Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-14

Domain.
Below will be found an abstract of the Mining
Laws of the Uaited States as passed by Con-
gress and approved May 10. 1874 These are tbs
last, and hence the only mining laws OF general
interest and force, with the single exception of
portion of section s, in reference to the reloca-
,ion 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 s, SO that 8 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 !
resentatives Of the United States Of America III /
Congress assembled. That all valuable mineral I
deposits in lands belonging to the United States.
both surveyed and ensuryeyed, 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 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 cinnsbsr 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 do 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
ID. hall AhaaNNs
hundred feet on each side of the middle of the
vein at the surface, nor shall any claim bs lin
tied by any mining regulation to less than TWEEN
ty-ive feet 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 TO each other.
SEC. 3. That the locators of all mining locs-
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 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
all veins lodes. and lodges throughout the entire
depth, the top OF apex of which lies inside OF
such surface-iines extended downward vertical
ly, although such veins. lodes or lodges may SO
lar depart from perpendicular III 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 as lie between vertical planes
drawn downward as aforesaid, through the end
lines of their locations, so continued in their
swn 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
IA .sa..l
beyond the vertical lines Of his claim to enter
upon the surface OF claim owned or possessed
by another.
SEC. L. That whore a tunnel is run for the
development OF q vein or lode, or for the discov-
cry Of mines, the owners Of such tunnel shall
have the right of possession of all veins 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 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 the
district is situated, governing the location, man
ner OF recording, amount OF work necessary tC
hold possession of 3 mining claim, subject Il
the following requirements; Location must b'
distinctly marked on the ground SO that it
boundaries can be readily traced All records o
mining claims hereafter made shall contain tn
name or names OF the lOcators date OF the loca
ton, and such a description OF the claim o
claims located by referenence to some naturh
object or permanent monument will idontif
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 hunsrci
dollars worth Of labor shall be performed or i'm
prevsments made during each year. On al
claims located prior to the passage of thi
act, ten dollars worth OF labor shal
be performed 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 in common, such expenditure may b
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 II no loci
ton Of the same had ever been made: PROVIDED
That the original locators, their heir
assigns, or legal representatives, have not r
samed work upon the claim after such failul
and before such location. Upon the failure
any one of several co-owners to contribute b
portion of the expenditures required by this &C
the co-owpers who have performed the labor
made the improvements may, at the expiratiC
of the year. give such delinquent co'ownsr pc
sonal notice in writing or notice by publicatiC
in the newspaper published nearest the clair
for at least once a 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. G. 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
4 piece of land for such purposes, who has,
have complied with the terms of this act. m
file in the proper landofiice an application fol
patent, under oath, showing such compliant
together with plat and feld-notes OF the clai
or claims in common made by or under the
rection of the United States Surveyor Gener,
showing accurately the boundaries Of the clai
or claims, which shall be distinctly marked
monuments on the ground, and shall post CO..
Of such plat, together with a notice of SUI
application for patent, in conspic
Gus place on the land embraced in such plat pl
vious to the filing of the application for p'
snt, and shall file an affidavit of At least ty
persons that such notice has been duly posted
aforesaid, and shall file copy Of said notice
such land office, and shall thereupon be entitl
to patent for said land, in the manner folio
ing: The register of the land-office, upon t
nling of such application plat, feld-notes, II
tees and afidavits, shall publish notice tn
such application has been made, for the peri
of sixty days, in newspaper to be by him des
mated as published nearest to Said claim; and
shall also post such notice in his Office for t
same period The claim at the time of fiji
this application, or at any time thereafter, wit
in the sixty days of publication, shall file wi
the register certificate of the United Stat
Surveyor General that five hundred dolls
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 furtf
description by such reference to natural obje
or permanent monuments rs shall identify I
claim, and furnish an accurate description, to
Incorporated in the patent At the expiration
the sixty days of publication the claimant sh
file his affidavit, showing that the plat and
tce have been posted in q 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-ofi
vt the expiration of the sixty days Of publicati
1t shall be assumed that the applicant is entit
to patent, upon the payment to the proper
icer of Ave dollars per acre, and that no adve
claim exists; and thereafter no objection fr,
third parties to the issuance of patent shall
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