Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-03
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
nomain

Laws Of the United States. as passed by Con-
gross and approved Msy 10. 1871. These are the
last. and hence the only mining laws of general
interest and T. rec. with tine single exception Of
portion OF section 5. in reference to the reloea-
ton Of claims aud mines located prior to the
passage Of the general mining Jaw. The Act
amending the section alluded TO will also be
found. following the general law modifyin. sec
ton 5. so that \ claim located prior to May 10,
1917. Is not subject 20 relocation until juno 10,
1874
An ACT to promote the development 81 the
Mining resources OF the United States
Be Il enacted by the Senste and House OF Rep
resentHtiyes of the United States OF America in
Congress assembled, That sill valuable mineral
deposits IN lands belonging to the United States.
both surveyed and unsurveyed, 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 10 be-
come such. under regulations prescribed by law.
and according to the locsl customs or rules Of
miners, in the several mining districts. 50 far rs
the ssme spplic BILE and not inconsistent
with the laws fthe United States.
SEC. 9 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 rs to length along the vein or lode by
the customs, regulations, and Laws in force at
the da of their location. 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 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
hundred feet on each side of the middle Of the
vein st the surface. nor shall any claim be lin
tied by any mining regulation 10 less than TWEEN
tyfye feet on each side Of the middle Of the vein
Il the surface, except where adverse rights exist
ing at the passage of this act shall render such
Limitation necessary. The end-lines Of ca h
claim shall be parallel t. 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 IS they comply with the
laws Of the United States and the State, Terri.
turial 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 ill.,
cluded within the lines Of their locations and Of
Sill veins ludes, AMI lodges throughout the entire
depth, the top or apex Of which lies inside Of
such surface-lines extended downward vertical
ly although such veins, lCdes or lodges may so
far depart from perpendicular in their course
downward IS 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 he confined to such
portions thereof as lie between vertical planes
drawn downward SIS Aforesaid, through the end
lines Of their locations, so continued in their
own direction that such planes will intersect
such exterior parts Ci said veins or lodges: And .
provided further, that nothing in this section /
shall suthurike the locator or posse of vein
or lode which extends IN its downward course /
beyond the vertical lines Of his claim to enter /
upon the surtace of claim owned or poss, sscd /,
by another.
SEC. 1. That where tunnel is rur for the /
development Of We in or lode, or for the dscOv |
cry of mi es, the owners of such tunnel shall /
have the right Of possession Of all veins or lucs
within three thousand feet from the face of such
tunnel on the line thereof not previously known F.
to exist, discovered in such tunnel, TO the same
extent as II discovered from the surface; ana !
locations on the line Of such tunnel If 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; hut
failure to prosecute the work on the tunnel for
six mouths shall be considered as an abandon.
ment OF the right to all undiscovered veins uu
the line of said tunnel
SEC s. TIL t the miners Of each mining dis
trict may make rules and regulations not in con-
fict 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 he readily traced, All recorfs of
mining claims hereafter made shall contain the
name or names Of the locators date Of the loca-
tion and such description of the claim or
claims located by rcfereutnc3 to some ustural
OBJECT or permanent monument as will identify
the claim On each claim located after the pas
sage Of this act, and until patent shall hsve
been issued therefor, no less than one hundrsd
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
hhVe been issued therefor; but where such claims
are heId 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 tsllure occurred shall be open
to relocation IN the same manner as If no lOca.
ton Of the sam" had evo or been made: Provided (
That the original lOcaturs. their heirs
assigns. or legal representatives. have not IT.
sumed work upon the claim after such failure
ana before such location, Upon the failure II
any one Of several co-ownerS to contribute his
portion Of the expenditures required by this set .
the eo-owners who hsve performed the lab,rar /
made the improvements may, at the expiration
OF the year, give such delinquent co owner par I
ronsl notice in writing or notice bv publication
in the newspaper published nearest tie claim .
for at least once week fer ninety days and Il st
the expiration OF ninety dsys after such notice in
writing or by publication such delinquent should :
fail or refuse to contribute his proportion IN J
comply with this act, his interest in the claim /
shall become the property Of his co-owners who /
hsye made the required exPeniitures
Sc {. That patent for any land clsin7e,f /
and located for vaiuable deposits NAV be oh /
tanned in the following manner, Any uersJu (
association 1r corporation suthorized to locate
claim under this act. having claimed and located
piece Of land for snch purposes " no has or /
hsNe, complied with the terms Of this act, may I
n thai 4
patent, under oath. showing such cnmplisnca |
together with plat and field notes Of the claim /
or claims in common. made by or under the di. /
rection Of the United States Surveyor General. !
showing accurately the boundaries Of the claim
or claims, which shall be distinctly marked bv /
monuments on the ground and shall post a COPY |
OF snch plat, together with a notice of such
sppAcAnon Tor patent, in conspicu-
Gus place on the land embrsced in such plat urp
vious to the filing OF the application for nat
ent, and shall file an affidavit O. At least two
persons tnst such notice has been duly posted as
Aforesaid, and shall file copy OF said notice in
such land-offiee, and shall taereupon be entitled
10 patent for said land, in the manner follow.
ing: The register Of the land-office rp0r the
ming Of such application, plat, feld-n0tes. no.
tees and athdavits, shall publish notice that
such application has been made, for the period
OF sixty days in newspaper TO be by him desig
mated as published nearest to ssid claim; and he
sinai! also post such notice in his office for the
same period. The claim at the time Of filing
eA'e Ut aiy time thereafter with
IN the sixty days of publication shall file with
the register certificate of the United States
surveyor General that FIVE hundred dollars
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 objects
OF permanent monuments as shall identify the
claim. and furnish accurate description. 10 he
incorporated in the patent. At the expiration of
the sixty days Of publication the claimant shall
NE his affidavit showing that the plat and no.
t!ce nave been posted in conspicuous place on
me claim during said period of publication. II /
no adverse claim shall have been filed with the
register and the receiver of the proper land Office
st the expiration # the sixty days II puhlicstion
II shall be assumed that the applicant is entitled
TO patent, upon the payment to the prone ~.
hcer OF i've dollars per acre. and that no adverse
claim exists: and thereafter no objection from |
third parties to the issuance of patent shall he |
heard, except 1t be shown that the applicant has
failed to comply with this act
SEC. 7. That where an adverse claim shall no
filed during the period of publication IL shall be
upon oath of the person or persons making the
same. and shall show the nature boundaries
and extent of such adverse claim and all pro-