Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-25
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Looa-
tion. Holding and Working OF
Mining Claims Upon the Public
Domain.

Dom ain.
Below will be found an abstract Of the Mini
Law Of the United States. as passed BIZ Co,
gress and approved May 10, 1872. These are Ii
last, and hence the only mining laws Of gener
interest and force, with tine single exception Of
portion Of section 5, in reference to the reloc
tion Of claims and mines located prior 10 Il
passage Of the general mining ,aw. The A,
amending the section alluded TO will also l
found. following the general law modifying So
ton ;. so that clsim located prior to May /
1872, is not subject TO relocation until June Il
1874.
AN ACT to promote the development Of ia
Mining resources of the United States
be it enacted by the Senate and House of Rep
resentatiyes Of the United States Of America il
Congress assembled, That all valuable minera
deposits in lands belonging to the United States
both surveyed and unsuryeyed, are hereby de
elared to be free and open to exploration anl
purchase, and the lands in which the,
are found 10 occupation and purchas
by citizens Of the United States an,
those who have declared there intention to be
come such. under regulations prescribed BIZ law
and according to the local customs or rales O.
miners, in the several mining districts so far a
the same are applicable and not incunsistgn
with the laws OF the United States.
SEC. 2. That mining claims upon veins ol
lodes Of quartz or other rock in place bearinl
gold, silver, cinnabar, lead, tin copper or othel
valuable deposits heretofore located. shall b.
governed as 10 length along the vein or lode by
the customs, regulations, and laws IN force al
the date of their location. mining claim located
after the passage Of this act, whether located by
one or more persons, may equal, but snail no;
exceed one thousand five hundred feet in length
along the vein or lode; but no location Of a min.
ing claim shall be made until the discovery ui
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 linn.
tied by any mining regulation TO less than TWEEN
ty-ye feet on each side Of the middle OF the vein
at the surface, except where adverse rights exist.
ing al the passage Of this act shall render such
limitation necessary. The end-lings Of each
claim shall be parallel to each other
SEC. 3. That the locators Of all mining ioca-
tons heretofore made, or which shall hereaft. =
be made, on any mineral vein. lode or ledge. sit
uated on the public domain, their heirs ana 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.
torlal and local regulations not in conflict with
said laws OF the Omitted States governing their
possessory title, shall have the exclusive right o.
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
AclNI. NV tyE VI apex o. WHICH lies INSIDE OF
such surtace-lines extended downward vertical
~, although such veins, lodes or lodges may SO
lar 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 az 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 interscct
such exterior parts of said veins or lodges: And
provided further, that nothing in this section
shall authorize the locator or p0sscssor Of vein
or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
upon the surface o! a claim owned or possp ssed
by another.
SEC. A. That where a tunnel IS run for the
development OF Vein or lode, or for the disCoy.
cry OF miaes, the owners OF such tunnel Shall
nave the right Of possession Of all veins or loles
within three thousand feet from the face Of surI
tunnel on the line thereof, not previously known
TO exist, discovered in such tunnel, to the same
extent as If discovered from the surface: and
locations on the line Of such tunnel Of veins or
iodes not appearing on the surface, made bv
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 f1r
SIX months shall be considered as an abandon
ment Of the right to all undiscovered veins ON
the line OF said tunnel.
SEC. 5. Tn the miners OF each mining dis
trict may make rules and regulations not in con.
net 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 TO
hold possession Of q mining claim subject TO
the following requirements: Location must b.
distinctly marked on the ground so that its
boundaries can be readily traced. All records Of
mining claim hereafter made shall contain tla
name or names " the lOcatOrs date Of the Iura-
ton and such a description Of the claim or
claims located by referen, n, to some natural
OBJECT or permanent monument as will identify
the claim. On each claim located after the ms
sage OF this act, and until a 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
ire heid IN common, such expenditure may be
MADE upon any one claim; and upon failure to
comply with these conditions. the claim or mine
lpon which such iaHure occurred shall be open
o Relocation in the same manner as II no lGra.
ion OF the same had ever been made: Provided.
That the original locators, their heirs,
sslgns, or legal representatives, have not re-
umed work upon the claim after such failure
ny one Of several co-owners to contribute his
,ortion OF the expenditures required by this act
he co-owners who have performed the labor or
made the improvements may, at the expiration
Il the year, give such delinquent co owner per
onal notice IN writing or notice by Dubliraiio,,
q the newspaper published nearest the claim,
Or at least once week for ninety DAYS and if nj
he expiration of ninety days after such notice in
'rltinB orby publication such delinquent should
al or refuse to contribute his proportion to
ompiy with this act his interest in the claim
nall become the property Of his co-Owllers who /
ave made the required expenditures.
SIC. i. That patent for any land claimed !
nd located for valuable deposits may be oh. /
lined in the following manner Any person.
ssocIatlon. or corporation authorized to locate ,
aim under this act, having claimed and located .
piece Of land for such purposes. who has or |
ave, complied with the terms of this act may
lie in the proper land-Otfice an application for
atent, under oath, showing such compliance
gether with plat and field-notes of the claim
claims i'll common, made by or under the Al.
ction Of the United States Surveyor General
lowing accurately the boundaries of the claim
claims, which shall be distinctly marked nv !
onuments on the ground and shall post a copy
such plat, together with q notice of such
'plcatlon Tor patent, in cOnspicu-
Is place on the land embraced in such Dlat nrn.
Gus to the filing of the application for n nat
It. and shall file an affidavit OF at least two
rsons that such notice has been duly npstrd rs
oresaid, and shall file COPY of said notice in |
ch land-offce. and shall tlereupon be entitled
patent for said land in the manner follow
9; The register of the land-ofice, upon the
ing OF such application. plat. field notes. no.
,es and affdavlts, shall publish notice thar
en- application has been made, for the nerioi |
sixty days, in a newspaper to be by him desto /
ted as published nearest to said claim: and 70 |
all also post such notice in his office for t.e !
me period. The claim at the time of fling
is application, or at any time thereafter. with.
the sixty days of publication, shall file with
e register certificate of the United Stotes
rveyor General that Ave hundred dnlIars
nth OF labor has been expended or improve.
,nts made upon the claim by himself or gran
9; that the plat is correct with such further
scription by such reference to natural objects
permanent monuments as shall identify ,he /
nm, and furnish an accurate description, TO he !
'orporated in the patent. At the expiration of .
sixty days of publication the claimant shall ,
ms afhdavit, showing that the plat and no. .
. nave been posted in a conspicuous place on g
Clam during said period of publication. If :
adverse claim shall have been filed with the !
lister and the receiver of the proper land.of
me tpiraton OF the sixty days of publication /,
shali De assumed that the applicant is entitled \
patent upon the payment TO the proper of. =
u Vi nve dollars per acre, and that no adverse
ro parties to the issuance of patent shall he a
,rd, except it be shown that the annlcant ne oe d
led to comply with this act '-"'
'Ec. T. That where an adverse CLAIM, sh,rh. s.
d during the period of publication ii shall he 1
IN oath Of the person or persons ,noting ~ 81
ne, and shall show the nature, boundsries II
extent OF such adversa clo;,, - -,-NSf A