Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-10
THE PlOCHE DAILY RECORD.
MINING LAW.
Laws of Congress Governing the L"sa-
ton, Holding and Working Of
Mining Claims Upon the Public
Domain.


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 4
interest and force, with tine single exception Of q
portion Of section 5, in reference to the reloca-
ton Of claims and mines iOcsted prior to the l
passage Of the general mining Jaw. The act 1
amending the section alluded 10 will slso be /
found, following the general law modifying sec
tlon 5, 20 that s claim located prior to May 10,
ls72. Is not subject to relocation until June 10,
1874.
AN ACT 10 promote the development OF the
Mining resources OF the United States
Be it enacted by the Senate and House of Rep
resentatiyes 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 :Aey
are found 20 occupation and purchase
bv citizens Of the United States and
those who have declared there intention to be-
come such, under regulations prescribed by law,
Snd according to the local customs or rules Of
miners in The several mining districts, so far as
the same are apple bic and not inconsistent
with the laws of the United States.
SEC 2. That mining claims upon veins or
lodes Of quartz or other rock in place bearing
gold silver, cnnabar, lead, tin, copper, or other
governed as to length along the vein or lode by
the customs, regulations, and laws in force al
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 til ousand i've hundred feet in length
along the vein or lode; but no location OF q 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 linn
ited by any mining regulation to less than TWEEN
tyive feet on each side of the middle OF the vein
st 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. g. 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 conriet 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
ali veins, lOdes, and Lodges throughout the entire
depth, the top OF apex of which lies inside Of
such surfsce-lincs extended downward vertical
ly. although such veins, lodes or ledges 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 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 a vein
OF lode which extends in its downward course
beyond the vertical lines Of his claim 10 enter
upon the surface Of claim owned OF posse ssed
by another.
SEC 1. That where a tunnel is run for the
development OF a vein or lode, or for the discoy.
cry Of mi es, the owners of such tunnel shall
have the right Of possession Of all veins 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 for
six months shall be considered an abandon.
nent of the right to all undiscovered veins on
the line Of said tunnel.
SEC 5. Thst the miners OF each mining dis
trict may make rules and regulations not in con-
dict 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 TO
hold possession Of a mining claim, subject 10
the following requirements: Location must he
distinctly marked on the ground so that its
boundaries can be readily traced. All records OF
mining claims hereafter made shall contain the
name or names Of the loCatOrs, date Of the loca-
tiou, and such o description of the claim or
claims located by referenence to some natural
object or permanent monument as will identity
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 failure to
comply with these conditions, the claim or mine
upon which such failure occurred shall be open
to relocation in the same manner as II no loca'
ton Of the same had ever been made: Provided
That the original loeators, their heirs
assigns, or legal representatives,, have not re-
sumed work upon the claim after such failure
and before such location. Upon the failure OF
any one of several co-owners to contribute his
portion of the expenditures required by this act
the co-owners who have performed the labor Of
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 q week for ninety days, and if a
the expiration of ninety days after such notice il
writing orby publication such delinquent SHOULD
fail or refuse to contribute his proportion t.
comply with this act, his interest in the CLAIM
shall become the property of his co-owners VIII
have made the required expenditures.
SIC. 6. That patent for any land elaine,
and located for valuable deposits may be OF
tanned in the following manner Any person
association or corporation authorized to locate
claim under this act, having claimed and locate
piece of land for snch purposes, who has, c
have, complied with the terms of this act ma
Ale in the proper land-ofiice an application for
patent under oath, showing such complianc
together with plat and feld-nOtes of the clail
or claims in common, made by or under the d
rsction Of the United States Surveyor Genera
showing accurately the boundaries Of the claii
or claims, which shall be distinctly marked /
monuments on the ground, and shall post cop
OF such plat, together with a notice of sue
application for patent, in a conspicl
Gus place on the land embraced in such plat pr
vious to the filing of the application for a pa
snt, and shall file an affidavit of at least tw
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such lsnd-offce, and shall tAereupon be entitle
Co patent for said land, in the manner follow
ing: The register of the land-offce, upon IL
hling of such application, plat, held-notes, NJ
tices and afhdavits, shall publish a notice thu
such application has been made, for Che periu
of sixty days, in newspaper : De by him desi
mated as published nearest to said claim; and
shall also post such notice in his office for Il
same period. to- claim at the time of fliI
this application lat any tiIue 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 improy
Rents made upon the claim by himself or gra
RS; that the plat is correct, with such furth
d ssrription by such reference to natural obJec
or permanent monuments as shall identify II
claim. and furnish an accurate description, to
Incorporated in the patent. AT the expiration
the sixty days Of publication the claimant sha
ale his affidavit showing that the plat and n
ce have been posted in conspicuous place
tn claim during said period Of publication.
no adverse claim shall have been filed with II
gister and the receiver of the proper land. Off
q the expiration Of the sixty days Of publicatit
l. shall be assumed that the applicant is entitl
ia patent, upon the payment to the proper
q er Of I'VE dollars per acre, and that no adver
CLAIM exists; and thereafter no objection fro
thtrd parties to the issuance Of patent shall
b ard, except it be shown that the applicant Il
failed TO comply with this act.
SEC. a That where an adverse claim shall
filed during the period of publication. 1t shall
upon oath Of the person or persons making 4
same, and shall show the nature, boundarit
and extent Of such adverse claim, and all pr
ceedings, except the publication Of notice al
making and fling of the affidavit thereof, shs