Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-26
THE PIOcHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loea-
ton, Holding and Working Of
Mining Claims Upon the Public
Domain.

Laws Of the United States, passed by Con-
gress and approved May 10, 1874. These are the ,
last. and hence the only mining laws Of general
interest and force, with tine single exception Of a
portion Of section 3, in reference 10 the reloea-
ton Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded 10 viii also BE-
found, following the general law modifying sec
ton 8, so that 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 it enacted by the Senate and House Of Rep
ressntatiyes Of the United States Of America in
Congress assembled. That all valuable mineral
deposits in lands belonging TO the United States,
10th surveyed and unsuryeyed, are hereby de-
clared to be free and open to exploration and
purchase, and the lands IN which they
by citizens Of the United States and (
those who have declared there intention to BE- /
come such, under regulations prescribed by law, 4
and according to the local customs or rules Of
miners in the several mining districts 50 far as
the same are applicable and not inconsistent
with the laws Of the United States.
SIC. @ That mining claims upon veins or
loaes of quartz or other rock in place bearing
gold, silver cinnabar, lead tin, copper. or other
valuable deposits heretofore located, shall b.
governed TO length along the vein or lode by
the customs. regulations, and laws in force at
ths dne 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 five hundred feet in length
along the vein OF lode. but no location OF 4 min
ing claim shall be made until the discovery Oi
the vein or lode within the limits Of the claim
located. No claim shall extend more than three
hundrs-l feet on each side Of the middle Of the
vein al the surface. nor snail any claim be nm
tied by any mining regulation to less than TWEEN
tv-fiye 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 eDd-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, 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
toral and local regulations not in conflict with
said laws Of the United States governing their
pOssesGDry 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
dcpth the top or apex of which lies inside Of
ouch surface-linrs extended downward vertical
ly, although such veins, lodes or lodges may 30
far depart from perpendicular IN their course
downward ar to extend outside the vertical sac
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 Ntrtlthl 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
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.
SEC l. That where tunnel is run for the
development Of Il 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
10 exist discovered in such tunnel, to the same
extent Az if discovered from the surface; and
locations on the line Of such tunnel Of veins tr
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
Inent OF the right to all undiscovered Veins on
the line of said tunnel.
SEC g. That the miners of each mining dis
trict may make rules and regulations not in con
nict with the laws of the United States, or with
the laws Of the State or Territory in which tn,
district is situated, governing the location, man
ner Of recording amount Of work necessary u
hold possession OF mining claim, subject L
the following requirements: Location must b
distinctly marked on the ground so that 1t
boundaries can be readily traced. All records q
mining Claims hereafter ulhGt NhIi ttiHtdlli III
name or names Of the locators, date OF the loca
ton, and such description Of the claim q
claims located by refereDence to some natura
object or permanent monument as viii identli
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 iii
provements made during each year. ON a.
claims located prior TO the passage Of thi
act ten dollars worth Of labor sha
be performed or improvements mad
each year for each one hundred fec
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 a failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be ope
to relocation in the same manner rs II no loo
ton of the same had ever been made: Provide
That the original locators, their heir
assigns, or legal representatives, have not r
sumed work upon the claim after such faiu
and before such location. Upon the failure
any one Of several co-owners to contribute
portion Of the expenditures required by this az
the co-owners who have performed the labor
made the improvements may, at the expiratit
of the year, give such delinquent co owner pc
sonal notice in writing or notice by pnblicatii
in the newspaper published nearest the clan
for at least once week Tor ninety days, ana II
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 Ilt property OF MS tp-ONHtTs "
have made the required expenditures.
SEC. &. 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 locai
piece of land for snch purposes, who has,
have. complied with the terms of this act. II
file In the proper landoffce IN application 70
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 Gener
showing accurately the boundaries Of the ella
or claims, which shall be distinctly marked
monuments on the ground, and shall post &C
of such plat, together with notice OF ST.
application for patent, in conspi
Gus place on the land embraced in such plat p
yious to the filing of the application for q y
,nt and shall file an affidavit of at least {
persons that such notice has been duly posted
aforesaid, and shall file II copy of said notice
such land-oti and shall thereupon be EMIT
TO A patent for said land, in the manner folio
ing: The register of the land-oiiice, upon
filing of such application, plat, held-notes
tees and afhdavits. shall publish notice Il
such application has been made, for the per
of sixty days, in n newspaper ne by him de'
mated rs published nearest to said claim; and
shall also post such notice in his Office for
same period. IL" d claim at the time of III
this application 0 lat any time thereafter, vi
in the sixty days of publication, shall file "
the register certificate of the United Sta
Surveyor General that five hundred doll
worth oil lHD1r mas Dttu tAptHutu VI
ments made upon the claim by himself or 81
tore; that the plat " correct, with such furt
description by such reference 20 natural obje
or permanent monuments as shall identify
claim and furnish an accurate description, to
Incorporated in the patent. AT the expiration
the sixty days of publication the claimant 81
Sic his affidavit showing that the plat and
ace have been posted in a eonspicuous 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
at the expiration of the sixty days Of publicat
it shall be assumed that the applicant is EMIT
to a patent, upon the payment to the proper
fcer of five dollars per acre. and that no advt
claim exists: and thereafter no objection Fl
third parties to the issuance of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SIC T. That where an adverse claim shall
filed during the period of publication, it shall
upon oath of the person or persons making
same. and shall show the nature. boundar
and extent of such adverse claim, and all /
eeedings, except the publication Of notice I
making and filing of the affidavit thereof, 81
he stayed until the controversy shall have b
settled or decided by court Of competent jul
a,ct,n,, mr. he adverse claim waived, 1t sl