Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-27
the PIOcHE DAILY RECORD.
MINING Law.
Laws Of Congress Governing the Local
lion, Holding and Working of
Mining Claims Upon the Public
nnuuain-


Below will be found an abstract Of the Mining
Laws of the United States. As passed by Con
sress and approved May 10. 1s72. Thess are the
last. and hence the only mining laws Of general
interest and force, with tine single exception Of
portion Of section 5, in reference to the reloca-
ton Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded 10 will also be
found, following the general law modifying SEQ
ton 5. 50 that a claim located prior to May 10,
1871, is not subject TO relocation until June 10,
leT4
AN ACT to promote the development Of the
Mining resources of the United States
Be IL enacted by the Senate and House Of Rep
reseutAtiyes 81 the United States u America IN
Congress assembled. That all valuable mineral
deposits in lands belonging TO the United states,
both surveyed and unsuryeyed, are hereby de-
elared 10 be free and open to exploration ana
purchase and the lands in which they I
are found to occupation and purchase /
by citizens Of the United States and |
those who have declared there intention to De-
come such, under regulations prescribed by law, /
and according to the local customs or rules OF
miners in the several mining districts. so far a.
the same are applicable and not inconsistent /
with the laws Of the United States.
SEC. ,. That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold silver einnabar, lead. tin, copper, or other
valuable deposits heretofore located, shall be
governed as to length along the vein or lode by
the customs, regulations, aud laws in force at
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 five hundred feet in length
along the vein or lode; but no location OF q 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 lin
tied by any mining regulation to less than TWEEN
ty-fiye feet 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. 8. That the lOcAtOrs Of all mining lOca-
tions 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 al the pas
sage Of this act, so long Is they comply with the
laws Of the United States, and the state, Terri
t0ral and local regulations not in conflict with
said laws of the United States governing their
pOssesGory title shall have the exclusive right of
possession and enjoyment OF all the surface in.
Guided within the lines Of their locations and OF
sill 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 OF 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
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 as aforesaid, through the end
lines of their locations, so continued in their
own direction that such planes will inteTsect
such exterior parts Of said veins Or lodges: And
provided further, that nothing in this section
ahall authorize the locator or pOssessOr OF Il vein
OF lode which extends i'll its downward course
beyond the vertical lines Of his claim to enter
upon the surface OF claim owned or possessed
by another.
development OF q vein or lode, or for the discOv
cry of mines, the owners OF sucA tunnel shall
have the right OF possession Of all veins or lude5
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 if 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 Us an abandon
nent Of the right to all undiscovered veins ON
the line OF said tunnel.
SEC 8. That 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 mining claim, subject t.
the following requirements; Location must b'
distinctly marked on the ground so that it,
boundaries can be readily traced. All records Of
mining claims hereafter made shall contain the
name names Of the lOcators, date of the doca
ton, and such description of the claim OF
claims located by rcferenence to some natural
object or permanent monument al will identify
the claim. ON each claim located after the pas
sage of this act, and until patent shall hav,
been issued therefor, no less than one hundred
dollars worth Of labor shall be performed or i'm
provements made during each year. On al
claims located prior to the passage OF THU
act, ten dollars worth of labor shal
he performed or improvements mad,
each year for each hundred fee
in 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 such failure occurred shall be opel
to relocation in the same manner as If no loca
ton of the same had ever been made; Provided
That the original locaturs, their heirs
assigns, or legal representatives, have not r,
sumed work upon the claim after such falur
And before such location. Upon the failure q
any one of several cO-owners to contribute hi
portion of the expenditures required by this nc
the co.owners who have performed the labor c
made the improvements may, at the eXplratio
of the year, give such delinquent co.owner pc
sonal notice in writing or notice by pubhcatio
In the newspaper published nearest the CLAIM
for at least once u week for ninety days, and if
the expiration of ninety days after such notice
writing orby publication such delinquent shoul
fail or refuse to contribute his proportion
comply with this act, his interest in the clai
shall become the property of his co-owners wi
have made the required expenditures.
SEC. q. That patent for any land clam
and located for valuable deposits may be o
tanned in the following manner: ANY perso
association or corporation authorized to locate
claim under this act, having claimed and locat
piece OF land Tor snch purposes who has,
have, complied with the terms of this act, m
,,,t I,n 1an I.pff ~, of 20
patent, under oath, showing such complain,
together with plat and teld-notes of the clai
or claims in common. made by or under the
rection of the United States Surveyor Gener
showing accurately the boundaries Of the cai
or claims which shall be distinctly marked
monuments on the ground, and shall post COZ
of such plat, together with notice of SUI
application for patent, in conspc
GUS place on the land embYaced in such plat pr
vious to the filing Of the application for J.,
ent, and shall file an affidavit Of at least tN
persons that such notice has been duly posted
aforesaid, and shall file COPY of said notice
such land-ofice and shall thereupon be entitl
to a patent for said land, in the manner folio
ing: The register of the land-ofice, upon t
filing of such application, plat heldnotes, L
tees and afiidavts, shall publish notice I'll
such application has been made for the peri
of sixty days, in a newspaper : oe by him DIES
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period. :" ,claiIn at the time of fill
this application o lat any time thereafter, wi
In the sixty days OF publication, shall file W
the register certificate of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
Ynents made upon the claim by himself or gri
tors; that the plat is correct, with such furtl
description by such reference to natural obje,
or permanent monuments shall identify {
claim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days of publication the claimant sh
Ale his affidavit. showing that the plat and
ace have been posted in aconspicuous place
the claim during said period of publication.
no Diverse claim shall have been filed with
register and the receiver of the proper land-off
at the expiration of the sixty days of publicati
1t shall be assumed that the applicant is EMIT
to patent, upon the payment to the proper
fieer of Ave dollars per acre, and that no adve
claim exists; and thereafter no objection fr
third parties to the issuance of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SEC, Z. That where an adverse claim shall
filed during the period of publication, it shall
upon oath of the person or persons making I
same, and shall show the nature, boundari
and extent of such adverse claim, and all p