Year: 1866

Sec l. Be it enacted, That the mineral lands Of
the public domain, both surveyed and unsuryeyed,
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 inten-
tion to become citizens subject to such regua-
tions as may be prescribed by law, and subject
also 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 laws of the U. States.


Sec. 2. And he it further enacted. That when
ever any person or association OF persons claim
vein or lode of quartz or other rock in place.
bearing god silver cinnabar. or copper, having
previously occupied and improved the same ac-
cordng to the local custom or rules of miners in
the district where the same is situated, and hav-
ing expended in actual labor and improvements
thereon au amount Of not less than S 900 and in
regard TO whose possession there is no controver-
sy or opposing claim, it shall and may be Lawful
for said claimant or association oil claimants to
lille in the local land office diagram Of the same
so extended laterally or otherwise as to conform
to the local laws, customs, and rules Of miners


and to enter such tract and receive patent there
for, granting such mine, together with the light
to follow said vein or lode with its dips, angles
and variations to amy depth, although it may en-
ter the LAND adjoining. which land adjoining shall
be sold subject to this condition.


| SEC 3. And be it further enacted, That upon
the filing Of the diagram as provided in the Sec
ond section of this Act, and posting the same in
n conspicuous place on the claim together with a
notice OF intention to apply for patent, the reg
| lister OF the Land Office shall publish notice of
the same in a newspaper published nearest to the
location Of said claim, and shall also post such
notice in his office for the period of 90 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 pla,
| thereof endorsed with his approval, designating
| the number and descpp ton of the location the
value OF the labor and improvements. and the
character of the vein eyposed and upon the pay
mcnt to the proper officer of S5 per acre. togeth-
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 claim
during said period Of 90 days, the register Of the
Land Office shall transmit to the General Land
Olilce said plat. survey. and description, and a
patent shall issue for the same thereupon: but
sad plat, survey, or description shall in no case
cover more than one vein or lode, and no patent
shall issue for more than one vein or lode, which
shan be expressed in the patent issued.


| SEC. 4 And be it further enacted That when
such location and entry of 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
lses according to the location and possession and
| plat aforesaid, and the Surveyor General may in
extending the surveys, vary the same from a'rcc-


tangular 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 Cor 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 n
| further condition Of SALE in the absence of ne
ccssary legislation by Congress, the local Lepis-
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 in the patent


Sec G. And be it further enacted. That when


any adverse claimants to any mine located and
claimed as aforesaid, shall appear before the an.
| ploval of the survey, rs 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 as in other cases.


| Sec 7. And be it further enacted, That fhe
President Of the United States be, and is hereby.
authorized to establish additional land districts
and to appoint the necessary officers under exist
ing laws, wherever he may deem the same ncccs