Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-31


Below will be found an abstract OF the Mining
Laws of the United States, as passed by Con-
gress and approved May 10, 1872. These are the
last. and hence the only mining laws of general
interest and force. with the single exception ola
portion of section 8, 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 to will also be
found. following the general law modifying sec
ton S. so that claim located prior to May 10.
1871, 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
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 a.
the same are applicable and not inconsistent
with the laws of the United States.
SEC. 9 That mining claims upon Veins or
lodes of quartz or other rock in place bearing
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 th oussnd five hundred feet in length
along the vein or lode; but no location of min
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 at the surface, nor shall any claim be Inn
tied by any mining regulation to less than twen-
tyive feet on 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 CT each
claim shall be parallel to each other
SEC. 8. 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 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
possesGory 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-lines extended downward vertical
ly, although such veins, lodes or lodges may so
far depart from perpendicular in their course
downward SIS 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 SIS 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
upon the surface OF claim owned or possessed
by another.
SEC l. That where a tunnel is run for the
development OF a vein or lode, or for the dscov-
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
10 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 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 rs an abandon
ment of the right to all undiscovered veins on
the line of said tunnel.
SEC. s. 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 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 &c
hold possession of a mining claim, subject e
the following requirements: Location must h
distinctly marked on the ground that III
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 a description of the claim oil
claims located by referenence to 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
- 1.t.1 hall
provements made during each year. On al
claims located prior to the passage of thi,
act, ten dollars worth of labor shal
be performed or improvements mad,
each year for each one hundred fee
in length along the vein until patent shall
have been issued therefor; but where such claim
are held in common, such expenditure may b
made upon any one claim; and upon failure /,
comply with these conditions, the claim min
upon which such failure occurred shall be opel
TO relocation in the same manner as If no loca
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 failur
and before such location. Upon the failure o
any one of several co-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 pei
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 days after such notice i
writing or By publication such delinquent shoul
fail or refuse to contribute his proportion (
comply with this act, his interest in the clair
shall become the property of his co-owners VIII
have made the required expenditures,
SEC. 6. That patent for any land elaine
and located for valuable deposits may be oil
tanned in the following manner Any persol
association. or corporation authorized to locate
claim under this act, having claimed and locate
piece of land for such purposes, who has
have, complied with the terms Of this act, IN,
Ale in the proper land-office an application for
patent, under OATH showing such complianc
igether with plat and field-notes of the clai
o claims in common, made by or under the d
r ,ction &C the United States Surveyor Genera
showing accurately the boundaries Of the clai
OF claims, which shall be distinctly marked |
monuments on the ground, and shall post a COZ
OF such plat, together with q notice of sue
application for patent, in conspic'
GUS place on the land embraced in such plat pr
vious to the filing of the application for pa
ent, and shall file an affidavit OF at least tv
persons that such notice has been duly posted
aforesaid, and shall file a copy of said notice
such land office, and shall thereupon be enttlt
TO patent for said land in the manner folloy
ing: The register of the land-ofiice, upon Il
filing of such application plat, feld-notes, n
tees and affidavits, shall publish q notice tn
such application has been made, for the peri,
of sixty days, in a newspaper De by him desi
mated as published nearest to said claim; and
shall also post such notice in his office for Il
same period. " ,claim at the time of fiji
this application, rat any time thereafter, wit
in the sixty days of publication, shall file wi
the register certificate of the United Stat
Surveyor General that five hundred dolla
worth of labor has been expended or improy
ments made upon the claim by himself or gra
tors; that the plat is correct, with such furth
description by such reference to natural objec
or permanent monuments as shall identify Il
claim, and furnish accurate description, to
Incorporated in the patent. At the expiration
the sixty days of publication the claimant sha
ale his affidavit, showing that the plat and n
S.ce have been posted in conspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with II
register and the receivero of the proper land-offi
at the expiration Of the sixty days Of publicatic
1t shall be assumed that the applicant is entitl,
20 patent, upon the payment to the proper c
ficer Of five dollars per acre, and that no adver
claim exists: and thereafter no objection fro
third parties to the issuance Of patent shall
heard, except it be shown that the applicant h
failed to comply with this act.
SEC. z. That where an adverse claim shall
filed during the period of publication, 1t shall
npon oath of the person or persons making Il
same, and shall show the nature, boundarie
and extent Of such adverse claim, and all pr
ceedings, except the publication Of notice ar
making and filing of the AFFIDAVIT thereof, sha
al. III