Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-23
MINING LAWS.
Laws Of Congress Governing the Local
ton, Holding and Working of
nan.uf1.

Below will be found TN abstract OF the Mining |
Laws Of the United States, as passed by Con-
gross and approved May 10. 1872. These are the
last. and hence the only mining laws o: general
interest and rec, with tine single exception of
portion of section 5, in reference to the reloca-
tion of claims and mines located prior to the
passage Of the general mining Jaw. The Act
amending the section alluded 10 will also be
found, following the general law modifying Sec
ton 5, SO that claim located prior to May 10,
1872, is not subject TO relocation until June 10,
1874.
AN ACT to promote the development OF the
Mining resources of the United States fI /. 4
BE it enacted by the Senate and House of Rep
resentatives Of the United States of America in
Congress assembled That all valuable mineral
deposits in lands belonging to the United States,
both surveyed and unsurveyed, 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 there intention to be-
come SUCH under regulations Prescribed by law,
and according to the local customs 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.
SEC. 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 dale 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 min
ing claim shall be made until tine discovery of
the vein or lode within the limits of the claim
located. No claim shall extend more than three
hundred feet on each side of the middle of the
vein at the surface, nor shall any claim be lin
tied by any mining regulation to less than TWEEN.
ty-iive feet each side of the middle of the vein
at 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 shall be parallel to each other.
SEC. 8. That the locAtors Of all mining loca.
tions heretofore made, or which shall hereafter
be made, on 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 the State, Terri
torial and local regulations not in conflict with
| said laws of the United States governing their
possesGory 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 the entire
depth, the top or apex of which lies inside OF
/ such surface-lines extended downward vertical
| ly, although such veins, lodes or lodges may SC
| far depart from perpendicular in their course
| downward as to extend outside the vertical side
lines Of said surface locations: Provided, thai
| their right of possession to such outside parts
Of such veins or lodges shall be confined to suct
| portions thereof as lie between vertical plane.
drawn downward as aforesaid, through the enc
| lines of their locations, SO continued in theil
own direction that such planes will intersec
such exterior parts of said veins or lodges: Anc
| provided further that nothing in this section
| hal authnri1 the locator of A weir
or lode which extends in its downward cours'
beyond the vertical lines Of his claim to ente
upon the surface of a claim owned or possessed
by another. a..
SEC. 4. That where tunnel is run for tn,
development OF n vein or lode, or for the discov
| cry Of miDes, the owners Of such tunnel shall
have the right of possession Of all veins or lode
within three thousand feet from the face of sucl
| tunnel on the line thereof, not previously known
| to exist, discovered in such tunnel to the SAM
extent as if discovered from the surface; ans
| locations on the line of such tunnel of veins o.
lodes not appearing on the surface, made b.
other parties after the commencement of tn
| tunnel, and while the same is being prosecuted
| with reasonable diligence, shall be invalid; bu
| failure to prosecute the work on the tunnel TO
| six months shall be considered as an abandon
ment of the right to all undiscovered veins Of
| the line of said tunnel.
| SEC 8. That the miners of each mining dis
trict may make rules and regulations not in con
the laws OF the State or Territory in which tn
district is situated, governing the location, mar
ner of recording, amount of work necessary t
| hold possession OF u mining claim subject I
| the following requirements: Location must
distinctly marked on the ground 30 that Il
boundaries can be readily traced. All records
mining claims hereafter made shall contain Il
name or names of the locators, date OF the loo
ton, and such description of the claim
claims located by referenence to some natur
| obiact n nprmauept monument will ilpnfii
the claim. On each claim located after the pa
sage of this act, and until patent shall hay
been issued therefor, no less than one hundrt
dollars worth of labor shall be performed or in
provements made during each year On a
claims located prior to the passage of tn
act, ten dollars worth of labor shs
be performed or improvements mac
each year for each one hundred te
in length along the vein until patent sha
have been issued therefor; but where such claim
are held in common, such expenditure may
made upon any one claim; and upon failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be op,
to relocation in the same manner as If no loo
ton of the same had ever been made: Provide
- That the original locators, their he'll
assigns, or legal representatives, have not l
sumed work upon the claim after such failu
and before such location. Upon the failure
any one of several co-owners to contribute |
/, portion of the expenditures required by this a
made the improvements may, at the expirati
- OF the year, give such delinquent co.owner p,
sonal notice in writing or notice by publicati
in the newspaper published nearest the clai
for ut least once week for ninety days, and If
the expiration of ninety days after such notice
writing or by publication such delinquent shou
d, fail or refuse to contribute his proportion
j comply with this act, his interest in the ella
shall become the property Of his co-owners W
have made the required expenditures
Goo a. hat for LAM q a i'm
and located for valuable deposits may be
tanned in the following manner: Any perst
+. association, or corporation authorized to locat
. claim under this act, having claimed and locat
a piece of land for such purposes, who has,
have, complied with the terms of this act, III
file in the proper land-ofice an application TO
patent, under oath, showing such complain
together with plat and field-notes of the ella
or claims in common, made by or under the
rection of the United States Surveyor Gener
showing accurately the boundaries of the ella
or claims, which shall be distinctly marked
monuments on the ground. and shall post a co
of such plat, together with notice OF su
application for patent, i'll conspit
Gus place on the land embraced in such plat p
vious to the filing of the application for Il p
ent, and shall file an affidavit Of at least T.
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land office. and shall thereupon be entitl
"a to patent for said land, in the manner folio
| ing. Inc register u tuc Auuu-ouuoc, upon :
filing of such application, plat, iield-notes, ]
tees and affidavits, shall publish a notice Il
such application has been made. for the peri
of sixty days, in newspaper to be by him DIES
mated as published nearest to said claim; and
shall also post such notice in his office for
same period. The claim ut the time of fill
this application, or at any time thereafter, wi
in the sixty days of publication, shall file W
the register certificate Of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
ments made upon the claim by himself or gr
tors; that the plat is correct, with such furtl
description by such reference to natural obje
or permanent monuments rs shall identify
claim, and furnish an accurate description, to
Incorporated in the patent. At the expiration
the sixty days of publication tho claimant 81
b5 file his affidavit, showing that the plat and
tice have been posted in conspicuous place
the claim during said period of publication.
no adverse claim shall have been filed with
register and the receiver of the proper land-of
ut the expiration of the sixty days of publicat
it shall be assumed that the applicant is EMIT
to a patent, upon the payment to the proper
fcer of five dollars per acre, and that no adve
claim exists; and thereafter no objection fir
third parties to the issuance of patent shall