Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-06
The PIOcRE DAILY RECORD.
MINING LAW.
Laws of Congress Governing the i.oca-
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

Below will be found an abstract of the Mining !
Laws Of the United States, as passed by Con-
tress and approved May 10. 1872. These are the
asst. and hence the only mining laws of general
interest and force, with tine single exception OF a
norton 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 viii also be
found, following the general law modifying sec
ton g. so that a 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 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
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 as
the same are applicable and not inconsistent
with the laws of the United states.
SEC 2. That mining claims upon veins or
Iodes of quartz or other rock in place bearing
gold silver cinnabsr. lead, tin, copper, or other
valuable deposits heretofore located, shall be
governed to length along the vein or lode by
the customs. regulations, and laws in force at
the da e 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 onsand 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
. .. rfa npr
tied by any mining regulation to less than TWEEN
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. 3. 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
tCrial and local regulations not IN CONNECT Win
said laws of the United States governing their
possessory title shall have the exclusive right OF
possession and enjoyment OF all the surface in.
cluded within the lines OF their locations ana OF
all veins lodes, and lodges throughout the entire
DEPTH the top or apex of which lies inside OF
such surfaee-lines extended downward vertical
w. although such veins lodes or lodges may so
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: Ana
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 a claim owned or possessed
by another.
SEC. 4 That where a tunnel is run for the
development OF a vein or lode, or for the discov
cry Of mines, the owners OF such tunnel snail
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 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 Tor
SIX months shall be considered as an abandon
ment of the right to all undiscovered veins on
the line of said tunnel.
SEC g. That the miners OF each mining dis
trict may make rules and regulations not in con.
fiict with the laws of the United States or with
the laws of the State or Territory in which tho
district is situated, governing the location, man
ner Of recording, amount OF work necessary Il
hold possession of mining claim, subject .
the following requirements: Location must d
distinctly marked on the ground SO that 1t
boundaries can be readily traced. All records o
mining claims hereafter made shall contain til
name or names of the lOcatOrs, date of the loca
ton, and such description of the claim o
claims located by referenence to some natura
object or permanent monument as VIII identf
the claim. on each claim located after the pas
sage of this act, and until patent shall hav
been issued therefor, no less than one hundre
dollars worth of labor shall be performed or i'm
provements made during each year. On al
claims located prior to the passage OF TN
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 sha
have been issued therefor; but where such claim
are held in common, such expenditure may
made upon any one claim; and upon a failure
comply with these conditions, the claim or mil
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
portion of the expenditures required by this az
the co-owners who have performed the labor
made the improvements may, at the expirati'
of the year. give such delinquent co owner pc
sonal notice in writing or notice by publicati
in the newspaper published nearest the clail
for at least once week for ninety days, and If
the expiration of ninety days after such notice
writing or by puDncatlOn Sucn uellIl utnt sHOu
fail or refuse to contribute his proportion
comply with this act, his interest in the cla
shall become the property Of his co-owners W
have made the required expenditures.
SEC. 6. That u patent for any land claim
and located for valuable deposits may be
tanned i'll the following manner: Any pers
association, or corporation authorized to locat
claim under this act, having claimed and loca
piece of land for snch purposes, who has
have, complied with the terms Of this act. II
tie in the proper lapd-ofice an application &c
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 Genel
showing accurately the boundaries Of the ella
orclaims, which shall be distinctly marked
monuments on the ground, and shall post &C
of such plat, together with notice OF 81
application for patent, in conspi
GUS place on the land embraced in such plat =
vious to the filing of the application for 7
ent, and shall file an affidavit OF at least !
persons that such notice has been duly posted
aforesaid and shall file copy of said notice
such land-ofiice. and shall taereupon be EMIT
to patent for said land, in the manner follt
ing; The register of the land -othce, upon
filing of such application, plat, feld-notes,
tices and affidavits, shall publish q notice
such application has been made, for the per
Of sixty days, in a newspaper De by him de
mated rs published nearest to said claim; and
shall also post such notice in his office for
same period "ii claim at the time of FL
this application oIat any time thereafter. W
in the sixty days Of publication, shall file v
the register certificate of the United ST.
Surveyor General that five hundred dol
worth of labor has been expended or imprt
ments made upon the claim by himself or q
tors; that the plat is correct, with such furt
description by such reference to natural obj
or permanent monuments as shall identify
claim, and furnish an accurate description, tt
Incorporated in the patent. At the expiration
the sixty days of publication the claimant 81
ale his affidavit showing that the plat and
ice have been posted in conspicuous plac,
the claim during said period Of publication.
no adverse claim shall have been filed with
register and the receiver Of the proper land-o
ut the expiration Of the sixty days of publica
it shall be assumed that the applicant is emit
to patent, upon the payment to the propel
ncer Of five dollars per acre, and that no adv
claim exists: and thereafter no objection I
third parties to the issuance of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SEC, T. That where adverse claim shal
filed during the period of publication. 1t shall
upon oath of the person or persons making
same, and shall show the nature, boundaI
and extent of such adverse claim, and all
ceedings, except the publication OF notice
making and filing of the affidavit thereof, 81
be STAYED until the controversy shall have