The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-07-15
IGRsERAL NATuRE-No. 62.l

GENERAL NATuRE-No. gu
AN ACT to promote the development of the
mining resources of the United States.
Be il enacted by the Senate and House Of Repre-
sentatfUes Of the United States Of america in Con
gyess assembled, That all valuable mineral de-
posits in lands belonging to the Uuted States,
both surveyed and uusurveyed, are hereby de.
clared to be free and open to exploration and
purchase and The lands in which they are found
to occupation and purchase, by citizens of the
United States and those who have declared their
intention TO become such, under regulations pre-
sctibed by law, and according to the local GUS
toms or 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,
Sac. 2. That mining claims upon veins or
lodes of quartz or other rock in place bearing
gold, silver, cinnabar, lead, tin, copper, or other
valuable deposits heretofore located, shall be
governed as to length along the vein or lode by
the customs, regulations and laws in force at the
date of their location. A mining-claim located
after the passage of this act, whether located by
one or more persons. may equal, but shall not
exceed. one thousand five hundred feet in length
along the vein or lode but no location OF a mi
ning-claim shall be made until the discovery OF
the vein OF lode within the limits of the claim
located. No claim shall extend more than throe
hundred feet on each side of the middle of the
veina at the surface, nor shall any claim be limit
ed by any mining regulation to less than twenty
five feet on each side of the middle of the vein
ST the surface, except where adverse rights exist
ing at the passage of this act shall render such
limitation necessary. The end-lines OF each
claim shalt be parallel TO each other.
SEC. 8 That the locators ofall mining locations
heretofore made, or which shall hereafter be
made, OH any mineral vein, lode, or ledge, sit
uated on the public domain, their heirs and as
signs, where no adverse claim exists at the pas
sage of this act, so long as they comply with the
laws of the United States, and with State, terri
Iorill, and local regulations not in conflict with
said laws of the United States governing their
possessory title, shall have the exclusive right of
possession and enjoyment of all the surface in
cluded within the lines of their locations, and of
all veins, lodes, and lodges, throughout their en-
tire depth, the top or apex of which lies inside of
such surface-lines extended downward vertical
ly, although such veins, lodes, or lodges may so
far depart from n perpendicular in their course
downward as to extend outside the vertical side
lines of said surface locations Provided, That
their right of possession to such outside parts
of said veins or hedges shall be confined to
such portions thereof as lie between verti-
cal planes drawn downward as aforesaid,
through the end-lInes of their locations, so con-
tinued in their own direction that such planes
will intersect such exterior parts of said veins or
lodges: and prooiaed further, That nothing in
this section shall authorize the locator or possess.
or of q vein or lode which extends in its downward
course hey ond the vertical lines of his claim to
enter upon the surface OF a claim owned or pos
seSsed by another. rs 81 t. III
SEGA. That where a tunnel is run for the de.
velopment OF a vein or lode. or for the discovery
of mines. the owners of such tunnel shall have
the right of possession of all veins or lsdes
within three thousand feet from the face of
such tunnel on the line thereof, not previously
known TO exist, discovered in such tunnel, to the
s1ltit ALChL bs II lIe u luCt 4,
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 tun-
mel, and 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 abandon
ment of the right to all undiscovered veins on
the line of said tunnel.
Sec. 5. That the miners Of each mining dis
trict may make rules and regulations not in con-
tlict with the laws of the United States, or with
the laws of the State or Territory in which the
district is situated, governing tho location, man
ner of recording, amount of work necessary to
hold possession of a mining-claim, subject to the
following requirements The location must be
distinctly marked on the ground so haiti bound
aries can be readily traced. All records of
mining-claims heretofore made shall contain the
name or names of the ~locaters, the date of the
location, and such q description of the claim or
claims located by reference to some natural Oh
jeet OF permanent monument as will identity
The claim. On each claim located after the pass
age of this act, and until a patent shall have
been issued therefor, not less than one hundred
dollars worth oflabor shall be performed or imp
made during each year. On all claims
iocatediprior to the passage of this act, ten dollars
worth OF labor shall be performed or improve
ments 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 q failure to
comply with these conditions, the claim or
mine upon which such failure occurred shall
be open to relocation in the same manner
40 II uo wi vi IL Shlit hau ever
been made: Provided, That the original
locators, their heirs, assigns, or legal rep
resentativss, have not resumed work upon the
claim after such failure and before such location.
Upon the the failure of,any one ofseveral &C -own-
ers to contribute his proportion of the expendi-
lures required by this act, the o-owner who
inexperienced the labor or made the improve
ments may, at the expiration of the year, give
such delinquent CO owner personal notice in writ
ing or notice by publication in the newspaper pub
lished nearest the claim, for at least once a We elk
for ninety days, and il at the expiration of nine
ty days after such notice in writing or by publ.
cation such delinquent should fail or refuse to
contribute his proportion to comply with this
act, his interest in the claim shall become the
ptopertyo of his co owners who have made the re-
CURED expenditures.
SEC. G. That n patent fer 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 un-
der lhls act, having claimed and located a
piece OF land for such purposes, who has, or have,
complied with the term of this act, may file in
the proper land office an application tor apatent,
under oath, showing such compliance, together
with a plat and field notes of the claim or claims
in common, made by or under the direction of
the United States surveyor general, showing ac-
curately the boundaries OF the claim or claims,
which shall be distinctly marked by monuments
on the gound, and shall post a copy of such plat,
together with a notice OF such application for a
patent, in a conspicuous place on the land en-.
braced in such plat previous TO the filing of the
application for a patent, and shall file an affidavit
OF at least tv 0 persons that such notice has been
duly posted as aforesaid, and shall file a copy of
said notice in such land office, and shall therenpon
be entitled to a patent for said land in the man
nor following: The Register of the land-ofice,
upon the filing of such application, plat, field
notes, notices and afiidavits, shall publish q no.
tice that such application has been made, for the
period of sixty days, in n ne wspaper to be 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 Mt the time
OF Ming this application, or at any time
thereafter, within the sixty days of
publications., shall file with the register a
certificate of the United States surveyor general
that five hundred dollars worth of labor has
been expended or improvements made upon the
correct, with such further description by such
reference to natural objects or permanent monu-
ments as shall identify the claim, and furnish nm
accurate descriptions, to be Incorporated in the
patent. AT the expiration of the SIXTY DAYS of
publication the claimant shall file his aiiida-
Wit, 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 register and the
receiver of the proper land-ofice at the expira-
ton OF sixty days of publication, it shall be as
summed thai the applicant is entitled TO u patent,
upon the payment to the proper officer of fiye
dollars per acre, and that no adverse claim ex-
ISIS and thereafter no objection from third par
lies to the issuance of a patent shall be heard
except it be shown that the applicant has failed
toAcomply with this act. tLt7 7.Hsaa#.
SEC. z. That where an adverse claim shall be
filed during the period of publication, it shall be
upon oath of the person or persons making the
same, and shall show the nature, boundaries,
and extent of such adverse claim, and all pro-
ceadings, except the publication OF notice and