
made shall exceed 200 feet in length along the
vein for each locator with an additional claim
| for discovery to the discovercr OF the lode with
! the right to follow such vein to any depth with
all its dips variations and angles together with
a reasonable quantity OF surface for the conven-
| lent 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 5000 feet shall be taken in any one
claim by any association OF persons.


| SEC. 5. And be it further enacted. That as a
| further condition Of sale, in the absence of ne
cesslry legislation by Congress. the local Legs-
lature 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 i'll the patent.


SEC. 6. And be it further enacted. That when
ever any adverse claimants to any mine located and
claimed as aforesaid, shall appear before the APP
proval o! the survey as provided in the third
section of this Act, all proceedings shall be stay
ed until q final settlement and adjudication in
the courts OF competent jurisdiction Of the rights
of possession to such claim when patent may
issue rs in other cases.


SEC I. 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.
ne laws, wherever be may deem the same nece s.