Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-26
DAILY RECORD
MiNtkC LAW.
Laws Of Congress Governing the Local
ton, Holding and Working OF
Mining Claims Upon the Public
Domain.

Domain.
Below viii b. found an abstract of tho Mining
Laws Of the United States, as passed by Con
Eress and approved May TO- 1872. These are the
last, and hence the only mining laws Of general
interest and force with the single exception Of Il
portion of section 5. in reference to the reloca-
tion of claims and mines located prior to ting
passage Of the general mining ,aw. 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 TO-
1872. is not subject TO relocation until June 10,
1874.
AN ACT to promote the development OF the
Mining resources Of the United States
BE 1t enacted by the Senate and House Of Rep
resontatives Of the United States of America in
Congress assembled. That all valuable mineral
deposits in lands belonging 10 the United States,
both surveyed and unsuryeyed, are hereby de-
elared TO b. fires and open TO exploration and
purchase, and the lands in which they
are found 10 occupation and purchase
10y citizens Of the United States and
those who have declared there intention to be-
come such. under regulations prescribed by law.
and according 70 the local customs or rules Of
miners, in the several mining districts 50 far as
the same arc apple BILE and not inconsistent
with the laws OF the United States.
SEC. ?. That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold, silver, cnnabar, lead, tin, copper, Other
valuable deposits heretofore located. shall be
governed as to 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 thousand five hundred feet in length
along the vein or Lode but no location OF q min.
ing claim shall be made until the discovery of
the vein or lode within the limits OF tho claim
located No claim shall extend more than three
hundred feet parh q ~ he mi Ia of no
vein at the surface. shall any claim be lin
tied by any mining regulation to less than TWEEN
tyfve 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-liues Of ca b
claim shall be parallel 10 each other
SEC. g. That the lOcators Of all mining loca-
tons heretofore made, which shall hereafter
be made, on any mineral vein, lode or ledge, Sit
uated on the public domain, their heirs and
signs where no adverse claim exists at the pas
Sage Of this act, 50 long as they comply with the
laws Of the United States, and the state, Terri
tOFial and local regulations not in conflict with
said laws OF the United States governing their
possessory title, shall have tine exclusive right of
possession aud 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-linrs extended downward vertical.
ly, although such veins lodes or lodges may 70
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 down ward as Aforesaid, through the end
lines Of their locations, SO continued in their
own direction that such planes will interscct
such exterior parts Of said veins or Lodges. And
provided further that nothing in this section
shall authorize the locator or pUssessor Of vein
or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
upon the surface Of 0 claim owned or puss aSscd
by another.
SIC. 4. That where o tunnel is ruiz for the
development OF vein or lode, or for the dlscov-
cry Of mi e., the owners OF such tunnel shall
have the right OF possession Of all veins or ludcs
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 Gs II discovered from the surface; and
locations on the line Of such tunnel Of veins or
lodes not appearing on the surface made by
either parties after the commencement Of the
tunnel, aud 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 Us an abandon
ment Of the right to all uudiSCoy rnd VEINS on
the line OF said tunnel.
SEC. 8. Tint the miners Of each mining dis.
trict may mako rules and regulations not in com
tict with the laws of the United States or with
the laws Of the State or Territory in which the
district is situated, governing the location man
ner Of recording, amount Of work necessary to
hold possession Of mining claim, subject TO
the following reqWrcments 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
nSme or names OF the locatOrs, date of the lOca-
tiOn, and such description Of the claim or
claims located by rgfereTC ne. to some natural
object or permanent monument a. will identify
the claim. On each claim located after the pas
sage of this act and until u patent shall have
been issue therefor, no less than one hundred
dollars worth OF labor shall be performed or i'm.
provements made during each year. On al
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 which such failure occurred Shall be open
TO Relocation IN the same manner as If no luca-
ton of the sane hrd ever been made: Provided
That the original locators, their heirs
assigns, or legal representatives, have not rp-
sumed work upon the claim after such failure
ana before suCh location. Upon tha 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
oil the year, give such delinquent co owner per
sonal notice in writing or notice by publication
IN the newspaper published nearest the claim,
Tor at least once week for ninety days, and if at
Inc expiration OF ninety days after such notice in
writing or by publication such delinquent should
fail or refuse to contribute his proportion to
comply with this act, his interest in the claim
shall become the property of his co-owners who
have made the required expenditures
SEC. &. 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 TO locate a
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 may
file in the proper land-Ofice an application for
patent, under oath, showing such compliance
together with plat and field. notes of the claim
or 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 a notice of such
application for patent, in a conspicu.
Gus place on the land embraced in such plat pre-
Yious 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-ofiice, and shall tlereuDon 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-no no.
tices and aihlaVits, shall publish q notice that
such application has been made, for the period
OF sixty days, in newspaper to be by him 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 litng
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 Ave 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
hle his affidavit, showing that the plat and no.
tice 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 receiyerof the proper and.office
nj the expiration OF the sixty days of publication
It shall be assumed that the applicant is entitled
to patent, upon the payment to the proper of.
ncer OF hve dollars per acre, and that no adverse
claim exists; and thereafter no objection from
third parties to the issuance of q pateut Shall be
heard, except 1t be shown that the applicant has
failed to comply with this act
SEC. Z. That where an adverse claim shall he
filed during the period Of publication, it shall he
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