Year: 1866

Sec l. Be it enacted, That the mineral lands of
the public domain, both surveyed and unsurv eyed
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 regula
tions as may be prescribed by law, and subject
also to the local customs or rules of miners a the
several mining districts, so far as the same NAV
not be in conflict with tie laws of the U. States.


SEC. 2. And be it further enacted That when
ever any person or association OF persons cluira
vein or lode of quartz Or other rCck in place.
bearing gold, silver, cinnabar, or copper, having
previously occupied and improved the same ac
cording to the local custom rules of miners in
the district where the same is situated and hay
ing expended in actual labor and improve mems
thereon an amount Of not less than $1,000 and in
regard to whose possession there is no con trover-
sy or opposing claim, it shall and may be lawful
for said claimant or association OF caima MS 10
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 enter 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 en-.
ter the land adjoining which land adjoinnr o 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
conspicuous place on the claim together with a
notice of intention to apply for a patent. the REQ.
ister OF the Land Office shall publish 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 and make pla
thereof. endorsed with bis approval, desi gnating
the number and descsip tioG of the ocat on. the
value OF the labor ana Improvements. and the
character OF the vein exposed and upon the pay
ment 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 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 a mine shall be upon
unslrveyed 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.
ises according to the location and possession and
plat aforesaid, and the Surveyor General may, in
extending the surveys, vary the same from a rec
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 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 for the conven
lent working OF the same as fixed by local rules
and provided further thai no person NAV 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 n
further condition of sale in the absence of me-
cessary 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. 6. And be ii further enacted. Tba wben
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 q final settlement and adjudication IN |
the courts Of competent jurisdiction of the rights
of possession to such claim, when pa NAV
issue rs in other cases.


SEC. Z. 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.
ing laws wherever he may deem the anne neces-