Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-17
The PI0CHE DAILY RECORD.
MINING LAW.

MhnAn8 ss VIZ INV s
. Domain.
Below will he found an abstract Of the Mining
laws of the United States, as passed by Con-
rrsss and approved May 10. 1871. These are the
ast, and hence the only mining laws Of general
interest and force. with the single exception ofs
portion of section 8. in reference to the reloca-
lion 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 S, 90 that g 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 States
resentstiyes of the United States of Anerics 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 to 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.
SEC. 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 ut
the ds,e 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
l,Aa in thal Unit N 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-fve feet each side Of the middle Of the vein
Il the surface, except where adverse rights exist
ing at the passage of this act shall render such
Limitation necessary. The end-lines Of each
claim shall be parallel to each other.
SEC. 3. That the locators OF all mining loca-
lions heretofore made, or 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
posseseory 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 surface-lines extended downward vertical
ly, although such veins, lodes or lodges may sc
far depart from a 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 lodges shall be confined to such
portions thereof IS lie between vertical planes
drawn downward n 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
ut.xva rata In
or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
upon the surface Of q claim owned or possessed
by another.
sEc4 That where q tunnel is run for the
development OF vein or lode or for the discov-
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
to exist discovered in such tunnel, to the same
extent ~ if 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 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. 9. That the miners OF each mining dis
trict may make rules and regulations not in con
dict with the laxs Of the United States, or with
the laws Of the State or Territory in which TIT
district is situated, governing the location, man
ner of recording, amount of work necessary L
hold possession of Q mining claim, subject
the following requirements: Location must b
distinctly marked on the ground 80 that i,
boundaries can be readily traced. All records {
mining claims hereafter made shall contain IN
name or names OF the locators, date OF the loo,
ton, and such Q description OF the claim G
claims located by referenence to some Datura
object or permanent monument as will identif
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 shah he performed or in
provements made during each year On a
claims located prior to the passage of thi
set, ten dollars worth Of labor sha
he performed or improvements mad
each year for each one hundred fe'
In length along the vein until patent sha
have been issued therefor; but where such CLAIM
are held in common, such expenditure may |
made upon any one claim; and upon failure
comply with these conditions. tho claim or mil
upon which such failure occurred shall be OPT
to relocation in the same manner ~ II no loo
ton of the same had ever been made: Provide
That the original locators, their heir
assigns, or legal Representatives, have not I
sunsed work upon the claim after such failu
and before such location. Upon the failure
any one Of several cO-ewners to contribute
portion Of the expenditures required by this al
the co-owners who have performed the labor
made the improvements may, at the expirati
OF the year give such delinquent co.owner pt
sonsl notice in writing or notice by publicsti
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 or by publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act, his interest in the ella
shall become the property OF his co-owners W
have made the required expenditures
SEC. G. 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 locai
claim under this act, having claimed and loca
. piece OF land for snch purposes, who has
have complied with the terms of this act, L
Gle in the proper lsnd-ofice an application fl
patent, under oath, showing such complain
together with plat and field-notes Of the eli
or claims in common, made by or under the
rection Of the United States Surveyor Gene
showing accurately the boundaries OF the eli
or claims. which shall be distinctly marked
monuments on the ground, and shall post q c.
Of such plat, together with Q notice of 81
application for q patent, in . conspi
GUS place on the land embraced in such plat /
vious to the filing of the application for |
ent, and shall fle an affidavit OF at least
persons that such notice has been duly posted
aforesaid and shall file copy of said motto,
such land office. and shall taereupon be EMIT
TO patent for said land, in the manner foil
ing: The register of the land-ofhce, upon
hling Of such application, plat held-notes,
such application has been made, for the pei
Of sixty days, in Q newspaper - by him de
mated % published nearest to sxtd claim; ant
shall also post such notice in his office for
same period :" sclAim At the time OF fl
this application, rat any time thereafter, "
in the sixty days of publication, shall file ,
the register certificate Of the United st
surveyor General that i've hundred dol
worth OF labor has been expended or impr
pents made upon the claim by himself or q
tors; that the plat is correct, with such fur
description by such reference to natural obj
or permanent monuments ~ shall identify
claim, and furnish an accurste description, Il
incorporated in the patent At the expiratio
che sixty days Of publication the claimant q
Gle his affidavit, showing that the plat and
ice have been posted in Q conspicuous plac
the claim during said period Of publication.
no adverse claim shall have been filed with
81 register and the receiver of the proper lAnd-o
strthe sxpiration Of the sixty days of publica
X shall be assumed that the applicant ia emit
70 patent, upon the Payment to the prope
Acer of Ave dollars per acre, and that no adv
~ claim exists; and thereafter no objection
third parties to the issuance Of patent sha
heard, except it be shown that the applicant
failed TO comply with this act.
SEC, Z. That where an adverse claim Rhs
aled during the period Of publication, 1t sha
tIpou oath Of the person or persons making
ssme, and shall show the nature, bounda
and extent Of such adverse claim, and all
---csedfnss, except the publication Of notice
rnshin0 and filing of the AFFIDAVIT thereof. 4