The Albany register. [volume] (Albany, Or.) 1868-18??, 1872-07-26
rAssER AT THE SECOND SESSION or THE FOR
1S-src0SD CONGRESS.
lGESlnAL NArrRE-No es.l

EN'@~'s@Ah-tH N'-NAN ~fS''~'5
AN ACT to prUmote the development Of the
mining resources af the United States.
BE il eHatcd by he Senate and House
of Representatives. ef The United Sfdtes Of
Amcrtea in Ccngress assembird
That all valuable mlnerni deposits In lands
belonging to the United States, both surveyed
and unsurycyed, are hereby declared to be
free and open to exploration and purchase,
and the lands in which they are found to oc-
cupa ion and purchase, by citizens OF the Uni
tod States anil those who have declared their
intention to become sich, under regulations
prescribe by law, and according TO the local
customs or rules of miners, In the several
miningtiistricts, so FAR as the same are aplli-
cable anil moi Inconsistent with the laws of
the Unite.l States.
SEC. ,. That miningclaims upon veins or
lOdcs of quartz or other rock In place bearing
gold, silver, cinnabar, lead, tin, copper, or
other valuable deposits heretofore located,
shall be governed rs 10 length aloug the vein
or lOle BY the customs regulations, and laws
In force ut the date of their location. A min.
lng-claim located after the passage OF this
act, whether located By one or more persons
may equal. but shall not exceed, one teousaiM
five huaifcl feet IN length 4 ong the vein or
lode; but no location OF a mning.c'am shall
be made until the discovery of the vein or
lode within the limits OF the claim located.
No slain shall extend more than three hum
,lred loci on eacc side of the middle Of the
vein at the surface, nor shell any claim be
limited BY any mining regulation to less than
twenty-five feet on each side of the middle Of
the vein az the surface, except where adverse
rights existing at the larsage OF this act shall
render s,ch limitation necessary.
The end-nes Of each claim shall he mralc to
eaIh other.
SCI. g. That the locators of all mining loca.
iiOns heretofore made; Or which shall here
after be made, on any mineral vein, lode, or
ledge, situated on the public domain. their
heirs and assigns, where no adverse claim
exists ut the passage OF this act, so long as
they comply with tho laws of the United
States, and with State, territorial, and LEGAL
regulations not In conflict with sail laws of
the United States governing their possess0ry
title, shall have the exclusive right of posses.
sion and enjoyment of all the surface incu-
tled within The lines Of their locations, and of
all veins, loles, and ledgcs throughout their
entire depth, the top or apex Of which lies in
size OF such surtacc-ines extended downward
vertically, although such veins, 0des, or
ledges may 80 far depar, from a perpendicu-
lar III their course downward as TO extend
outside the vertical sile-lines Of said surface
locations: Provided, That their right of pos
session to such outside parts Ol said veins or
ledgcs shall he cOntinei to such portions
thereof as lie between vertical planes drawn
downward as aforesaid, through the en,llines
OF their locations, 50 continued In their tSWn
direction that such planes will intGrse:t lAluh
exterior parts Of said planes AMI l8gges:
And provided further, That nothing IN this
seSti0n shall authorize the locator or POSSESS
or Of vein or lode which extends in its
downward course beyond the vertical lines Of
his claim to enter upon the surface Of a claim
owned or possessed by another.
SEC. 4. That where tunnel is run for the
development Of q VEN or lode, or for the dis
coyery Of mines, the owners Of such tunnel
shall have the right of possession of all veins
or lOdcs within three thousand feet from the
ace OF suph tunnel on the line thereof, not
previously known to exist discovered in such
tunnel, to the same extent as if discovered
from the surface; and locations on the line of
sllIh tunnel OF veins or lOles not appearing on
the surface, made by other parties after the
commencement Of the tunnel, and while the
same Is being prosecuted with reasonable di!-
igencC, shall be invalid; but failure to prose-
cute the work on the tunnel for six months
shall be considered as an abandonment of the
right to all undiscovered veins on the line of
said tunnel
SEC. 5. That the miners of each mining
district may make rules and regulations not in
wOnilict with the laws Of the United States or
10th the laws Of the State or Territory IN
which the district Is situated, governing the
incatlol, manner Of recording, amount of
mork necessary TO hold possession Of min
ing claim, subject to tho following require
ments: The location must be distinctly
carkei on the ground so that Its boundaries
can be readily trace,i. All records OF mining
claims heratter 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 natural
06joct or permanent monument as will inden-
tily 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 he
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 a patent shall have been is
sued therefor; but where such claims are held
Uncommon such expenditure may be made upii
any one claim; and upon failure to comply
with these conditions, the claim or mine upon
which such failure occurred shall be open TO
relocation In the same manner as II no loca-
ton OF the same had ever been made: Pro
yided, That the original lOcatOrs their heirs,
assigns, or legal representatives, have not re-
Sumed work upon the claim after such failure
and before such location Upon the failure
OF any one Of several cO-OwnerS to contribute
his proportion of the expenditures required
by this act, the c0-owncrs who have per-
formed the labor or made the improvements
may, at the expiration of the year, give such
delinquent cO-0wner personal notice In writ
ing or notice by publication in the newspaper
published nearest the claim, for at least once
q week for ninety days, and ii at the expira-
tiOn Of ninety days, after such notice In writ
ing or by publication such delinquent should
fail or refuse TO contribute his 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. g. That patent for any land claimed
and located for valuable deposits may be OBJ
tanned In the following manner: Any person,
association. or corporation authorized to To-
cate a claim under this acl, having claimed
and located q piece Of land for such purposes,
who has, or have, complied with the terms Of
this act, may iile In tho proper land office an
application for a patent, under oath, showing
such compliance, 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 accurately
the boundaries OF the claim or claims, which
shall be distinctly marked by monuments on
Nhe ground, and shall post a copy o. such
plat, together with q notice OF stieh applca-
lion for a patent, In conspicuous place on
the land embraced In such plat previous to
the fling Of the application for patent, and
shall iile an AFFIDAVIT of at least two persons
that such notice has been duly posted as aibre-
said, and shall lle copy Of said notce in
such land Oflce, and ehall thercupon be en-
titled to patent for said land, In the manner
iollowing: The register Of the land ofilce,
upon the fling Of such application, plat, field
notes, notices, and aflldayits, shall publish a
notice that such application has been made,
fol. the period Of sixty days, In newspaper
to be by him designated as published nearest
TO said claim; and he shall also post sACh no
tice 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 Ille with the regis.
ter q certificate Of the United States surveyor
general that five hundred dollars' worth Of
labor has been expended or improvements
made upon the claim by himself OF grantors;
that the plat u correct, with such further de-
scriptiOn by such reference to natural objects