Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-06
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Loca-
ton, Holding and Working Of
Mining Claims Upon the Public
Domuin

Domain.
Below will be found an abstract of tin, Mining
Laws Of the United States as passed by Con.
gress aud approved May 10. 1872. These are the
last. and hence the only mining laws of general
interest and fierce, with the single exception of
portion Of section 5, in reference to the reloca-
tion of claims and mines located prior 10 the
passage Of the general mining law. The Act
amending the section alluded TO will also be
found. following the general law modifying sec
tion 5, so that claim located prior to May 10,
1871, 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
resentatiNes of the United States of America in
Congress- assembled, That all valuable mineral
deposits in lands belonging to the United States,
both surveyed and Ilnsuryeyed, are hereby de-
elared 10 be free and open to exploration and
purchase. and the lands in which they
are found TO occupation and purchase
by citizens Of tine 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
the same sre applicable and not inconsistent
with the laws fthe United States.
SEC. =. That mining claims upon veins or
lOdfs OF QnaftL or Otner rock IN place bearing
gold, silver, einnabar, lead tin, copper or other
valuable deposits heretofore located shall be
governed as TO length along the vein or lode Ivy
the customs, regulations, and laws in force at
the date of their location. A mining claim located
after the passage of this act, whether located by
one or more persons may equal but shall not
exceed one thousand five 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 linn
tied by any mining regulation to less than TWEEN.
tytiye 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 end-lines Of each
claim shall be parallel to each other
SEC. 3. That the locators of all mining loca-
tons heretofore made, or which shall hereafter
be made, on any mineral vein, lode 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 they comply with the
laws of the United States, and the State Terri |
torial aud local regulations not in conflict with
said laws of the United States governing their
posses5ory 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 so !
iai AtHuib rum ltEttuGltuthr tItIT 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 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 a claim owned or possessed
by another.
SEC. L. That where tunnel is run for the
development OF 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 lodes
within three thousand feet,from the face of such
tunnel ON the line thereof, not previously known
tn 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
loies 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 mouths shall be considered as an abandon. |
ment Of the right to all undiscovered veins on |
the line of said tunnel.
SEC. 3. Tn the miners of each mining dis 1
trict may make rules and regulations not in con-
fict with the laws Of the United States, or with
the laws Of the State or Territory in which the
ulotllNl II hlhttttl governing lDt location man
ner OF recording, amount of work necessary to
hold possession of 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 lncators date Of the loca- |
ton, and such description Of the claim or /
claims located by referentnca 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 patent shall have
been issued therefor, no less than one hundred
dollars worth Of labor shall he 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: but where 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 Hhic. such failure occurred shall be open
to relocation in the same manner AS if no loca.
tion Of the same had ever been made: Provided
That the Original locators, their heirs,
assigns, OF 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-
roIlal lloAlNt III NTltlllS OF DN
in the newspaper published nearest the claim.
for ut least once week for ninety days and If at
the expiration of ninety days after such notice in
writing orby publication such delinquent should
fail or refuse to contribute his proportion TO
comply Nith this act, his interest in the claim
shall become the property of his co-owners who
have made the required expenditures,
SEC 6. That patent for any land claimed
and located for valuable deposits may be OBJ
tanned in the following manner; Any person
association ctlrpOratiOn authOriYpd IN 1naoto ]
claim under this act, having claimed and located
a piece of land for such purposes, who has or
have, complied with the terms Of this act, NAV
file in the proper land-ofiice an application for
patent, under oath, showing such compliance !
together with plat and field. notes Of the claim
OF claims in common, made by or under the di-
rection 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 a copy
of such plat, together with q notice of such
application for patent, in conspicu-
Gus place on the land embraced in such plat pre-
vious 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-otfce. and shall taereupon be entitled
to patent for said land, in the manner follow
ing: The register Of the land-office upon the
filing of such application plat. field notes no.
tices and afhdavits shall publish a notice that
such application has been made, for the period
VI slAiy uhSs, III newspaper 10 De by MIN desg- |
mated as published nearest to said claim; and he
shall also post such notice in his office for the
same period The claim at the time of filing
this application, or at any time thereafter with.
in the sixty days of publication, shall file with
the register 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 he |
Incorporated in the patent. At the expiration of |
the sixty days of publication the claimant shall |
hle his affidavit, showing that the plat and no. /
tlce have been posted in a 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-ofce
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. |
hcer 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. Z. That where an adverse claim shall be |
filed during the period Of publication it shall be
NM nat n no MARS nrl