1. Any person legally occupying and settled upon, or who may hereafter occupy or settle upon, any of the public lands in this State, for the purpose of cultivating or grazing the same, may commence and maintain an action for interference with or injuries done to his or her possession of such land, against any person or persons so interfering with or injuring such land or possession. 2. If the lands so occupied and possessed contain mines of any of the precious metals, the possession or claim of the person or persons occupying the same for grazing or agricultural purposes shall not preclude the working of such mines by any person or persons desiring so to do, as fully and unreservedly as they might or could do had no possession or claim been made for grazing or agricultural purposes.
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