Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-15
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Local
tion. Holding and Working Of
Mining Claims Upon the Public
Domain.

tiou. Holding and Working OF
Mining Claims Upon the Public
Domain.
Below will be found AL abstract OF the Mining
Laws Of the United States, as passed by Con-
grsss ani approv=s DAY 10, 1872. These are the
last, a.i hence The only mining laws of general
interest ssd force, with tine single exception of
norton Of section g. in reference 10 the reloea-
tios Of claims and mines located prior to the
passage of the general mining law. The Act
amending the section alladed TO will also be
fousd following the general law modifying sec
ton 5, 50 that q claim located prior to May 10,
1872, Is no, subject TO relocation until June 10,
1874.
An ACT to promote the development " the /
Mining resources OF the United States
Be il enacted by the Senate and House Of Rep /
resestatiyes 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- |
elared to be free and open to exploration ana
purchase, and the lands in which they /
arc found to occupation and purchase /
by sitzens Of the United States and |
those who have declared there intention to be- |
come such. under regulations prescribed by law.
aud according to the local customs or rules OF
miners in tbs several mining districts 80 Tar as 1
the same are applicable and not inconsistent /
with the laws ofths United States
sac 2 That mining claims upon veins or
Ioses OF quartz or other rock in place bearing
gold silver, ciunabar, 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 al
the eais 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 thousand five hundred feet in length
along the vein or lode bnt no location OF min
ing claim shall be made until the discovery OF
tho 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 nm
tied by any mining regulation TO less than TWEEN
ty-ve feet on each side OF the middle OF the VEIN
Ut 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 tbs locators OF all mining loca-
tions hsretofor. made, or which shall hereafter
he 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, 30 long as they comply with the
laws of the United States, and the State, Terri
tortal 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 surface-lines extended downward vertical
~, although such veins, lodes or lodges may 50
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 viii 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 surfac. OF claim owned or possessed
by another.
SEC. A. That where tunnel is run for the
development OF q 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 shall be invalid; but
failure to prosecute the work on the tunnel fol
six months shall be considered as an abandon
Inent of the right to all undiscovered veins on
the line of said tunnel.
SEC. 8. That the miners Of each mining dis
trict may make rules and regulations not III con
hict with the laws Of the United States, or will
the laws of the State or Territory in which tn
district is situated governing the location, man
ner of recording, amount Of work necessary
hold possession of s mining claim, subject t
the following requirements: Location must l.
distinctly marked on the ground so that ii
boundaries can be readily traced. All records {
mining claims hereafter made shall contain III
name or names of the locGtors, date Of the locs
ton, and such description Of the claim c
claims located by referenence to some naturt
RfaVNt ffl4t
tbs claim On each claim located after the pa
sage Of this act and until a patent shall hay
bsen issued therefor, no less than one hundre
dollars worth OF labor shall be performed or in
prevements made during each year On a
claims located prior to the passage of tn
act ten dollars worth Of labor sha
b. performed or improvements mad
each year for each one hundred fet
in length along this vein until patent sha
hsve 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 ops
to relocation in the same manner as II no loo
ton Of the same had ever been made Provide
That the original locators, their he'll
assigns, legal representatives, have not l
slmed work upon the claim after such tallu
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 eNpirati
OF the year, give such delinquent co owner p
sonal notice in writing OF notice by publicati
in the newspaper published nearest the clai
for at least once a week for ninety days, and If
the expiration OF ninety Gays 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 W
have made the required expenditures.
SEC. 6. That patent for any land claim
aud al valuable ippOsitg ba ,
tanned in the following manner Any pers'
association or corporation authorized to locat
claim under this act having claimed and local
piece Of land for snch purposes, who has.
have, complied with the terms Of this act, Il
h!e in the proper land-ofice an application 70
patent, under oath, showing such complain
together with plat and held-notes of the ella
or claims in common, made by or under the
rection of the United States Surveyor Genei
showing accurately the boundaries Of the ella
or claims, which shall be distinctly marked
monuments on the ground, and shall post &C
Of such plat, together with notice of ST
application for pasnt, in conspi
Gus place on the land embraced in such plat p
vious to the filing of the application for a ?
ent, and shall file an affidavit OF al least
persons that such notice has been duly posted
aforesaid and shall file copy OF said notice
such land-office and shall thereupon ba EMIT
to q patent for said land, in the manner follt
ing: The register Of the land-ofice, upon
iling of such application, plat, teld-notes,
tees and aindaNlts, snail pdbllsn nOtlce u
such application has been made, for the per
Of sixty days, in a newspaper to be by him de'
mated as published nearest to snh Claim; and
shall also post such notice in his office for
same period. The claim at the time of I'll
this application, or at any time thereafter. wi
in the sixty days Of publication, shall file W
the register certificate Of the United st,
Surveyor General that five hundred doll
worth of labor has been expended or imprc
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, t.
incorporated in the patent. At the expiration
the sixty days of publication the claimant 8
nle his affidavit, showing that the plat and
tice 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
at the expiration of the sixty days Of publics
it shall be assumed that the applicant is emit
to patent, upon the payment to the propel