Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-11
DAILY RECORD
MINING LAW.
Laws OF Congress Governing tho Loea-
tfon, Holding and Working %
Mining Claims Upon the Public
nanaIu.

Laws Of the United States. passed by Con. |
sress and approved May 10, 1872. These are the Z
last, AMI henos the only mining laws Of general
ntsrss, AMI ( rec. with ,le single exception Of
portion Of section s. in reference to the reloca-
ti0n Of claims and mines located prior to the
passage Of the g"neral mining NV. The Act
aneud.ng the section alluded TO will also be
found. following the general law modifying sec.
ton g, SO that claim located prior to May 10,
1872. IA not subject to relocation Until June 10,
1874.
AN ACT to promote the development Of the
Mining resources Of the United Stztes'
De It enacted by the Senate and House Of Rep
reseutAtives OF the United states OF America IN
Congress assembled, That all valuable mineral
deposits in lands belonging 70 the United States.
both surveyed and gnsurveyed, are hertby Dc.
elsTed 10 be free and open to exploration and
purchase, and the lands IN which they
are fund 20 occupation and purchase
by citizens 81 the United states sud
those who have declared there intention 70 b.
come such, under regulations prescribed By Law.
aud according to the local customs or rules Of
miners, in the several mining districts, 50 far Is
the same are apple bic and not inconsistent
with the laws Of the United States.
SEC. 2. That mining claims upon veins @.
Iodes Of quartz or other rock IN place bearing
gold silver clnnsbar, lead. tin, copper or other
valuable deposits heretofore located, shall be
bDNGfutt - - ltlHtA blALs Wv NflL U AlAAE ~
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 thousand five hundred feet IN length
along the vein or lode; but no location Of u min.
ing claim shall be made until the discovery Of
the vein or lode within tine limits Of the claim
located No claim shall extend mele 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 on each side Of the middle Of the vein
at the surface, except where adverse rights exist
ing at this passage o. thi act shall render ,uch
limitation necessary. The end-lines If ca. l.
claim shall be parallel 10 each other.
SEC. 5. That the lOcutors Of all mining loca-
tions heretofore made. or which shall hereafter
be made, any mineral vein, lode, or ledge, sit.
ulted on the public domain their heiro and as
signs, where no adverse claim exists at the pas
sage u this act. SO long rs 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 aud enjoyment Of all the surface i'll
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-linrs extended downward vertical
Iy, although sach veins, lcdes OF lodges may
far depart from perpendicular in their course
downward IS 10 extend outside the vertical side
lines Of said surface locations PROVIDED, that
their right uf possession to such outside parts
OF such veins or lodges shall be confined 10 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 ledEes. And
provided further, that nothing in this section
shall authorize the locator or pOssessor Of vein
or lode which extends In is downward course
beyond the vertical lines Of his claim to enter
upon the surface OF claim owned OF poss seed
BY another.
SIC. l. That where 4 tunnel is run for the
development OF vein or lode, Or for the discov.
cry Of mi ca, 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 prevou 'ly known
10 exist, discovered in such tunnel, TO the same
extent as II discovered from the surface and
locations on the line Of such tunnel Of veins or
loies 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 invalid; but
failure to prosecute the work on the tunnel for
six months shall be considered as m abandon
ment Of the right to ell undiscovered veins on
the line Of said tunnel
SEQ. S. TIL the miners Of each mining 4! IS.
trict may make rules and regulations not In con-
fict with the laws of the United States. or with
the laws Of the State OF Territory in which the
district Ia situated governing the location, Tpuu-
ner of recording, amount Of work necessary t.
hold possession of q mining claim, subject &c
the following requirements: Location must b.
distinctly marked on the ground so tnHt ltf
boundaries can be readily traced All records
mining claims hereafter made shall contain .IC
name or names Of the locaturs date OF the lcca.
zion, and such q description Of the claim OF
claims located by referenence to some natural
object or permanent monument as 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
provemerts made during each year. On all
claims located prior to the passage of this
act, ten dollars worth Of labor shall
bs performed or improvements made
each year for each one hundred feet
in length along the vein until patent shall
have been issued therefor: bu; where such claims
are held IN common, such expenditure may b.
made upon any one claim: aud upon failure tC
comply with these conditions, the claim or mine
upon which Such failure occurred shall be oper
to relocation in the same manner as II no loca
ton Of the sane hrd ever been made: Provided
That the original locators, their heirs
assigns, OF legal representatives, have not re
sumcd work upon the claim after such tailur,
and before such location. Upon the failure q
any one OF several co-owners to contribute hi
portion Of the expenditures required by this act
the co-owners who have performed the labor o.
made the improvements may, at the expiration
OF the year, give such delinquent co owner per
sonGl notice in writing or notice by publication
in the newspaper published nearest the Claim
for at least once a week for ninety days, and if a
the expiration Of ninety days after such notice IL
writing or by publication such delinquent shouls
fail or refuse TO contribute his proportion t
comply with this act, his interest in the CLAIM
shall become the property Of his co.owners whit
have made the required expenditures.
Sac. G. That patent for any land claimet
and located for valuable deposits may be OBJ
tanned in the following manner: Any person
association or corporation authorized to locate
claim under this act, having claimed and locate
piece Of land for such purposes who has, Of
have, complied with the terms of this act, ma,
file in the proper land-oflce all 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 by
monuments on the ground. and shall post copy
Of such plat together with n notice Of such
application for patent, in conspicu
Gus place on the land embraced in such plst pre-.
vtous to the filing Of the application for a pat
ent, and shall file an affidavit Of at least two
persons that such notice has been duly posted as
aforesaid, and shall file a copy of said notice in
such land.offce, and shall tdereupon be entitled
TO patent for said land, in the manner follow
ing: The register of the landutfice, upon the
tliug Of such application, plat, FIELD notes, no.
tees and afidavtts, shall publish n notice that
such application has been made for the period
OF sixty days, i'll q newspaper to he by him des g.
mated as published nearest to said claim aud he
shall also post such notice in his Office for the
same period The claim at the time Of filing
this application, or at my time thereafter, with.
in the sixty days Of publication, shall file with
the register certificate of the United States
Surveyor General that 1--WE hundred dollars
worth Of labor has been expended or improve.
ments made upon the claim by himself or gran
tors; that the plat is correct, with such further
description by such reference tn natural objects
or permanent monuments us shall identify the
claim, and furnish an accurae description. to be
incorporated 10 the patent. At the expiration oi
the sixty days Of publication the claimant shall
nle his affidavit, showing that the plat and no.
tice have been posted in aconspicuous place on
the claim during said period OF publication. II
no adverse claim shall have been filed with the
register and the receiver OF the proper and.oflice
ut the expiration Of the sixty days Of publication
1t shall be assumed that the applicant is entitled
toa patent, upon the payment to the proper Of.
neer OF hve dollars per acre, and that no adverse
claim exists; and thereafter no objection from
third parties to the issuance of patent shall be
heard, except II be shown that the applicant has
failed to comply with this act.
Sec. 7. That where an adverse claim shall be
filed during the period of publication it shall be
upon oath Of the person or persons making the
same, and shall show the nature, boundaries
and extent Of such adverse claim, and all pro.
faedinOa except the notification If potiro md