Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-07
the PIoCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loea-
ton. Holding and Working Of
Mining Claims Upon IN. Public
Domain.

DOMAIN.
allow will be found an abstract Of thu Mining
Laws of the United States. as passed by Con-
gress and approved May 10. is52. These are the
last, and hence the only mining laws Of general
interest and force, with tine single exception Of
portion o. section 5, in reference to the reloca-
ton 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 lAS modifying sec
ton 6, SO that = claim located prior to May 10,
is72. is not subjec, to relocation until June 10,
1874.
An ACT 10 promote the development o. the
Mining resources OF the United States
Be It enacted by the Senate and House Of Rep
resentatiyes of the United States OF America in /
Congress assembled, That all valuable mineral /
deposits in lands belonging to the United states,
both surveyed and unsuryeyed, are hereby de |
clared to be free and open TO exploration and |
purchase, aud the lands in which they |
are found 70 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. .. 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 at
the daie 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 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 lin
tied by any mining regulation to less than TWEEN
ty-five feet each side of the middle Of the vein
st 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. 8. That the locators Of all mining loca-
tions 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 ss 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
possesSory title, shall have the exclusive right Of
possession and enjoyment of all the surface in
cuded within the lines of their locations and Of
all veins, lodes, ana 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
far depart from perpendicular in their course
downward rs 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 claim owned or possessed
by another.
SEC A. That where Il tunnel is run for the
development OF a 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 as II discovered from the surface; and
locations on the line of sucn 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. 8. That the miners of each mining dis
trict may make rules and regulations not i'll con
nict with the laws of the United States, or Will
the laws OF the State OF Territory in which tn
district is situated, governing the location, man
ner of recording, amount Of work necessary t
hold possession of mining claim, subject I
the following requirements: Location must b
distinctly marked on the ground that ii
boundaries can be readily traced All records o
mining claims hereafter made shall contain tn
name or names of the locators, date of the l0ca
ton, and such description Of the claim o
claims located by referenence to some natura
object permanent monument as will identif
the claim On each claim located after the pas
sage of this act and until patent shall hav
been issued therefor, no less than one hundre
dollars worth OF labor shall be performed or in
provements made during each year. On a.
claims located prior to the passage of thi
act, ten dollars worth of labor sha
be performed or improvements mad
each year for each hundred fec
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, the claim mil
upon which such failure occurred shall be ope
to relocation in the same manner as II no loo
ton of the same had ever been made: PROVIDE
That the original locators, their heir
assigns, or legal representatives, have not r
sumed work upon the claim after such failu
and before such location Upon the failure
any one Of several co-owners to contribute
portion of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the expiratiC
OF the year, give such delinquent CO owner pc
sonal notice in writing or notice by publicati'
in the newspaper published nearest the clan
for at least once a week for ninety days, and ii
the expiration of ninety days after such notice
writing orby publication such delinquent shou
fail refuse to contribute his proportion
comply with this rct his interest in the cla
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 persC
association, or corporation authorized to locat
claim under this act, having claimed and iocat
piece of land for snch purposes, who has,
have, complied with the terms of this act, II
file in the proper landofhce an application 70
patent, under OATH showing such complain
together with plat and tield-notes Of the ella
or claims in common, made by or under the
rection of the United States Surveyor Gener
showing accurately the boundaries of the ella
or claims, which shall BIO distinctly marked
monuments on the ground. and shall post a co
Of such plat, together with notice of su
application for patent i'll conspi'
Gus place on the land embraced in such plat p
vious to the filing of the application for q p
ent, and shall file an affidavit of at least t
persons that such notice has been duly posted
aforesaid, and shall file copy OF said notice
ouch land office, and shall taereupon be EMIT
to a patent for said land in the manner follc
ing: The register Of the land-office, upon
filing of such application, plat, feld-notes
tices and afidavits, shall publish notice Il
such application has been made, for the per
of sixty days, in newspaper t. De by him DIES
mated as published nearest to said claim; and
shall also post such notice in his office for
same period. "a claim at the time of fl
this application o,at any time thereafter wi
in the sixty days of publication, shall file W
the register certificate of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
ments made upon the claim by himself or gr
tors that the plat is correct, with such furtl
description by such reference to natural obje
or permanent monuments shall identify
olaim and furnish accurate description, to
incorporated in the patent. At the expiration
the sixty days of publication the claimant sli
ale his affidavit. showing that the plat and
zee have been posted in conspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with
register and the receiver of the proper land-of
at the expiration of the sixty days of publicat
IL shall be assumed that the applicant is EMIT
to patent upon the payment to the proper
ficer of Ave dollars per acre. and that no adve
claim exists; and thereafter no objection fir
third parties to the issuance of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SEC 7. That where an adverse claim shall
fiied during the period of publication, it shall
upon oath of the person or persons making
same, and shall show the nature, boundsri
and extent of such adverse claim, and all p
ceedinrs except the publication of notice O