Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-14
DAILY RECORD
MINING Law.
Laws OF Congress. Governiug the Loen-
ton, Holding and Working OF
Mining Claims Upon the Public
Domain.

AeAabhS -AAo
Mining Claim. Upon the Public
Domain.
Below will be found an abstract Of the Mining
Laws Of the United States as passed by Con
gress and approved May 10. 1872. These are the
last. snd hence the only mining laws Of general
interest and 1, rec with tine single exception Of
portion Of section S, in reference to the rcloca-
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 tho general law modifying sec
ton 5, so that claim located prior to May 10.
1872, Is not subject to relocation until June 70,
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
rrsCntaiiyes Of the United States Of America in
Congress assembled, That all valuable mineral
deposit. in lands belonging to the United States.
both surveyed and unsuryeyed, are hereby de-
clared to be 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 aud
those who have declared there intention to be-
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 applielole and not inconsistent
with the laws the United States.
SEC ?. That mining claims upon veins or
lOdes OF quartz or other rock in place bearing
gold silver, CinnRbar, 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 al
the Dis OF their location. A 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 a 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-fye feet on each side Of the middle Of the vein
at the surface. except where adverse rights CNist
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. 3. That the lOcators Of all mining l0ca-
tons 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
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
H. although such veins lOdes or lodges may So
Tar 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
lines Of their locations 50 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 a claim owned or poss sscd
by another.
SEC 4 That where a tunnel is rur for the
development 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 il discovered from the surface; and
locations on the line OF such tunnel Of veins or
lotes 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 mouths shall be considered as an abandon.
ment OF the right to all undiscovered veins on
the line OF said tunnel.
SEC. 8. That the miners Of each mining dis.
trlct 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 tn,
district Is situated, governing the location man
uer Of recording, amount Of work necessary t.
hold possession Of mining claim, subject u
the following requirements: Location must u
distinctly marked on the ground that il
boundaries can he readily traced. All records q
mining claims hereafter made shall contain tn
Uane or names Of the locaturS, date Of the lOri
ton, and srrh description Of the claim O
claims located by referenence to some natura
object or permanent monument as will identif
the claim. On each claim located after the pas
rage Of this act, and until patent shall Lay
been issued therefor, no less than one hundrc
dollars worth Of labor shall be performed or i'm
proyenents made during each year. On al
claims located prior to the passage Of thi
net, ten dollars worth Of labor Ehal
be performed or improvements mad
each year for each one hundred fee
IN length along the vein until patent shall
have been issued therefor butwhere 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 Ope
to relocation il the same manner as if no lOCI
ton of TN sane had ever been made: Provided
That the original locators, their heir!
assigns or legal representatives,, have not II
sumed work upon the claim after such failur
aud before such location. Upon the failure [
any one Of several co-owners to contribute hi
portion Of the expenditures required by this &C
the cO-owners who have performed the labor {
made the improvements may, at the expiratio
Of the year give such delinquent CO owner pc
sOnal notice in writing or notice by publcatiO
in the newspaper published nearest the CLAIM
for at least once week for ninety days, and if
the expiration of ninety days after such notice /
writing or by publication such delinquent shoul
fail or refuse to contribute his proportion
comply with this act his interest in the clail
shall become the property of his co-owners VIII
have made the required expenditures.
SEC. G. 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 ma
file in the proper land-ofiice an application for
patent, under oath, showing such compliance
together with plat and heldnotes Of the clail
or claims in common, made by or under the d
rectiOn Of the United States Surveyor Genera
showing accurately the boundaries Of the clail
or claims, which shall be distinctly marked b
monuments on the ground, and shall post a cop
of such plat, together with a notice of sue
application for patent, in conspicr
Gus place on the land embraced in such plat pre-
viOus to the filing of the application for q pat
cnt, and shall file an affidavit Of at least tw
persons that such notice has been duly posted a
aforesaid, and shall file copy of said notice i
such land-otice, and shall thereupon be entitle
to patent for said land, in the manner follow
ing: The register Of the land-oflice, upon tn
filing of such application, plat held-nOtes nc
tices and aflidavits, shall publish notice tina
such application has been made, for the perio
of sixty days, in a newspaper to be by him desip
mated as published nearest to said claim; and h
shall also post such notice in his Office for tn
same period. The claim at the time of film
this application, or at any time thereafter, with
in the sixty days of publication, shall file wit
tine register certificate OF the United State
Surveyor General that five hundred dollar
worth Of labor has been expended or improve
ments made upon the claim by himself or graz
tors; that the plat is correct, with such furthe
description by such reference to natural object
or permanent monuments as shall identify tn
claim, and furnish an accurate description, to b
incorporated in the patent. At the expiration c
the sixty days Of publication the claimant sha
file his affidavit, showing that the plat and NJ
tce have been posted in a conspicuous place o
the claim during said period Of publication.
no adverse claim shall have been filed with tn
register and the receiver of the proper d-offc
at the expiration of the sixty days of publicatio
1t shall be assumed that the applicant is entitle
to patent upon the payment to the proper OF
fcer Of Ave dollars per acre, and that no advers
claim exists; and thereafter no objection fron
third parties to the issuance of patent shall b
heard, except it be shown that the applicant ha
failed to comply with this act.