Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-22

Below will he found al Gbstrac. OF tho Mining
Laws Of the United States, SIS passed by Con
gress and approved May 10, 1871. These s-e the
last, and hence tho only mining laws Of general
interest and 9 rec, with tue single exception ofG
portion Of section s, in reference to the reloca-
tion of claims and mines located prior to the
passage Of the general mining 'lw. The Act
amending the section alluded 10 viii also be
found. following the general law modifying sec
ton {, SO that claim located prior to May 10,
1871, Is not subject to relocation until June 10,
1874.
AN ACT to promote the development: 0. the
Mining resources Of the United States
BE It enacted by the Senate and House Of Rep
rsseniatives of the United States Of America In
Congress assembled, Thst all valuable mineral
deposits in lands belonging to the United States,
both surveyed and unsurveyed. are hereby de-
cIared 10 b. 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 local customs or rules Of
miners, in the several mining districts, % far Is
the same are apple Die and not inconsistent
with the laws Of the United States.
SEC. p That mining claims upon veins CT
lodes OF quartz or other roek ia place bearing
gold silver c!nnabar lead. tin, copper, or other
valuable deposits heretofore located, suall be
governed IS u length along the vein or lode Is
the customs. equations, and laws ia force 81
the dafe Of eirlOcaton. 4 mining claim located
after he passage OF this act, wl..LCr located by
one or more persons. may equh, bat shall not
exceed one thousand five hundred feet in len-th
along the vein OF lode: but no location o. a min
ing claim shall he made until the discovery Of
the vein or lode within the limits VI 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- linz
tied by any mining regulation - less than TWEEN.
ty.hve feet on each side Of the middle Of tie vein
al the surface, except where adverse rights gA.st
ing at the passage Of thi act shall render such
limitation necessary. The Cnd-llues ot ea,h
claim shall be parallel to each other.
SEC. J. That the lOeato-s Of all mining luca-
tons heretofore made or which shall hereafter
be made. any mineral VEN, lode, or ledge, Sit
uated on the public domain. their heirs and Us
signs, where un adverse claim exists 81 the pas
sage Of this act so long As they comply with the
laws Of the United States, and the State, Teri.
torial and local regulations not in conflict w'lh
said laws OF the United States governing their
possesSory title, shall have the exclusive RICH: Of
possession aud enjoyment Of all the surface iu-
cluded within the lines OF their locations and Of
all veins, lOdrs, and lrdges throughout the entire
depth, the top or apex Of which lies inside OF
such sur'Gce-linos extended downward vertical
ly, although such veins, lOdes or Lodges may
far depart from perpendicular in their course
downward to extend outside the vertical side
lines of said surface locations: PROVIDED that
their right rl possession to such outside parts
of such veins or lodges shall be confined TO such
portions thereo! 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 inters-Ct
such exterior parts Of said vcils or ledges: And
provided further, that nothing il this section
shall authorize the locator or pUssessor Of vein
CT lode which extends in its downward course
beyond the vertical lines Of his claim to enter
the Surfsrp az claim owned
by another.
SEC l. Thst where a tunnel is rur for The
development OF vein or lode or FOR the disCov-
cry of mi es the owners of such tunnel Shall
have the right Of possession o. all veins or lodCs
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 a. II discovered from the surface; and
locations on the line vi such tunnel Of veins or
lOdes not appearing on the suripCe, made by
other parties after the commencement Of the
tunnel, and while the same ID being prosecuted
with reasonable diligence, shnll be invalid; but
failure to prosecute the work on the tunnel for
six mouths shall be considered as abandon
rnent Of the right 10 all undiscovered veins on
the line OF said tunnel.
SEC s. Tn I The miners Of each mining dis
trict may make rules and regulations not in con-
fct with the laws Of the United States, with
the laws OF the State or Territory in which the
district is situated, governing the location,
ner OF recording, amount OF work necessary Ia
hold possession Of 4 mining claim, subject 10
the following requirements: Location iuust br
distinctly marked on the ground So that rs
boundaries can be readily traced. Al r. cords Of
mining cluirus hereafter made shall contain the
name or names OF the locators date OF the Iusa.
ton, and such description of the claim OF
claims located by refereneuce to some natural
object or permanent monument rs will identity
the claim ON each claim located after the pas
sage OF this act and untl a patent shall have
been issued tn, refor, no less than one hundred
dollars worth or labor shall be performed OF i'm
provements made during each year On all
claims located prior to the passage Of this
act, ten dollars, worth Of labor shall
lie performed or improvements made
each year for each one hundred feet
In length along the vein until patent shall
have been issued therefor but where such claims
are held IL Common, such expenditure may b.
made upon any one claim; aud upon failure &C
comply with these conditions the claim or mine
upon which suru failure occurred shall be opeI
TO relocation IN the same manner as II 10 lnca
ton Of the SAW hsd er been made Provided
That the original lOcators, their heirs
assigns, or legal representatives have not re
sumed work upon the claim after such fGiiur,
and before such location. Upon the failure q
any one Of several cO-Owncrs to contribute hi
portion of the expenditures required by this act
the co-owners who have performed the labor u
made the improvements may, at the expiration
OF the year, give such delinquent owner per
Bonsl notice in writing or notice by publication
in the newspaper published nearest the claim
for at least a week for ninety days, and if 4
the expiration OF ninety days after such notice il
writing or by publication such delinquent SHOULD
fail or refuse TO c0ntTibIte his proportion L
comply with this act, his interest in the claim
shall become the property Of his co-owners VIII,
have made the required expenditures.
Sue c. That patent for any land claimct
and located for valuable deposits may be ob
tanned in the following manner Any person
association OF corporation authorized to locate ;
claim under this act, having claimed and LOCATED
piece Of hand for snch purposes, who has, Of
have, complied with the terms OF this act, ma!
Tie in the proper land office an application for
patent, under oath, showing such compliance
together with plat and field notes Of the CLAIM
claims in common, made by or under the di
rectiou of the United States Surveyor General
showing accurately the boundaries Of the claim
or claims which shall be distinctly marked by
monuments on the ground. and shall post Il copy
Of such plat, together with notice Of such
application for patent, IN cOnsplcu
Gus place on the land embraced in suCh plat pre-
vious to the filing of the application for pat
tnt, and shall fills an affidavit Of at least two
persons that such notice has been duly posted as
aforesaid and shall file copy Of said notice il
sucn land-oifice, and shall taereupon be entitled
TOT patent for said land, in the manner follow
Ing The register Of the land-oiice, upon the
fIing Of such application, plat, feld-notes no.
tees and afidavits, shall publish q notice that
such application has been made, for the period
of sixty days in newspaper to be by him desg
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 films
this application or at any time thereafter, with
in the sixty days Of publication, shall file witt
the register certificate of the United State
Surveyor General that 1--WE 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 object.
or permanent monuments as shall identify thu
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
tce have been posted in a conspicuous place OF
the claim during said period OF publication. 1
no adverse claim shall have been filed with tn,
register and the receiver OF the proper land-offic
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 i've dollars per acre, and that no adverse
claim exists; and thereafter no objection from
third parties to the issuance Of patent shall b,
heard, except it be shown that the applicant ha,
failed to comply with this act.
SEC. l. That where an adverse claim shall bt
fled during the period of publication, it shall be-
upon oath Of the person or persons making tht
same and shall show the nature, boundaries