Mr. FESSENDEN. Oh, no let it be read. The Secretar read the words proposed to be inserted by the ComPubLands in lieu of the original bill, after the enacting clause, as follows: That the mineral lands of the public domain both surveyed and unsurvcyed hare hereby declaredto be free and open to c xploration and occupationby all citizens ol the U.S and those who have declared their intention to become citizens subject to such regulations as may be prescribedby law and subject also to the local custom or rules of minersin the several mining districts. so far as tho same may not be in conflict with the laws of the U.S. SEC. 2. Abife: That whenever any person or association of personsclaim a vein or lode of quartz or other rock “1.11180b6e. aring gold. silver. ciniiabar or copper. having previously occupied iind improved the some according to the local custom or rules of miners in the district where the same is situated and having expended in actual labor and improvementsthereonan amountof not less than 51.000 and in regard to whose possession there is no controversy or opposing claim. it shall and may be lawful for said claimant or association of claimantsto file in the local land officea diagram of the same.so extended laterally or otherwiseas to conform to the local laws. customs and rules of miners and to enter such tract and receivea patent therefor.granting such mine r together with the right to follow such vein or lodu With its dips. angles and variations. to any do th. although it may enterthe land adjoining. which land adjoining shall be sold subjectto this condition. Sac. 3. Abife: That upon the filing of the diagram as provided in the 2nd section of this act and posting the same in a conspicu ous place on the claim together With a notice of intention to apply for a patent.the register of the land officc shall publish a noticeof the same in a newspaperpublishednearest to the location of said claim and shall also‘ post such notice in his officc for the periodof 90 iiys; and after the expiration of said period if no verseclaim shall have been filed. it shall be the duty of the surveyor general. upon a plieation of the party. to survey the promisesan makea plat thereof. indorsed with his approval. designating the number and description of the location the value of the labor and imrove ments and the character of the vein expose; and uponthe payment to the proper officer of 5dollars peracre.togetherWith the costof such survey. plat and notice and giyini satisfuctory evidence that said diagram and notice have been postedon the claim during said period of 90 days.the register of the land offico s iall transmit to the GLO said plat, survey, and description; and a patentshall issuefor th csamethereupon. But said plat survey. 01' description shall in no casecover more than one vein or lode and no intent shall issuc for morethan one vein or lode. which shall be expressedin the patent issued. SEC. 4. Abife: That when such location andentryof amine shallbe upon unsurvcyed lands. it shall and may be lawful. alter the extension theretoof the public surveys to adjust the surveys to the limits of the promisesaccording to the location and possession and plat aforesaid and the surveyor general may, in extendingthesurvr ys.vary the same from a rectangular form to suit the circumstances of the country and the local rules. laws, and customs of miners: Provided. That no location hereafteriiiiido shall exceed 200 feet in length along the vein for each looator.with an additional claim for discoveryto the discoverer of the lode, with theright to follow such vein to any depth. with all its di 5. variations and angles, together with a reasonable quantity of surface for the convenient working of the same as tiXed by local rules: And provided fiirlher. That no person may make more than one location on the same lode and not more than 3000 feet shall be taken in anyone claim by any mociation of persons. SEC. 5. Abife: That as a further condition ofsulc. in the absence of necessary 10islation by Conirresst.he local Legislature of any State or Territory may prayide rules for working mines. Easements drainage and other necessary means to their complete development; and those conditions shall be fully expressedin the patent. SECJ}.Abife: that whenever any adverse claimants to any mine located and claimed as aforesaid shall appear beforeth approval of the survey as provided the3rd sectionof this act.all proceedings shall be tayed until a final settlement and adjudication in the courts of competent jurisdiction of theright of possession to such claim. when a patent may issue as in other cases. SEC. 7. Abife: That the POTUS be and is hereby authorized to establishadditional land districts and to nppoint the necessary officers under existing laws. wherever he may deem the same necessaryfor the public convenience in executing the provisions 0 this act. SEC.8. Abife: That the right of way for the construction of highways over public land.not reserved for public uses.is herebygranted. Sizc. 9. Abife: That whenever by priority of possession, rights to the useof water for mining. agricultural. manufacturin or other purposes have vestedand accrued and the same are recognized and acknowledged by the local customs. laws and the decisionsof courts the possessors and owners of such vested rights shall be maintained and protectedin the same; and the right of way for the constructipnpf ditches and canals for the purposes at‘oresnidis hereby acknowledged and confirmed: Prucided. however.That whenever after the pastureof this act. any person or persons shall in the construction of any ditch or canal. inJure or damagethe possesswnof any settler on the public doninin tho party committing such injury or damage shall hehub is to the party imuredfor such injury or damage. prSioizre.10.Abife: That wherever. to the passage of thisact. upon the lands heretofore designated as mineral lands. which have been excluded from survey a ndsale, there have been homesteads made by citizens of the U.S or personswho have declared their intention to become citizens. which homesteads have been made. improved, and used for agricultural purposes and upon which there have been no valuable minesof gold. silver. cinnabar or can or discovered and which are properly agricultur lands. the said set tle rs or owners of such homesteads shallhave a.right of preefmption thereto and shall be entitled to ur chase the same at the price of $1 25per acre.an in quantity not to excce 160 acres: orsnid parties mny avail themselvesof the provisions of the act of Congress approved May 20.1862. entitled "An act to secure homesteads to actual settlers on the public domain, ” and acts amendatory thereof. SEO.11.Abife: That upon the survey of the larids aforesaid.the SecyInterior may designateand set apart such portions of the said ands as are clearly agricultural lands. which lands shall hereafter be subject to preemption and Saleas other gubhc lands of the U.S and subjectto all t claws and regulationsapplicable to the same.