Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-17
THE pIocHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing iise Loes-
ton, Holding and Working OF
Mining Claims Upon the Puhiie
nomaiu.

Laws OF the United States, as passed by Con J
gress and approved May 10. 1874. These are the I
last, and hence the only mining laws Of general /
interest and force, with tire single exception OF
portion Of section 5, in reference to the relocs-
tiSn Of claims and mines located prior to the
passage OF the general mining law. The Act
amending the section alluded TO VIII also be
found. following the general law modifying sec-
lion !. 80 thst claim located prior to Aay 10,
1872, Is not subject to relocsticn until June 10,
1874.
AN ACT 10 promote the development ~ the
Mining resources Of the United States
BE 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,
beth surveyed snd unsuryeyed, arc hereby de
elared 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 aud
those who have declared there intention to b.
come such. under regulations prescribed by law,
aud according TO the local customs OF rules Of
miners in tho several mining districts 50 far Es
the same are applicable and not inconsistent
with the laws OF the United states.
SEC. ?. That mining claims upon veins OF
lodes Of quartz or other rock in plsce bearing
gold, silver, cinnaOar, lead. tin, copper, OF other
valuable deposits heretofore located, shall BE-
governed a. to length along the vein or lode by
the customs. regulations, and laws in force az
the da G OF theirlocation. A mining claim located
after the passage of this act whether located by
one OF more persons, may equal, but shall not
.xceed one tn ousand FIVE hundred feet in length
along the vein or lode; but no location OF min
ing claim shall BE- made until the discovery 81
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-fye feet on each side Of the middle OF the VEN
at the surface, except where adverse rights exist
ing at the passage OF this act shall render such
Limitation necessary. The end-liDes Of each
claim shall Toe parallel to each other.
SIC. 3. That the locatOrs Of all mining loca-
tons 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 80 long 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
possescory 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-lincs extended downward vertical
iy although such veins, lodes or lodges may 20
far depart from q 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
oil fuCn VEINS or leuptb small I've CDuuiltu 10 huCu
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 viii 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
or lode which extends in its downward course
beyond the vertical lines Of his claim to enter
upon the surface OF claim owned or possess
by another.
Sea That where Il tunnel is run for the
development OF q 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 lUdos
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 same
extent as il 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 is being prosecuted
with reasonable diligence shall be Invalid; but
failure to prosecute the work on the tunnel for
six months shall DE considered as an abandon
ment OF the right to all undiscovered veins On
the line Of said tunnel.
SIC g. That the miners Of each mining dis
trict may make rules and regulGtionsn not in con-
tict 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 Il
hold possession Of mining claim, subject e
the following requirements: Location must w
distinctly marked on the ground so that III
boundaries can be readily traced, All records o.
mining claims hereafter made shall contain tn,
name or names OF the lOcators date Of the loca
ton. and such description Of the claim OF
claims located By refcrcnence TO some naturs
object or permanent monument as viii identify
the claim. ON each claim located after the pas
sage Of this act and until patent shall have
been issued therefor, 10 less than one hundrrt
dollars worth Of lGbOr shall be performed or i'm
provements made during each year. On al
claims located prior to the passage OF thi
act ten dollars worth Of labor shGl
be performed or improvements mad'
each year for each one hundred fee
In length along the vein until patent shal
have been issued therefor; but where such claim
are held in common, such expenditure may b.
made upon any one claim; and upon a failure t.
comply with these conditions, the claim or min
upon which such failure occurred shall be opel
10 relocation in the same manner rs II no loch
tion Of the same had ever been made: Provided
That the original lOcsturs, their heirs
assigns, or legal representatives, have not II
stunned work upon the claim after such failur
and before such location. Upon the failure o
any one Of several co-uwners to contribute hi
portion OF the expenditures required by this ac
the co-owners who have performed tine labor &
made the improvements may, at the expiratio
OF the year. give such delinquent c0,owner PEI
sonRl notice iii writing or notice by publcatiO
In the newspaper published nearest the CLAIM
for at least once week for ninety days, and if
the expiration Of ninety days after such notice
writing Orby publication such delinquent shoul
fail or refuse to contribute his proportion
comply with this act, his interest in the cla
shall become the property Of his co-owners vi
have made the required expenditures.
SEC. Il. That patent for any land claimt
and located for valuable deposits may be o
tanned in the following manner; Any peTso
association, or corporation authorized to locate
claim under this act, having claimed and locat
n piece OF land for such purposes, who has,
have, complied with the terms of this act, IN
file in the proper land-oftice an application fol
patent, under oath, showing such complain,
La faI. t.s.4au
or claims in common, made by or under the
rectiOn of the United States Surveyor Generi
showing accurately the boundaries of the clai
or claims, which shall be distinctly marked
monuments on the ground and shall post col
Of such plat, together with notice of SUI
application for patent, in conspic
Gus place on the land embraced in such plat pr
vious to the filing Of the application for a pI
ent, aud 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-office. and shall tiereupon be entitl
to patent for said land, in the manner folio
ing: The register Of the land-office, upon Il
Ming of such application, plat feld-notes, u
tices and afidavits, shall publish notice til
such application has been made for the peri
Of sixty days, in newspaper ne by him DIES
mated as published nearest to said claim; and
shall also post such notice in his Office for (
same period. :" ,claim at the time of fiji
this application. oIat any time thereafter, wit
in the sixty days of publication, shall file wi
the register certificate of the United stat
Surveyor General that five hundred dolls
worth of labor has been expended impro'
nents made upon the claim by himself or gra
tors; that the plat is correct, with such furth
description by such reference to natural objeC
or permanent monuments as shall identify {
claim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty DAYS Of publication the claimant shi
Gle his affidavit, showing that the plat and 4
.,ee have been posted in conspicuous place
the claim during said period OF publication.
no adverse claim shall have been filed with I
register and the receiver of the proper land-ohi
at the expiration Of the sixty days of publicati
it shall be assumed that the applicant is entitl
to a patent upon the payment to the proper
ficer of five dollars per acre, and that no adver
claim exists; and thereafter no objection fro
third parties to the issuance of patent shall
heard except 1t be shown that the applicant b
failed to comply with this act.
SEC Z. That where adverse claim shall
filed during the period of publication, it shall
upon oath of the person or persons making &
same, and shall show the nature boundarit
and extent of such adverse claim, and all pr
ceedings, except the publication Of notice al
making and filing Of the affidavit thereof, sha
H., hall hoxra ha.