Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-31
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Loca-
ton, Holding and Working of
Mining claims Upon the Public
Domain.

Below will be found Al xbstract OF the Mining
Laws of the United States, as passed by Con-
sress and approved May 10. ls72. These are the
last, and hence the only mining laws Of general
interest and force, with tine single exception of a
portion Of section 5, in reference to the reloca-
tion of slams and mines located prior to the
passage of the general mining law. The Act
smsnding the section alluded TO will also be
found. following the general law modifying sec
;ion 5, so that claim located prior to May 10,
ls72 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
resentatives Of the United States Of America in
Congress assembled, That all valuable mineral
deposits in lands belonging to the United States,
both surveyed and unsurveyed, 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 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. 2. 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
tho customs, regulations, and laws in force at
the da'e 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 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-ve feet on each side of the middle of the vein
at the surface except where adverse tights 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 Q. That the locators Of all mining lOca-
tions heretofore made, or which shall hereafter
be made, 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
possesgory title, shall have the exclusive right of
possession and 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-lines extended downward vertical
ly, although such veins, lodes or lodges may so
far depart from perpendicular in their course
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 u claim owned or possessed
by another.
SEC. 4. That where tunnel is run for the
development OF q vein or lode or for the discoY-
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 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. s. That the miners Of each mining dis
trict may make rules and regulations not in con
hict with the laws of the United States, or with
the laws of the State or Territory in which tbs
district is situated, governing the location, man
ner Of recording, amount Of work necessary t.
hold possession of a mining claim, subject t
the following requirements: Location must b
distinctly marked the ground SO that ii
boundaries can be readily traced. All records c
mining claims hereafter made shall contain tn
name or names Of the lucators, date of the loct
ton, and such description Of the claim 9
claims located by reference 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 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 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 shal
have been issued therefor butwhere such claim
are held in common, such expenditure may b
made upon any one claim; and upon failure {
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: Provided
That the original locators, their heir
assigns, or legal representatives, have not r
sumed work upon the claim after such failul
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 expiratiC
OF the year, give such delinquent co owner pc
sonal notice in writing or notice by publicatiC
in the newspaper published nearest the clair
for at least once week for ninety days, and if
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 clai
shall become the property of his co-owners wi
have made the required expenditures
SEC. 6. That patent for any land claim,
and located for valuable deposits may be o
tanned in the following manner: Any perso
association or corporation authorized to locate
claim under this act, having claimed and locat,
n piece of land for such purposes, who has,
have, complied with the terms of this act, mt
file in the proper land-office an application for
patent under oath, showing such ComplianC
together with plat and field-notes of the clai
claims in common, made by or under the d
rection of the United States Surveyor Genera
showing accurately the boundaries Of the clai
or claims, which shall be distinctly marked
monuments on the ground and shall post COZ
of such plat, together with notice of sue
application for a patent, in conspic
Gus place on the land embraced in such plat pr
vious to the filing of the application for pa
ent, and shall file an affidavit of at least tv
persons that such notice has been duly posted
aforesaid and shall file copy of said notice
such land.otfice and shall thereupon be entitlt
to a patent for said land, in the manner follow
ing: The register of the lsnd-office, upon Il
filing of such application, plat, teld-notes II
tees and affdavits, shall publish notice tn,
such application has been made, for the periC
OF DAYS, IN ne Wspdper 10 De Dy MN utSl
mated as published nearest to said claim; and l
shall also post such notice in his office for IL
same period. The claim at the time of flliI
this application, At any time thereafter, wit
in the sixty days of publication, shall file wit
the register a certificate Of the United Stat
Surveyor General that Ave hundred dolla
worth of labor has been expended or improv
ments made upon the claim by himself or gra
tors: that the plat is correct, with such furth
description by such reference to natural objec
or permanent monuments as shall identify Il
claim, and furnish an accurate description, to
Incorporated in the patent. At the expiration
the sixty days of publication the claimant shi
file his affidavit, showing that the plat and Il
tice have been posted in aconspicuOus place
the claim during said period Of publication.
no adverse claim shall have been filed with {
register and the receiver of the proper land-offi
at the expiration of the sixty days of publicati,
it shall be assumed that the applicant is entit
to patent, upon the payment to the proper
hcer OF five dollars per acre, and that no adver
claim exists; and thereafter no objection fro
third parties to the issuance of a patent shall
heard, except it be shown that the applicant h
failed to comply with this act.
SEC I. That where an adverse claim shall
filed during the period of publication, it shall
upon oath of the person or persons making 4
same, and shall show the nature, boundarit
and extent of such adverse claim, and all pI
ceedings, except the publication of notice al
making and fling of the affidavit thereof sh,