Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-05
THE pI0cHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loea-
tiea, Holding and Working Of
Mining Claims Upon the Public
Domain.

Domain.
Below will lie found a. abstract OF the Mining T
Laws of the United States, as passed by Con !
gress and approved May TO- 1872. These are the .
last, and hence the only mining laws OF general J
interest and force with tine single exception Of 4
portion o, section 6, in reference to the reioca-
ton of claims and mines located prior to the
passaec Of the general mining law. The Ac; !
amending the section alluded to will also be ,
found. following the general law modifying sec !
ton s. SO that claim located prior to May 10. !
1872, is not suhject 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
elared to be free and open TO exploration and
purchase, and the lands in which they
ar 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. 80 far as
the same applicable and not inconsistent |
with the laws of the United States.
SEC 2. Thst mining claims upon veins or
lodes OF quartz other rock in place bearing
gold silver, cinnsbar, lead, tin, copper, or other
valuable deposits heretofore located, snail be
governed as to length along tho 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 tn ousand FIVE hundred feet in length
along the vein or lode: but no location OF a min.
ing claim shall be made until the discovery OF
the vein 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 linz
tied by any mining regulation to less than TWEEN
tyve feet on each side OF the middle OF the VEN
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
sclAim shall be parallel 10 each other.
SEC. 8. That the locstors of all mining loca-
tons heretofore made, which shall hereafter
be made, any mineral vein. lode, or ledge, sit
aated 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
law. OF the United States and the state, Terri
torial and local regulations not IN connect WIN
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-li lines extended DOWNWARD vertical
ly although such veins, lodes or lodges may SO
far depart from perpendicular in their course
downward es 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 ledges shall DE cOnllneu 10 suCu
portions thereof as lie between vertical planes
drawn downward os 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 a vein
or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
upon the surface OF a claim owned or possessed
by another. .
src A. That where q tunnel is run for the
development OF a vein or lode, or for the discoy,
cry Of mines, the owners OF such tunnel snail
have the right of posses sion Of all veins or odes
within three Thousand feet from the face OF such
tunnel on the line thereof not previously known
10 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 fol
six months shall be considered as an abandon
ment of the right to all undiscovered veins OF
the line of said tunnel
SEC. g. That the miners of each mining dis
trict may make rules and regulations not III 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, mar
ner OF recording amount Of work necessary I
hold possession of a mining claim. subject I
the following requirements: Location must l
distinctly marked on the ground go that Il
boundaries can be readily traced. All records
name or names OF the lot ators. date OF the Loci
ton, and such q description OF the claim {
claims located by referenence 10 some naturi
object or permanent monument as Will ideDtif
the claim On each claim located after the pa
sage OF this act, and until patent shall hay
been issued therefor, no less than one hundrt
dollars worth Of labor shall be performed or in
provements mnde during each year On
claims located prior to the passage OF tn
act, ten dollars worth OF labor sha
be performed or improvements mao
each year for each hundred ie
in length along the vein until patent sha
have been issued therefor; but where such clan
are held in common, such expenditure may
made upon any one claim; and upon q failure
comply with these conditions. the claim or mil
upon which such failure occurred shall be op
to relocation in the same manner as II no loo
ton OF the same had ever been made: Provide
That the original locators their bet
assigns or legal representatives, have not
sumed work upon the claim after such failr
and before such location. Upon the failure
any one of several co-owners TO contribute
portion of the expenditures required by this u
the co-owners who have performed the labor
made the improvements may at the expirati
Of the year, give such delinquent co.owner p
sonal notice in writing or notice by publicati
in the newspaper published nearest the clai
for at least once week for ninety days, and II
tho expiration of ninety DAYS after such notice
writing or by publication such delinquent sho'
fail or refuse to contribute his proportion
comply with this net, his interest in the ella
shall become the property of his co-ovners v
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 Local
claim under this act having claimed and loca
u piece of land for snch purposes, who has
have complied with the terms Of this act. l
nle in the proper land-ofiice an application #
patent, under oath, showing such complain
together with plat and feld-notes of the eli
or claims in common. made by or under the
rsction of the United States Surveyor Gene
al.p H1 ha
or claims, which shall be distinctly marked
monuments on the ground, and shall post C
OF such plat. together with notice OF s.
application for patent, IN consp
ons place on the land embraced in such plat
yious to the filing of the application for
snt and shall file m affidavit OF at least
persons that such notice has been duly poste'
aforesaid, and shall file copy OF said motto
such land-office. and shall taereupon be emit
20 patent for said land, in the manner foil
ing: The register of the lsnd-ofiee, upon
hling of such application plat, held-notes,
tees and afidsvits, shall publish notice
such application has been made. for the PEI
of sixty days. in newspaper Dc pS MN az
mated as published nearest to said claim; an,
shall slso post such notice in his office for
same period. " ,claim at the time of fl
this application. oIat any time thereafter. "
in the sixty days of publication, shall file
the register a certificate OF the United st
Surveyor General that Ave hundred dol
worth of labor has been expended or impr
ments made upon the claim by himself or &
description by such reference to natural obi
or permanent monuments as shall identify
claim, and furnish an accurate description t
Incorporated in the patent. AT the expiratio
the sixty days Of publication the claimant 5
Sie his affidavit, showing that the plat and
ace have been posted in conspicuous plac
the claim during said period Of publication
no adverse claim shall have been filed with
register and the receiver of the proper lando
at the expiration of the sixty days of publica
IL shall be assumed that the applicant is emit
to patent, upon the payment to the prope
ncer Of five dollars per acre. and 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 T. That where an adverse claim sha
iled during the period of publication, it shs
upon oath OF the person or persons making
same, and shall show the nature, bounda
and extent of such adverse claim, and all
oeedines, except the publication OF notice
making and fling Of the affidavit thereof. 9
be stayed until the controversy shall have
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