Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-21
THE PIoCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
. ton, Holding and Working of
Mining Claims 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. and hence the only mining laws of general
interest and force, with the single exception OF
portion of section 5, in reference to the relocs-
tlSn Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded TO will also he
found. following the general law modifying sec
ton 5, 80 that 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 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,
beth surveyed and unsuryeyed, are hereby ne
clared 20 be free and open 10 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 to the local customs or rules Of
miners, IN tine several mining districts, 50 far a.
the same are spplicable and not inconsistent
with the laws of the United States.
SEC. 2. That mining claims upon veins or
lOdes Of quartz or otDor rock in place bearing
gold, silver cinnabar, lead, tin, copper, or other
valuable deposits heretofore located, shall De
governed as to length along the vein or lode by
the customs, regulations, and laws in force a.
the date 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 tn Ousand 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 n the surface. rlFl. claim be linz
tied by any mining regulation to less than twcn-
ty-fve 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 such
limitation necessary. The eud-lines a each
claim shall be parallel to each other.
SEC. g. That the lOcatOrs OF all mining lOcn-
tons heretofore made, or which shall hereafter
be made, any mineral vein. lode, or ledge. sit
uated on the public domain, their heirs and as.
signs, where no adverse claim exists ct the pas.
sage OF this act, long rs they comply wi.h the
laws OF the United States, and the state, Terri
tOria and local regulations not in conflict with
said laws of the United States governing their
pOssessoTy title shall have the exclusive right Of
possession and enjoyment oil all the surface in
Guided within the lines OF their locations and Of
all veins, ludes, and ledge 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 30
lar 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 hedges shall be confined to such
portions thereof as lie between vertical planes
drawn downward 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 pusscssOr 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 possessed
by another.
SEC. 1. That where a tunnel is run 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 ell veins or lules
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 s3luo
extent as IL discovered from the surface; and
locations on the line OF such tunnel ut veins or
lOdes not appearing on the surface, made by
other parties after the commencement OF tho
tunnel, and while the same II being prosecuted
with reasonable diligence, snail 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 Oh
the line OF said tunnel
SEC. .. That tho miners OF each mining dis
trict may make rules and regulations not i'll con-
tiict 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
uer Of recording, amount Of work necessary t.
hold possession Of mining claim, subject I,
the following requirements: Location must b
distinctly marked on the ground so that il
boundaries can be readily traced All records o
mining claims hereafter made shall contain III
name or names Of the lCcators date Of the loCa
ton, and such description OF the claim o
claims located by referenence to some natura
object or permanent monument rs viii identif,
the claim. On each claim located after the pas
sage of this act, and until patent shall havt
been issued therefor, no less than one hundred
dollars worth Of labor shall be performed or i'm
10. Il
claims located prior TO the passage Of thi
act ten dollars worth of labor shal
be performed or improvements mad
each year for each one hundred fee
in length along the vein until patent shal
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 {
comply with these conditions, the claim or min
upon which such failure occurred shall be opc
to relocation in the same manner as IL no loci
ton OF the same had ever been made: Provided
That the original locators, their heiIr
assigns, or legal representatives, have not n
sumed work upon the claim after such faluI
and before such location. Upon the failure {
any one Of several Co-owners to contribute h
portion of the expenditures required by this ac
the co-owners who have performed the labor
made the improvements may, at the eSpiratio
OF the year, give such delinquent cn-owner pc
sonal notice in writing or notice by publicatiC
IN the newspaper published nearest the CLAIM
for at least once week for ninety days, and If
tle expiration OF ninety uHyE Hlltf sHcu lOIlGG
writing Orby publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act, his interest in the clai
shall become the property of his co-owners wi
have made the required expenditure.
SEC. 6. That patent for any land claim
and located for valuable deposits may he o
tanned i'll the following manner: Any perso
association, or corporation authorized to locate
claim under this act, having claimed and iocat
piece of land for such purposes, who has,
have, complied with the terms of this act. IN
file in the proper land-oiiice an application fOl
patent under oath, showing such complant
together with plat and feld-nOtes of the clai
claims in common, made by or under the
rection of the United States Surveyor Gcncr
showing accurately the boundaries of the ca
or claims, which shall be distinctly marked
monuments on the ground, and shall post co
of such plat. together with notice of su
application Cor patent, in conspic
Gus place on the land embraced in such plat pI
vious to the filing of the application for pi
ent, and shall file an affidavit of at least "
persons that such notice has been duly posted
aforesaid and shall file copy OF said notice
such land office, and shall thereupon be entitl
to patent for said land, in the manner folio
ing: The register Of the land Office. upon {
filing of such application, plat, hold-notcs Il
tices and afiidavits, shall publish notice til
such application has been made, for the peri
of sixty days in & newspaper { : BE by him DIES
mated as published nearest to said claim; and
shall also post such notice in ms Office for
same period. "a D. claim at the time of fill
this application, oIst any time thereafter, wi
in the sixty days Of publication, shall file w
the register certificate of tho United sta
Surveyor General that FIVE hundred dolli
worth Of labor has been expended or impro'
ments made upon the claim by himself or gra
tors; that the plat is correct, with such furtl
description by such reference to natural obe,
or permanent monuments as shall identify t
claim, and furnish accurate description, to
Incorporated in the patent. AT the expiration
the sixty days Of publication the claimant shi
-,ls his affidavit. showing that the plat and ]
ace have been posted in n 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-ofl
at the expiration of the sixty days of publicati
il shall be assumed that the applicant is entitl
to patent, upon the payment to the proper
ficer of five dollars per acre, and that no advel
claim exists and thereafter no objection fri
third parties 10 the issuance of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SEC. Z. That where an adverse claim shall
filed during the period of publication, it shall
upon oath Of tho person or persons making (
same and shall show the nature, boundari
and extent of such adverse claim, and all pl
csedings, except the publication of notice a
making and filing of the affidavit thereof, sh,
be stayed until the controversy shall have be
settled or decided By court Of competent jur
diction, or the adverse claim waived. 1t SIN