Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-23
THE pI0CHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loea-
ton, Holding and Working of
Mining Claims Upon the Public
Dnmaiu.

hiuiu& si"Aahs P'o's s'
Domain.
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 tine single exception of a
portion of section 5, in reference to the reloea-
ton of claims and mines located prior to the
passage of the general mining law. The Act
amending the section alluded to will also he
found. following the general law modifying sec
ton 5, 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
resentatiyes Of the United States of America in
Congress assembled, That all valuable mineral
denosits 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
nv 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 9 That mining claims upon veins or
iodes 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 az
the dat of their location. mining claim located
after the passage of this act, whether located by
one or more persons, may equal, but snail not
exceed one tn ousand 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
~ .la fT hall than
hundred feet on each side of the middle OF the
vein at the surface, nor shall any claim be I'm
tied by any mining regulation TO less than tWen-
ty-iye 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-
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
toriGl 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 which lies inside OF
such surf&ce-lines extended downward vertical
", although such veins, lodes or lodges may SC
lar depart from perpendicular IN tDtlr SOuTsS
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 thetl
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 veiI
or lode which extends in its downward courst
beyond the vertical lines of his claim to entel
upon the surface of a claim owned or possessed
by another.
SEC. 4. That where tunnel is run for thu
development OF vein OF lode, or for the discoy
cry Of mines, the owners of such tunnel shall
have the right of possession of all veins or lode
within three thousand feet from the face OF suci
tunnel on the line thereof, not previously know
to exist discovered in such tunnel, to the sam
extent as if discovered from the surface; am
locations on the line of such tunnel of veins o
lodes not appearing on the surface, made b
other parties after the commencement of tn
tunnel and while the same is being prosecute
with reasonable diligence, shall be invalid; bu
failure to prosecute the work on the tunnel 70
six months shall be considered as an abandon
ment of the right to all undiscovered veins O
the line Of said tunnel.
SEC. 8. That the miners of each mining dis
trict may make rules and regulations not i'll col
fiict with the laws of the United States, or wit
the laws of the State or Territory in which Il
district is situated governing the location, mai
ner of recording, amount of work necessary
hold possession of a mining claim, subject
the following requirements! Location must
distinctly marked on the ground so that i
boundaries can he readily traced. All records
mining claims hereafter made shall contain Il
name or names of the locators, date of the loo
tion, and such description of the claim
claims located by referenence to some natur
object or permanent monument will identii
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 hundrt
dollars worth of labor shall be performed or il
provements made during each year. On a
claims located prior to the passage of tn
act, ten dollars worth of labor sha
be performed or improvements ma
each year for each one hundred fe
in length along the vein until patent sha
have been issued therefor; but where such clair
are held in common, such expenditure may
made upon any one claim; and upon failure
comply with these conditions, the claim or mi
upon which such failure occurred shall be OPP
to relocation i'll the same manner as If no loo
ton of the same had ever been made: Provide
That the original locators, their hei
assigns or legal representatives, have not
sumed work upon the claim after such failr
and before such location. Upon the failure
any one of several co-owners to contribute
portion of the expenditures required by this a
the co-owners who have performed the labor
made the improvements may, at the expirati
OF the year, give such delinquent co.owner p
sonal notice in writing or notice by publicat
in the newspaper published nearest the clai
for at least once week for ninety days, and il
the expiration of ninety days after such notice
writing OF by publication such delinquent shoI
fail or refuse to contribute his proportion
comply with this act, his interest in the ella
shall become the property of his co-owners v
have made the required expenditures.
SEC. 6. That patent for any land clair
and located for valuable deposits may be
tanned in the following manner: Any pers
association. or corporation authorized to loca
a1aI,,, nd bfs hau Nh rla iYnah nd
a piece of land for such purposes, who has
have, complied with the terms of this act,
file in the proper land-office an application
patent, under OATH showing such complia
together with plat and field-notes of the cl
or claims in common, made by or under the
rection of the United States Surveyor Gene
showing accurately the boundaries of the cl
or claims, which shall be distinctly market
monuments on the ground, and shall post c
OF such plat, together with q notice of s
application for a patent, in consp
Gus place on the land embraced in such plat
vious to the filing of the application for
ent and shall file an affidavit of at least
persons that such notice has been duly poste
aforesaid, and shall file copy of said motto
such land-otiice, and shall thereupon be emit
to patent for said land, in the manner foil
ing: The register of the land-office, upon
filing of such application, plat, feld-notes
tices and affdavits, shall publish notice
such application has been made for the pc
of sixty days, in a newspaper { De by him d
Dhted as puDlsntu ntaftst W saiu Claiiil,
shall also post such notice in his office fo
same period. 'clalm at the time OF
this application, lat any time thereafter, '
in the sixty days of publication, shall file
the register certificate of the United s.
Surveyor General that five hundred do
worth of labor has been expended or imp
ments made upon the claim by himself or 6
tors; that the plat is correct, with such fur
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 expiratio
the sixty days of publication the claimant
sle his affidavit, showing that the plat ant
tace have been posted in conspicuous plat
the claim during said period of publication
no adverse claim shall have been filed with
register and the receiver of the proper land-t
at the expiration of the sixty days of public,
it shall be assumed that the applicant is ent
to patent, upon the payment to the propt
fcer Of Ave dollars per acre, and that no adv
claim exists; and thereafter no objection
third parties to the issuance of q patent sha
heard, except it be shown that the applicant
failed to comply with this act.
SEC. Z. That where an adverse claim sha
filed during the period Of publication, it sha
upon oath of the person or persons making
same, and shall show the nature, bounda
and extent of such adverse claim and all
ceedings, except the publication of notice