Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-14
DAILY RECORD
MINING LAW.
Law. Of Congress. Governing the Local
tion, Holding and Working of
Mining Claims Upon the Public
Domain.


Below will b. found an abstract % the Mining
Laws Of the United States. a. passed by Con
gr.ss and approved May 10. lisa. These are the
last, and hence ths only mining laws Of general
interest and force. with the single exception cfs
portion Of section 5. in reference 10 the rel0ca-
ti1u Of claims and mises located prior ~ the
passage u the gnnerAl mining 'A~. The Act
smsnding the section alluded 10 will also he
found. following the general Law modifying sec
ton s. 50 that claim located prior to May 10.
1874, Is not subject to relocation until June 10.
1874.
An ACT to promote the development O; the I
Mining resources Of the United States
BE II enacted by the Senate and House Of Rep (
resentatiyes Of the United States Of America IN /
Congress assembled, That all valuable mineral 4
deposits IN lands belonging TO the United states,
both surveyed and unsurveyed, are hereby de. /
elGred to be free and open TO exploration and 4
purchase, and the lands in which they /
are found to occupation and purchase /
By citizens u the United states aud !
those who have declared there intention 10 be- /
come such. under regulations prescribed by law I
and according to the local customs or rules OF l
miners in the several mining districts, 50 far as
the same are spplic5 BILE and not inconsistent
with the laws Of the United States.
SIC ?. That mining claims upon veins or
lodes Of quartz or other rock in place bearing
valuable deposits heretofore located. shall be
governed ~ to length along the vein or lode by
the customs, regulations, and laws IN force st
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 thousand 1--WE hundred feet in length
along the vein or lode; but no location Of min
ing claim shall be made until the discovery u
tile 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 al the surface, nor shall any claim be nm
tied By any mining regulation TO less THAN TWEEN
ty.fye feet on each side Of the middle Of the vein
At the surface except whore 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.
SIC g. 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, 50 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.
eluded 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-lincs extended downward vertical
Is, although such veins, lodes or lodges may so
far depart from perpendicular in Their course
downward as 10 extend outside the vertical side
lines OF Ntll tuFtatt IbAAALhHHs iipN'htNt tAH'
their right Of possession &c such outside parts
Of such veins or lodges shall he 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
hall 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 posse ssed
10y another.
SIC. l. That where n tunnel il run for the
development OF vein OF lode, or for the discov.
cry Of mires. 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 fol
six months shall be considered as an abandon
Inent Of the right to all undiscovered veins oI
the line Of said tunnel.
SIC 5 Th-t the miners Of each mining dis
trict may make rules and regulations not IN con
hict with the laws Of the United States, or witt
the laws Of the State or Territory in which tn
district Is situated, governing the location, mar
u.r Of recording amount of work necessary I
hold possession Of mining claim, subject
the following requirements; Location must b
distinctly marked on the ground SO thst il
boundaries can be readily traced. All records &
mining claims hereafter made shall contain ID
name names of the locators, date OF the loca
ton and such q description of the claim q
claims located by rCferCUence to some natuTa
object or permanent monument ar will identf
the claim on each claim located after the pas
sage OF this act, and until a patent shall hav
been issued therefor, no less than one hundre
dollars worth Of labor shall be performed or in
MI a1a
claims located prior to the passage of thi
at, ten dollars worth Of labor sha
be performed or improvements mad
each wear for each one 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, the claim or mil
upon which such failure occurred shall be ops
to relocation in the same manner as If no loc
ton OF the same had ever been made: Provide
That the original locators, their heir
assigns or legal representatives, have not T
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 al
the co-owners who have performed the labor
made the improvements may, at the eHpirati
OF the year, give such delinquent co owner p'
sonal notice in writing or notice by publicatl
in the newspaper published nearest the clai
for at least once week for ninety days, and If
the expiration of ninety days after such notice
writing or by publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act, his interest in the ella
shall become the property OF his co-owners W
have made the required expenditures.
SIC. 6. 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 locat
claim under this act having claimed and loca
piece Of land for snch purposes, who has
have, complied with the terms OF this act. Il
ME in the proper land-ofhce an Application IL
patent, under oath, showing such complain
together with plat and field notes of the ella
or claims in common, made by or under the
rection Of the United States Surveyor Genel
showing accurately the boundaries Of the ella
or claims which shall be distinctly marked
monuments on the ground and shall post a &C
Of such plat, together with notice of 81
application for patent, IN conspl
Gus place on the land embraced in such plat 1
yioua to the filing of the application for !
-nt and shall file an affidavit of at least t
persons that such notice has been duly posted
aforesaid, and shall file copy Of said notice
such land-ofice, and shall taereupon be EMIT
to patent for said land, in the manner foil
ing: The register Of the land-office, upon
fling of such application. plat, field notes,
tees and afidavits, shall publish notice
such application has been made, for me pei
OF sixty days, in a newspaper De by him de
mated as published nearest to said claim; ant
shall also post such notice in his office for
same period :" J. claim at the time of fl
this Application, plht any thereafter, W
in the sixty days of publication, shall file v
the register certificate Of the United ST.
Surveyor General that fve hundred dol
worth Of labor has been expended or imprt
ments made upon the claim by himself or q
tors; that the plat is correct, with such furt
description by such reference to natural obj
or permanent monuments ms shall identify
claim, and furnish an accurate description, t.
incorporated in the patent. At the expiration
the sixty days of publication the claimant 81
ale his affidavit, showing that the plat and
ace have been posted in conspicuous place
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 proper
ncer OF five dollars per acre, and that no adv
claim exists and thereafter no objection Fl
third parties to the issuance OF patent shall
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC. Z. That where an adverse claim shal
nled during the period Of publication. it shsl
upon oath Of the person or persons making
same, and shall show the nature, boundar
and extent of such adverse claim, and all l
ceedings, except the publication Of notice
making and filing Of the affidavit thereof, 81
be stayed until the controversy shall have b
settled or decided by a court Of competent ju