Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-27
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Loea-
ton, Holding and Working Of
Mining Claims Upon the Public
Domain.

Domain.
Below will be found an abstract Of the Mining
avs OF the United States. as passed by Con-
ress and approved May 10. 1872. These are the
asst, and hence the only mining laws of general
interest and force. with the single exception of a
portion Of section 5, in reference to the reloea-
ion 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 8, 50 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
Be it enacted by the Senate and House of Rep |
resentstiyes of the United States OF America IN
Congress assembled, That all valuable mineral
deposits in lands belonging to the United states
both surveyed and unsuryeyed, are hereby de-
clared to be free and open to exploration and
nnrehase and the lands in which they
are found to occupation and purchase
by citizens Of the United states ana
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, SO Tar hs
the same are applicable and not inconsistent
with the laws of the United States.
SEC. 2. That mining claims upon VEINS ur
gold silver einnabar, lead, tin. copper, or other
Valuable deposits heretofore located, shall be
governed as to length along the vein or lode py
the customs, regulations, and laws IN force al
the daf 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 mill
ing claim shall be made until the 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 ut the surface, nor shall any claim be Inn
tied by any mining regulation to less than TWEEN
ty-ive feet each side of the middle OF the VEN
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. 3. That the locators OF all mining loca
lions 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 al the pas
sage of this act, so long as they comply Win INT
laws of the United States, and the state, Terri
torial and local regulations not in conflict witt
said laws of the United States governing thei
possessory title, shall have the exclusive rlght o
possession and enjoyment of all the surface III
Guided within the lines of their locations and o
all veins, lodes and hedges throughout the entlf
depth, the top or apex of which lies inside o
such surface-lines extended downward vertical
w. although such veins, lodes or Lodges may f.
downward as to extend outside the vertical sue
lines of said surface locations: Provided, tina
their right of possession to such outside part
of such veins or lodges shall be confined to sue
portions thereof as lie between vertical plane
drawn downward as Aforesaid through the en-
lines of their locations, so continued in thei
own direction that such planes Will intersec
such exterior parts of said veins or ledges; An
provided further that nothing in this sectlo
shall authorize the locator or possessor OF vel
or lode which extends in its downward cours
beyond the vertical lines of his claim to entt
upon the surface of claim owned or possesse
by another.
SEC A. That where II tunnel is run for til
development OF a vein or lode, or for the disco'
cry Of mines, the owners of such tunnel sha
have the right of possession of all veins or lode
within three thousand feet from the face of sue
tunnel on the line thereof, not previously know
to exist discovered in such tunnel to the san
extent as if discovered from the surface; an
locations on the line Of such tunnel OF VEINS 6
lodes not appearing on the surface made !
other parties after the commencement OF IL
tunnel and while the same is being prosecute
with reasonable diligence, shall be invalid; bl
failure to prosecute the work on the tunnel IL
six months shall be considered Us an abandon
nent of the right to ell undiscovered VEINS o
the line of said tunnel
SEC. i. That the miners of each mining dl
trict may make rules and regulations not III COZ
hct with the laws of the United States, or wit
the laws of the State or Territory i'll which II
ner of recording, amount of work necessary
hold possession of mining claim, sublect
the following requirements: Location must
distinctly marked on the ground SO that !
boundaries can be readily traced. All records
mining claims hereafter made shall contain II
name or names of the locato1s date of the Toe
ton. and such description of the claim
claims located by rGterenence to some natur
object permanent monument Ms Will identli
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 perio"'"'+. or il
provements made during go. year. On
claims located prio" 10 the passage of II
act. ten dollars worth of labor sh
be performed or improvements ma
each year for each one hundred i
IN length along the vein until patent sh
have been issued therefor; butwhere such clal
IRE held in common, such expenditure may
made upon any one claim; and upon failure
comply with these conditions, the claim or In
upon which such failure occurred shall be o.
to re- location in the same manner as II no IL
ton of the same had ever been made: Provid
That the original locators, their he
assigns or legal representatives, nave not
sumed work upon the claim after such fall
md before such location. Upon the failur
any one of several co-owners to contribute
portion of the expenditures required by this
the co-owners who have performed the labo
made the improvements may, at the expira
Of the year, give such delinquent co,owner
in the newspaper published nearest the cit
for at least once week for ninety days and
the expiration of ninety days after such motto
writing orhy publication such delinquent sh
fail or refuse to contribute his properties
comply with this act, his interest in the c
shall become the property of his co-owners
have made the required expenditures.
SEC. 6. That patent for any land clai
and located for valuable deposits may b
tanned in the following manner: Any pei
association or corporation authorized to loo
claim under this act, having claimed and loo
a piece of land for such purposes, who Ia
have. complied with the terms of this act,
file in the proper land-ofhce an application
patent, under OATH showing such complii
together with plat and field notes of the C
or claims in common, made by or under til
rection of the United States Surveyor Gen
showing accurately the boundaries of the c
or claims which shall be distinctly marke
monuments on the ground, and shall post
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 a
ent and shall file an affidavit of at least
persons that such notice has been duly post
aforesaid and shall file copy of said mott
such land-offce, and shall taereupon be ent
TO a patent for said land, in the manner fol
ing: The register Of the land-othce, upon
filing of such application plat, held-notes
tees and afiidavits, shall publish a notice
such application has been made, for the p
u
mated as published nearest to said claim; al
shall also post such notice in his office 70
same period. The claim at the time of
this application, or at any time thereafter,
in the sixty days of publication, shall file
the register a certificate Of the United S
Surveyor General that five hundred dc
worth of labor has been expended or imp
lnents 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
claim. and furnish an accurate description,
incorporated in the patent. AT the expiratit
the sixty days Of publication the claimant
Ale his affidavit, showing that the plat an,
tice 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
ut the expiration of the sixty days of public
it shall be assumed that the applicant is ent
to o patent, upon the payment to the prop
hcer Of Ave dollars per acre, and that no ad
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. 7. That where adverse claim sha
filed during the period of publication, it sha
upon oath of the person or persons maxim
same, and shall show the nature, bounds
and extent of such adverse claim and all
ceedings, except the publication of notice
making and filing of the affidavit thereof,
be stayed until the controversy shall have
settled or decided by court Of competent