Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-07
the PIOCHE DAILY RECORD.
MINING LAW.
Law Of Congress Governing the Local
sion, Holding and Working of
Mining Claims Upon the Public
nomain.


Below will be found an abstract Of the Mining
Laws of the United States, passed by Con-
gress and approved May 10, 1872. These are the
last and hence the only mining laws Of general
interest and force. with the single exception of
portion Of section 5, in reference to the relocs-
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 law modifying sec
ton g. 30 that claim located prior to May 10,
ls7a, is not subject to relocation until June 10,
1874
AN ACT to promote the development of the
Mining resources of the United States
Be it enacted by the Senate and House Of Rep
resentatiyes of the United States OF America III
Congress assembled, That all valuable mineral
deposits in lands belonging to the United States.
both surveyed and unsurvcyed, 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 10 the local customs or rules Of
miners in the several mining districts, so far as
the same ART 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
r
valuable deposits heretofore located, shall be
governed as TO length along the vein or lode by
the customs, regulations, and laws IL force az
the da e OF their location 4 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 hYe 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-
tyhve 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 10 each other.
SEC. 3. 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 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
possessory title shall have the exclusive right of
possession and enjoyment Of all the surface in
cluded within the lines of their locations and of
Gil veins, lodes, and lodges throughout the entire
depth, the top or apex of which lies inside OF
such surface-lincs extended downward vertical
w. although such veins, lodes or lodges may so
far depart from 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 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 VEN
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 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 race 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; 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 8. That the miners of each mining dis.
trict may make rules and regulations not in con
hict with the laws of the United States, witt
the lava of the State or Territory in which thu
district Is situated, governing the location, man
ner of recording, amount of work necessary Il
hold possession Of mining claim, subject t
the following requirements: Location must b
distinctly marked on the ground so that II
boundaries can he readily traced. All records 0
mining claims hereafter made shall contain tn
name or names of the lOcators, date OF the loca
ton and such description of the claim o
claims located by referenence TO some natura
object or permanent monument as will identif
the claim. on each claim located after the pas
sage of this act and until a patent shall hav
been issued therefor, no less than one hundre
1a11 ~ labor shall he perfOrmf1 i'm
provements made during each year. On al
claims located prior to the passage of thi
act ten dollars worth of labor shal
be performed or improvements mad
each year for each one hundred fee
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 I
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
to relocation in the same manner as If no loo
ton of the same had ever been made: Provide'
That the original locators, their heir
assigns, or legal representatives, have not +
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 aC
the co-owners who have performed the labor
made the improvements may, at the expirati'
Of the year, give such delinquent co.owner pc
sonal notice in writing or notice by publicatl'
in the newspaper published nearest the clail
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 cla
shall become the property of his co-owners W
have made the required expenditures.
SEC. 6. That a patent for any land claim
and located for valuable deposits may be
tanned in the following manner: Any pers'
association, or corporation authorized to locat
claim under this act, having claimed and local
piece Of land for such purposes, who has,
have. complied with the terms of this act, n
Gle in the proper land-office an application fo
patent, under oath, showing such complain
together with plat and feld-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 be distinctly marked
monuments on the ground, and shall post a &C
of such plat, together with notice of 81
application for u patent, in conspi
Gus place on the land embraced in such plat p
yious to the filing Of the application for a 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
such land Office, and shall thereupon be EMIT
to patent for said land, in the manner follc
ing: The register Of the land-ofiice, upon
filing of such application, plat, held-notes,
tees and aflidavits shall publish notice &
such application has been made, for the per
of sixty days in u newspaper De by him de
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period Nh claim at the time of fl
this application, oIat any time thereafter, w
in the sixty days of publication, shall file "
the register certificate of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or imprc
ments made upon the claim by himself or gr
tors; that the plat is correct, with such furt
description by such reference to natural objt
or permanent monuments as shall identify
claim, and furnish an accurate description, &c
Incorporated in the patent. AT the expiration
the sixty days of publication the claimant 81
ale his affidavit, showing that the plat and
t,ce 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 landed
at the expiration of the sixty days of publicai
it shall be assumed that the applicant is enti
to patent, upon the payment to the proper
ficer of five dollars per acre, and that no adv
claim exists; and thereafter no objection fl
third parties to the issuance of patent shal
heard except it be shown that the applicant
failed to comply with this act.
SEC Z. That where an adverse claim shal
filed during the period of publication, it shall
upon oath Of the person or persons making
same, and shall show the nature, boundar
and extent of such adverse claim, and all !
ceedings, except the publication Of notice
making and filing Of the affidavit thereof, 81
e~.x oh all harr