Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-29
THE PIOcHE DAILY RECORD.
MINING LAW.
Laws of Congress Governing the Local
tion, 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 q
portion of section 5. in reference to the reloes-
ton 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
ton 5, so that claim located prior to May 10,
1872, is not subject to relocation until June 10,
1874
AN ACT to promote the development Of the
Mining resources of the United Ststes'
Be II enacted by the Senate and House Of Rep
resentstiyes of the United States Of America IN
Congress assembled, That all valuable mineral
deposits in lands belonging to the United States,
both surveyed and unsurveyed. are hereby de-
clared to be free and open TO exploration and
purchase. and the lands in which they
are found 10 occupation and purchase
by citizens of the United States and
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 the several mining districts, so far as
the same are applicable and not inconsistent
with the laws of the United States
SIC. 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 rs 10 length along the vein or lode by
the customs, regulations, and laws in force at
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 th ousand fye 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.
tyfIve feet on each side OF the middle OF the VEN
at the surface except where adverse rights exist
ing al the passage OF this act shall render such
limitation necessary. The end-lines Of each
claim shall be parallel to each other.
SEC. 5. That the locators of all mining loca-
tions heretofore made, 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 H.
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 surtace-lines extended downward vertical
ly, 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
tQSlf right OF possession TO suCn OUTSIDE parts |
of such veins 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
upon the surface of claim owned or possessed
by another.
SEC. 4. That where u tunnel is run for the
development OF vein or lode, or for the diseov- |
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 |
20 exist, discovered in such tunnel, to the same |
extent as If discovered from the surface; and |
locations Oh 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. g. 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 with
the laws of the State or Territory in which the
district if situated, governing the location, man
ner OF recording, amount OF work necessary 10
hold possession of a mining claim, subject to
the following requirements: Location must be
distinctly marked on the ground SO 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 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 q patent shall have |
been issued therefor, no 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; butwhere such claims
are held in common, such expenditure may be |
made upon any one claim; and upon failure to
comply with these conditions, the claim or mine
upon which such failure occurred shall be open
to relocation i'll the same manner as If no loca
tiOn 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 or by publication such delinquent should
fail or refuse to contribute his proportion 10
comply with this act, his interest in the claim
shall become the property of his co-owners who
have made the required expenditures.
SIC. G. That patent for any land claimed
and located for valuable deposits may be OBJ.
tanned in the following manner: ANY person
association or corporation authorized 20 locate q
claim under this act, having claimed and located
piece of land for snch purposes, who has, or
have, complied with the terms OF this act NAV
die in the land office n anr1lieat
pstent, under oath, showing such compliance,
,gether with plat and field-notes of the claim
o. claims in common, made by or under the di-
ction 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 copy
OF such plat, together with notice of such
application for q patent in conspicu-
Gus place on the land embraced in such plat pre-.
vtous to the filing of the application for pat
ent, and shall file an affidavit of at least two
persons that such notice has been duly posted as
aforesaid, and shall file copy of said notice in
such land-offce, and shall thereupon be entitled
to patent for said land in the manner follow
ing: The register Of the land-ofice, upon the
filing of such application, plat, feld-notes, no.
tees and aflldavits, shall publish notice that
such application has been made, for the period
of sixty days, in a newspaper T., De by him desig.
mated SIS published nearest TO said claim; and he
shall also post such notice in his office for the
same period. claim at the time of filing
IL
in the sixty days of publication, shall file with
the register q certificate of the United States
Surveyor General that five hundred dollars
worth of labor has been expended or improve
ments made upon the claim by himself or gran.
tors; that the plat is correct with such further
description by such reference to natural objects
or permanent monuments as shall identify the
Claim and furnish an accurate description, to be
Incorporated in the patent. At the expiration of
the sixty days of publication the claimant shall
Gle his affidavit showing that the plat and no.
r,ce have been posted in conspicuous place on
the claim during said period of publication, If
no adverse claim shall have been filed with the
register and the receiver of the proper land.ofice
at the expiration of the sixty days Of publication
1t shall be assumed that the applicant is entitled
to patent upon the payment to the proper of
rcer Of FIVE dollars per acre, and that no adverse
claim exists; and thereafter no objection from
third parties to the issuance of patent shall be
heard. except it be shown that the applicant has
failed to comply with this act
SEC. 4. That where an adverse claim shall be
filed during the period Of publication, it shall be
upon oath of the person or persons making the
same, and shall show the nature, boundaries,
and extent Of such adverse claim, and all pro-
ceedings, except the publication Of notice and
making and filing of the affidavit thereof, shall