The Portland daily press., 1872-10-19

LA w =
OF THE
UNITED STATES

~ AN - - A241 ~ Il IA Il AAkJ
SECOND SESSION or THE FORTY SECOND
CONGRESS.
GENERAL NATURE-No. 62]
AN ACT to promote the development of the mining
resources OF the United States.
Be it enacted By the Senate and House Of Repre-
gress assembled, That all valuable mineral deposits
in lands belonging to the United States both survey
ed and unsurveyed, are hereby declared to be free
and open to exploration and purchase, and the lands
in which they found to occupation and purchase,
by citizens Of the United States and those who have
declared their intention to become such under repu-
atons prescribed by law and according to the local
customs rules of miners, in the several mining
districts so far as the same are applicable and not
inconsistent with the laws of the United States.
SEC. 2. That mining-claims upon veins or lodes of
quartz or other rock in place bearing gold silver
cinnabar, lead lin, "copper" or other valuable depos
its heretofore located shall be governed as length
along the vein or lode by the customs regulations
and laws in force at the date of their location A
mnng-clalm located after the passage of this act,
whether located by one or more persons may equal,
but shall not exceed, thousand five hundred feet
in length along the vein OF lode but location of
mining-caim shall be made until the discovery of
the vein or lode within the limits of the claim loca-
ed. No claim shall extend more than three hundred
feet on each side of the middle of the veiu at the
surface, nor shall any claim be limited by any min
Ing regulation to less than twenty-five feet on each
side of the middle of the vein the surface except
where adverse rights existing at the passage of this
act shall render such limitation necessary. The end
lines Of each claim shall be parallel to each other.
SEC. 8. That the locators of all mining locations
heretofore made, or which shall hereafter be made
on any mineral vein, lode ledge, situated on the
public domain, their heirs and assigns where no ad-
verse claim exists at the passage Of this act so long
as they comply with the laws of the United States
and with State territorial and local regulations not
in conflict with said laws of the United Seates gov
erning their possessory title shall have the exclusive
right OF possession and enjoyment OF all the surface
included within the lines of their locations and of all
veins, lodes, and ledges. throughout their entire
depth, the top or apex of which lies inside of such
surface-lines extended downward vertically although
such veins lodes or lodges may so far depart from
perpendicular in their course downward to extend
outside the vertical side-nes of said surface loca-
tions: Trorided That their right of possession to
such outside parts of said veins lodges shall be
confined to such portions thereof lie between YER
tical planes drawn downward as. aforesaid, through
the endnes Of their locations continued in their
own direction that such planes will intersect such
exterior parts OF said veins edges: 4nd prorided
further, That nothing in this section shall authorize
the locator or possessor of vein lode which ex-
tends In its downward course beyond the vertical
lines of his claim TO enter upon the surface of claim
owned or possessed by another.
SEC 4. That where a tunnel is rnn for the deyel-
opment of a vein or lode, for the discovery of
mines the owners eff such tunnel shall have the right
of possession of all veins lodes within three thou
sand feet from the face of such tunnel on the line
thereof not previously known to exist discovered in
such tunnel to the same extent il discovered from
the surface and locations the line of such tunnel
OF veins or odes not appearing on the surface, made
by other parties after the commencement of the tun-
nel, and while the same is being prosecuted with
reasonable diligence shall be invalid but failure 20
prosecute the work the tunnel for six months shall
be cesidered an sbandonment of the right to all
undiscovered veins on the line of said tunnel
SEC. s. That the miners of each mining district
the laws of the United States or with the laws of The
State or Territory in which the district situated
governing the location, of recording amount
of work necessary to hold possession of a mining
claim, subject to the following requirements: The
that its boundaries be readily traced All rec
ords Of mining claims hereafter made shall contain
the name or names of the locators, the date of the
location, and such a description of the claim or
claims located by reference to natural object or
permanent monument as will identify the claim
On each claim located after the passage of this act
and until patent shall have been issued therefor
not less than one hundred dollars worth of labor
shall be performed or improvements made during
each year. On all claims located prior to the passage
Of this act ten dollars worth of labor shall be per-
frmed OF improvements made each year for each
one hundred feet in length along the vein until a
patent shall have been issued therefor; but where
such claims are held in common such expenditure
may be made upon any one claim; and upon fail
ure to comply with these conditions, the claim or
mine upon which such failure occurred shall be open
to relocation In the as no location of
the same had ever been made: Provided, That the
original locators their heirs assigns legal repre-
sentatfves, have not resumed work upon the claim
after such failure and before such location Upon
the failure OF any one of several co-owners to cou
tribute his proportion of the expenditures required
by this act, the co-owners who have performed the
id MDor or made the Improvements may, at the exrra
sona notice in writing notice by pubca zion in The
newspaper published nearest the claim for at least
week for ninety days. and if at tile expiration
of ninety days after such notice in writing or by nub
ication such delinquent should Rfai refuse to con-
contributehs proportion to comply with this act his
interest in the claim shall become the property of his
co-owners who have made the required expenditures
SEC. 6. That patent for any land claimed and
located for valuable deposits may be obtained in the
following manner; Any person, association or cor
poration authorized to locate claim under this act
having claimed and located piece of land for such
purposes, who has, or have, complied with the terms
of this act, may file in the proper land-ofice an ap-
plicaton for patent, under oath, showing such com
pliance together with plat and field-notes of the
claim or claims in common, made by under the di-
recton of the United States surveyor-generaI show
ing accurately the boundaries of the claim OF claims
which shall be distinctly marked by monuments on
the ground, and shall post copy of such plat, to-
gether with notice Of such application for patent,
in conspicuous place on the land embraced in such
plat previous TO the filing of the application for pat
ent, and shall file an affidavit of at least two
persons that such notice has been duly posted as
such and-offce and shall thereupon be entitled to
patent for said land, in the manner following The
register Of the land-9fiice, upon the filing iof such
application, plat, feid-notes, notices, and afidayts
shall publish notice that such application has been
made for the period of sixty days newspaner to ba
by him designated as published nearest to said claim
and he shall also post such notice in his office for the
same period The claimant at the time of filing This
application, Or at any time thereafter within the six
ty days of publication, shall file with the register
certificate of the United States suryeyor-eenerai
that five hundred dollars worth of labor has been ex
pended or improvements made upon the claim by
such further description by such reference to natural
objects permanent Monuments as shall identify
the clam and furnish an accurate description to be
in the potent At the expiration six
ty days ofpubcation the claimant shall file his afda
w.t. showing that the plat and notice have been posted
in conspicuous place the claim during said peroJ
Of publication. If no adverse claim shall have iaen
filed with the register and the receiver of tho proper
dofice at the expiration of the sxty DAYS of pnb
lication it shall be assumed that the applicant il en-
titled to PATENT upon the payment to the proner Of
fcer of five dollars per acre, and that no adverse
claim exists and thereafter no objection from third
parties to the issuance of patent shall be heard ex
cept be shown that the applicant has failed to COM
SEC. Z. That where an adverse claim shall he f,,ed
during the Peied publication it shall be upon oath
of the person or persons making the same and shall
show the nature, boundaries and extent of such ad
tion of notice and making and filing of the affidavit
thereof, shall be stayed until the controversy shall
have been settled or decided by cort of competent
jurisdiction or the adverse cla4n waived. 1t shall
be the duty of the adverse claimant, within thirty
lays afte ring his claim, to commence proceedings
N a court of competent jurisdiction to determine
he question of tho right of possession ard prosecute
he same with reasonable diligence to final pment.
and failure so to do shall be waiver of his adverse
Lain. After such judgment shall have been render
3D. the party entitled to the possession of the claim
,r any portion thereof may without giving further
he register of the land-oiee, together with the c
iicate of the suryeyOrgeneral that the reon;s;to
mount of labor has been expended, or Improve !
nents made thereon and the desert alton required in
ther cases. and shall pay to the receiver five doJlar
for his claim together with the proper fa.
vhereupon the whole proceedings and tho insIsnen+
oil shall be certified by the Register to the Cemm;S
ioner of the General Land Office, and patent shall
ssue thereon for the claim, such portion thereof
$ the applicant shall appear, from the decision of tba
ourt to rightly possess If it shall appear from tc
decision of the court that several parties are enttIad
eparate portions of the claim each party
nay pay for his portion of the claim, with the pron
fees and file the certificate and description by The
general, whereupon the register shall eerti
7 the proceedings and judgment-roll TO the Commits
oner of the General Land Office as in the preccd
case and patents shall issue to the several parties
ccordug to their respective rights. Proof of citi-
enship under this act, or the acts of July twentv
xth, eighteen hundred and sixty-six and InIv
inth, eighteed hundred and seventy in the case of
individual may consist of his affidavit there
/ and in case of an association of persons unincor
orated, of the affidavit of their authorized agent
ade on his own knowledge upon information and
le laws of the United States by the filing of Ger
fed copy of their charter certificate of incornor
ion; and nothing herein contained shall be con-
rued to prevent the alienation of the title conveyed
patent for mining claim to any person what
er.
SEC 8. That the description of vein or lode claims
ION surveyed lands, shall designate the location of
e claim with reference to the lines of the public
rveys, but need not conform Herewith; but where
patent shall be issued aforesaid for claims upon
surveyed lands, the surveyor-general, in EXTEND
the surveys, shall adjust the same to the boun-
ries of such patented claim, according to the plat
description thereof, but in case to inter-
with or change the location of any such patented
i'm. Z
SEC o. That sections one two three four and six of
ont ittalg !