Year: 1867

SEC. |. Be it enacted That the mineral lands OF
the public domain, bo b surveyed and unsurveyed,
arc hereby declared to be free and open to cxplora-
ton and occupation by all citizens Of the United
States, and those who have declared their nten-
ton TO become citizens, subject to such repula.
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 rs the same may
not be in conflict with the laws Of the U. States.


SEC. 2. And be it further enacted, That when
ever any person or association OF persons claim
vein or lode Of quartz or other rock in place,
bearing gold, silver, ciEnabar, or copper, having
previously occupied and improved the same ac-
corling to the local custom or rules Of miners in
the district where the same is situated, and hay
ing expended in actual labor and improvements
thereon an amount of not less than 5 900 and in
regard to whose possession there is no cOnrover-
sy or opposing 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 latcrally OF 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 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 us provided in the sec
ond section OF this Act. and posting the same in
a conspicuous place on the claim together with
notice OF intention to apply for patent, the reg
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 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 q pa,
| thereof endorsed with his approval. designating
| H.
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 80 days, the register If the
Land Office shall transmit to the General Land
Office said plat survey, and description, and u
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 he expressed in the patent issued.


SEC. 4. And be it further enacted, That when
| such location and entry of Il mine shall be upon
unsurvcyed lands, ii shall and may be lawful.
after the extension thereto of the public surveys,
to adjust the surveys to the limits of the prem
| ses 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
a reasonable quantity OF surface for 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 a
further condition of sale, in the absence of ne
cessary legislation by Congress, the local Legis-
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 it further enacted That when
ever any adverse claimants to any mine located and
claimed as aforesaid, shall appear before the ap-
proval of the survey. as provided in 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 a patent may
issue as in other cases.


SEC. 7. And be it further enacted. That the
President Of the United States be, and is hereby
authorized TO establish additional land districts
aud TO appoint the necessary officers under exist
| ng laws, wherever he may deem the same nece 8.