Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-07
DAILY RECORD
MINING LAW.
Law. Of Congress. Governing the Local
tion. Holding and Working OF
Mining Claims Upon the Public
Domain.

Below viii be found an abstract Of tie Mining
Laws Of the United States, as passed by Con
gress and approved Nay 10. 1872. These are the 4
last; and hence the only mining laws Of general /
interest and force, with tls single exception Of .
portion Of section 5, in reference to tie reioca-
ton Of claims and mines located prior to tao 1
passage Of the general mining ,Aw. The Act 1
amending the section alluded 10 Will also be /
found following the general Law modifying soc- /
tlon S, 30 that claim located prior to May 10, /
1872, is not subject to relocation Until June TO- |
1874.
AN ACT to promote the DEVELOPMENT Of the 4
Mining resources Of the United statcs'
Be It enacted by the Senate and House uf Rep J
resentAtiTe- Of the United states Of America in .
Congress assembled, That all valuable mineral /
deposits In lands belonging to the United States I
both surveyed and unsuryeyed, are hereby de {
clared 10 be free and open to exploration and 1
purchAse and the lands ia which they I
by citizens Of the United States aud I
those vi no have declared there intention to be-
come such, under regulations prescribed by law. I
and according TO the local customs or rules Of
miners, il the several mining districts ~ far as
the same are apple bile and not inconsistent
with the laws Of the United states.
SEC. ?. That mining claims upon vein. or
lodes Of quartz or other rock in place hearing
valuable deposits heretofore located, shall be
governed az 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 Ave 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 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 lin
tied by any mining regulation to less than TWEEN
ty-hve 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 cal
claim shall be parallel 10 each other.
SEC 3 That the lOcators Of all mining lOca-
tions heretofore made, which shall hereafter
be made, on any mineral vein, lode, or ledge, sit
uated on the public domain, their beirs and as
signs where no adverse claim exists at the pas
sage u 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 Omitted 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
EuCh suriRce-Lnes extended downward vertical
Iy, although such veins, lodes or lodges may 20
far depart from perpendicular in their course
downward a. TO extend outside the vertical side
lines Of said surface locatioDs Provided, that
their right Of possession 10 such outside parts
of such veins or lodges shall be confined to such
portions thereof a. lie between vertical planes
drawn downward aforesaid, through the end
lines Of their locations, 80 continued in their /
own dir ctiOn that such planes Will intersect
such exterior parts Of said veins or lodges: And
provided further that nothing in this section
,hAll authorize the locator or posseEsOr Of vein
Or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
the Eurfar4. OF a claim owned ODs4pGE4d
by another.
SIC 4. That where tunnel is run for the
development Of a vein or lode, or for the discov.
cry Of mi es 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 eIi.t, discovered in such tunnel, to the same
extent n 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 IL 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
Inent OF the right to all undiscovered veins on
the line Of said tunnel
SEC. .. 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
uer Of recording, amount Of work necessary to
hold possession Of Il mining claim, subject to
the following requirements: Location must be
distinctly marked the ground that its
boundaries can be- readily trhced. All records Of
mining Claius hereafter made shall contain the
name or names Of the lOcatoIs, date Of the lOca-
ton and such description of the claim or
claims located by reference to some natural
object OF permanent monument az 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
pro,ements 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 IN the same manner as II no lOca-
ton Of the same had ever been made: Provided,
That the original locators, their heirs,
assigns, or legal representatives, have not re-
suned work upon the claim after such failure
and before such location. 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 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 al
the expiration Of ninety days after such notice in
writing or by publication such delinquent should
fail or refuse to contribute his proportion tC
comply with this act, his interest in the claim
shall become the property Of his co-owners whc
have made the required expenditures.
SIC. 6. That patent for any land claimet
and located for valuable deposits may be oh
tained in the following manner: Any person
association or corporation authorized to locate
claim under this act, having claimed and locate,
piece of land for snch purposes, who has, o
have complied with the terms of this act ma
tile in the proper land-Office an application for
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 b,
monuments on the ground, and shall post a cop,
of such plat, together with notice of suci
application for patent, in cOnspicu
Gus place on the land embraced in such plat pre-
vious to the filing of the application for pat
ent, and shall file an affidavit Of at least tw,
persons that such notice has been duly posted al
aforesaid, and shall file a copy of said notice II
such land-otfice. and shall taereupon be entitle,
to patent for said land, in the manner follow
ing: The register Of the land-ofiice, upon tn
Ming of such application, plat field notes, no
tices and affdavits, shall publish notice tina
such application has been made, for tne periot
of sixty days, in newspaper De by him dese
mated az published nearest to said claim; and h
shall also post such notice in his office for tn
same period. a claim at the time of film
this application oiat any time thereafter, with
in the sixty days of publication, shall file witt
the register a certificate OF the United State
Surveyor General that five hundred dollar
worth of labor has been expended or improve
nehts made upon the claim by himself or gran
tors; that the plat is correct, with such furthe
description by such reference to natural object
or permanent monuments as shall identify tn,
claim, and furnish an accurate description, to b
Incorporated in the patent. At the expiration o
the sixty days Of publication the claimant shal