Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-10-12


of said surface locations ProUided, inaC
their right of possession to sucn outslue
parts of said veins or lodges snali pe e1n
fined to such portions Thereon as lie pc
tween vertical planes drawn doWnWaru as
aforesaid, through the emo INES ol eleil
locations, so continued in their own ulreCE
ton that such planes Will 1ntersecV SUCH
exterior parts of said veins OF leugee'
ind 11rO,fded further, That nothing IN
this section shall authorize the locator or
possessor of a vein or lode which extends
in its downward course beyond the yertl-
cal lines of his claim to enter upon the
surface of claim owned or possessed by
another. -.....-..
SEC. 4. That where a tunnel is run for
the development of vein or lode, or Tor
the discovery of mines, the owners of SUCH
tunnel shall have the right of possession
of all veins or lodes within three thousand
feet from the surface of such tunnel on
the line thereof, not previously known to
exist, discovered in such tunnel, to the
same extent as if discovered from the sur
face; and locations on the line of such
tunnel of veins or lodes not appearing on
the surface, made by other parties after
the commencement of the tunnel, ana
while the same is being prosecuted with
reasonable diligence, shall be invalid; but
failure to prosecute the work on the tunnel
for six months shall be considered as an
abandonment of the right to all I'M
discovered veins one the line of said tun-
mel.
SEC. 5. That the miners of each mining
district may make rules and regulations
not in conflict with the laws of the Uni
ted States, or with the laws of the state
or Territory in which the district is stu.
ated, governing the location, manner OF
recording, amount of work necessary 10
hold possession of a mining claim, SUB
ject to the following requirements Inc
location must be distinctly marked on the
ground so that its boundaries can be read
lily traced. All records of mining claims
hereafter made shall contain the name or
names of the locators the date of the loca-
ton, and such description of the claim
or claims located by reference to some nat
ural object or permanent monument as
will identify the claim. On each claim
located after the passage of this act, and
until a patent shall have been issued
therefor, not less than one hundred dol
lars 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 performed or improvements made
each year for each one hundred feet in
length along the vein until patent shall
have been issued therefor; but where such
claims are held in common such eXpendl-
ture may be made upon any one claim
and upon failure to comply with these
conditions, the claim or mine upon which
such failure occurred shall be open to re-
location in the same manner as if no loca-
ton of the same had ever been made:
Provided, That the original lOcators, their
heirs, assigns, or legal representatives,
have not resumed work upon the claim
ftor c,,oJ, fo;l,1ro oJ1d bafOrn CJIph location
Upon the failure of any one of several Co
owners to contribute his proportion of the
expenditures required by this act, the CO.
owners who have performed the labor or
made the improvements may, at the eX-
piration of the year, give such delinquent
co-owner personal notice in writing or DO
tice by publication in the newspaper pub
lished nearest the claim, for at least once
a week fer ninety days, and if at the eXpi-
ration of ninety days after such notice In
writing or by publication such delinquent
should fail or refuse to contribute his pro-
portion to comply with this act, his inter
est in the claim shall become the property
of his co-owners who have made the re-
quiIed expenditures.
SEC. g. That patent for any land
claimed and located for valuable deposits
may be obtained in the following manner:
Any person, association, or corporation
authorized to locate q claim under this act,
having claimed and located a piece of land
for such purposes, who has, or have, COM
piled with the terms of this act, may file
in the proper land office an application for
a patent, under oath, showing such COM
pliance, together with plat and field notes
of the claim or claims in common, made
by or under the direction of the United
States surveyor general, showing accurate
" the boundaries of the claim or claims,
which shall be distinctly marked by mon
uments on the ground, and shall post
copy of such plat, together with notice
of such application for a patent, in con-
spicuous place on the land embraced III
such plat previous to the filing of the ap-
plicatiGn for patent, and shall file an
affidavit of at least two persons that such
notice has been duly posted as aforesaid,
and shall file copy of said notice in such
land office, and Shall thereupon be enti-
tied to patent for said land, in the man
ner following: The register of the land
office, upon the filing of such application,
plat, field notes, notices, and affidavits,
shall publish notice that such applica-
ton has been made for the period Of sixty
days in a newspaper to be by him desig-
mated 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 sixty days
of publication, shall file with the register
a certificate of the United States surveyor
general that five hundred dollars worth
of labor has been expended or improve
nents made upon the claim by himself or
grantors; that the plat is correct, with
such further description by such reference
to natural objects or permanent monu-
ments as shall identify the claim, and fur
nish an accurate description, to be incor-
porated in the patent. At the expiration
of the sixty days of publication the claim
ant shall file his affidavit, showing that
the plat and notice have been posted in a
conspicuous place on the claim during
said period of publication. If no adverse
claim shall have been filed with the regis
ter and the receiver of the proper land
office at the expiration of the sixty DAYS
of publication, it shall be assumed that
the applicant is entitled to patent, upon
the payment to the proper officer of five
dollars per acre, and that no adverse claim
exists and thereafter no objection from