Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-02
THE PIocHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
Domain.

Mining Claims Upon tie Public
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 the single exception on
portion Of section 5, in reference 10 the rclcea-
tion of claims and mines located prior to the
passage Of the general mining law. The Act .
amending the section alluded TO will also, be 4
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 TO- /
1874
AN ACT to promote the development Of the /
Mining resources of the United States
Be II enacted by the Senate and House OF Rep l
reseutatives 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 and
purchase, and the lands in which they
are found to occupation ana 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
miners in the several mining districts so far as
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, cinnabar. lead, tin, copper, or other
valuable deposits heretofore located, shall be
governed 10 length along the VEN or lode by
the customs, regulations, and laws IN force at
the da 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 tn Ousand five hundred feet in length
along the vein or Lode but no location Of a min
ing claim shall he 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 ut the surface, nor shall any claim be lin
tied by any mining regulation TO less than TWEEN
ty-fve feet on each side of the middle Of the vein
vt 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 10 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.
clnded 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
w. although such veins, lodes or Lodges may so
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 OF lodges shall be confined to such
portions thereof rs lie between vertical planes
drawn downward as 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 4 claim owned or possessed
by another.
Sea That where tunnel is run for the
development OF a 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 OF
lodes not appearing on the surface, made by
other parties after the commencement of til.
tunnel and while the same is being prosecuted
with reasonable diligence, shall be Invalid; bu
failure to prosecute the work on the tunnel fOl
six months shall be considered as an abandon
ment of the right to all undiscovered veins OF
the line of said tunnel.
SEC s. 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 wit
the laws Of the State or Territory in which tn
district is situated, governing the location, maj
ner oil recording, amount OF Worh UeCtshdrN
hold possession of & mining claim, subject
the following requirements: Location must |
distinctly marked on the ground SO that Il
boundaries can be readily traced. All records
mining claims hereafter made shall contain I'll
name or names Of the locators, date Of the Loot
ton, and such a description of the claim
claims located by referenence to some naturi
object or permanent monument as will identii
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 hundrt
dollars worth of labor shall be performed or III
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 maC
each year for each 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, tine claim or mi
upon which such failure occurred shall be OPP
to relocation in the same manner Us 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 a
the co-owners who have performed the labor
made the improvements may, at the exprati
OF the year, give such delinquent Co.owner p
sonal notice in writing or notice by publicati
in the newspaper published nearest the clai
for at least once week for ninety days, and II
the expiration of ninety days after such notice
writing or by publication such delinquent shol
fail or refuse to contribute his proportion
comply with this act, his interest i'll the ella
shall become the property Of his co-owners v
have made the required expenditures.
SEC. G. 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 Local
claim under this act, having claimed and loca
pierp Of land sucl purpOkps, who has
have, complied with the terms of this act, I
file in the proper land-othce an application #
patent, under oath, showing such complain
together with plat and feld-notes of the cit
or claims in common, made by or under the
recton of the United States Surveyor Gene
showing accurately the boundaries of the cit
or claims, which shall be distinctly marked
monuments ON the ground, and shall post q c.
of such plat together with notice of 81
application for a patent in Il conspi
Gus place on the land embraced in such plat J
vious to the filing of the application for
ent, and shall file an affidavit of at least
persons that such notice has been duly postet
aforesaid, and shall file copy of said motto
such land-office and shall thereupon be EMIT
to patent for said land, in the manner foll
ing: The register Of the land-ofice, upon
filing of such application, plat, held-notes,
tees and aifidavits, shall publish notice
such application has been made, for The pei
of sixty days. in newspaper De by him de
mated as published nearest to said claim; ant
shall also post such notice in his office for
same period " ,claim at the time of fl
this application oIat 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 impr'
ments made upon the claim by himself or g
tors; that the plat is correct, with such fur'
description by such reference to natural obj
or permanent monuments shall identify
claim and furnish an accurate description, t.
Incorporated in the patent. At the expiration
the sixty days of publication the claimant 8
ale his affidavit, showing that the plat and
ace 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
ut the expiration of the sixty days of publica
it shall be assumed that the applicant is emit
to patent, upon the payment to the propel
fcer Of Ave dollars per acre, and that no adv
claim exists; and thereafter no objection +
third parties to the issuance of patent shal
heard except it be shown that the applicant
failed to comply with this act.
SEC Z. That where an adverse claim shal
filed during the period of publication. it shall
upon oath of the person or persons making
same and shall show the nature, boundai
and extent of such adverse claim, and all