Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-24
MINING LAWS.
Laws of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
Darnain.

DOMAIN.
Below will be found an abstract OF the Mining
Laws OF the United States, as passed by Con-
gress and approved May ". 1872. These are the
last and hence the only mining laws Of general
interest and force. with the single exception of
portion of Sc, ton 5. in reference to the reloca-
ton of claims and mines located prior to the |
passage Of the general mining Jaw. The Act |
amending the section alluded to will also be |
found. following the general law modifying Sec
ton 5, so that claim located prior to May 10.
1874 is not subject to relocation until June 10,
1874.
AN ACT to promote tire development of the
Mining resources of the United States
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
the same are applicable and not inconsistent
with the laws of the United States.
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 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 min
ing claim shall be made until the discovery of
tba Lodi fha INIT nf al
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 linz
tied by any mining regulation to less than TWEEN
ty-hve feet on each side Of the middle of the vein
ut 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. 3. 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
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 the entire
| depth, the top or apex of which lies inside of
| ly, although such veins, lodes or lodges may so
| far depart from 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 such veins or lodges shall be confined to such
portions thereof as lie between vertical planes
drawn downward aforesaid, through the end
lines of their locations, 50 continued in their
own direction that such planes will intersect
such exterior parts of said veins or lodges And
l..I hat trAn tn IA
shall authorize the locator or possessor 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 vein or lode, or for the discov
cry OF mines, the owners of such tunnel shall
have the right of possession OF all veins or lodes
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 same
extent as if discovered from the surface; and
locations on the line Of such tunnel of veins Oh
lodes not appearing on the surface, made by
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 fol
six months shall be considered as an abandon
ment of the right to all undiscovered veins OF
the line of said tunnel.
Sec. g. That the miners of each mining dis
flict with the laws of the United States, or will
the laws of the State or Territory in which tn
district is situated, governing the location, man
ner Of recording, amount of work necessary I
hold possession OF mining claim, subject I
| the following requirements: Location must
distinctly marked on the ground SO that il
, boundaries can be readily traced. All records {
mining claims hereafter made shall contain I'll
name or names of the locators, date Of the loc'
ton. and such q description of the claim
. Lola aims nv rafl N nptt p
, object or permanent monument as will identii
the claim. On each claim located after the pa
: sage of this act, and until patent shall ha,
been issued therefor, no less than one hundre
, 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 sha
) be performed or improvements mac
each year for each one hundred fe
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 OPT
to relocation in the same manner as II no loo
ton OF the same had ever been made: Provide
That the original locators, their heir
assigns, or legal representatives, have not I
T.. su!ned work upon the claim after such failu
% and before such location. Upon the failure
any one of several co-owners to contribute /
L the co-owners who have performed the labor
made the improvements may at the expirati
OF the year. give such delinquent co owner pr
H., sonal notice in writing or notice by pubhcati
in the newspaper published nearest the claii
for ut least once week for ninety days, and il
N the expiration of ninety days after such notice
% writing or by publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act, his interest in the clai
e. shall become the property of his co-owners W
han do ha ron, sod ayr
SEC. g. That patent for any land claim
and located for valuable deposits may be c
tanned in the following manner: Any persc
association or corporation authorized to locat'
claim under this act, having claimed and locat
a piece of land for snch purposes, who has,
have, complied with the terms of this act, III
file in the proper land-offce an application TO
patent, under oath, showing such complian
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 CO
OF such plat, together with notice of su
application for patent, in conspit
~, GUS place on the land embraced in such plat p
w vious to the filing of the application for 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
u
ing: The register of the land-ofhce. upon
filing Of such application, plat, feld-notes,
tees and affdavits, shall publish notice Il
such application has been made, for the peri
of sixty days, in newspaper to be by him DIES
y mated as published nearest to said claim; and
- shall also post such notice in his office for
same period. The claim at the time of fiji
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 furt
description by such reference to natural objc
or permanent monuments as shall identify
claim, and furnish an accurate description, to
Incorporated in the patent. At the expiration
the sixty days of publication the claimant 81
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
at the expiration Of the sixty days Of publicat
80 it shall be assumed that the applicant is EMIT
to patent, upon the payment to the proper
ficer Of five dollars per acre, and that no advt
claim exists, and thereafter no objection fl