Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-10
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Losa-
ton, Holding and Working of
Mining Claims Upon the Public
nnxnafn

Laws Of the United States, as passed by Con
gress and approved May TO- 1872. These are the
last, and hsncs the only mining laws Of general
ateres. and & rec. with the single exception of
portion of section S. in reference to the reloca-
tlon Of claims and mines located prior to the
passage Of the general mining .aw. The Act
amending the section alluded 10 will also he
found. following the general law modiiyin. sec
ton s. 50 that q claim located prior to May 10,
lsT3 is not subject to relocation until June TO-
ls74
AN ACT to promote the development Of the
Mining resources Of the United States
BE 1t enacted by the Senate and House Of Rep
resentatives Of the United States OF Americs in
Congress assembled, That all valuable mineral
deposits in lands belonging 20 the United States,
both surveyed and unsurveyed. are hereby de-
clarsd to be free and open TO exploration and
purchase, and the lands in which they
sre found to occupation and purchase
by citizens Of the United States aud
thoss who have declared there intention to be-
come such, under regulations prescribed by law.
and according to the loca! customs or rules Of
miners in the several mining districts, so far as
the same are spplic bile and not inconsistent
with the laws ofthe United States.
SEC 2. 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 as to length along the vein or lode by
the customs, regulations, and laws in force at
the da of heirlocation. A mining claim located
after the passage of this act, whether located by
one or more persons. may equal, but shall not
exceed one thousand i've hundred feet in length
along the vein or 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 linn
cd by mining regulation TO less than tween.
ty-hve 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-
tons 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.
torisl 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
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
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 vein
lode which extends in its downward course
beyond the vertical lines of his claim to enter
upon the surface of claim owned or possg ssed
by another.
SEC T. That where . tunnel is rur for the
development OF 3 vein or lode, or for the discov-
cry of mi1es, 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 abandon.
ment Of the right to all undiscovered veins on
the line of said tunnel.
SEC 8. That the miners Of each mining dis
trict msy make rules and regulations not in con.
nict with the laws of the United States, or with
the laws 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 n mining claim, subject tC
the following requirements: Location must b.
distinctly marked on the ground so that III
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tht
name or names OF the locatOrs date Of the loca
tion. and such n 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 hundrei
dollars worth Of labor shall be performed or i'm
provements made during each year. On al
claims located prior to the passage Of this
uct, ten dollars worth of labor shal
be performed or improvements madt
each year for each one hundred fee
ia length along the vein until patent shal
have been issued therefor; but where such claim
are held in common, such expenditure may b.
made upon any one claim; and upon failure t,
comply with these conditions, the claim or min
upon which snch failure occurred shall be opei
to relocation in the same manner as If 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 tine claim after such failur
AID before such location. Upon the failure .
any one Of several co-owners to contribute hi
portion of the expenditures required by this act
the eo-owners who have performed the labor @
made the improvements may, at the expiration
of the year. give such delinquent co owner PEI
sonsl notice in writing or notice by publication
in the newspaper published nearest the claim
for at least once week for ninety days, and If q
the expiration of ninety days after such notice II
writing orby publication such delinquent SHOULD
fail or refuse to contribute his proportion +
comply with this act, his interest in the CLAIM
shall become the property Of his co-owners VIII
have made the required expenditures.
SEc. 6. That patent for any land elaine,
and located for valuable deposits may be oh
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 such purposes. who has, o
have, complied with the terms of this act. ma
ile in the proper land-office all application for
patent, under oath, showing such compliance
together with plat and field notes of the clain
or claims in common. made by or under the di
reeton Of the United States Surveyor General
showing accurately the boundaries Of the CLAIM
or claims, which shall be distinctly marked b,
monuments on the ground. and shall pos, n cop,
OF such plat, together with q notice of sucl
application for q patent, In conspicu
Gus place on the land embraced in such plat pre-
vious to the filing Of the application for a pat
ent and shall file IN affidavit Of at least two
persons that such notice has been duly posted al
aforesaid, and shall file copy Of said notice il
such land-ofice and shall taereupon be entitled
TO patent for said land. in the manner follow
ing: The register Of the land-ofice, upon the
filing of such application, plat field. notes, no
tees and afidavits, shall publish n notice that
such application has been made, for the period
Of sixty days, in a newspaper to be by him desig
mated as published nearest to said claim: and he
shall also post such notice in his Office for the
same period. The claim at the time of flint
this application, or at any time thereafter, with
in the sixty days of publication, shall file will
the register certificate of the United States
Surveyor General that five hundred dollar
worth Of labor has been expended or improve
ments made upon the claim by himself or gran
tors; that the plat is correct, with such further
description by such reference to natural object.
or permanent monuments as shall identify tn,
claim, and furnish an accurate description. to b,
incorporated in the patent. At the expiration o.
the sixty days of publication the claimant shall
file his affidavit, showing that the plat and no
tice have been posted in a conspicuous place OF
the claim during said period Of publication. Il
no adverse claim shall have been filed with tn,
register and the receiver of the proper land Office
at the expiration Of the sixty days Of publication
it shall be assumed that the applicant is entitled
to patent, upon the payment to the proper Of
ncer of hve dollars per acre, and that no adverse
claim exists and thereafter no objection from
third parties to the issuance OF patent shall be
heard, except il be shown that the applicant has
failed to comply with this act.
SEC. 7. That where an adverse claim shall be
filed during the period of publication it shall be
upon oath Of the person or persons making TIE
same. and shall show the nature, boundaries
and extent Of such adverse claim, and all pro
ceedings, except the publication Of notice and
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