Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-29
THE PIOCRE DAILY RECORD
MINING LAW.
Laws OF Congress Governing the Local
tion, Holding and Working Of
Mining Claims Upon the Public
Domain.

Below will be found an abstract OF the Mining 4
Laws of the United States. Us passed by Con- I
sress and approved May 10. 1872. These are the /
last. and hence the only mining laws Of general I
interest and force. with the single exception Of
portion Of section 5, in reference to the reloes-
ton Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded 10 will also he
found. following the general law modifying Sec
ton ;. so that claim located prior to May 10,
1874, 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 IN
Congress assembled, That all valuable mineral
deposits in lands belonging to the United States,
both surveyed and unsuryeyed, are hereby de-
clsred 10 be free and open 10 exploration and
purchase. and the lands in which they
are found 10 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
the same are applicable and not inconsistent
with the laws Of the United States.
SIC. . That mining claims upon Veins or
lodes OF quartz or other rUck in place bearing
valuable deposits heretofore lucated, shall be
governed as to length along the vein or lode by
tue 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 q 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, For shall any claim be lin
tied by any mining regulation to less than iwen'
ty-ye feet on each side Of the middle OF the VEN
Mt 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. 3. That the locators Of all mining lOea-
tons heretofore made, or which shall hereafter
be made on any mineral vein, lode, or ledge, sit
uated on the public domain. their heirs and u.s.
signs. whore no adverse claim exists at the pas
sage of this act, so long a. 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
Guided 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 he confined to such
portions thereof as lie between vertical planes
drawn downward afOresaid~throu 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 posse ssed
by another.
Sea- That where tunnel is run for the
DEVELOPMENT Of a vein or lode, or for the dlsCOv-
cry of mines. the owners Of such tunnel shall
have the right OF possession of oil 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 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 fOi
six months shall be considered ns an abandon
ment of the right to all undiscovered veinsor
the line of said tunnel.
SEC. &. That the miners of each mining dis
trict may make rules and regulations not in con
dict with the laws of the United States, or will
the laws of the State or Territory in which tn
district is situated, governing the location, man
ntf oil recording, amount OF WORK htttssafS Z
hold possession of a mining claim. subject t
the following requirements; Location must h
distinctly marked on the ground SO that il
boundaries can he readily traced. All records I
mining claims hereafter made snail contain tn
name names of the lUcatOrs, 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 n patent shall hay
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
set, ten dollars worth Of labor shs
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 t
comply with these conditions, the claim or mir
upon which such failure occurred shall be ope
to relocation IN tie same manner as If no loo
ton OF the same had ever been made: PROVIDED
That the original locators, their heir
assigns. or iegal representatives, have not T
sumed work upon the claim after such failu1
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 eXpiratit
Of the year, give such delinquent coowner pc
sonel notice in writing or notice by publcatit
IN tine newspaper nearest Ine Clall
for at least once week for ninety days, and if
the expiration OF ninety days after such notice
writing orby 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 VI
have made the required expenditures.
SEC. 6. That patent for any land claim
and located for valuable deposits may be {
tanned in the following manner: Any perst
association, or corporation authorized to locat
elnim under thig act. having claimed and lOpar
piece of land for snch purposes, who has,
have, complied with the terms of this act, IL
file in the proper land-office an application TO
patent, under oath, showing Such complains
together with plat and field.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 co
of such plat together with notice of su
application for patent in conspic
Gus place on the land embraced in such plat pl
vous to the filing of the application for pi
ent, and shall file IN affidavit of at least II
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-oflice, and shall thereupon be enttl
to patent for said land in the manner folio
ing: The register of the land-oifice, upon I
filing of such application, plat, feld-notes, /
tices and affdavits shall publish notice Il
such application has been made, for the peri
of sixty days, in newspaper : De by him des
mated as published nearest TO SAID claim; and
shall also post such notice in his Office for
same period. '"h ,claim at the time of fill
this application lat 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 grs
tors; that the plat is correct, with such furtt
description by such reference to natural obje,
or permanent monuments as shall identify {
claim, and furnish an accurate description, to
incorporated In the patent. At the expiration
the sixty days of publication the claimant sh
ale his affidavit showing that the plat and /
ice have been posted in aconspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with I
register and the receiver of the proper land-off
at the expiration of the sixty days of publicati
1t shall be assumed that the applicant is entitl
to patent, upon the payment to the proper
ficer Of five dollars per acre, and that no advel
claim exists; and thereafter no objection fro
third parties to the issuance of patent shall
heard, except it be shown that the applicant b
failed to comply with this act.
SEC. Z. That where an adverse claim shall
filed during the period of publication, it shall
upon oath of the person or persons making t
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 filing of the affidavit thereof, shs
hnx-a 1.r