Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-25

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. and hence the only mining laws Of general
interest and force. with tine single exception of
portion Of section 5. in reference to the reoca-
tion OF claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded to will also be
found. following the general law modifying sec
tion 5, so that a claim located prior to May 10,
1872, is aot subject to relocation until June TO-
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
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 unsuryeyed, are hereby de-
clared to be free and open to exploration and
purchase, and the lands in which they
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 rules of
miners, in the several mining districts, 80 far ar
the same are applicable and not inconsistent
with the laws of the United States.
SEC. 2. 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 Ms to length along the vein or lode by
the customs, regulations, and laws in force at
the da e 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 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. shall claim liz linn
tied by any mining regulation TO less than TWEEN.
ty-fve feet on each side of the middle Of the vein
at 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.
SIC. }. That 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 ut 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 ell 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
ly, although such veins, lodes 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
lines of their locations, 10 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 claim owned or possessed |
by another.
SEGA. That where a 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 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. 3. That the miners Of each mining dis
trict may make rules and regulations not i'll 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 to
hold possession of mining claim, subject To
Inc following requirements Location must DE /
distinctly marked on the ground that its
boundaries can be readily traced. All records of |
mining claims hereafter made shall contain the
name or names of the lOcators, date Of the lOca-
ton, and such u description of the claim or
claims located by referenence to some natural
object or permanent monument as will identify
the claim. On each claim located after the pas
sage of this act, and until patent shall have
been issued therefor, less than one hundred
dollars worth of labor shall be performed or i'm
provements made during each year. On all
claims located prior to the passage of this
act, ten dollars worth of labor shall
be performed or improvements made
each year for each one hundred feet
in length along the vein until patent shall
have been issued therefor; butw such claims
are held in common such expenditure may be
made upon any one claim; aud upon a failure to
comply with these conditions, the claim or mine
upon which such failure occurred shall be open
to relocation in the same manner If 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 failure
and before such location. Upon the failure of
any one of several co-owners to contribute his
portion of the expenditures required by this act
the co-owners who have performed the labor or
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 if at
the expiration of ninety days after such notice in
writing OF by publication such DELINQUENT should
fail or refuse to contribute his proportion to
comply with this act, his interest in the claim
shall become the property of his co-owners who
have made the required expenditures.
SEC. 6. That patent for any land claimed
and located for valuable deposits may be OBJ
tained in the following manner: Any person.
association. corporation authorized to locate A
claim under this act, having claimed and located
II piece of land for snch purposes, who has or
have, complied with the terms of this act may
mo fha LAND
patent. under oath, showing such compliance
together with plat and feld.notes of the claim
or claims in common made by or under the di.
rection 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 a COPY
of such plat, together with a notice of such
application Tor patent, in a conspicu-
Gus place on the land embraced in such plat pre-
'ious to the filing of the application for pat
tnt, and shall file an affidavit of at least two
persons that such notice has been duly posted as
aforesaid, and shall file n copy of said notice in
such land-oiiice. and shall thereupon be entitled
to patent for said land, in the manner follow.
ing: The register of the nd-ofiice upon the
filing of such application, plat. field.notes, no.
tices and atfdavits, shall publish q notice that
such application has been made, for the period
of sixty days, in a newspaper to be by him desig.
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 filing
thiS UT NJ thereafter, with |
in the sixty days Of publication, shall file with
the registers certificate of the United States
Surveyor General that five hundred dollars i
worth Of labor has been expended or improve !
nents made upon the claim by himself or gran c
ors; that the plat is correct, with such further
description by such reference to natural objects C
r permanent monuments shall identify the | u
lain, and furnish an accurate description to be
in the patent At the expiration of s,
he sixty days of publication the claimant shall IN
lie his affidavit, showing that the plat and no. 10
co have been posted in conspicuous place on | 81
lie claim during said period OF publication If as
adverse claim shall have been filed with the tn
giser and the receiver of the proper land-ofce To-
the expiration Of the sixty days of publication La
shall be assumed that the applicant is entitled tn
q patent, upon the payment to the proper Of by
er OF five dollars per acre, and that no adverse ow
lin exists; and thereafter no objection from oW
lrd parties to the issuance of patent shall be ais
ard, except it be shown that the applicant has dee
led to comply with this act.
SEC I. That where an adverse claim shall be- | sist
ID during the period Of publication it shall be TIL
on oath OF the person persons making the str,
ne, and shall show the nature, boundaries in !
d extent OF such adverse claim, and ali pro ADJ
,dings, except the publication of notice and
king and filing OF the affidavit thereof sb.Ii IN