Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-24

Below will be- found an abstract Of the Mining
Laws Of the United States. 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 tine single exception ola
portion Of section 5. In rsferonce to the reloca-
tiSu Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded 10 will also be
found. following the general law modifying
don 5, 50 that n claim located prior to May 10.
1872 Is not subject to relocation until June 10, |
ls74
AN ACT 10 promote the development Of the /
Mining resources OF the United States
Be it enacted by the Senate and House Of Rep /
r-sentatiyes Of the United States OF America in |
Congress assembled, That all valuable mineral |
deposits in lands belonging to the United ststes,
both surveyed and unsuryeyed are hereby de |
slared 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. 2. That mining claims upon veins or
lodes Of quartz or other rock In place bearing
gold silver, cinnAbar, lead tin, copper, or other
valuable utpOklls ltIttDIurc Huail bt
governed NJ 20 length along the vein or lode by
the customs. regulations, and laws in force at
the dai 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 lin
tied by any mining regulation to less than TWEEN
ty-iye feet on each side of the middle OF the VEN
at the surface except where adverse rights exist
ing OF the passage of this act shall render such
Limitation necessary. The end-lincs Of each
claim shall be parallel to each other.
SEC, 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 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
eluded 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
ly, 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 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
VI lode which extends in its downward course
beyond the vertical lines of his claim to enter
upon the surface of a claim owned OF possessed
by another.
Sea That where u tunnel is run for the
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
to exist, discovered in such tunnel. to the SANE
extent az If discovered from the surface and
locations on the line Of such tunnel of veins 81
lodes not appearing on the surface, made by
other parties after the commencement Of th'
tunnel, and while the same il being prosecuted
with reasonable diligence, shall be invalid; bu
failure to prosecute the work on the tunnel 10
six months shall be considered as an abandon
ment Of the right to all undiscovered veins OF
the line of said tunnel.
SEC 8. That the miners OF each mining dis
trict may make rules and regulations not in cor
hict with the laws of the United States, wit
the laws Of the State OF Territory in which til
district is situated, governing the location, maj
ner OF recording, amount OF work necessary
hold possession of mining claim, subject
the following requirements: Location must
distinctly marked on the ground SO that /
boundaries can be readily traced All records
mining claims hereafter made shall contain Il
name or names OF the locators, date of the loc
ton and such description of the claim
claims located by referenence to some natllr
object or permanent monument as VIII identii
the claim. ON each claim located after the pa
sage Of this act, and until patent shall hay
been issued therefor. no less than one hundrt
dollars worth OF labor shall be performed or in
provements made during each year On a
claims located prior to the passage of tn
act, ten dollars worth Of labor sha
be performed improvements mat
each year for each hundred fe
in length along the vein until patent sha
have been issued therefor; butwhere such claI
are held in common, such expenditure may
made upon any one claim. and upon failure
comply with these conditions, the claim or mi
upon which such failure occurred shall be OPP
to relocation in the same manner as If no loo
ton OF the same had ever been made: Provide
That the original locstors, their he
assigns, or legal representatives, have not
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several co-owners TO contribute
portion OF the expenditures required by this a
the co-owners who have performed tho labor
made the improvements may, at the expirati
OF the year give such delinquent co owner p
sonal notice in writing or notice by pubicati
in the newspaper published nearest the clai
for at least once week for ninety days and If
the expiration Of ninety days after such notice
fail or refuse to contribute his proportion
comply with this act, his interest in the ella
shall become the property Of his co-ownors "
have made the required expenditures.
SEC. 6. That patent for any land CLAIM
aud located for valuable deposits may be
tanned in the following manner: Any pers
association or corporation authorized to loca,
claim under this act, having claimed and loca
piece of land for snch purposes, who has
have complied with the terms of this act, 1
Tile in the proper land-otfice an application fC
patent, under oath, showing such complain
together with plat and feld.no of the eli
or claims in common, made by or under the
rection of the United States Surveyor Gene
showing accurately the boundaries Of the ol,
or claims, which shall be distinctly marked
monuments on the ground, and shall post CO
of such plat together with notice of S,
application for patent, in conspi
Gus place on the land embraced in such plat !
vious to tho 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 motto,
such land-oifice, and shall theronpon be EMIT
to patent for said land, In tho manner foil
ing: The register of the landoffice, upon
nling OF such application, plat. field notes,
tees and affidavits, shall publish q notice
such application has been made, for the pei
OF sixty days, in n newspaper : De by him de
mated as published nearest to said claim; snt
shall also post such notice in his Office for
same period "h claim at the time Of f.
this application lat any time thereafter W
in the sixty days OF publication, shall hle
the register certificate of the United ST
Surveyor General that Ave hundred dol
worth Of labor has been expended or imprt
ments 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 as shall identify
claim, and furnish accurate description, t.
incorporated in the patent. At the expiration
the sixty days of publication the claimant q
sic his affidavit. showing that the plat and
.,ce have been posted in aconspicuous plac
the claim during said period Of publication.
no adverse claim shall have been filed with
register and the receiver Of the proper lahd-o
ut 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
ncer Of Ave dollars per acre, and that no adv
claim exists; ADD thereafter no objection
third parties to the issuance Of patent shal
heard, except 1t be shown that the applicant
failed to comply with this act. $780,
SEC T. That where an adverse claim sha
filed during the period of publication. 1t shs
upon oath of the person or persons making
same and shall show the nature, bounda
and extent of such adverse claim, and all
seedings, except the publication of notice
making and filing of the affidavit thereof, 9
be STAYED until the controversy shall have