Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-28
The PlQcHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Losa-
ton. Holding and Working Of
Mining Claims Upon the Public
nnnnaiu

Below will h. found an abstract Of the Mining
Laws OF the United States, as passed by Con
sress and approved May 10. ls72. Tl-ess art the
Iast and hence the only mining laws Of general
interest and foroe, with tine single exception Of a
portion Of section ), in reference 10 the rslOcE-
tion OF claims and mines located prior 10 the
passage Of the general mining law. The Act
amending the section alluded to viii also be
found. following the general Law modifying sec
ton g. 50 inst claim located prior to May 10,
1874, is not subject to relocation until June 10,
1874
An ACT to promote the development Of the /
Mining resources of the United States'
Be 1t enacted by the Senate and House of Rep /
reseutaiives Of the United States Of America IN /
Congress assembled, That all valuable mineral .
deposits In lands belonging TO the United States, .
both surveyed and unsuryeyed, are hereby de- I
elhrsd 10 be- free and open to exploration and I
purchase. and the lands in which they |
ars found to occupation and purchase |
by citizops Of the United states and
those who have declared there intention to b.
come such, under regulations prescribed by law
and according 10 the local customs or rules Of
miners in the several mining districts, 80 far as
The same are applicable and not inconsistent
sith the laws Of the United States.
SEC. 2 That mining claims upon veins CT
iOles OF quartz or other rock In place bearing
gold silver, cinnsbar, 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
the ds'e Of their location. mining claim located
after the passage OF this act, whether located 10y
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 a min
ing claim shall he 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 De I'M
tied by any mining regulation 10 less than TWEEN
ty.nve 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-lineT Of each
claim shall be parallel TO each other.
SIC. 3. That the locators Of all mining loca-
tons heretofore made, or which shall hereafter
be made, any mineral vein, lode, or ledge, sit
aated on the public domain, their heirs and as
signs, where no adverse claim exists at the pas
sage Of this act, 30 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
cluded 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-lines extended downward vertical
w. 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
ut such veins or lodges shall be 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
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
thu surface of a claim owned or Possessed
by another.
SEC l. That where tunnel Is run for the
aeyelopment OF a 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 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 for
six months shall be considered as an abandon
ment Of the right to all undiscovered veins on
the line Of said tunnel.
SEC s. That the miners Of each mining dis
trict may make rules and regulations not in con
rict with the laws of the United States, or will
the laws Of the state or Territory in which tn
district is situated, governing the location, man
ner Of recording, amount Of work necessary t
the following requirements: Location must b
distinctly marked on the ground so that II
boundaries can he readily traced. All records c
mining claims hereafter made shall contain til
name or names Of the lOcators, date of the lOci
ton and such a description Of the claim
claims located by reference to some naturs
object or permanent monument as Will identii
the claim. On each claim located after the pas
rage OF this act, and until patent shall hav
been issued therefor, no less than one hundre
dollars worth OF labor shall be performed or in
provements made during each year On a
claims located prior to the passage Of tn
act, ten dollars worth Of labor sha
be performed improvements mad
each year for each hundred fee
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 opt
to relocation in the same manner as If no loo
ton of the same had ever been made: Provide
That the original locators. their heir
assigns, or legal representatives, have not 7
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several co-owners to contribute h
portion OF the expenditures required by this az
the co-owners who have performed the labor
made the improvements may, at the expirati'
Of the year, give such delinquent co owner p,
sonal notice in writing or notice by publicat
In the newspaper published nearest the clan
for at least once a 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.
SEC. 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 local
piece of land for snch purposes, who has,
have complied with the terms Of this act. n
flie in the proper land-ofhce an application fo
patent, under oath, showing such complain
together with plat and teld-notes OF the ella
claims in common, made by or under the
rection of the United States Surveyor Genei
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 81
application for patent, in conspi
Gus place on the land embraced in such plat p
yious to the filing of the application for a =
.ut, 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 office. and shall tiereupon be EMIT
to a patent for said land, in the manner follC
ing: The register Of the land-ofice, upon
Ming OF such application. plat, feld-notes,
tees and affidavits, shall publish notice t
such application has been made, for the per
of sixty days, in a newspaper De by him de
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period. = claim at the time OF nj
this application, olat any time thereafter, W
in the sixty days of publication, shall file "
the register certificate of the United st;
Surveyor General that five hundred doll
worth Of labor has been expended or impro
ments made upon the claim by himself or gr
tors; that the plat is correct, with such furt
description by such reference to natural obje
or permanent monuments ms shall identify
claim, and furnish accurate description. to
incorporated in the patent. AT the expiration
the sixty days Of publication the claimant 81
ale his affidavit, showing that the plat and
zee 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-of
at the expiration of the sixty days Of publicat
1t shall be assumed that the applicant ia EMIT
to patent, upon the payment to the proper
ncer 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 IL be shown that the applicant
Failed to comply with this act
Sec Z. That where an adverse claim shall
nled during the period Of publication, 1t shall
upon oath of the person or persons making
same, and shall show the nature, boundar
and extent Of such adverse claim, and alfI
peedinps except the publication OF notice