Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-06
The PlocHE DAILY RECORD.
MINING LAW.
Laws Of Congress. Governing the Loca-
aion, Holding and Working of
Mining Claims Upon the Public
Domain.

Domain.
Below Will be found an abstract Of the Mining !
Laws of the United States, passed by Con
sress and approved May 10. 1872. These are the
last, and hence the only mining Laws OF general
interest and force, with the single exception Of =
portion Of section s. in reference to the relocs-
.ion Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded 10 will also Ii
found. following the general lsw modifying sec
ton 6, so that claim located prior to May 10,
1872. Is not subject TO relocation until June 70,
1874.
An ACT to promote the development q the
Mining resources OF the United States
Be il enacted by the senate and House Of r. p
r.sentatiyes Of the United States cl America N
Congress assembled, That all valuable mineral
deposits il lands belonging TO the United states,
both surveyed and unsurYeyed, are hereby de-
elered to be free and open to exploration and .
purchase, and the lands IN winch they I
are found to oecupstton and purchase
by citizens Of the United States and |
those VINO have declared there intention to be
come such under regulations prescribed by law
and according 10 the local customs or rules Of
miners, in the several mining districts, far a.
the same are Hppiicanle 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 tho vein or loae by
the customs, regulations, and laws in force at
the daie 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 tn Ousand five hundred feet in length
along the vein or lode; hut no location Of g min
ing claim shall be made until the discovery Of
the vein or lode within the limits OF the claim
located. Ne claim shall extend more than three
tn1 foot ON srb side Of the middle Of tho
vein at the surface nor shall any claim he linn
tied by any mining regulation to less than TWEEN
ty-fye 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 UI each
claim shall be parallel to each other.
SEC. 3. That tine locators Of all mining locs-
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, 20 long as they comply with the
laws Of the United States, and the state, Terri
torisl and local regulations not in conflict with
said laws OF the United States governing their
possesCory title shall have the exclusive right of
possession and enjoyment Of all the surface in
Guided within the lines of their locations and OF
all yeins lOdes and Lodges throughout the entire
depth, the top or apex Of which lies inside OF
such surface-lines extended downward vertical
w. although such veins, lodes or Lodges may so
lar 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 lie between vertical planes
drawn downward 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
.pf nlB I'm nod nF ms gEEg Il
by another.
SEC A. 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 odes
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 il discovered 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
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
tict with the laws of the United States or viii
the laws Of the state or Territory in which III,
district is situated governing the location, man
ner of recording, amount Of work necessary 4
hold possession Of Il mining claim, subject Il
the following requirements Location must b
distinctly marked on the ground so that it
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tn
name or names OF the locators, date Of the luca
ton, and such description OF the claim o
claims located by reierenence TO some nAtufa
object or permanent monument as Will identt,
the claim. On each claim located after the pas
sage Of this act, and until patent shall bav
been Issued therefor, no less than one hundre
dollars worth Of labor shall bepertormed or in
provements made during each year. On al
claims located prior TO the passage of thi
act ten dollars worth of labor shsl
be performed or improvements Ead
each year for each one hundred fee
in length along the vein until patent shal
have been issued therefor; butwhere such claim
are held In common, such expenditure may /
made upon any one claim; md upon failure
comply with these conditions the claim or min
upon which such failure occurred shall be ope
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 r
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several co-Owners TO contribute h
portion of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the eEpiratiC
Of the year. give such delinquent coowner pc
aonal notice in writing or notice by publicati'
in the newspaper published nearest the clatI
for at least once n week for ninety days, and If
tho expiration OF ninety uAYb inter huNu IpLlCt
writing orby publication such delinquent sbou
fail or refuse to contribute his proportion
comply with this act, his interest i'll the clai
shall become the property Of his co-owners W
have made the required expenditures.
SEC. 6. That patent for any land claim
and located for valuable deposits may he
tanned in the following manner: ANY persC
association or corporation authorized TO locat
claim under this act, having claimed and locat
piece OF land for snch purposes, who has,
have COMPLIED with the terms of this net, n
file in the proper lnnd-ofIice an application TO
patent, under oath, showing such complain
together with plat and feld-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 a notice of su
application for q patent, in conspi'
ous place on the land embraced in such plat p
vious to the filing Of the application for Il p
ant, and shall file affidavit of ut least t.
persons that such notice has been duly posted
aforesaid and shall file copy Of said notice
such land-office and shall taereupon be entitl
to patent for said land, in the manner folio
ing: The register Of the land-ofice, upon
fling of such application, plat field.notes,
tees and atidavits. shall publish a notice Il
such application has been made for the per
of sixty days, in q newspaper u De by him des
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period :" J. claim at the time of fl
this application o lat 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 or
tors; that the plat is correct, with such furtl
description by such reference to natural obje
or permanent monuments as shall identify
claim, and furnish accurate description, to
incorporated in the patent At the expiration
the sixty days of publication the claimant sh
ale his affidavit, showing that the plat and
ice 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
II shall be assumed that the applicant is EMIT
to patent, upon the payment to the proper
icer of five dollars per acre, and that no adve
claim exists; and thereafter no objection fir
third parties to the issuance Of patent shall
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC That where an adverse claim shall
fled during the period of publication, it shall
upon oath of the person or persons making
same, and shall show the nature, boundari
and extent of such adverse claim. and all p