Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-27
DAILY RECORD
MINING LAW.
Law. OF Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
Domain,

Domain.
Below will be found an abstract 0; the Mining
Laws Of the United States, IS passed by Con-
sress and approved May 10, 1872. These are the
last and hence the only mining laws Of general
Iterss. and I rec, with the single exception OF
portion Of section 5. in reference to the reloca-
tion Of claims and mines located prior to the
passage Of the general mining Jaw. The Act
amending the section alluded to will also be
found. following the general Law modifying sec
ton ), so that claim located prior to May 10.
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 IL enacted by the Senate and House Of Rep
resentstiyes 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-
elared 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 aud
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, 50 far as
the same Ure apple, BILE and not inconsistent
with the laws OF the United States.
SEC 2. That mining claims upon veins Ut
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 date of their location. mining claim located
after the passage of this act, whether located 10y
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 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.
ty-fye feet on each side Of the middle of the vein
st the surface, except where adverse rights exist
ing al the passage Of this act shall render such
Limitation necessary. The end-lnes Of each
claim shall be parallel 10 each other.
SEC 3. That the locatOrs Of all mining locs-
tions heretofore made, or which shall hereafter
be made any mineral vein, lode, or ledge, Sit
mated 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 ths 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
lv, although such veins, lodes or Lodges may so
y
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 downing 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 pOsst ss1r Of vein
lode which extends in its downward course
beyond the vertical lines of his claim to enter
upon the surface Of q claim owned or poss sSed
by another.
SEC. L. That where tunnel is run for the
development OF 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 such tunnel Of veins o.
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 fOi
six months shall be considered Us an abandon
ment of the right to all undiscovered veins ul
the line Of said tunnel.
SEC, 5. Tn t the miners Of each mining dis
trct may make rules and regulations not in con
nict with the laws OF the United States, witt
the laws Of the State or Territory in which tn
district lis situated. governing the location, man
ner OF recording, amount Of work necessary I
hold possession of 3 mining claim, subject :
the following requirements: Location must b
distinctly marked on the ground SO that ii
boundaries can be readily traced All records G
mining Clnins hereafter made shall contain III
name or names of the lCcatOrs, date Of the loCa
ton, and such description of the claim 0
claims located by refereutncs to some natura
object or permanent monument Us Will identii
the claim. On each claim located after the pas
sage Of this act, and until q patent shall lav
been issued therefor, no less than one hundre
dollars worth Of labor shall be performed or in
provements made during each year. On al
claims located prior to the passage of thi
act, ten dollars worth of labor shaI
be performed or improvements mad
each year for each one hundred fee
in length along the vein until patent shal
have been issued therefor: but where such claim
are held i'll common, such expenditure may b
made upon any one claim; and upon failure t
comply with these conditions, the claim or min
upon which snch failure occurred shall be ope
to relocation in the same manner as II no luci
ton Of the same had ever been made PROVIDED
That the original locators, their heir
assigns, OF legal representatives, have not r.
Eumed work upon tho claim after such failui
and before such location. Upon the failure
any one Of several co-owners to contribute h
portion Of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the expiratiO
of the year, give such delinquent CO, owner pc
sonal notice in writing or notice by pubicatiu
in the newspaper published nearest the CLAIM
for at least once week for ninety days, and If
the expiration Of ninety days after such notice
writing orby publication such delinquent shout
fail or refuse TO contribute his proportion
comply with this act, his interest in the claii
shall become the property of his co-owners WI
have made the required expenditures
SIC. 6. That a patent for any land claim,
and located for valuable deposits may be o.
tanned in the following manner; Any persol
association or corporation authorized to locate
claim under this act, having claimed and locate
piece Of land for such purposes, who has,
have, complied with the terms Of this act, ma
file in the proper land-ofice an application for
patent. under oath, showing such compliance
together with plat and held-notes Of the clail
or claims in common. made by or under the d
rection Of the United States Surveyor Genera
showing accurately the boundaries OF the CLAN
or claims, which shall be distinctly marked b
monuments on the ground, and shall post cop
OF such plat, together with notice of sue
application for patent, in conspicl
Gus place on the land embraced in such plat prt
yious to the filing OF the application for pa
ent, and shall file an affidavit Of at least tw
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-office, and shall thereupon be entitle
to a patent for said land, in the manner follow
ing: The register of the land-ofiice, upon til
filing of such application, plat field. notes, NJ
tlces and afhdaylts, shall publish notice tina
such application has been made, for the perio
of sixty days, in a newspaper to be by him des J..
mated as published nearest to said claim; and h
shall also post such notice in his office for ii
same period. The claim at the time Of film
this application, or at any time thereafter, witt
in the sixty days OF publication, shall file wit
the register certificate of the United State
Surveyor General that Ave hundred dollar
worth OF labor has been expended or improv
ments made upon the claim by himself or graz
tors; that the plat is correct, with such furth,
description by such reference to natural objec
or permanent monuments shall identity Il
claim, and furnish an accurate description. to
incorporated in the patent. At the expiration
the sixty days Of publication the claimant sha
file his affidavit, showing that the plat and
tice have been posted in aconspicuous place c
the claim during said period Of publication.
no adverse claim shall have been filed with ii
register and the receiver of the proper landoffi,
at the expiration Of the sixty days of publicatio
it shall be assumed that the applicant is entitle
to patent. upon the payment to the proper o
ncer OF I'VE dollars per acre, and that no adver,
claim exists; and thereafter no objection fro,
third parties to the issuance of patent shall |
heard, except IL be shown that the applicant h,
failed to comply with this act.
SEC. 7. That where an adverse claim shall I
fled during the period of publication. 1T shall |
upon oath of the person or persons making II
same, and shall show the nature, boundarie