Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-05

Laws Of tbs United States. as passed by Con
srsss and approved May 10, ls72. These are tie
last, and hence the only mining laws Of general
interest and force. with tine single exception Of
portion Of section ;, in reference TO the reloca-
tion Of claims and mines located prior to the
passage of the general mining law. 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,
ls72 is not subject to relocation until June 10.
1874
An ACT to promote the development Of the
Mining resources of the United States
Be il 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,
beth surveyed and unsuryeysd, are hereby ae,
clEred TO be free and open to exploration ana
purchase, and the lands in wnleh thrF
are found 10 occupation and purchase
by citizens Of the United States and
those who have declared there intention TO De-
come such, under regulations prescribed by law,
and according to the local customs or rules Of
miners in the several mining districts, 50 far as
tbs same arc applicable and not Inconslsten.
with the laws ofthe United States.
SEC 9 That mining claims upon veins or
lsdes of quartz or other rock in place bearing
gold silver, cinnabar, lead. tin, copper, other
valuable deposits heretofore located, snail be .
governed 10 length along the vein or lode by .
the customs, regulations, and laws in fierce ST /
the da Of their location. mining claim located /
sitter 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 the discovery "
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
"a ring tHft
ty-fve 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 g. 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
posses1ory 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-linFs extended downward vertical
IL, although such veins, lOdes or Lodges may 20
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 as aforesaid, through the end
lines Of their locations, so continued in their
own direction that such planes will intersect
such exterior parts Of said veins or lodges And
provided further that nothing in this section
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 claim owned or possessed
by another
SEC l. 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 discOVereH from the surface. 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, 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.
1nent Of the right to all undiscovered veins on
the line Of said tunnel.
SEC s. That the miners of each mining dis
trlct may make rules and regulations not in con-
tict with the laws Of the United States. or with
the laws Of the State or Territory in which the
district is situated governing the location man
ner Of recording, amount Of work necessary to
hold possession of q mining claim, subject TO
the following requirements. Location must De
distinctly marked on the ground so that its
boundaries can be readily traced, All records Of
mining claims hereafter made shall contain the
name or names Of the locatOrs, date Of the loca-
ton. and such description Of the claim or
claims located by retereuenee 10 some natural
object or permanent monument as will identify
the claim. on each claim located after the pas
sage of this act, and until a patent shall have
been issued therefor, no less than one hundred
dollars worth of labor shall be performed or i'm
made durlUu each ON ALI
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; butwhere such claims
are held in common, such expenditure may be
made upon any one claim; and upon failure tc
comply with these conditions, the claim or mine
upon which such failure occurred shall be opeT
to relocation in the same manner as if no lOcs
ton Of the same had ever been made: Provided
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 o
any one of several cU-owners to contribute hi
portion of the expenditures required by this act
the co-owners who have performed the LABOR O
made the improvements may, at the expiration
of the year, give such delinquent co'owner per
sonal notice in writing or notice by publication
in the newspaper published nearest the claim
for at least once week for ninety days, and If a
the expiration OF ninety Gays lter stlCn HollCe
writing or by publication such delinquent should
fail or refuse to contribute his proportion Il
comply with this act, his interest in the CLAIM
shall become the property of his co-owners VIII
have made the required expenditures.
SEC. 6. That patent for any land claimet
and located for valuable deposits may be oh
tanned in the following manner Any person
association or corporation authorized TO locate
claim under this act, having claimed and located
piece of land for snch purposes, who has, o
bav tD1ie6 with the terms of this act.
file in the proper land-ottice an application for
patent, under oath, showing such compliance
together with plat and ield-notes of the CLAIM
or claims in common made by or under the di
rection of the United States Surveyor General
showing accurately the boundaries of the CLAIM
or claims which shall be distinctly marked b,
monuments on the ground, and shall post cop,
of such plat, together with notice of sucl
application for a patent in conspcu
Gus place on the land embraced in such plat pre-
vious to the filing of the application for pat
ent and shall file an affidavit Of at least tw
persons that such notice has been duly posted a
aforesaid and shall file copy of said notice il
such land-ofice. and shall thereupon be entitled
to n patent for said land, in the manner follow
ing; The register of the land-oftce, upon tn
filing of such application, plat held-notes, no
tioes and aftidavits, shall publish notice tina
such application has been made, for the periot
of sixty days, in . newspaper to be by him desig
mated as published nearest to said claim; and h
shall also post such notice in his office for tn
same period. Inc claim NJ lue time OF MIN
this application, or at any time thereafter, with
in the sixty days of publication, shall file wit
the register a certificate Of the United State
Surveyor General that five hundred dollar
worth of labor has been expended or improve
ments made upon the claim by himself or graz
tors; that the plat is correct with such turtle
description by such reference to natural object
or permanent monuments as shall identify tn
claim and furnish an accurate description, to /
incorporated in the patent. At the expiration {
the sixty days of publication the claimant sha
file his affidavit, showing that the plat and NJ
tce have been posted in aconspicuous place o
the claim during said period Of publication.
no adverse claim shall have been filed with til
register and the receiver of the proper land-ofic
at the expiration of the sixty days of publicatio
it shall be assumed that the applicant is entitle
to patent, upon the payment to the proper o
fiaer of five dollars per acre, and that advers
claim exists; and thereafter no objection froi
third parties to the issuance of patent shall /
heard except it be shown that the applicant ha
failed to comply with this act.
SEC 7. That where an adverse claim shall /
fled during the period of publication, it shall
upon oath of the person or persons making IL
same, and shall show the nature, boundarie
and extent Of such adverse claim, and all pr
ceedinss except the publication of notice an