Year: 1866

Inc mineral Lana Dill OF VOuSEoSS.


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 expora
ton and occupation by all citizens OF the United
States, and those who have declared their inten-
tion 10 become citizens, subject to such regula-
tions as may be prescribed by law. and subject
also TO the local customs or rules OF miners in the
several mining districts, 80 far as the same may
not be in conflict with the laws Of the U. States


SEC g. And be il further enacted That when
ever any person or association OF persons claim a
vein or lode Of quartz or other rock in place,
bearing gold, silver. cinnabar. or copper. having
previously occupied and improved the same ac
cording to the local custom or rnics OF miners in
the district where the same is situated and hav
ing expended in actual labor aNd improvements
thereon an amount of not less than 900 and in
regard to whose possession there is no controver-
sy or opposing claim. ii shall and may be Lawful
for said claimant or association oil claimants to
file in the local land office diagram Of the same
so extended latcrally 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 right
to follow said vein or lode with it's dips, angles
and variations to any 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 tovidcd in the sec
ond section Of this Act and posting the same in
Il conspicuous place on the claim together with
notice of intention to apply for patent the reg
lister OF the Land Office 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 filed, it shall be the duty
of the Surveyor General. upon application Of the
party, to survey the premises ami make pla
antn o1 Il,
the number and description 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 S5 per acre. togeth
er with the cost of such survey, plat. and notice.
and giving satisfactory evidence that said da.
gram and notice have been posted on the claim
during said period Of 80 days, the register of the
Land Office shall transmit to the General Land
Office said plat, survey. and description, and
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 than one vein or lode, which
shall be expressed in the patent issued.


SEC. 4. And be it further enacted, That when
such location and entry Of mine shall be upon
unsuryeyed lands, it shall and may be lawful
after the extension thereto CT the public surveys
to adjust the surveys to the limits of the prem
ises according to the location and possession and
plat aforesaid and the Surveyor General may in
extending the surveys, vary the same from rec
tanguiar 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 discoverer of the lode, with
the right to follow such vein to any depth. with
all its dips, variations and angles together with
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
further condition Of sale in the absence of ne
cesstry legislation by Congress, the local Legis-
lature of any State or Territory may provide
rules for working mines, involving easements,
drainage, ami other necessary means 10 their
complete development, and those conditions shall
be fully expressed in the patent.


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


SEC. 7. And be it further enacted, That the
President of the United States be and is hereby.





aud to appoint the necessary officers under exist
ing laws. wherever he may deem the same neces-
sary for the public convenience in executing the
provisions Of this act.


SEC. 8. And be it further enacted That the
right of way for the construction of highways
over public lands, not reserved for public uses, is
hereby granted.


SEC. 8. And be it further enacted, That when
ever, by priority of possession. ri ghts to the use
| ri II in
or other purposes have vested and accrued. and
the same are recognized and acknow lodged 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 bitches and canals for the purposes aforesaid
is hereby acknowledged and confirmed: Provided.
however, That whenever after the passage Of
this act, any person or persons SHALL in the con-
struction OF any ditch or canal injure or damage
the possession of any settler on the public do
main. the party committing such injury or dam
age shall be liable to the party injured for such
! injury or damage.


| SEC. 10. And be it further enacted. That wher-
ever prior to the passage of this act, upon the
lands heretofore designated as mineral lands
which have been excluded from survey and sale
there have been homesteads made by citizens of
the United States, or persons who have declared
| their intention to become citizens, which home
steads have been made, improved and used for
agricultural purposes. and upon which there have
been no valuable min IS Of gold, silver, einnabar
or copper discovered, and which are properly
agricultural lands. the said settlers or owner of
such homesteads shall have a right of pre-. emp
ton thereto. and shall he entitled to purchase the
same at the price of 1925 per acre, and in guam
tily not to exceed l60 acres. or said parties NAV
avail themselves Of the provisions of the act of
Congress approved My 20, 1862, Untitled ''An
act to secure home>teads to actual ttcrs OH the
public domain and acts amendatory thereof.
| SEC. IL. And be it further enacted, That upon
the survey Of the lands aforesaid. the Secretary
oil the Interior may designate and set apart such
portions of the said lands rs are clearly agricul-
tural lands. which lands shall thereafter be sub.
ject to pre-emption and sale AS other pubic lands
OF the U nlied States. and subject to all the laws