Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-26
TIE PlOCHE DAILY RECORD.
MINING LAW.
Laws Of Congress- Governing the Local
tion. Holding and Working of
Mining Claims Upon the Public
Domain.

Domain.
Below will be found an abstract Of the Mining 4
Laws Of the United States, as passed by Con I
sress and approved May 10, ls72. Thess srs TIE 4
last and hence the only mining laws Of general 4
interest and force. with the single exception 0f 4
portion If section g. in reference to the r-locs-
ton Of claims and mines located prior to the
passage OF the general mining law. The Act
amending the section alluded 10 will also II
found. following the general Law modifying sec
ton s, so that claim located prior to May 10,
lsT2. is not subject to relocation until June TO-
1874
An ACT 10 promote the development of the
Mining resources OF the United States
BE it enacted by the Senate and House q Rep
fesentatives Of the United States Of America in
Congress assembled, That all valuable mineral
deposits in lands belonging TO the United states,
both SURVEYED aud unsurye!ec. are hereby de
clared to be free and open to exploration and
pnrcha-e, 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 b.
come such, under regulations prescribed by law,
and according Ia the local customs or rules Of
miners in the several mining districts, 80 far as
the same arr applicable and not Inconsistent
with the laws of the United States.
SIC 2 That mining claims upon veins or
Iodes Of quartz other rock in place Bearing
M. x
yalnable deposits heretofore located, shall be
governed as to length along the vein or lode by
the customs, regulations, and laws In force at
the da'e of theirlocation. mining c4alm loeAteA
after the passage of this act, whether located by
one or more persons may equal, but shall not
exceed one To 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
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- lin
tied by any mining regulation TO less than twen-
ty.fye 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 u each
claim shall be parallel tn each other.
SrC B. That the lOcstOrs Of all mining lOca-
tions heretofore made or which shall hereafter
be made, on any mineral VEIN lode, or ledge, SIT
uated on tho public domain, Their heirs ana As
signs. where no adverse claim exists at the pas
sag 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
possesGory title, shall have the exclusive right OF
possession and enjoyment of all the surface in
clnded vithn 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-lincs extended downward vertical
~, although such veins, lodes OF lodges may SO
far depart from perpendicular in their course
downward as to extend outside tho vertical side
lines OF SAD surface lOtatODhs IEtNlh'tl. Nlhl
their right Of possession to such outside part
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, 50 continued in then
own direction that such planes will intersect
such exterior parts Of said veins or lodges And
provided further that nothing in this section
-hall 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
10y anOther.
development 0i vein or lode, or for the discoy.
.ry uf mines, the owners Of such tunnel shall
have the right Of possession Of all veins or lodct
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 if discovered from the surface; aud
locations on the line Of such tunnel Of veins o.
iodee not appearing on the surface, made by
other UGrties after the commencement Of The
tunnel and while the same is being prosecuted
with reasonable diligence, shall be invalid bu
failure to prosecute the work on the tunnel 10
ak months shall be considered as an abandon
ment of the right to all undiscovered veins ol
the line Of said tunnel
SEC. ). That the miners Of each mining dis
trict may make rules and reGulationsnot IN con
fict with the laws Of the United States, or WI
the laws Of the State or Territory i'll which N
district is situated, governing the location, maj
ner of recording amount Of work necessary
hold possession Of q mining claim, subject
the following ItGulTeUifUIkt I4JEhtibIl lAuht
distinctly marked On the ground So that
boundaries c8n be readily traced. All records
mining claims hereafter made shall contain y
name or names Of the locHtOrs, date of the loo
ton. and such a description OF the claim
claims located ~ refercnence to some natur
object or permanent monument as viii identii
the claim. On each claim located after the pa
sage OF this act and until patent shall ha'
been issued therefor, no less than one hundrt
dollars worth Of labor shall be performed or il
proyementa made during each year. On q
claims located prior to the passage OF IN
act ten dollars worth of labor sht
lie performed or improvements maj
each year for each one hundred fe
IN length along the vein until patent sbf
have been issued therefor; bntwhere such clair
are held In common, such expenditure may
made upon any one claim; ind upon failure
comply with these conditions, the claim or hui
upon which such failure occurred shall be op
To relocation ia the same manner Gs If no Loo
tiou of the same had ever been made: Provide
That the original lOcatorH, their hei
assigns, or legal representatives, have not
sumed work upon the claim after such falr
aud before such location. Upon the failure
any one Of several cO-owners TO contribute
portion of the expenditures required by this a
the co-owncrs who have performed the labor
made the improvements may, at the expirati
Of the year, give such delinquent co,owner y
sonal notice in writing or notice by publicat
in the newspaper published nearest the clai
for al least once week for ninety days. and il
tho expiration OF ninety days after such notice
writing ofDy publication such delinquent sho
fail or refuse to contribute his proportion
comply with this act, his interest in the cit
shall become the property of his co-owners v
have made the required expenditures.
SEC. C. That patent for any land clair
and located for valuable deposits may be
tanned in the following manner: Any pers
association. or corporation authorized to loca
claim under this act having claimed and loca
piece Of land for snch purposes. who has
have, complied with the terms OF this act.
HIc in the proper iand-ofice an application f
patent, under oath, showing such complial
together with plat and ield-notes of the cl
or claims in common, made by or under the
rection Of the United States Surveyor Gene
showing accurately the boundaries OF the eli
OF claims. which shall be distinctly marked
monuments on the ground, and shall post C
of such plat together with notice of s
application for a patent, in consp
Gus place on the land embraced in such plat
yious to the filing of the application for a
-nt, and shall file an affidavit OF at least
persons that such notice has been duly poste
aforesaid, and shall file copy of said motto
such land-otiice, and shall taereupon be emit
TO patent for said land, in the manner foil
ing: The register of the land-ofhce, upon
filing of such application, plat, feld-notes,
tees and aftdavits shall publieh a notice
such application has been made, tor the pc
Of sixty days, in newspaper De by INN d'
mated az published nearest to SAID claltni an
shal! also post such notice in his Office for
same uar,od. ~ J. claim Mt the time of Il
this application. lat any time thereafter,
in the sixty days of publication, shall file
the register certificate of the United ST
Surveyor General that hvo hundred dol
worth of labor has been expended or impr
ments made upon the claim by himself or g
tors; that the plat is correct, with such fur
description by such reference to natural obj
or permanent monuments as shall identify
claim, and furnish accurate description, t
incorporated in the patent. AT the expiratio
the sixty days of publication the claimant :
Ale his affidavit, showing that the plat and
ace have been posted in aconspicnous plac
the claim during said period of publication
no adverse claim shall have been filed with
register and the receiver of the proper lnnd-c
at the expiration of the sixty days of publica
1t shall be assumed that the applicant is ent
to q patent. upon the payment to the prope
hcer of five dollars per acre, and that no adv
claim exists; and thereafter no objection
third parties to the issuance of a patent sha
heard except il be shown that the applicant
failed to comply with this act.
Slc7 That where an adverse claim sha
filed during the period of publication, 1t sha
upon oath of the person or persons making
same and shall snow the nature, bounda
and extent of such adverse claim, and all
,a,,t publicAtiOu of notice