Year: 1866

NEW MINING LAW.


That the mineral lands of the public


domain, both surveyed and unsurveyed


are hereby declared to be free and open


to exploration and occupation by all cit


izens of the United States, and those


who have declared their intentions to


become citizens, subject to such regula-


tions as may be prescribed by law, and


subject also to the local custom of rules


to miners in the several mining districts,


so far as the same may not be in conflict


with the laws of the United States.


Sec. 2. And be 1t further enacted,


That whenever any person or association


of persons claim vein or lode of quartz
or other rock in place, bearing gold, sill


yer, cinnabar, or copper, having previous


ly occupied and improved the same ac-
cording to the local custom or rules of
mining in the district where the same is
situated and having expended in actual
labor and thereon an amount of not less
than 81 900 and in regard to whose pos
session there is no controversy or oppos-
ing claim, it shall and may be lawful for
said claimant or association of claimants


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


Sec. 3. Ind be t further enacted.
That upon the filing of the diagram as
provided in the second section of this
act, and posting the same in conspicu-
Gus place on the claim, together with
notice of intention to apply for patent,
the register of the land office shall pub
lish 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 ninety days
and after the expiration of such period,
if no adverse claim shall have been filed,
it shall be the duty of the surveyor gen
eral upon application of the party, to
survey the premises and make plat
thereof, indorsed with his approval, des-
ignating the number and description of
the location, the value of the labor and
improvements, and the character of the
vein exposed and upon the payment to
the proper officer of five dollars per acre
together with the cost of such survey,
plat, and notice, and giving satisfactory
evidence that said diagram and 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 patent shall be is
sued 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 ex-
pressed in the patent issued.


Sec. 4. And be 1t further enacted,
That when such location and entry of
mine shall be upon unsurveyed lands,
1t shall and may be lawful after the ex-
tension thereto of the public surveys, to
adjust the surveys to the limits of the
premises according to the location and
possession and plat aforesaid, and the
surveyor general may, in extending the
surveys, vary the same from rectangu-
lar form to suit the circumstances of the
country, and the local rules, laws and
customs of miners ProUided, That no
location hereafter made, shall exceed two
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 a reasonable guam
tity of surface for the convenient work
ing of the same as fixed by local rules
And prouided further, That no person
may make more than one location on
the same lode, and not more than three
thousand feet shall be taken in any one
claim by any association of persons.


Sec. 5. 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 existing laws,
wherever he may deem the same neces-
sary for the public convenience in exc
cutting the provisions OF this act. r.


Sec. 6. And be 1t further enacted,
That when adverse claimants to any
mine located and claimed as aforesaid,
shall appear before the approval of the
survey, as provided in the third section
Of this act, all proceeding shall be stayed
until final settlement and adjudication
in the courts OF competent jurisdiction
Of the rights of possession to such claim,
when a patent may issue as in other cases.


Sec. z. And be 1t further enacted,
That wherever prior to the passage of
this act, upon the lands heretofore desig-
mated as mineral lands which have been
excluded from survey and sale, there