Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-22
DAILY RECORD
MINING LAW.
law. Of { congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

gress and approved May TO- 1872. These are the
asst and hence the only mining laws Of general
interest and force. with tine single exception OF q
portion of section 5, in reference to the reloca-
ton 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 5, so that claim located prior to May TO- |
1872, is not subject to relocation until June TO-
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 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 ana
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 OF
lodes Of quartz or other rock in place bearing
poll silver cinnabar, lead, tin, copper, or other
valuable deposits heretofore located, shall be
governed as to length along the vein or lode by
the da of their location. mining claim located
after the passage of this act whether located by
one or more persons, may equal, but shalI NOT
exceed one thousand five hundred feet IN length
along the vein or lode; but no location Of a MN
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 DE nm
tied by any mining regulation to less than TWEEN
ty.hye 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
claim shall be parallel to each other.
SEC B. That the locators Of all mining loca-
tiOns heretofore made or which shall hereafter
be made, any mineral vein, lode, or ledge, Sit
sAted on the public domain, their heirs ana as
signs where no adverse claim exists at the pas
sage Of this act, 20 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 thin 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 surfacelines extended downward vertical
~, although such veins, lodes or lodges may so
far depart from a 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
a.
portions thereof as lie between vertical planes
drawn downward as aforesaid, through the end
lines of their locations, so continued IN thelr
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 claim owned or posst ssed
by another.
SEC. 4. That where a tunnel is run for the
development Of vein or lode, or for the dlscov-
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 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 for
six months shall be considered as an abandon
ment Of the right TO all undiscovered veins on
the line Of said tunnel
SEC ). That the miners of each mining dis
trct 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 &c
hold possession of a mining claim, subject e
the following requirements. Location must be
boundaries can be readily traced All records Of
mining claims hereafter made shall contain the
name or names of the locators date of the loca
tiun, and such description Of the claim oil
claims located by retorenence to some natural
object or permanent monument as will identify
the claim. On each claim located after the pas
sage OF this 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 patent shall
have been issued therefor; but where such claims
are held in common, such expenditure may be
made upon any one claim; and upon failure to
comply with these conditions, the claim or mine
upon which such failure occurred shall be open
TO relocation III the same manner as if no lOca-
tion 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
and before such 10 alton. Upon the failure OF
any one Of several co-owners to contribute his
portion of the expenditures required by this act
the co-owners who have performed the labor OF
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 a
the expiration of ninety days after such notice il
writing or by publication such delinquent SHOULD
fail or refuse to contribute his proportion T.
comply with this act, his interest in the claI
shall become the property of his co-owners VIII
have made the required expenditures.
SIC. 6. That patent for any land elaine
and located for valuable deposits may be oil
tanned in the following manner: Any persoi
association or corporation authorized to locate
claim under this act, having claimed and locate
a piece OF land for such purposes, who has,
have, complied with the terms of this act, mt
Ia n no lapl-ofhce IN annliratio for
patent, under oath, showing such complianc
together with plat and held-notes of the clai
or claims in common, made by or under the
rection of the United States Surveyor Genera
showing accurately the boundaries of the clai
or claims, which shall be distinctly marked |
monuments on the ground, and shall post a col
OF such plat. together with a notice of SUI
application for patent, in conspic
Gus place on the land embraced in such plat pr
vious to the filing of the application for pi
ent, and shall file affidavit Of at least t,
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-office, and shall thereupon be enttl
to patent for said land, in the manner folio
ing: The register of the land-otiice, upon t
hling of such application, plat, eldnotes, I
tees and affidavits, shall publish a notice IL
such application has been made, for the peri
of sixty days, in a newspaper to be by him DIES
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period. The claim at the time of fill
TINS appllcatlOn, OF AZ any time Thereafter, WI
in the sixty days of publication, shall file W
the register certificate Of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
ments made upon the claim by himself or gr
tors; that the plat is correct, with such furt
description by such reference to natural obje
or permanent monuments as shall identify
claim, and furnish an accurate description, to
incorporated in the patent. AT the expiration
the sixty days of publication the claimant 81
hle his affidavit, showing that the plat and
tice have been posted in 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 of
at the expiration of the sixty days of publicat
it shall be assumed that the applicant is EMIT
to patent upon the payment to the proper
hcer Of Ave dollars per acre, and that no adve
claim exists; and thereafter no objection fr
third parties to the issuance of a patent shall
heard except it be shown that the applicant
failed to comply with this act.
SEC. 7. That where an adverse claim shall
filed during the period of publication, it shall
upon oath OF the person or persons making
same, and shall show the nature, boundar
and extent of such adverse claim and all I
ceedings, except the publication OF notice
making and filing Of the affidavit thereof 81
be stayed until the controversy shall have b
settled or decided by a court Of competent in
diction, or the adverse claim waived. 1t 81
be the duty of the adverse claimant, wit