Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-21
THE PIoCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
tion, Holding and Working OF
Mining Claims Upon the Public
nomain.

D
Domain.
Below will be found an abstract OF the Mining
Laws of the United States. as passed by Con-
gress and approved May 10. 1874. These are the
last, and hence the only mining laws OF general
interest and force, with tine singleexception Of
portion of section 5, in reference to the reloca-
ton Of claims and mines located prior to tho
passage Of the general mining law. The Act
amending tho section alluded to viii also be
found following the general law modifying sec
tion S, SC TIA; clsim 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 it enacted by the Senate and House of Rep /
resentatiyes Of the United States Of America in 4
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 I
are found to occupation and purchase
by citizens of the United States and
those who have declared there intention to be-
como such, under regulations prescribed by law,
and according to the local customs rules of
miners in the several mining districts, 50 far as
the same are applicable and not inconsistent
with the laws Of the United States.
SEC. .. 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
the customs, regulations, and laws in force at
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 til ousand 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 each side of the middle OF the
vein at the surface. shall any claim be linn
tied by any mining regulation TO less than TWEEN
tytve feet ON 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 sneh
limitation necessary. The end-lnes Of each
claim shall be parallel to 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
uated on the public domain, their heirs and as
signs, where no adverse claim exists at the pas
sage of this act, so long rs 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
w. although such veins, lodes OF lodges may
lar depart from perpendicular in their course
downward as to extend outside the vertical side
lines OF SAID surface locations. GfoNlueu, llat
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 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 II claim owned or possessed
by another.
SEC. 4. That where u tunnel is run for the
development OF Il 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 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 Tor
six months shall be considered as an abandon
mept of the right TO all undiscovered veins on
the line Of said tunnel
SEC, 8. That the miners of each mining dis
trict may make rules and regulationsn 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 Z
hold possession Of mining claim, subject {
hefollowlng requirements: Location must b
distinctly marked on the ground so that ii
boundaries can be readily traced. All records o
mining claims hereafter made shaii contain IN
name o names of the lOcators, date Of the Ioca
tion, and such description OF the claim q
claims located by referenence 10 some natura
object or permanent monument AZ Will identn
the claim. On each claim located after the pas
sage of this act, and until patent shall hay
been issued therefor, no less than one hundre
dollars worth Of labor shall he performed or in
provements made during each year. On oil
TO t1a nt Ia
act, ten dollars worth 81 labor shai
b. performed or improvements mad
each year for each one hundred fet
in length along the vein until patent sha
have been issued therefor; but where such claim
ure held in common, such expenditure may l
made upon any one claim and upon failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be ope
TO relocation in the same manner as II no Toe
ton of the same had ever been made: Provide
That the original locators, their heir
assigns, or legal representatives, have not I
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several co-owners to contribute
portion of the expenditures required by this ~
the co-owners who have performed the labor
made the improvements may, at the expirati'
of the wear, give such delinquent co owner pc
sonal notice in writing or notice by publicati'
In the newspaper published nearest the claii
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 cls
shall become the property of his co-owners W
have made the required expenditures.
SEC. G. That patent for any land claim
and located for valuable deposits may be
tanned in the following manner; Any pers
association or corporation authorized TO locat
claim under this act, having claimed and loca
piece of land for snch purposes, who has
have, complied with the terms OF this act
Ale in the proper land-ofice an application fl
ont under oath showing sncl COmpllaI
together with plat and feld-notes OF the eli
claims in common, made by or under the
rection of the United States Surveyor Gene
showing accurately the boundaries of the cit
orclaims, which shall be distinctly marked
monuments on the ground, and shall post ca
Of such plat, together with a notice OF s,
application for patent, in conspl
Gus place on the land embraced in such plat !
yious to the filing of the application for
ent and shall file an affidavit OF at least
persons that such notice has been duly posted
aforesaid, and shall file copy of said notic'
such land-offce, and shall taereupon be EMIT
to patent for said land, in the manner foil
ing: The register of the land Office, upon
filing of such application, plat, feld-notes,
tees and athdavits, shall publish a notice
such application has been made, for the pei
of sixty days, in a newspaper B. De by him de
mated as published nearest to said claim; an'
shall also post such notice IN his ONCE for
same period !" ,claim at the time of fl
this application. lat any time thereafter, "
In the sixty days of publication, shall file
the register certificate of the United st
Surveyor General that five hundred dol
worth of labor has been expended or impr
ments made upon the claim by himself or G
tors; that the plat is correct, with such fur
description by such reference to natural obj
or permanent monuments as shall identify
alsim and furnish an accurate description, t
Incorporated In the patent. AT the expiratio
the sixty days of publication the claimant s
Sic his affidavit, showing that the plat and
,,oe have been posted in aconspicuous plae
the claim during said period OF publication
no adverse claim shall have been filed with
register and the receiver of the proper land-o
at the expiration of the sixty days OF publief
ii shall be assumed that the applicant is ent
to patent, upon the payment to the prope
dcer of Ave dollars per acre ard that no adv
claim exists and thereafter no objection
third parties to the issuance OF patent sha
heard, except it be shown that the applicant
failed to comply with this act
SEC 7. That where an adverse claim cha
filed during the period of publication, 1t sha
upon oath Of the person or persons making
same, and shall show the nature, bounda
and extent of such adverse claim, and all
raadinps except the publication of notice