Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-14
THE pIocHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
tIon. Holding and Working Of
Mining Claims Upon the Public
Domain.

Below will b. found al sbs,rse; u the Mining
Laws OF the United States, Is passed by Con-
gress and approved May 10, 1872. These are the
last. and hence the only mining laws 0. general .
ntsres; and force, with tine single exception Of 4
portion o. section 5. in reference to the relors-
iiOn OF claims and mines located prisr 10 the .
passage Of tho general mining Jaw. The Act .
Amending the section alluded TO will also be 4
found. following the general law modifying seo-
ton S. 30 that claim located prior to 4Isy 10,
lss2 Is not subject to relocation until JuEc 10,
1874.
AN ACT to promote the development OF the
Mining resources of the United States
Be 1t enacted by the Senate and House OF Rep
resentatiyes o; the United States CT America in
Congress aInbled, That all valuable miDorpl
deposits in lands belonging 10 the United States,
beth surveyed and unsuryeyed, are hereby de.
clsred TO be free and open to exploration and
purchase. and the lands In which they
are found to occupation AMI purchase
by citizens Of the United States and
those who have declared there intention 10 be-
come such under regulations prescribed by law,
and according TO the local customs or rules Of
miners in the several mining districts, 50 far ss
tho same are applicable AID not inconsistent
with the laws OF the United States.
SIC. .. That mining claims upon veins or
iodes OF quartz other rock IL place bearing
gold silver, cinnsbar, Lead tan, copper. or other
valuable deposits heretofore located shall b
governed Is to length along the vein or lode by
the customs, regulations, and laws in force at
the ds 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 IN Ousand five hundred feet in length
along the vein or lode but no location Of a 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 10 less than TWEEN
ty-hve feet each side Of the middle OF the vein
at the surface, except where adverse rights exist
ing at the passage OF this act shall render such
limitation necessary. The end-lines oi each
claim shall be parallel to each other.
SEC. 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 as they comply with the
laws Of the United States and the State, Terri
torisl and local regulations not in conflict with
said laws OF the United States governing their
possssGnry title, shall have the exclusive right of
possession and enjoyment OF all the surface in
cuded 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-lnes extended downward vertical
~, 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
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 iutersect
such exterior parts of said veins or lodges And
provided further, that nothing in this section
sball authorize the locator or poss.ssOr Of vein
or lode which extends in its downward course
beyond tho vertical lines OF his claim to enter
upon the surface OF claim owned or possessed
by another.
SEC 4. That whore a 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 same
extent as II 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 FOL
six months shall he considered as an abandon
ment Of the right to all undiscovered veins OF
the line OF said tunnel.
SEC 3. That the miners Of each mining dis
trict may make rules and regulations not in con
hict with the lTws Of the United States, or witt
the laws Of the State or Territory in which tn
district is situated, governing the location, maj
per Of recording, amount OF work necessary :
hold possession Of mining claim, subject !
the following requirements Location must /
boundaries can be readily traced. All records
mining claims hereafter made shall contain n
name or names OK the locatOrE, date Of tie loo,
ton and such 8 description of the claim {
claims located by referenence to some natllrt
object or permanent monument as will identtf
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 hundre
dollars worth OF labor shall be performed or in
provements made during each year. on a
claims located prior 10 the passage Of tn
act, ten dollars worth Of labor shs
be performed or improvements Inat
each year for each one hundred fe
In length along the vein until patent sha
have been issued therefor; but where such CLAIM
are held In common such expenditure may
made upon any one claim; and upon n failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be OPT
10 relocation in the same manner as II no loo
ton Of the same had ever been made: Provide
That the original locators, their HEN
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 ot the expenditures required by this a.
the co-owners who have performed the labor
made the improvements may, at the expirati
OF the year, give such delinquent co owner pt
sonal notice in writing or notice by publicati
in the newspaper published nearest the cla
for at least once a week for ninety days, and If
the expiration of ninety days after such notice
writing or by publication such delinquent shor
comply with this act. his interest in the ella
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 pers
association, or corporation authorized to locat
claim under this act, having claimed and loca
a piece OF land for such purposes, who has
have complied with the terms Of this act II
file in the proper land-oflice an application fC
patent, under oath, showing such complain
together with plat and iield-notes Of the eli
or claims in common, made by or under the
rection of the United States Surveyor Genei
showing accurately the boundaries Of the ella
or claims, which shall be distinctly marked
monuments on the ground, and shall post CT
of such plat, together with notice of 81
application for patent, in a conspi
Gus place on the land embraced in such plat ?
vious to the filing Of the application for j
ent, and shall file an affidavit Of at least t
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-office and shall taereupon be EMIT
to q patent for said land, in the manner follt
ing: The register Of the land-ofhce, upon
filing of such application, plat, fed-notes,
tioes and aiiidavits, shall publish notice t
such application has been made for the per
Of sixty days, in a newspaper De by him de
mated Us published nearest to said claim; and
shall also post such notice in his office for
same period =" y tclaim at the time of fill
this application oiat any time thereafter, W
In the sixty days of publication, shall file "
the register n tcrtlUChls VI tne tulteu gu
Surveyor General that five hundred dol
worth of labor has been expended or impro
Ynents made upon the claim by himself or 81
tors; that the plat is correct, with such furt
description by such reference to natural ohje
or permanent monuments rs shall identify
claim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days of publication the claimant 81
Sle his affidavit, showing that the plat and
zee have been posted in conspicuous place
the claim during said period Of publication.
NO adverse claim shall have been filed with
register and the receiver Of the proper land-of
at the expiration of the sixty days Of publicat
1t shall be assumed that the applicant is emit,
to q patent, upon the payment to the proper
hcer OF five dollars per acre, and that no advt
claim exists; and thereafter no objection fl
third parties to the issuance of pstent shall
heard, except IL be shown that the applicant
failed to comply with this act.
Sfc.7 That where an adverse claim shall
fled during the period of publication. IT shall
upon oath OF the person or persons making
same and shall show the nature, boundar
and extent of such adverse claim, and all r
oeedings. except the publication of notice {
making and filing of the affidavit thereof, 81