Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-21
DAILY RECORD
AIMING law.
Law. Of ongress Governing the Local
ton, Holding and Working OF
Mining Claims Upon the Public
Domain.

Domain. :,
Below will b. found an abstract Of the Mining r
laws Of the United States. n passed by Con- !
rress and approved May 10. ls72. These are the q
asst. and hence the only mining laws Of general !
nteres, and force. with tine single exception Of
norton Of section 5. in reference TO the reloca-
ton Of claims and mines located prior to the
massage q the general mining law. The Act
amending the section alluded 10 will also be
found. following the general law modifying sec
ton 5, SO that claim located prior to May TO-
1872. 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
r,seutatiyes 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
are found TO occupation and purchase
BY citizens Of the United states and
those who have declared there intention TO he
come SUCH under regulations prescribed by law.
and according to the local customs or rules oil
miners in the several mining districts so Tar as
the same 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 cinnabar, lead, tin, copper, or other
valuable deposits heretofore located, shall be
governed AZ to length along the vein or lode by
the customs, regulations, ana laws IN force AZ
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 snail 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, nor shall any claim De I'M
tied by any mining regulation to less than TWEEN.
ty-tive feet on 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 sach
limitation necessary. The end-lines a eaeh
claim shall be parallel to each other.
SIC. 3. That the locators of all mining loea-
tons heretofore made, or which shall hereafter
he made on any mineral vein, lode or ledge, sit
uated on the public domain, their heirs ana as
signs where no adverse claim exists at the pas
sage of this act, 80 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
pussesaory 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 oil
such srrface-lines extended downward vertical
w. 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 part :
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, so continued IN their
own direction that such planes will intersect
such exterior parts of said veins or lodges: Ana
provided further, that nothing in this section
shall authorize the locator or possessor of a vein
or lode which extends in its downward course
h.ynui he vertical lines of his claim TO enter
upon the surface of a claim owned or posse ssed
by another.
SIC L. That where L tunnel is run for the
development Of q vein or lode, or for the discov
cry of mines. the owners of such tunnel snail
have the right of possession of all veins 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 SAINT
extent as II discovered from the surface; and
locations on the line OF such tunnel of veins Of
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 he invalid; bu
failure to prosecute the work on the tunnel fol
six months shall be considered as an abandon
ment OF the right to all undiscovered veins OF
the line Of said tunnel
SEC s. That the miners Of each mining dis
trict may make rules and regulations not i'll con
flct 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
~
hold possession of mining claim, subject t
the following requirements: Location must h
distinctly marked on the ground SO that il
boundaries can be readily traced. All records {
mining claims hereafter made shall contain til
name or names OF the lOcatorH, date Of the loci
ton and such description of the claim {
claims located by referenence to some naturi
object or permanent monument as Will identif
the claim. On each claim located after the pa
sage OF this act, and until a patent shall haS
been issued therefor, no less than one hundre
dollars worth OF labor shall be performed or in
provemcnts made during each year. On a
claims located prior to the passage of tn
act, ten dollars worth of labor sha
he performed or improvements ma
each year for each one hundred fe
in length along the vein until patent sha
have been issued therefor; but where such clair
are held in common, such expenditure may
made upon any one claim; and upon failure
comply with these conditions, the claim or mi
upon which such failure occurred shall be op
to relocation i'll the same manner as If no loo
ton of the came had ever been made; Provide
That the Original locators, their hei
assigns, or legal representatives. have not
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several co-owners to contribute
portion Of the expenditures required by this 4
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 publicati
in the newspaper published nearest the clai
for at least once a week for ninety days, and if
the expiration of ninety days after such notice
writing orby publication such delinquent shol
fail refuse to contribute his proportion
comply with this act, his interest in the ella
shall become the property of his co-owners "
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 loca
piece of land for snch purposes, who has,
have, complied with the terms of this act, II
file in the proper land-oiice an application fo
patent under oath, showing such complain
together with a plat and tieldnotes of the ella
claims in common, made by or under the
raction of the United States Surveyor Genel
showing accurately the boundaries of the ella
or claims which shall be distinctly marked
monuments on the ground and shall post CT
of such plat, together with notice of 81
application for patent, in conspi
GUS place on the land embraced in such plat !
vious to the filing of the application for a /
ent, and shall file an affidavit Of at least |
persons that such notice has been duly posted
aforesaid, and shall file copy of said motto,
such land-oflce, and shall taereupon be EMIT
to patent for said land, in the manner foil
ing: The register Of the land-ofiice, upon
filing of such application, plat. ield-notes,
tees and ailidavits, shall publish a notice
such application has been made, for the per
Of sixty days, in newspaper to be by him de
mated ns published nearest to said claim; and
shall also post such notice in his Office for
same period. The claim at the time of fl
this application, or at any time thereafter, W
in the sixty days of publication, shall file v
the register certificate of the United ST
Surveyor General that five hundred dol
worth Of labor has been expended or impr,
ments made upon the claim by himself or q
tors; that the plat is correct, with such furt
description by such reference to natural obj
or permanent monuments as shall identify
claim. and furnish accurate description, I,
incorporated in the patent. At the expiration
the sixty days Of publication the claimant 81
file his affidavit showing that the plat and
tice have been posted in a conspicuous plac,
the claim during said period Of publication.
no adverse claim shall have been filed with
register and the receiver of the proper land o
at the expiration Of the sixty days of publica
ii shall be assumed that the applicant is enti
to patent, upon the payment to the proper
fcer OF Ave dollars per acre, and that no adv,
claim exists and thereafter no objection Fl
third parties to the issuance of patent shall
heard, except II be shown that the applicant
failed to comply with this act.
SEC. 7. That where an adverse claim shal
filed during the period of publication, it shal
upon oath of the person or persons making
same, and shall show the nature, bounda
and eYtpnf of such Adyersa claim and ali