252 THIRTY—NINTH CONGRESS. Sess. I. Ch. 262. 1866. same, and ming 1ars,.and in regard to whose possession there is no controversy or opposgggggyggggggt ing claim, it shall and may be lawful for said claimant or association of and receive 8, claimants to file in the local land office a diagram of the same, so extended P°*°¤* *h*=f°*`°¤‘· laterally or otherwise as to conform to the local laws, customs, and rules Patent to of miners, and to enter such tract and receive a patent therefor, granting gram WML Such mine, 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 sold subject to this condition. After tiling di- Sec. 3. And be it further enacted, That upon the filing of the diagram “8‘j“'¤ °l` *"“°* as provided in the second section of this act, and posting the same in a °i.?,g2:g{,,w;l?g conspicuous place on the claim, together with a notice of intention to aphc had beloro ply for a patent, the register of the land officc shall publish a notice of the P*‘§“’Y l““°*‘ same in a newspaper published nearest to the location of said claim, and otico to be . . . . . published. 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 surveyor-general, upon application of the Survey of plat party, to survey the premises and make a plat thereof, indorsed with his °f P"°mi°°s· approval, designating the number and description of the location, the value of the labor and improvements, and the character of the vein ex- Pozpinem; or posed; and upon the payment to the proper officer of five dollars per 6"° °u*“'5 P°*` acre, together with the cost of such survey, plat, and notice, and giving ggféfxgcgi satisfactory evidence that said diagram and notice have been posted on l 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; Survey, plat, and a patent shall issue for the same thereupon. But said plat, survey, ii; ':’8;’;":; agi? or description shall in no case cover more than one vein or lode, and no namgd hi PWM, patcilnt shall issue for more than one vein or lode, which shall be expressed in the atent issued. Proceedings Snoi)4. And be it further enacted, That when such location and entry g;‘§’;t;l5°€;Qf;°0f of a mine shall he upon unsurveyed lands, it shall and may be lawful, afmgms um upon ter the extension thereto of the public surveys, to adjust the surveys to ¤¤¤¤FV¤.Y°d the limits of the premises according to the location and possession and buds` plat aforesaid, and the surveyor-general may, in extending the surveys, vary the same from a rectangular form to suit the circumstances of the Location not country and the local rules, laws, and customs of miners: Provided, That zgeitiggd fgfn no location hereafter made shall exceed two hundred feet in length along with additionai the vein for each locator, with an additional claim for discovery to the claim for qiscov- discoveror of the lode, with the right to follow such vein to any depth,
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- § t° with all its dips, variations, and angles, together with a reasonable quantmy deptn,&o. tity of surface for the convenient working of the same as fixed by local
Limit to nuni~ rules: Andprovided further, That no person may make more than one bi?*}:;£ig§;°“° location on the same lode, and not more than three thousand feet shall be °taken in any one claim by any association of persons. Furtheroondi- SEO. 5. And be it further enacted, That as a inrther condition of sale
- 02 °f $**1% **3** in the absence of necessary legislation by Congress, the local legislature
is p3B2E5F8s6e 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. Whc,-0 ,,4. Sec. 6. And be it further enacted, That whenever any adverse claim- WYSG <>l¤im9·¤¤ ants to any mine located and claimed as aforesaid shall appear before the f,§g’s°:f,;Q’;`(‘f‘;j‘g] approval of the survey, as provided in the third section of this act, all right is settled. proceedings shall be stayed until a final settlement and adjudication in the pamuithen e, courts of competent jurisdiction of the rights of possession to such claim, i¤¤¤¤· when a patent may issue as in other cases. ` president may Sec. 7. And be it further enacted, That the President of the United ¢§¤¤bli¤h mei- States be, and is hereby, authorized to establish additional land distriotS mggl 1g5g:' wld to appoint the necessary officers under existing laws, wherever he purpcises of this may deem the same necessary for the public convenience in executing the W- provisions of this act. See Pont, p. 470.
