Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-08
DAILY RECORD
MINING LAW.
Law. Of Ceagr~.. Governing the Leea-
tion. Holding and Working Of
Mining Claims Upon the Public
Domain.

Dom ain.
Below viii b. fOuEd Al lbstr-e; q The Mining
Law. q the United stats. P1s-ed by Con- 1
.r-ss and approved Nay 70. ls72. Thee are the I
lss.. and hence the only mining lGss q general /
interest ard teros. with the single exception q a
portioa q section 5, in r.fersnes to tie rsl0ea-
ti0u Of claims and mines heated priez to the 4
passage Of the sanerAl mining az. he At .
sIasndtng the section ALLUDED to Vii also Il I
found. following the general lar modifying 80
ton 5, - that = claim located priOr to May u,
lsT7, Is not sab,sc, 10 relocation unil Juns 10,
1874.
an ACT 70 proEa0i= the dsyeloPIent Of the
Mining resources Of the United states
Be il enacted by the senzte and H0E=s q hep
r~-eufafives Of the Unitad states Of AIle-lca IN
Cougrsss assembled. that all valuable mtnsrzl
deposits in lands belonging 70 the United stats,
t,otA surveyed and unsuryeyed, are hereby de
elzrsd 70 b. free and open 10 eEp4or1iion and
purckase and the lands in Nhieh they
are found to occup2tlon and pGrcha-e
bv eitzsns q the United ststes and
tho=e Who have declared there tntention 70 b.
come such. under regulations pre-cribed By Law,
and according 10 the local customs Or Fules 81
miners IL The several mining districts. - far a.
the same are spplielhle and not incois3s'eAi
with the laws Of the United states
SEC. 2. That mining claims upon veins Or
lodss Of quartz Or Other rock In place bearing
gold silver cinuAb4r. Lad, tin, c0pptr' or Osher
valuable deposits heretofore located, stall o
governed As 10 length along the vein or lode by
The customs. regulations, and Laws In force Al
the Ia u their loeati1u- mining claim located
after the passage u this act. Whsther locaied BY
one more per-ons, may equal, but siiA4I ngt
exeeed one thousand Ave hundred feet II length
along the vein or lode; bat no location Of = min
luz claim shall be made until the discovery 81
the vein or lode within the limits Of the claim
located No claim shall extend more than three
~ h ~ H4.tH q -
vein At the surface, nor shall any claim b. In
tied by any mining regulation % less than TWEEN
iy-fys feet each side q the middle Of the ven
ii the surface except where adverse rights exist
ing al the passage Of this act shall render such
Limitation Necessary. The eBd-Iines q e4eh
claim shall be parallel b. each other.
SIC s. That the locst0r- q AL mining loca-
tiOus heretofore made, Or which shall hereafter
be made = any mineral vein, lode, or ledge sit
aaied on the public domain, their heirs and a.
signs where no adverse claim exists at the pas
sage u this at. - long a. they comply with The
laws Of the United 5i4teE, and the state, TEN
t0riEl and local regulations no; in conflict with
aid Laws Of the United States governing their
pOsss1Ory title. shall have the exclusive night Of
possession and enjoyment Of al the surface III
cluded Elthin the lines Il their locations and Of
AL veins l0des, and Lodges throughout the entire
depth. the top or speI Of which lies inside Of
such s4rfsce-lInrs extended downward vertical
y, although such veins, lodes or lodges may 20
far depart from perrsndlculsr In their course
GGNLNarl ~ 70 tAtfIl tlL-4e3t lLlf rAAE-
lines u szii surface locations, Provided, that
their right q possession TO such outside parts
Of such veins OF lodges shall D cunhned 70 such
portions Thereof Is lie batwesn vertical planes
drawn downward a. Aforesaid, through the end
lines u their locations, % continued In tEelr
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 pOssessdr Of vein
Or lode which extends in it, downward course
L4yOud the vertical Inns q his claim to enter
upon the surface Of : claim owned or possessed
BY another.
SIC That vhsre = tunnel IL run for the
development Of = vein OF lode, or for the dizeov.
cry q ni1es the owners Df such tunnel shall
have the right Of possession u all veins or lOdes
within three thousand feet from the face II such
tunnel On the line thereof, not previously known
to exist, discovered in such tunnel, 70 the same
erteut Is II discovered from the surface; aud
locations on the line u 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 prOserut. the work on the tunnel for
six months shall be considered Is an abandon
ment Of the night to all undiscovered veins on
the line Of said tunnel.
SIC g. That the miners Of each mining dis
trict may mAks rules and regulations not in con
nict with the laws Of the United States, or viii
the laws Of the state OF Territory in which tn
district Is situated governing the location, man
uer Of recording amount If work necessary l.
hold possession Of a mining claim, subject I
the following requirements. Location must b
distinctly marked on the ground so that II
boundaries can be readily traced. All records q
mining claims hereafter msde shall contain tn
name or names Of the locators, date Of the lOca
tiOn. and such a description OF the claim 0
claims located by reference TO some naturh
object or permanent monument as Will identf!
the claim On each claim located after the pas
sage Of this act, and until patent shall hay
been issued therefor, no less than one hundre'
dollars worth Of labor shall be 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 shall
he performed or improvements mad
each year for each one hundred fee
in length along the vein until patent shal
have been issued therefor; butwhere such claim
are held Ia common, such expenditure may b
made upon any one claim; and upon failure T.
comply with these conditions, the claim or min
upon which such failure occurred shall be opel
to relocation in the same manner a. II no locs
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 failur
and before such location. Upon the failure O
any one Of several cO-Owners 10 contribute hi
portion Of the expenditures required by this sc
the co-owners who have performed the labor q
made the improvements may, at the expiratio
Of the year. give such delinquent co owner PEI
sOnEI notice in writing or notice by publicstio
in the newspaper published nearest the claim
for at least once week for ninety days, and if ,
the expiration OF ninety days after such notice
writing OF by publication such delinquent shoul
fail refuse TO contribute his proportion
comply with this act, his interest in the cla
shall become the property Of his cO-owners wi
have made the required expenditures.
SIC. 6, That patent for any land claim'
and located for valuable deposits may be o
tanned in the following manner Any perso
association or corporation authorized to locate
claim under this act, having claimed and locat
fnta T4 md for r. has
have complied with the terms of this act, IN
file in the proper land-oftice an application fol
patent, under oath, showing such cOmplian'
together with plat and ieid.notes Of the clsi
or claims in common, made by or under the
rection Of the United States Surveyor Gener;
showing accurately the boundaries Of the clai
or claims, which shall be distinctly marked
monuments on the ground, and shall post col
Of such plat, together with notice of su,
application for patent, in conspic
sus place on the land embraced in such plat pr
vious to the filing Of the application for pa
ent, and shall file az affidavit OF at least "
persons that such notice has been duly posted
aforesaid, and shall file copy Of said notice
such land-ofiice. and shall tAereupon be entitl'
toa patent for said land, in the manner folio
ing The register Of the land-office, upon q
filing of such application, plat field.notes, n
tees and afidavits, shall publish notice tn
such application has been made for the peri,
Of sixty days, in a newspaper De by him desi
mated as published nearest to said claim; and
Snail Also post AllCn UDtltt III MS once 1Or u
same period. - claim at the time of fill
this application CIat any time thereafter wit
in the sixty days Of publication, shall file wi
the register certificate Of the United Stat
Surveyor General that i've hundred dOlla
worth OF labor has been expended or improv
ments made upon the claim by himself or graz
tors; that the plat Is correct with such furth,
description by such reference to natural Object
or permanent monuments shall identify tn
claim, and furnish an accurate description, to b
incorporated in the patent AT the expiration c
the sixty days Of publication the claimant sha
-le his affidavit, showing that the plat and Nc
zee have been posted in a conspicuous place o
the claim during said period Of publication.
no adverse claim shall have been filed with tn
register and the receiver Of the proper land-ofic
at the expiration Of the sixty days of publication
1t shall be assumed that the applicant is entitle
TO patent, upon the payment to the proper OF
icer Of five dollars per acre, and that no advers
claim exists: and thereafter no objection iron
third parties to the issuance of patent shall b.
heard. except it be shown that the applicant ha
failed to comply with this act.
SECT That where an adverse claim shall b,
filed during the period Of publication it shall b,
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
be stayed until the controversy shall have been
settled or decided by court Of competent iuris-