Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-15
THE PIOCRE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain,

Domain.
Below will be found al abstract of The Mining
Laws of the United States. as passed by Con-
sress and approved May 10. Is72. These are the
last, aud 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 alluded 10 will also be
found. following the general law modifying sec
ton 5, so that claim located prior to May 10,
ls72, is not snbJec; to relocation until June 10,
1874.
An ACT 10 promote the development 81 the
Mining resources O: the United States
BE IL enacted by the Senate and House Of Rep
rssentatives 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 ana
purchase and the lands in which they
are found 10 occupation and purchase
hv citizens of the United states and
those who have declared there intention No De
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 as spplicable and not inconsistent
with the laws Of the United States.
SIC. = That mining claims upon veins or
lodes cf quartz or other rock in place bearing
gold silver, einnahar, lead, tin copper, or other
Valuable deposits heretofore located, shall be
governed IS to length along the vein or lode by
the customs, regulations, and laws in force AZ
the la' of their location. mining claim located
after the passage Of this act, whether located by
one or more persons, may equal, put khAll not
exceed ono housand Ave 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 st the surface, nor shall any claim be lin.
tied by any mining regulation TO less than twen-
ty-fye feet each side Of the middle OF the VEN
ST the surface except whore adverse rights exist
ing at the passage Of this act shall render such
limitation necessary. Tie end-lines Of eacl
claim shall b. parallel 10 each other.
SEC. 3. That the locators Of all mining lota
tons heretofore made, or which shall hereafter
be made. on any mineral vein, lode, or ledge, SIT
usted on the public domain, their heirs and as
sicns, where no adverse claim exists a. the pas
sage Of this act, so long as they comply with Tbs
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 right
possession and enjoyment OF all the surface IN
eluded within the lines OF their locations ana o
all veins, lodes, and lodges throughout the entir
deuth the top or apex Of which lies inside o
such surface-lincs extended downward vertical
ly, although such veins, lodes or lodges may =
far depart from perpendicular in their conrs
4
lines of said surface locations: Provided, tina
their right of possession to such outside part
Of such veins or lodges shall be confined to suci
portions thereof as lie between vertical plane
drawn downward as aforesaid, through the enc
lines of their locations, so continued in then
own direction that such planes will intersecl
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 III its downward course
beyond the vertical lines of his claim to enter
upon the surface OF claim owned or possessed
by another.
development Of a vein or lode, or for the discoy,
cry Of mines, the owners of such tunnel shall
have the right of possession Of all veins or lodet
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 Oh
lodes not appearing on the surface, made by
other parties after the commencement Of thu
tunnel and while the same is being prosecuted
with reasonable diligence, shall be Invalid; hn
failure to prosecute the work on the tunnel TO
ak months shall be considered as an abandon
Inent of the right to all undiscovered veins OF
the line of said tunnel.
SEC. 5. That the miners Of each mining dls
trict may make rules and regulations not in con
dict with the laws of the United States, or viii
the laws of the State or Territory in which tn
district is situated, governing the location, mar
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 be readily traced All records
mining claims hereafter made shall contain Il
name names of the locators, date of the loe
ton, and such q description OF the claim
claims located by refereGence to some natuf,
object or permanent monument as viii identt
the claim. On each claim located after the pa
sage OF this act, and until patent shall hay
been issued therefor, no less than one hundre
dollars worth OF labor shall beperformed or III
provements made during each year. On a
claims located prior to the passage OF III
act, ten dollars worth Of labor sha
be performed or improvements mac
each year for each one hundred fe
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 failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be OPP
10 relocation in the same manner as If no loo
ton of the same had ever been made: Provide
That the original locators, their he'll
assigns or legal representatives, have not /
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 o
the co-owners who have performed the labor
made the improvements may, at the expirati
of the year, give such delinquent co owner p
aopal notice in writing or notice by publican
In the newspaper published nearest the clal
for at least once week for ninety days, and if
the expiration of ninety days after such notice
writing or by publication such delinquent shot
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.
SIC. G. That patent for any land CLAIM
and located for valuable deposits may be
tanned in the following manners Any pers
association or corporation authorized to Local
claim under this act, having claimed and loea
piece of land for such purposes, who has
,t,zI, u t1A uFft '
die in the proper land-ofice an application f
patent, under oath, showing such complain
together with plat and feldnotes of the Cd
or claims in common, made by or under the
r.ction of the United States Surveyor Gene
slowipg accurately the boundaries Of the cl
claims, which shall be distinctly marked
monuments on the ground. and shall post C
Q, such plat, together with a notice of S
application for a patent, in a consp
ols place on the land embraced in such plat
vtous to the filing Of the application for
eat, and shall file an affidavit of at least
. rsons that such notice has been duly poste
. 'oresaid, and shall file copy Of said motto
slch land.o Office, and shall taereupon be emit
TIA patent for said land, in the manner foil
iis: The register Of the land-office. upon
Ming of such application, plat feld-notes.
I ces and aflidavits shall publish notice
s1ch application has been made for the pc
OF sixty days, in a newspaper u De by him d'
mated as published nearest to said claim; an
shall also post such notice in his office fo 7
this application lat any time thereafter, v
1 the sixty days Of publication, shall file
the register certificate of the United 81
8 irveyor General that five hundred do
worth of labor has been expended or impr
m ,nts made upon the claim by himself or 8
I RS; that the plat is correct, with such fur
d ,scription by such reference to natural Obj
q permanent monuments as shall identify
Q aim, and furnish accurate description, t
Incorporated in the patent. At the expiratio
enc sixty days of publication the claimant S
Ale his affidavit, showing that the plat and
I CO have been posted in a conspicuous plac
tn claim during said period Of publication
no adverse claim shall have been filed with
'ptster and the receiver of the proper land-o
the expiration of the sixty days of publics
/ shall be assumed that the applicant is ent
t,a patent, upon the payment to the prope
,er of five dollars per acre, and that no adv
clam exists; and thereafter no objection
third parties to the issuance of patent sha
b ard, except 1t be shown that the applicant
failed to comply with this act.
SEC T. That where an adverse claim sha
dled during the period of publication, 1t sha
upon oath Of the person or persons making
same, and shall show the nature, bounda
and extent of such adverse claim, and all
oeedings except the publication OF notice
making and fling of the affidavit thereof, g
he STAYED until the controversy shall have