Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-22
THE PIOcHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
nanuain

Below VIII De found an abstract OF the Mining
Laws of the United States, as passed by Con-
sress and approved May 10. 1874 These are the
last. and hsnoe the only mining laws Of general
interest and force with tine single exception Of a
portion Of section ). in reference to the relocs-
tion 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. 50 that claim located prior to May TO-
lsT2. Is not subject to relocation until June TO-
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
resentatives OF the United States Of America in
Congress assembled, That sll valuable mineral
deposits in lands belonging to the United States
both surveyed and unsuryeyed, are hereby de-
clAred 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 apple BILE and not inconsisten Mt
with the laws Of the United States.
SEC. . That mining claims upon veins or
lodes Of quartz other rock in place bearing
gold, silver, cinnabar, lead tin. copper, or other
valuable deposits heretofore located, shall be
governed ss to length along the vein or lode by
the 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 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. nor shall any claim be linn
" ny mi taffn IN sha,t
ty-iiye feet on each side Of the middle of the vein
at the surface, except whore adverse rights exist
ing at the passage Of this act shall render such
Limitation necessary The cnd-lines Of each
claim shall be parallel to each other
SIC. 3. That the locatOrs Of all mining loca-
tons heretofore made, or which shall hereafter
he 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.
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 suriace-lines extended downward vertical
ly, although such veins, lodes or lodges may so
lar depart from perpendicular in 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
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 q claim owned or possessed /
by another.
EpT A nat
development OF 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 |
~ exist, discovered in such tunnel to the same
extent as il 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 rs 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 TO
hold possession Of mining claim, subject 10
the following requirements; Location must be
distinctly marked on the ground SO that its
boundaries can be readily traced. All records of
mining claims hereafter made shall contain the
name or names Of the ocators date Of the loca-
tion, and such a description of the claim or
claims located by refereneuce to some natural
object or permanent monument AZ Will identify /
the claim On each claim located after the pas
sage OF TINS act and until patent shall have
been issued therefor, no less than one hundred
dollars worth OF labor shall be performed or i'm
provements made during each year. On all
claims located prior to the passage of this
act, ten dollars worth of labor shall
be performed or improvements made !
each year for each one hundred feet |
in length along the vein until a patent shall
have been issued therefor; but where such claims
are held In common such expenditure may be |
made upon any one clam; and upon failure to |
comply with these conditions, the claim or mine |
upon which such failure occurred shall be open !
to relocation in the same manner as If no loca |
ton of the same had ever been made: Provided |
That the original locators, their heirs |
assigns, or legal representatives, have not re- |
sumed work upon the claim after such failure |
ana before such location. Upon the failure Of |
any one of several coOwners to contribute his |
portion OF the expenditures required by this act
the co-oWners who have performed the labor or
made the improvements may, at the expiration |
OF the year, give such delinquent co owner per !
sonal notice in writing or notice by publication
in the newspaper published nearest the claim,
for at least once week for ninety days and if at
the expiration of ninety DAYS after such notice in
writing orby publication such delinquent should
comply with this act, his interest in the claim
shall become the property Of his co.owners who
have made the required expenditures.
SIC. g. That patent for any land claimed
and located for valuable deposits may be OBJ
tanned in the following manner: Any person
association. or corporation authorized to locate a
claim under this act, having claimed and located
a piece Of land for such purposes who has or
have, complied with the terms Of this act may
file in the proper land.oflce an application for a
patent, under oath, showing such compliance
together with plat and field. notes of the claim
or claims in common. made by or under the di
rection Of the United States Surveyor General
showing accurately the boundaries Of the claim
or claims, which shall be distinctly marked by |
monuments on the ground, and shall post a copy |
of such plat. together with a notice of such |
application for patent, in conspicu-
Gus place on the land embraced in such plat pre-
vious to the filing of the application for pat
snt, and shall file an affidavit OF at least two
persons that such notice has been duly posted as
aforesaid, and shall file a copy of said notice in
such lsnd-ofice, and shall thereupon be entitled
TO patent for said land, in the manner follow.
ing: The register of the land-ofRce, upon the
fling of such application, plat, field notes no.
tices and afidavits, shall publish notice that
such application has been made, for the period
OF sixty days, in newspaper {, De by him desie-
mated as published nearest to said claim; and he
shall also post such notice in his office for the
same period. = claim at the time Of filing
this application lat any time thereafter with
IN the sixty days of publication, shall file with
the CeTtlncdte OF the United State
Surveyor General that 1--WE hundred dollars
worth Of labor has been expended or improve
fnents made upon the claim by himself or gran
tors that the plat is correct, with such further
description by such reference to natural objects
or permanent monuments shall identify the
claim, and furnish an accurate description to be
incorporated in the patent. At the expiration of
the sixty days of publication the claimant shall
~le his affidavit, showing that the plat and no.
,,ce have been posted in conspicuous place on |
the claim during said period Of publication If
no adverse claim shall have been filed with the
register and the receiver Of the proper land-ofce
at the expiration Of the sixty days Of publication
II shall be assumed that the applicant is entitled
to patent. upon the payment to the proper of
ficer of 1--WE dollars per acre, and that no adverse
claim exists; and thereafter no objection from
bird parties to the issuance of patent shall be
heard, except it be shown that the applicant has
tailed to comply with this act
SEC. T. That where an adverse claim shall be
lled during the period of publication, it shall be
lpon oath OF the person or persons making the
'ame, and shall show the nature, boundaries,
md extent of such adverse claim and all pro.
seedlings, except the publication of notice and
making and filing Of the affidavit thereof, shall
10 stayed until the controversy shall have been
ettled or decided by court Of competent juris-
fiction, or the adverse claim waived. II shall
70 the duty Of the adverse claimant within !
hirty days after hling his claim, to commence
Proceedings in court of competent Jurisdiction
4atl tylaf ha 49, fxl.A y