Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-08
THE PIocHE DAILY RECORD.
MINING LAW.

Law, Of Congress Governing ihe Local
tion, Holding and Working of
Mining Claims Upon the Public
Domain.
Below Will he found an abstract of the Mining
Laws Of the United States, as passed by Con-
grsss and approved May 10, 1872. These are the
last. and hence the only mining laws Of general
interest and force. with the single exception offs
portion Of section 6, In reference to the reloea-
.iou Of claims and mines located prior to the
passage Of the general mining law. The ACT
Amending the section alluded to will also be
fourd. following the general law modifying sec
ton g. 80 that q claim located prior 20 May 10,
1872. Is not subjec; to relocation until June 10,
1874
AN ACT to promote the development Of the
Mining resources Of the United States
Be IL enacted by the Senate and House of Rep
resentatiyes of the United States of America in
Congress assembled, That all valuable mineral
deposits in lands belonging to the United States,
both surveyed and unsurveyed, are hereby de-
clared 20 be free and open TO exploration and
purchase and the lands in which they
are found 10 occupation and purchase
by citizens of the United States aud
those who have declared there intention 70 be-
come such, under regulations prescribed by law,
tUQ Accounting 10 The local CustOHt cr ruits OF
miners, in the several mining districts, 80 far
the same are applicable and not inconsistent
with the laws of the United States.
SEC. Q 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 as 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
ana orr mr. eQlAl. but shall not
exceed one th ousand 1--WE hundred feet in length
along the vein OF lode; but no location OF a min
lag 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 lln-
tied by any mining regulation to less than TWEEN
ty-fve feet each side Of the middle Of the vein
81 the surface, except where adverse rights exist
ing ut the passage Of this act shall render such
limitation necessary. The end-lines Of each
claim shall be parallel to each other.
SEC. 3. Thst the locators of all mining loca-
tions 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 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
possssGory 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 hedges throughout the entire
depth, the top or apex of which lies inside of
such surfaee-lnes extended downward vertical
ly, although such veins, ledes or 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 be confined to such
portions thereof as lie between vertical planes
drawn downward as aforesaid, through the end
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 surfacs of claim owned or possessed
by another.
SEC. 4. That where n tunnel is run for the
development of 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
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 rs an abandon
ment of the right to eli undiscovered veins on
the line of said tunnel
SEC o. That the miners Of each mining dis
trict may make rules and regulations not In con-
hict 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 t0
hold possession of a mining claim, subject &c
the following requirements: Location must b.
distinctly marked on the ground 80 that it,
boundaries can be readily traced. All records o.
mining claims hereafter made shall contain the
name or names of the locators, date Of the loea
ton, and such a description of the claim OF
claims located by referenence to some natural
object or permanent monument at will identity
the claim. On each claim located after the pas
sage of this act, and until patent shall have
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 thii
act. ten dollars worth of labor shall
be performed or improvements made
each year for each one hundred fee
in length along the vein until patent shall
have been issued therefor; but where such claim
are held In common, such expenditure may b
made upon any one claim; and upon a failure Il
comply with these conditions, the claim or mini
upon which such failure occurred shall be opel
to relocation in the same manner rs II no loca
ton of the same had ever been made: Provided
That the original locators, their heirs
assigns, or legal representatives, have not re
sumed work upon the claim after such failur
and before such location. Upon the failure o
any one Of several co-owners to contribute hi
portion of the expenditures required by this act
the co-owners who have performed the labor O
made the improvements may, at the expiration
OF the year. give such delinquent co owner per
sonal notice in writing or notice by publication
in the newspaper published nearest the claim
for at least once week for ninety days, and ii a
the expiration of ninety days after such notice i
writing or by publication such delinquent shoul
fail refuse to contribute his proportion t
comply with this act, his interest in the clair
shall become the property of his co-owners VIII
have made the required expenditures.
SEC. q. That patent for any land elaine
and located for valuable deposits may be oil
tanned in the following manner: Any person
association, or corporation authorized to locate
claim under this act, having claimed and locate
piece OF land for snch purposes who has,
have, complied with the terms Of this act, ms
file in the proper land-ofice an application for
natent, under oath, showing such complianc
slgether with plat and feld-notes Of the clai
claims in common, made by or under the d
ection Of the United States Surveyor Genera
showing accurately the boundaries Of the clai
or claims, which shall be distinctly marked
monuments on the ground, and shall post a COZ
of such plat, together with notice OF sue
application for q patent, in q conspicI
Gus place on the land embraced in such plat pr
vious to the filing of the application for pa
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
to patent for said land, in the manner follow
ng: The register Of the land-ofhce, upon Il
hling Of such application, plat, field notes, n
tees and afhdavits, shall publish q notice tn
such application has been made. for the perit
of sixty days, in q newspaper T. 3e by him desi
mated rs published nearest to said claim; and
shall also post such notice in his Office for Il
same period. .clsim at the time of fill
this application. lat any time thereafter, wit
In the sixty days of publication, shall file wi
the register certificate of the United Stat
Surveyor General that five hundred dolla
worth Of labor has been expended or improv
ments made upon the claim by himself or gra
tors; that the plat ia correct, with such furth
description by such reference to natural objec
or permanent monuments as shall identify Il
claim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days OF publication the claimant sha
ale his AFFIDAVIT, showing that the plat and n
ice have been posted in conspicuous place G
the claim during said period of publication.
no adverse claim shall have been filed with Il
register and the receiver of the proper land.offi
at the expiration of the sixty days Of publicatio
IL shall be assumed that the applicant Ia entiflt
to patent, upon the payment to the proper Q
hcer of five dollars per acre, and that no adver
claim exists; aud thereafter no Objection fro
third parties to the issuance Of patent shall !
heard, except it be shown that the applicant hi
failed TO comply with this act.
SEC. Z. That where an adverse claim shall
filed during the period Of publication 1t shall l
upon oath of the person or persons making IL
same, and shall show the nature, boundarie
and avt6pt nj auc1l al vpraa claim, md ali M,