Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-15
the PIocHE DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Loen-
ton. Holding and Working Of
Mining Claims Upon the Public
Domain.

Domain.
Below will be found an abstract of the Mining |
Laws Of the United States. as passed by Con
yress and approved May 10. 1874. These are the
last. and hence the only mining laws Of general
interest and force, with the single exception Of &
portion of section 5, in reference to the relocs-
ton OF claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded TO Will also be
found. following the general Law modifying sec
ton :, 50 that claim located prior to slsy 10,
lsT2. is not subject to relocation until Juno TO-
ls5i.
AN ACT to promote the development Of the
Mining resources of the United States
BE it enacted by the Senate and House OF Rep
r,sentatiyes of the United States OF America IN /
Congress assembled That all valuable mineral
deposits in lands belonging 10 the United states
both surveyed and unsurveyed, are hereby de-
elared to be free and open TO exploration ana /
purchase and the lands in which they |
are found TO occupation and purchase |
by citizens u 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.
SIC. 9. 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 to length along the vein or lode ny
the customs, regulations, and laws IN force at
the date 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 to ousand five hundred feet In leng'h
along the vein or lode. but no location oil a mn
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 at the surface nor shall any claim DE I'M
tied by any mining regulation to less than twen'
ty-ive 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.
SIC 5. 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
torial and local regulations not in conflict with
said laws of the United States governing their
possesCory title. shall have the exclusive right OF
possession and enjoyment OF all the surface IN
cluded within the lines OF their locations and oil
all veins, lodes and lodges throughout the entire
depth the top OF apex Of which lies inside of
such surface-lin 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 US lie between vertical planes
drawn downward 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: 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 surface of claim owned or possessed
by another.
SIC 4 That where q tunnel is run for the
development OF 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 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 5. That the miners of each mining dis
trict may make rules and regulations not in con
iiict with the laws of the United States, or witt
the laws of the state or Territory In which tn
district is situated, governing the location, man
ner Of recording, amount OF work necessary I
hold possession Of a mining claim, subject !
the following requirements: Location must Il
distinctly marked on the ground that ii
boundaries can be readily traced. All records {
mining claims hereafter made shall contain til
name or names OF the locaiors, date OF the loca
ton. and such description Of the claim O
claims located by referenence to some natura
object or permanent monument az will identf
the claim on each claim located after the pas
sage OF this act and until q patent shall hay
been issued therefor, no less than one hundre
dollars worth Of labor shall be performed or i'll
provements made during each year. On o.
claims located prior to the passage of th
act ten dollars worth of labor sha
be performed 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 I
made upon any one claim: and upon failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be OPP
To relocation in the same manner ~ II no loo
ton of the same had ever been made: Provide
That the original locators, their heir
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 Il
portion of the expenditures required by this a,
the co-owners who have performed the labor
made the improvements may, at the expirat
OF the year, give such delinquent co owner p'
sonal notice in writing or notice by publicati
in the newspaper published nearest the cei
for at least once a week for ninety days. and if
the expiration of ninety days after such notice
writing or by publication such delinquent shor
fail 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
and located for valuable deposits may be
tanned in 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
hova terms
file in the proper land-office an application ft
patent. under oath, showing such complain
together with plat and field-notes of the cls
or claims in common, made by or under the
recton of the United States Surveyor Genel
showing accurately the boundaries of the ella
or claims, which shall be distinctly marked
monuments on the ground. and shall post a CT
of such plat, together with q 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 I
ent, and shall file an affidavit OF at least I
persons that such notice has been duly posted
aforesaid, and shall file copy Of said notice
such land-ofiice. and shall thereupon be EMIT
to u patent for said land, in the manner folk
ing; The register Of the land-oilce, upon
nlng of such application, plat, held-notes,
tees and sfidavits, shall publish q notice t
such application has been made, for the per
of sixty days, in a newspaper : De by him de
mated as published nearest to said claim; and
shall also post such notice in his office for
same period. " ,claim at the time of fl
this application. olat any time thereafter, W
in the sixty days of publication, shall file "
the register certificate of the United ST.
Surveyor General that five hundred dol
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
clain 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
zee have been posted in conspicuous place
the claim during said period Of publication.
mo adverse claim shall have been filed with
register and the receiver of the proper land-oi
ut the expiration of the sixty days of publica'
IL shall be assumed that the applicant is emit
to q patent, upon the payment to the proper
hcer of Ave dollars per acre, and that no adv
claim exists; and thereafter no objection Fl
third parties to the issuance Of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SEC Z That where an adverse claim shall
nlsd 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 !
eeedings, except the publication Of notice
making and filing of the affidavit thereof, 81
be stayed until the controversy shall have b