Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-13
THE PIoCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Losa-
tion, Holding and Working of
Mining Claims Upon the Public
Domain.

Below will be found All abstract Of the Mining !
Laws OF the United States. as passed By Con-
gress and approved May 10, 1872. These are the ,
last and hence the only mining laws of general !
interest and force, with the single exception of a
portion of section 5, in reference to the reloea-
tion of claims and mines located prior to the
passage of tho general mining law. The Act
amending the section alluded 10 will also be
found. following the general law modifying sec
ton 5, so that claim located prior to May 10,
1872, Is not subject to relocation until June 10,
1874
AN ACT to promote the development Of the
Mining resources of the United States
Re il enacted by the Senate and House of Rep
resentatiyes 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-
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 applicable and not inconsistent |
with the laws Of the United States
SEC. 9. That mining claims upon veins or
lodes of quartz or other rock in place bearing |
gold, silver cinnubar. 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 tn ousand five hundred feet in length
along the vein or lode; but no location OF NM
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 I'M
tied by any mining regulation to less thAn TWEEN
ty-tive feet each side of the middle OF the VEN
ut 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. 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
uated on the public domain, their heirs and as
signs, where no adverse claim exists at the pas
sage of this act, so long they comply with the
laws of the United States and the state, Terri
toria and local regulations not in conflict with
said laws of the United states governing thelr
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-lines extended downward vertical
w. although such veins, lOdes or lodges may so
far 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 VEN
or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
upon the surface OF claim owned or possessed
by another.
r. nal Is rTt1 fpr o
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 iodes
within three thousand feet from the face OF such
tunnel ON the line thereof, not previously known
10 exist discovered in such tunnel, to tie same
extent Us If discovered from the surface; and
locations on the line of such tunnel o. 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 inyalld; but
failure to prosecute the work on the tunnel Tor
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 regulations not in con
fict with the laws OF the United states, or with
the laws of the State or Territory in which the
district If situated, governing the location man
ner of recording, amount of work necessary &c
hold possession of mining claim, subject L
the following requirements Location must b'
distinctly marked on the ground SO that III
boundaries can be readily traced. All records O
mining claims hereafter made shall contain the
name or names of the lOcators, date Of the loca
ton and such a description of the claim Of
claims located by referenence to some natura
object or permanent monument as Will identlt.
the claim On each claim located after the pas
sage of this act, and until patent shall hav,
been issued therefor, no less than one hundred
dollars worth OF labor shall be performed or i'm
provements made during each year. On al
claims located prior to the passage OF I'M
ant tan doll
lie performed or improvements mad
each year for each one hundred fee
in length along the vein until patent shall
have been issued therefor; utwhere such claim
are held in common, such expenditure may
made upon any one claim and upon failure
comply with these conditions, the claim or min
upon which such failure occurred shall be oope
to relocation in the same manner az II no loci
ton of the same had ever been made: PROVIDED
That the original locators, their heir
assigns or legal representatives, have not r.
sumed work upon the claim after such ialIul
and before such location Upon the failure
any one Of several co-owners TO contribute b
portion of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the eIplratic
of the year, give such delinquent co-owner pc
sonal notice in writing or notice by publicatiC
In the newspaper published nearest the clal1
for at least once week for ninety days, and II
the expiration of ninety days after such notice
writing or by publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act, his interest i'll 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
tanned in the following manner; Any persI
association or corporation authorized to locat
claim under this act, having claimed and locat
piece of land for snch purposes, who has,
have, complied with the terms OF this act, n
ale in the proper land-ofiice an application fo
patent, under oath, showing such complain
together with plat and fieldnotes of the ella
or claims in common. made by or under the
rection Of the United States Surveyor Gener
showing accurately the boundaries of the ella
or claims, which shall be distinctly marked
monuments on the ground. and shall post a CO
of such plat, together with a notice OF 81
application for a patent, IN conspi
GUS place on the land embraced in such plat p
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 file copy OF said notice
such land ofice and shall thereupon be EMIT
to patent for said land, in the manner folk
ing: The register Of the land-oiice, upon
filing of such application, plat teld-notes,
tees and afidavits, shall publish notice
such application has been made, for the per
of sixty days. in q newspaper : De by him de
mated as published nearest to said claim; and
shall also post such notice in his ofhce for
Same ner;od u" ,claim at the time of fl
tbis aiplication. lat any time thereafter, W
in the sixty days of publication, shall hle
the register certificate of the United ST.
Surveyor General that five hundred dol
worth of labor has been expended or imprt
ments made upon the claim by himself or q
tors; that the plat is correct, with such furt
description by such reference to natural obj
or permanent monuments as shall identify
claim and furnish an accurate description, Il
Incorporated in the patent. At the expiration
the sixty days of publication the claimant s.
sIe his affidavit, showing that the plat and
,,ce have been posted in conspicuous place
the claim during said period of publication.
no adverse claim shall have been hled 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 q patent, upon the payment TO the prope
ficer of Ave dollars per acre, and that no adv
claim exists; aud thereafter no objection I
third parties to the issuance Of patent shal
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC 7. That where an adverse claim shal
filed during the period Of publication, 1t sha
upon oath Of the person or persons making
same, and shall chow the nature, bounda
and extent of such adverse claim, and all
eeetiings, except the publication OF notice
1F,,Sv rr no al -hprnOf (