Year: 1870

An Act of Congress entitled "An Act
| granting the right of way to ditch and


cannal owners over over the public lands,


and for other purposes :" which Act


provides tor the survey and purchase of


Mineral Lands; the preemption Of


Homesteads on agricultural lands in


mining districts, etc. \ proved July


9th. 1866. Also an Act to amend an


Act grant. g the right of way to ditch


and cannal owners over the public lands,


and for other purposes, which has pass


ed both houses of Congress.


SECTION l. Be it enacted, That the
mineral lands of the public domain both
surveyed and unsurveyed, arc hereby de-
clared to be free and open to exploration
and occupation by all tzens of the United
States, and those who have declared their
Intention to become citizens, subject to
such regulations as may be prescribed by
law, and subject also to the local custom or
rules of miners in the several mining dis
tricts, so far as the same may not be in
conflict with the laws of the United States.
Sec 2. And be it further enacted That,
whenever any person or association of per
sons claim vein or lode ofquartz or other
rock In place, bearing gold, silver, cinnabar
or copper, having previously occupied and
improved the same ace ording to the local
custom or rules of miners in the district
where the same is situated, and having
expended In actual labor and improvements
thereon an amount of not less than 81 ,0O9,
and IN re ard to whose possession there is
no controversy or opposing claim, it shall
and may be Lawful for such claimant or
association OF claimants to file in the local
land office diagram of the same, so ex-
tended latterally or otherwise as to conform
to the local avs, customs and rules Of
miners, and to enter such tract and receive
patent therefor, granting such time,
together with the right to follow such vein
or lode with its dips, angles and variations,
to any depth, although it may enter the
land adjoining, which land adjoining shall
be sod subject to this condition


Sec ). And be it further enacted, That
upon the filling Of tn diagram as pr, vided
IN the second section of this act. and post
Ing the same in conspicuous place on the
claim, together with notice OF intention
to apply for a patent, the Register of the
Land Office shall pulish 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
said period, if no adverse claim shall have
been filed, it shall be the duty of the Sur
veyor General, upon application cf the
party, to survey the premises and make a
plat thereof, endorsed with his approval,
designating 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
aud 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 issue for the same thereupon
but said plat, survey or description shall in
no case cover more than one vein, and
no patent shall issue Tor 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 unsurveyed lands, it may
be lawful, after the extension thereto OF the
public surveys, to adjust the surveys to the
limits of the premises according to the loca-
tion 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 Gus
toms of miners Provided, That no location
hereafter made shall exceed two hundred
feet in length along the vein for each
locator, with an additional claim for discov-
cry to the discoverer of the lode, with a
right to follow such vein to any depth,
with all its dips. variations and angles,
together with a reasonable quantity of
surfaC for the convenient 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 three thousand feet shall be
taken IN any one claim by any one associa-
ton of persons.


Sec. 5. And be it further enacted, That as
further condition Of sale, in the absence
OF necessary legislation by Congress, the
local Legislature of any State or Territory
may provide rules for working the mines,
involving as sements, drainage and other
necessary means to their complete develop
ment, and those conditions ST all be fully
expressed in tie patent.


Sec. q. And be it further enacted, That
whenever any adverse claimants to any