Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-16

Nh0m, nOAmhm8 oeu VaaAhk
Mining Claims Upon the Public
Domain.
Below will be found an abstract of the Mining
Laws OF the United States. as passed by Con-
Eress and approved Nay 10. is72. These are the
last, and hence the only mining laws Of general
interest and force. with the single exception of a
portion of section s. in reference to the rsloea-
ton Of claims and mines located prior to the 1
passage Of the general mining law. The Act |
amending the section alluded to will also be |
found. following the general law modifying sec |
ton s, 80 that claim located prior to May 20, |
is72 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 senste and House OF Rep
re.entatives 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 90 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 20 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 Oft 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 as to length along the vein or lode by
the customs regulations, and 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 tb ousand five hundred feet in length
along the vein or lode; but no location of a min
LAT, hall ha de until HfspnNPrN
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 Inn
tied by any mining regulation to less than TWEEN
ty-five feet 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 end-iines OF each
claim shall be parallel to each other.
SEC 3. That the locators Of all mining loca-
tions heretofore made, or which shall hereafter
be made. on any mineral vein, lode, or ledge, sit
usted 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
toria 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 surfhce-llntS eNttllOeu uONENtfu NtINlGal-
ly, although such veins, lodes or lodges may so
far depart from perpendicular in their course
downward as 10 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, 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 L. Tint where a tunnel is run for the
DEVELOPMENT OF a vein or lode, or for the discoy-
cry of mines, the owners of such tunnel shall
have the right of possession of all veins or odes
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 10 prosecute the work on the tunnel for
six months shall be considered ~ an abandon
ment of the right TO all undiscovered veins on
the line Of said tunnel
SEC s. That the miners of each mining dis
trict may make rules and regulations not in con.
aict with the laws of the United States, or with
the laws of the State or Territory in which tbt
district is situated, governing the location, man
ner Of recording, amount of work necessary u
hold possession of mining claim subject Il
the following requirements: Location must b
distinctly marked on the ground so that it
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tn
name or names of the locators date OF the loea
ton, and such a description of the claim o
Claims located by refereDence TO some natnra
object or permanent monument as Will identif.
the claim. On eRch claim located after the pas
sage OF this act, and until patent shall hav
been issued therefor, no less than one hundred
dollars worth of labor shall he performed or i'm
provements made during each year. On al
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
nave been issued therefor; but where such claim
arc held in common, such expenditure may b
made upon any one claim; and upon failure I
comply with these conditions, tho claim or min
upon which such failure occurred shall be ope
to relocation in the same manner as If no loo,
ton OF the same had ever been made: PROVIDED
That the original locators, their heir
assigns, OF legal Representatives, have not n
sumed work upon the claim after such failui
and before such location. Upon the failure {
any one Of several co-owners TO contribute h
portion of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the e8piratiC
OF the year give such delinquent co.owner pc
sonal notice in writing or notice by pubiicatio
IN the newspaper published nearest the clain
for at least once a week for ninety days, and If
the expiration of ninety days after such notice
writing or by 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 ce-owners WI
nave made the required expenditures.
SEC. 6. That a patent for any land claim
and located Cor valuable deposits may be c
tanned in the following manner. Any perso
association or corporation authorized TO locatI
claim under this act, having claimed and locat
piece of land for such purposes, who has,
have complied with the terms of this act, n
rle in the proper lsnd-office an application TO
patent, under oath. showing such complain
together with plat and ield-notes of the ella
or claims in common, made by or under the
rection Of the United States Surveyor Gener
showing accurately the boundaries of the ella
or claims, which shall be distinctly marked
monuments on the ground, and shall post co
Of such plat together with Q notice of su
application for patent in o conspiC
Gus place on the land embraced in such plat pl
vious to the filing Of the application for p
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-ofhce, and shall thereupon be entitl
10 a patent for said land, in the manner folio
ing; The register Of the lAnd-ofhce, upon
filing of such application, plat, feld-notes, 1
tees and afidayits. shall publish notice Il
such application has been made, for the peri
Of sixty days, in q newspaper ~ e by him DIES
mated as published nearest to said claim and
shall also post such notice in his office for
same period. +" tclaim ut the time Of fl.
this application. rat any time thereafter, wi
in the sixty days Of publication, shall file W
the register certificate OF the United Sta
surveyor General that i've hundred doll
worth of labor has been expended or impro
mepts made upon the claim by himself or gri
tore: that the plat Ia correct, with such furti
description by such reference to natural obje
or permanent monuments hs shall identify
elaim, and furnish an accurate description, to
. Incorporated In the patent. At the expiration
the sixty days of publication the claimant sh
ale his affidavit, showing that the plat and
ice have been posted in a 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
seq At the expiration of the sixty days Of publicat
il shall be assumed that the applicant is EMIT
to q patent, upon the payment to the proper
icer Of five dollars per acre, and that no adve
claim existe and thereafter no objection fr
third parties to the issuance OF patent shall
,1- heard. except it be shown that the applicant
failed 70 comply with this act. -.. s.is.s
SEC. 7. That where an adverse claim shall
nied during the period of publication, 1t shall
% upon oath of the person or persons making
same, and shall show the nature, boundari
and extent of such adverse claim, and all ?
eeedfnps. except the publication of notice q
making and filing of the affidavit thereof. sh
l,~II 1,oxv ,.