Year: 1866

SEC. |. De II enacted. / nat the mineral lands Of
the public domain both surveyed aud unsurvpyed
are hereby declared to be free and open to cxpora
ton and occupation by all citizens of the United
States, and those who have declared their inten-
ton to become citizens. subject to such renula-
tions rs 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 NAV
not be in conflict with the laws of the Z. States.


SEC. 2. And be it further enacted. That when
ever any person or association OF persons claim a
vein or lode OF quartz Or ether rock in place
bearing gold, 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 hay
ing expended in actual labor ard improvements
thereon an amount Of not less than 81 900 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 Of claimants to
file in the local land Office diagram Of The same
so extended latmally or otherwise as to conform
to the local laws, customs, and rules of miners.
and to enter such tract and receive a patent there
ior granting such mine. together with the RIGHT
to follow said vein Of. lode with its dips. angles
aud variations to any depth, although it may en-
ter the land adjoining. which land adjoining Shall
be sold subject to this condition,


SEC. 8. And be it further enacted That upon
the Ming o the diagram as provided in the sec
ond section of this Act and posting the Same in
n
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 hi Office for the period Of 80 days;and
after The expiration OF said period, if no adverse
clam shall have been filed, it shall he the duty
oil the Surveyor GeReral. upon application Of the
party, to survey the premises and make a plal
thereof. endorsed with bis approval DESIGNATING
the number and descgg tion Of the location the
value of the labor and improvements. and the
character OF the vein exposed; ana upon the pay
hleht 10 Ile proper officer OF 50 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 80 days. the register Of the
Land Office shall transmit to the General Land
Ohlce 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 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 a mine shall be unon
unsTveycd lands, it shall and may he lawful.
after the extension thereto Of 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 nav. in
extending the surveys, vary the same from rec.
tangnlar 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 dscovcrer OF the lode. with
the rght to follow such vein to any depth. with
all lis 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 rs q
further condition Of sale, in the absence Of ne
cess1ry legislation by Congress, the local Leeis
lature OF any State or Territory NAV providn
rules for working mines, involving easements
drainagcs ana other necessary means TO their
complete development. and those conditions shall
be fully expressed in 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 an
proval of the survey, as provided in the third
section of this Act. all proceedings shall be STAY
ed until a final settlement and adjudication in
the courts of competent jurisdiction of the RIGHTS
of possession to such claim, when patent NAV
issue as in other cases.


SEC 7. And be it further enacted. That tho
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 neces-