Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-25

Below will be found an abstract Of the Mining
Laws Of tho 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 the single exception Of a
ton of claims and mines located prior to the
passage of the general mining law. The Act
the section alluded TO will also be
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 topromote 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-
come such, under regulations prescribed by law.
and according to the local customs or rules of
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. CiIlaDar Ita1, copper, OF OlItT
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 dae 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 oussnd 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
located. No claim shall extend more than three
tN,, lr.1 +EaVa aa1E fl "a mid
vein at the surface, nor shall any claim be linn
ted by any mining regulation to less than TWEEN.
ty-ive feet on 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. 3. That the locators of all mining loca-
lions 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
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 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 as 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 a claim owned or possessed
by another.
SEC. 4. That where a tunnel is run for the
development OF 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 il 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 for
six months shall be considered as an abandon.
ment of the right to all undiscovered veins on
the line of said tunnel.
SEC. g. That the miners of each mining dis
trict may make rules and regulations not in con-
hict 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 tc
hold possession of a mining claim, subject Il
the following requirements; Location must b.
distinctly marked on the ground SO that ii
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tn,
name or names of the locators, date of the loca
ton, and such q description of the claim OF
claims located by referenence to some natura
object or permanent monument as will identify
the claim. On each claim located after the pas
sage of this act and until patent shall have
been issued therefor, no less than one hundred
dollars worth Of labor shall be performed or i'm
provements made during each year On all
claims located prior to the passage of this
act, ten dollars worth of labor shall
be performed or improvements made
each year for each one hundred feet
in length along the vein until patent shall
have been issued therefor; but where such claims
are held in common, such expenditure may be
made upon any one claim; and upon a failure &c
comply with these conditions, the claim or mine
upon which such failure occurred shall be opeI
to relocation in the same manner as II no loca
ton of the same had ever been made: Provided
That the original locators, their heirs
assigns, or legal representatives, have not re
sumed work upon the claim after such failur,
and before such location. Upon the failure o.
any one of several co-owners TO contribute hi
portion of the expenditures required by this act
the co-owners who have performed the labor o.
made the improvements may, at the expiration
OF the year, give such delinquent CO. owner per
sonal notice in writing or notice by publication
in the newspaper published nearest the claim
for at least once a week for ninety days, and if a
the expiration Of ninety days after such notice il
writing or by publication such delinquent shoul,
fail or refuse to contribute his proportion t
comply With this act, his interest in the clair
shall become the property Of his co-owners VIII
have made the required expenditures.
SIC. g. That patent for any land elaine
and located for valuable deposits may be oil
To-. -. 4r1l
association, or corporation authorized to locate
claim under this act, having claimed and locate
Il piece Of land for such purposes, who has
have, complied with the terms OF this act, mi
NIe in the proper land-offce an application for
patent, under oath, showing such complianc
together with plat and field-notes Of the clai
or claims in common, made by or under the d
recGon Of the United States Surveyor Genera
showing accurately the boundaries Of the cls
or claims, which shall be distinctly marked
monuments on the ground, and shall post a coy
OF such plat, together with a notice of sue
application for patent in conspic-
Gus place on the land embraced In such plat pr
vious TO the filing Of the application for a pa
eDt, and shall file an affidavit Of at least tV
persons that such notice has been duly posted
aforesaid, and shall file copy Of said notice
such land-ofice, and shall tAereupon be entitle
10 q patent for said land, in the manner follow
ing: The register Of the land-office, upon Il
filing Of such application, plat, feld-rotes, n
such application has been made, for the peric
Of sixty days, in a newspaper : De by him tesi
mated as published nearest to said claim; and
shall also post such notice in his Office for Il
same period claim at the time of fill
this application. lat any time thereafter, wit
In the sixty days Of publication, shall file wi
the register certificate of the United Stat
Surveyor General that five hundred dolla
worth Of labor has been expended or improv
ments made upon the claim by himself or gra
tors; that the plat is correct, with such furth,
description by such reference to natural objec
or permanent monuments as shall identify Il
claim, and furnish an accurate description, to |
Incorporated in the patent. At the expiration
the sixty days of publication the claimant sha
sle his affidavit, showing that the plat and n,
ace have been posted in conspicuous place O
the claim during said period of publication.
no adverse claim shall have been filed with Ii
register and the receiver of the proper land -ofic
at the expiration of the sixty days Of publicatio
It shall be assumed that the applicant is entite
to patent, upon the payment to the proper o
fcer Of five dollars per acre, and that no advers
claim exists; and thereafter no objection froI
third parties to the issuance of a patent shall /
heard, except 1t be shown that the applicant ha
failed to comply with this act.
SEc.7 Z. That where an adverse claim shall
nled during the period of publication, 1t shall b
upon oath Of the person or persons making til
same, and shall show the nature, boundaries
and extent Of such adverse claim, and all pre-
ceedings, except the publication Of notice an,
making and filing of the affidavit thereof, shall
be stayed until the controversy shall have BEEF
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