Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-05
THE PI0CHE DAILY RECORD.
MINING LAW.
Laws of Congress Governing the Local
ton. Holding and Working of
Mining Claims Upon the Public
nonaain.

Below will be found an abstract of the Mining
Laws of the United States, as passed by Con-
,ress and approved May 10, ls72. These are the
asst, and hence the only mining laws of general
interest and force, with the 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 slluded to Will also be
found, following the general law modifying sec
ton s, so 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
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 unsuryeyed, 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- I
come such, under regulations prescribed by law. |
and according to the local customs or rules OF
miners, in the several mining districts 50 far a.
the same are applicable and not inconsistent
with the laws of the United States.
SEC. ?. 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 the vein or lode by
the customs, regulations, and laws in force AT
the tla 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 Ousand five hundred feet in length
along the vein or lode: but no location Of min
ing claim shall I've 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 linz
tied by any mining regulation to less than tWen-
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 OF 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
uLted 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
possessory 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 winch 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 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 as aforesaid, through the end
lines of their locations, so continued in their
own direction that such planes Will lntersect
such exterior parts of said vcsins or ledges: 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
uDOn the surface a claim owned or possessed
by another.
SEC l. That where tunnel is run for the
development Of a 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 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, snail be inVaiidi nut
failure to prosecute the work on the tunnel for
six months shall be considered as an abandon
ment OF the right to ali 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-
tlict 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 mining claim, subject u
the following requirements: Location must IN
distinctly marked on the ground SO that 1T
boundaries can be readily traced All records o.
mining claims hereafter made snail contain the
name or names of tine locators, date of the loca
ton, and such description of the claim OF
claims located by referenence to some nattira
object or permanent monument as Will identif,
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 hundred
dollars worth Of labor shall be performed or i'm
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 shal
have been issued therefor; but where such claim
are held III common, such expenditure may b
made upon any one claim; and 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 loci
ton of the some had ever been made: Provided
That the original locators, their heir
assigns, legal representatives. have not n
sumed work upon the claim after such failui
and before such location. Upon the failure {
any one Of several co-owners to contribute b
portion of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the expirato
of the year, give such delinquent co. owner pc
sonal notice in writing or notice by publicatic
in the newspaper published nearest the CLAIM
for at least once week for ninety days, and ii
the expiration of ninety days after such notice
writing orby publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act his interest in the clai
shall become the property of his co-owners wi
have made the required expenditures.
SEC. q, That patent for any land claim
and located for valuable deposits may be c
tanned in the following manner: Any persC
association, or corporation authorized to locat,
claim under this act, having claimed and locat
q piece of land for such purposes, who has,
have, complied with the terms of this act, IN
file in the proper land-ofiice an application TO
patent, under oath, showing such complain
together with al plat and fieid-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 patent, in conspic
GUS place on the land embraced in such plat pl
vious to the filing of the application for p
ent, and shall file an affidavit of at least t.
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-of and shall thereupon be enttl
to patent for said land, in the manner folio
ing The register Of the land-office, upon
filing of such application, plat. heldnotes,
tees and affdavits, shall publish a notice Il
such application has been made, for the peri
Of sixty days, in newspaper : De by him dies
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period. :" d ,claim at the time of fill
this application, oIat any time thereafter, wi
in the sixty days of publication, shall file W
the register a certificate of the United Sta
Surveyor General That Ave hundred doll
worth of labor has been expended or impro
ments made upon the claim by himself or gr
tors; that the plat is correct, with such furtl
description by such reference to natural obje
or permanent monuments us shall identify
claim, and furnish an 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
it shall be assumed that the applicant is EMIT
to a patent, upon the payment to the proper
ncer OF five dollars per acre, and that no ndye
claim exists; and thereafter no objection fr
third parties to the issuance of a patent shall
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC. 2. That where an adverse claim shall
filed during the period of publication, it shall
upon oath of the person or persons making
same, and shall show the nature, boundar
and extent of such adverse claim, and all r
ceedings except the publication Of notice q
making and fling of the affidavit thereof. st
be stayed until the controversy shall have b