Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-23
THE PIOCHE DAILY RECORD.
MINING LAW.
Laws OF Congress Governing the Local.
tion. Holding and Working of
Mining Claim. Upon the Public
Domain.

Below Will Dc found an abstract u tie Mining 1
avs Of the United States. a. passed by Con- /
rsss and approved May 10. ls72, These are the |
at, and hence the only mining laws Of general |
n:eres. ana force. with tine single exception Of a
portion 0! section S. in reference TO the relocS
ion Of claims and mines located prior to the
passage Of the general mining law. The Act
amending thu section alluded TO VIII also be
found. following tho general Law modifying sec
ion s, 80 that claim located prior to May 10,
ls72, is not subject 20 relocation until juno 10,
1874.
AN ACT to promote the development Of the
Mining resources Of the United States
Be il enacted by the Senate and House Of Rep
resentatiyes q 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 and
those who have declared there intention 10 be-
come such, under regulations prescribed by law,
and according to the local customs or 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. 2 That mining claims upon veins or
lodes Of quartz or other rock in place bearing
gold silver, einnabar, 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 To ousand 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
+ al 49,. 10 saa1 Ia of tE
vein at the surface, nor shall any claim be lin
tied by any mining regulation to less than TWEEN
ty-fye feet 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 such
limitation necessary. The end-lines Of each
claim shall be parallel to each other.
SIC s. That the lOcators of all mining loca-
lions heretofore made, or which shall hereafter
be made, on any mineral vein, lode, or ledge, sit
uatei 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 an 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
", 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
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 hedges: 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 claim owned OF possessed
by another.
SEC. 4 That where : tunnel Is run ,or the
development OF vein OF lode. CT :0T the discUy-
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, 70 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 came 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. 5. That the miners of each mining dis
trict may make rules and rcgulationsnot in con-
dict 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 Il
hold possession of mining claim, subject t.
the following requirements: Location must b
distinctly marked on the ground so that 1t
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tn
name or names Of the locators, date Of the loca
ton, and such description of the claim O
claims located by refereDence to some natura
object or permanent monument az will identif,
the claim. on each claim located after the pas
sage of this act, and until a patent shall hav
been issued therefor, no less than one hundre'
dollars worth Of labor shall be performed or i'm
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; butwhere such claim
are held in common, such expenditure may b
made upon any one claim; and upon failure
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
to relocation in the same manner as II no loci
ton of the same had ever been made: Provide,
That the original locators, their heir
assigns, or 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 h
portion Of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the expiratiC
OF the year give such delinquent co owner pc
soual notice in writing or notice by publcatit
in the newspaper published nearest the CLAN
for at least once a week for ninety days, and if
the expiration of ninety days after such notice
writing orby publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act, his interest in the clai
shall become the property of his co-owners W
have made the required expenditures.
SEC. 6. That patent for any land claim
and located for valuable deposits may be
- EaIt vs,,.,. A
association or corporation authorized to locat
claim under this act, having claimed and Local
a piece Of land for snch purposes, who has,
have, complied with the terms of this act. n
ale in the proper land-ofce an application fC
patent under oath, showing such complain
together with plat and feld-notes Of the clf
or claims in common, made by or under the
rection of the United States Surveyor Genel
showing accurately the boundaries of the ella
or claims, which shall be distinctly marked
monuments on the ground, and shall Post &C
Of such plat, together with notice of ST
application for patent, in conspi
Gus place on the land embraced in such plat ?
vious 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 flo copy of said notice
such land-offce. and shall thereupon be EMIT
TO a patent for said land, in the manner follt
ing: The register of the land-ofiice. upon
filing of such application, plat, feld-notes,
tees and afhdavits, shall publish q notice
such application has been made, for the per
of sixty days, in newspaper De by him de
mated as published nearest to said claim; ant
shall also post such notice in his Office for
same period. :" ,clam at the time of fl
this application. lat any time thereafter, W
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'
inents made upon the claim by himself or g
tors; that the plat is correct, with such furi
description by such reference to natural obj
or permanent monuments rs shall identity
claim, and furnish an accurate description, Il
incorporated in the patent. At the expiration
the sixty days Of publication the claimant s.
sle his affidavit, showing that the plat and
t,ce have been posted in q conspicuous plac
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 publica
It shall be assumed that the applicant is emit
to patent, upon the payment to the prope
6cer of Ave dollars per acre, and that no adv
clsim exists; and thereafter no objection
third parties to the issuance OF patent sha
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC Z. That where an adverse claim sha
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
ceedings, except the publication OF notice
making and filing of the affidavit thereof, s
be STAYED until the controversy shall have
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