Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-22
The PIlcHE DAILY RECORD.
MINING LAW.
Law. Of Congress Governing the Lcsa-
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

Domain.
Below will b found al abstract Of the Mining
Laws of the United States. - passed by Con
gress and approved May 10, ls72. These are the
last and hence the only mining laws Of general
interest and force, with tine single exception Of
portion Of section 5. in reference to the reloca-
ton Of claims and mines located prior to the |
passage Of the general mining law. The Act |
amending the section alluded 10 will also be |
found, following the general law modifying sec |
lion S, 80 that claim located prior TO Nay 10,
ls72 is not subject to relocation until June 10,
1874.
AN ACT TO promote the development o. the
Mining resources of the United States
BE it enacted by the Senate and House OF Rep
resentatiyes Of the United States Of America IN
Congress assembled, That all yalnable mineral
deposits in lands belonging to the Ilted states,
both SURVEYED and unsaryeyed, are hereby de-
clsred to be free and open TO exploration and
purchase, and the lands in which they
are found to occupation and purchase
by citizens VI 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 50 far as
the same are applicable and not lneonsIHttnt
with the laws Of the United States.
SIC. 2 That mining claims upon veins OF
lodes Of quartz or other rock in place bcarins
gold silver. tll4l4A 4fntlr I'm A4llAs "a
valuable deposits heretofore located, shall be
governed as to length along the vein or lode by
the customs regulations, and Laws in force Of
the da' e 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 th ousand five hundred feet in length
along the vein or Lode but no location Of a MN
ing claim shall De- made until the discovery OF
the vein or lode within :he limits Of the claim
located No claim shall extend more than three
hundred feet on each side Of the middle Of tie
vein at the surface nor shall any claim b. nm
tied by any mining regulation 10 less than t"eh-
tyfvG feet on each side Of the middle Of the vein
at the surface except where adverse rights exist
ing st the passage Of this act shall render such
limitation necessary. The end-lines q each
claim shall be parallel to each other.
SIC g. That the loeat0rs Of all mining loca-
tious Heretofore made, or which shall hereafter
be made on any mineral VEN, lode, or ledge sit
uAtcd on the public domain, their heirs and as
signs, where no adverse claim exists al the pas
sage Of this act. long a. they comply with the
laws Of the United States, and the state, Terri
t0riGl and local regulations lot in conflict with
said laws Of the United States governing their
pOssessory title shall have the exclusive night OF
possession and enjoyment Of all the surface in
Guided vithin 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-lincs 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 that
their right Of possession to such outside paft'
Of such veins or lodges shall he confined to such
portions thereof ~ lie between vertical plane,
drawn downward as aforesaid, through the end
lines Of their locations, 50 continued in theii
own direction that such planes Will interstc'
such exterior parts Of said veins or lodges: And
provided further, that nothing in this section
shall authorize the locator or pOssessur OF a vein
or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
upon the surface OF u claim owned or possessed
by another.
SIC. l. That where a tunnel is run for the
DEVELOPMENT Of q vein or lode, or for the discoy
cry Of mines, the owners OF such tunnel shal
have the right OF posses gOn Of all veins or lodc
within three thousand feet from the face Of suct
tunnel on the line thereof, not previously know
to exist discovered in such tunnel, TO the SAINT
extent as ii discovered from the surface; ar'
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 il being prosecute
with reasonable diligence, shall be invalid; bu
failure to prosecute the work on the tunnel 70
six months shall be considered as an abandon
nent Of the right to all undiscovered veins o1
the line Of said tunnel.
SEC I That the miners Of each mining dis
trict may make rules and regulations not in col
hict with the laws OF the United States, or wit
the laws Of the State or Territory in which u
district IL situated, governing the location, maj
ner of recording amount Of work necessary
hold possession Of mining claim, subject
the following requirements: Location must
distinctly marked on the ground 50 that /
boundaries can be readily traced All records
mining claims hereafter made shall contain u
name or names Of the locators date Of the loo
ton and such description Of the claim
claims located by rcferenence to some natur
object or permanent monument as will ident
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 hundr
dollars worth of labor shall be performed or IL
tuale iuriuu each On
claims located prior TO the passage Of IL
act, ten dollars worth Of labor sh'
he performed or improvements ma
earh year for each one hundred it
In length along the vein until patent Shit
have been issued therefor; butwhere such clan
are held in common, such expenditure may
made upon any one claim; and upon failure
comply with these conditions, the claim or mi
upon which such failure occurred shall be op
10 relocation in the same manner rs II no lo
ton of the same had ever been made Provid'
That the original locators, their hel
assigns, or legal representatives, have not
sumed work upon the claim after such fail'
and before such location. Upon the failure
any one OF several co-owners to contribute
portion of the expenditures required by THIS .
the co-oWners who have performed the labor
made the improvements may at the cxptrat
Of the year, give such delinquent coowner ]
sonal notice in writing or notice By publicat
In the newspaper published nearest the ella
for at least once week for ninety days, and i
the expiration of ninety days after such notice
writing or by publication such delinquent sho
fail or refuse to contribute his proportion
comply with this act, his interest in the eli
shall become the property of his co-owners '
hive made the required expenditures.
SEC. 6. That patent for any land claii
and located for valuable deposits may be
tanned in the following manner: Any per
association or corporation authorized to loca
claim under this act, having claimed and Loci
piece of land for such purposes, who hai
have, complied with the terms Of this act,
,f1is..a 1faut fDD
patent under oath, showing such complia
together with plat and held.notes OF the CT
or claims in common, made by or under thu
rection OF the United States Surveyor Gen,
showing accurately the boundaries of the 81
or claims which shall be distinctly market
monuments on the ground. and shall post c
of such plat, together with notice of :
application for patent, in consl
Gus place on the land embraced in such plat
yious to the filing of the application for
emit and shall file an affidavit of at least
persons that such notice has been duly poste
aforesaid and shall file copy OF said motto
such land office, and shall thereupon be emit
to n patent for said land, in the manner fol
ing: The register of the land-ofiice, upon
hling of such application, plat, held-notes
tees and aflidavits, shall publish notice
such application has been made, for the pc
of sixty days. in a newspaper De by him d
mated as published nearest to said claim; an
shall also post such notice in his office TO
same period. " claim at the time of
this application. oIat any time thereafter, ,
in the sixty days Of publication, shall file
the register certificate of the United S
surveyor General that FIVE hundred do
worth of labor has been expended or imp
ments made upon the claim by himself or {
tors; that the plat is correct, with such fun
description by such reference to natural OBJ
or permanent monuments as shall identify
.laim and furnish an accurate description,
Incorporated in the patent, At the expiratiC
the sixty days OF publication the claimant
Ale his affidavit, showing that the plat AM
nee have been posted in conspicuous pla
the claim during said period Of publication
no adverse claim shall have been filed with
register and the receiver of the proper land-
at the expiration of the sixty days of public
il shall be assumed that the applicant is eni
to a patent, upon the payment to the prop
ncer Of FIVE dollars per acre, and that no al
claim exists; and thereafter no objection
third parties TO the issuance of patent sha
heard, except it be shown that the applican
failed to comply with this act.
SEC Z, That where an adverse claim sha
filed during the period of publication, it shd
upon oath Of the person or persons maxim
same, and shall show the nature, boundi
and extent of such adverse claim, and all
ceedings, except the publication of notice
making and filing of the affidavit thereof,