Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-12
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Gpon the Public
Domain.

Laws Of the United States, as passed By Con
gress and approved May 10. ls72. 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 raloos-
ton Of claims and mines located prior to tie
passage Of the general mining ,Aw. The act
amending tho section alluded 10 will also b.
found. following the general Law modifying Sec
ton :, 50 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 1t 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 and
those who have declared there intention TO be-
come such under regulations prescribed by law.
and according to the local customs or 2 lies Of
miners in the several mining districts, 50 far IS
the same ETs apple bic 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 cinnGb,r, lead, tin, copper, or other
Valuable deposits HtEtttI1EE 4QChtrtlt HLAAA U
governed as u length along the vein or lode by
the customs. regulations, and laws in force al
the dA 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 OF 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
~, uk,g1N v-rs1uF ha
tied by any mining regulation 10 less than twen.
ty.hve feet each side Of the middle O! tbs vein
81 the surface, except where adverse rights exist
ing at the passage Of this act shall render such
limitation necessary. The end.lines q each
claim shall be parallel 10 each other.
SEC. 3. That the locators Of all mining lOca-
lions 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 3, 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
cudsd y thin the lines Of their locations and o!
all veins lodes, and lodges throughout the entire
depth, the top or apex Of which lies inside Of
such surfaee-lines extended downward vertical
", although such veins, lodes or lodges may 50
far depart from perpendicular in their course
A.
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
psrtiOns 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 q v.n
or lode which extends in its downward course
haypul no vertical lines of his claim n ar
upon the surface Of u claim owned or possessed
by another.
SEC l. That where 4 tunnel is rur Tor the
development OF vein or lode, OF for the discOy-
cry Of mi es. 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
70 exist, discovered in such tunnel, to the same
extent a. 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 IL being prosecuted
with reasonable diligence, shall be invalid hut
failure to prosecute the work on the tunnel fol-
six months shall be considered as an abandon
Inent Of the right to all undiscovered veins OIL
the line OF said tunnel.
SEC o. Th,t the miners OF each mining dis
trict may make rules and regulations not in con
fict with the laws Of the United States, or witt
the laws OF the State or Territory in which tn
district is situated, governing the location, Iuan
ner Of recording, amount Of work necessary I
hold possession Of mining claim, subject I
the following requirements: Location must b
distinctly marked on the ground that il
boundaries can be readily traced. All records c
mining claims hereafter made shall contain th
name or names OF the locators, date Of the lOci
ton, and such a description Of the claim c
claims located by referenence to some natura
object or permanent monument as will identit
the claim. On each claim located after the pa.
sage Of this act, and until a patent shall hGv
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; 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 snch failure occurred shall be ope
70 relocation IN the same manner as II no loo;
ton Of the same had ever been made: Provided
That the original locators, their heir
assigns OF 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 b
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 publicatio
In the newspaper published nearest the CLAIM
for at least once Il week for ninety days, and if
the expiration Of ninety days after such notice
writing or by publication such delinquent shoul
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.
SIC. G. That patent for any land elaine
and located for valuable deposits may be Of
tanned in the following manner: ANY persol
association or corporation authorized to locate
claim under this act, having claimed and locate
q piece of land for snch purposes, who has,
have, complied with the terms Of this act ms
file in the proper land-offlce an application FOR
patent, under cath, showing such compllanc
together with plat and field. notes of the clan
or claims in common, made by or under the d
rection of the United States Surveyor Genera
showing accurately the boundaries Of the clail
or claims, which shall be distinctly naked b
monuments on the ground, and shall posi- cop
OF such plat, together with notice of sue
application for patent, in conspict
Gus place on the land embraced in such plat pre-
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 Q
aforesaid, and shall file scopy of said notice i
such land-otilce, and shall tiereupon be entitle
to patent for said land, in the manner follow
ing: The register Of the land-ofiice, upon til
filing Of such application, plat, feld-notes, ne
tees and afidavits, shall publish notice tina
such application has been made, for the perio
Of sixty days, in q newspaper to be by him desif
mated as published nearest to said claim: aud
shall also post such notice in his Office for tn
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 i've 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 turtle
description by such reference 70 natural object
or permanent monuments as shall identity I'll
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 NJ
tice have been posted in conspicuous place o
the claim during said period Of publication.
no adverse claim shall have been filed with I'll
register and the receiver of the proper land-ofhc
ct the expiration Of the sixty days Of publicatio
II shall be assumed that the applicant is entitle
to patent, upon the payment to the proper o.
foer OF FIVE dollars per acre, and that no advers
claim exists; and thereafter no objection fror
third parties to the issuance of patent shall b
heard, except 1t be shown that the applicant ha
failed to comply with this act.
SEC. 7. That where an adverse claim shall b
fled during the period of publication, 1t shall b
upon oath of the person or persons making I'll
same, and shall show the nature. boundaries
and extent Of such adverse claim, and all Pre-