Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-16
the PIOcHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
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
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
portion of section 6, il reference to the reloca-
ton Of claims and mines located prior to the
passage of the general mining law. The Act
amending the section alluded 10 Will also be
found following the general law modifying sec
ZION 5, 50 that a claim located prior to May 10,
1872, Is not subject to relocation until June 10,
1874.
AN ACT to promote the development Of the /
Mining resources OF the United States
BE Il enacted by the Senate and House of Rep /
re.entatives Of the United States of America in /
Congress assembled. That all valuable mineral /
deposits in lands belonging to the United states,
beth surveyed and unsuryeyed, are hereby de- /
cIared 20 b. free and open to exploration and I
purchase, and the lands in which they I
are found to occupation and purchase /
nv citizens Of the United States and I
those " no have declared there intention to be- !
come such. under regulations prescribed by law, |
and according to the local customs OF rules of |
miners in the several mining districts, so far rs
the same applicable and not inconsistent
with the laws of the United States.
SIC. .. That mining claims upon veins or
l0des OF quartz or other rock in place bearing
gold silver, cinnabar, Lead. tin. copper, or other
valuable deposits heretofore located, shall be
governed rs TO length along the vein or lode by
the customs, regulations, and laws III force Vt
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 til ousand five hundred feet in length
along the vein OF lode; but no location OF a 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 at the surface, nor shall any claim be lint
tied by any mining regulation to less than TWEEN
ty-fve 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.
SEC 8. That the locstors of all mining loca-
tions heretofore made, or which shall hereafter
b. 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
torisl and local regulations not in conflict with
said laws OF the United States governing their
possesgory title shall have the exclusive right of
possession and endowment of all the surface in
eluded within the lines of their locations and of
all veins lodes, and Lodges throughout the entire
depth, the top OF apex of which lies inside OF
such surface-lines extended downward vertical
w. although such veins lodes or lodges may so
Tar depart from a perpendicular in their course
downward a. 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 claim owned or possessed
by another.
SIC L. 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 II 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. 3. That the miners Of each mining dis
trict may make rules and regulations not III con-
tct 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 Il mining claim, subject &
the following requirements: lOChtlun must IN
distinctly marked on the ground that it
boundaries can be readily traced. II rscOns o
mining claims hereafter made shall contain TN
name or names OF the lDcators, date OF the loca
ton, and such q description of the claim d
claims located by refgrGnence to come ngtura
object or permanent monument as VIII identify
the claim. On each claim located after the pas
sage of this act, and until patent shall hhy'
been issued therefor, no less than one hundred
dollars worth Of labor shall be performed or i'm
provements made during each year. ON al
claims located prior to the passage Of thi
act, ten dollars worth OF labor shal
he performed or improvements mad
each year for each one hundred fec
In length along the vein until patent shal
have been issued therefor; butwhere such claim
are held in common, such expenditure may b
made upon any one claim: and upon failure {
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
to relocation in the same manner as If no loci
ton of the same had ever been made: Provided
That the original locators, their heir
assigns, legal representatives, have not r.
sumed work upon the claim after such fGilui
and before such location. Upon the failure
any one OF several co-owners to contribute h
portion of the expenditures required by this sc
the eo-owDers who have performed theaabor
made the improvements may, at the expiratio
of the year give such delinquent co.owner De
sonal notice in writing or notice by publicstit
in the newspaper published nearest tho clair
for at least once week for ninety days. and If
the expiration of ninety days after such notice
writing orby publication such delinquent shou
fail or refuse TO contribute his proportion
comply with this act, his interest in the clai
shall become the property of his co-owners wi
have made the required expenditures.
SEC. 6. That patent for any land claim
and located for valuable deposits may be c
tanned in the following manner: Any persc
association. or corporation authorized to locat'
claim under this act having claimed and locat
piece of land for such purposes VINO has,
have, complied with the terms of this act N
file in the proper land-oftce an application TO
patent, under oath, showing such complain
together with plat and field-notes of the ella
or claims in common, made by or under the
fection of the United States Surveyor Gener
showing accurately the boundaries Of the ella
or claims, which shall be distinctly marked
monuments on the ground, and shall post co
Of such plat together with q notice OF su
application for patent, in conspi'
ous place on the land embraced in such plat p
viDus to the filing of the application for p
.nt, and shall file an affidavit of at least T.
persons that such notice has been duly posted
aforesaid. and shall file o copy of said notice
such land-oihce. and shall taereupon be entitl
10 patent for said land, in the manner folio
ing: The register of the land-offce. upon
nling of such application, plat, feld-notes,
tees and affdavits, shall publish q notice u
such application has been made, for the peri
Of sixty days, in newspaper : De by him DIES
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. o lat any time thereafter. wi
In the sixty days OF publfcatlon. snail ME W
the register certificate Of the United Sta
Surveyor General that Ave hundred doll
worth of labor has been expended or impro
nents made upon the claim by himself or gr
tors; that the plat is correct. with such furtl
description by such reference to natural obje
or permanent monuments shall identify
clsim, and furnish an accurate description, to
Incorporated in the patent. At the expiration
che sixty days of publication the claimant sh
ale his aifidavit, showing that the plat and
zee have been posted in aconspicuous place
the claim during said period of publication.
no adverse claim shall have been filed with
register and the receiver of the proper land-of
Ut the expiration of the sixty days of publicat
II shall be assumed that the applicant is EMIT
to patent, upon the payment to the proper
ncer Of five dollars per acre, and that no adve
claim exists; and thereafter no objection fir
third parties to the issuance of patent shall
heard except 1t be shown that the applicant
failed to comply with this act
SEC. =. 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, boundari
and extent of such adverse claim, and all p
oesdinss. except the publication Of notice a
-. a. II