Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-14
THE pIocHE DAILY RECORD.
MININC LAW.
La VS. of Congress Governing the Local
ton. Holding and Working of
Mining Claims Upon the Public
napnaiu


Domain.
Below will be found Al abstract Of the Mining
avs Of the United States. as passed by Con-
,rsss and approved May 10. 1872. These are the 4
asst. and hence the only mining laws Of general ,
nteres: and force. with tine single exception Of a
portion Of section S, In reference to the reloea-
ion Of claims and mines located prior 10 the /
passage Of the general nAins law. The Act /
amending the section alluded TO will also BE- /
Found. following the general law modifying sec
ton 5, so Tat claim located prior to May 10,
1874. Il not subject to relocation until June 10.
1874.
AN ACT to promote the development Of 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,
both surveyed and unsuryeyed, are hereby de-
elared to be free and open to exploration and
purchase, and the lands in which they
ate found TO occupation and purchase
Dy citizens Of the United States and
those who have declared there intention to be-
come such, under regulations prescribed by law,
md according TO the local customs on rules Of
miners in the several mining districts, SO far n
the same are applicable and not inconsistent
with the laws ofthe United States.
sEt. =. lAhl hEpA NE.iAn VI
lodes Of quartz or other rock in place bearing
gold silver cinnabar, lead. tin, copper. or other
valuable deposits heretofore located. shall be
governed as to length along the vein or lode by
the customs, regulations, and laws IN force AZ
the da' c of their location. mining claim located
after the passage of this act, whether located by
one or more persons, may equal, but hhall mol
exceed ono til ousand 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 80 claim shall extend more than three
hundred feet on each side of the middle OF the
vein ri the surface nor shall any claim be lin
tied by any mining regulation to less than TWEEN
ty-tive feet each side of the middle OF the vein
ut the surface except where adverse rights exist
ing 1t the passage Of this act shall render such
limitation necessary. The end-lines Of each
claim shall be parallel to each other.
SEC 3. That the locators Of all mining loca-
lions heretofore made, or which shall hereafter
he made, 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 so long as they comply with the
lsws OF the United States, and the State, Terri.
toriGl and local regulations not in conflict with
said laws Of the United States governing their
posses5ory 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 lines extended downward vertical
", although such veins, lodes OF 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 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 lodges And
provided further that nothing in this section
shall authorize the locator or pOssessor Of a vein
or lode which extends in its downward course
beyond the vertical lines of his claim to enter
upon the surface OF a claim owned ar possessed
by another.
SEC 1. That where & 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 if 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 be considered az an abandon
meut Of the right to all undiscovered veins on
the line OF said tunnel.
SEC. 5. That the miners Of each mining dis
trict may make rules and regulations not in con-
hict with the laws OF the United States or with
district is situated governing the location man
ner Of recording, amount Of work necessary TO
hold possession Of mining claim, subject ia
the following requirements: Location must be
distinctly marked the ground that its
boundaries can be readily traced. All records of
mining claims hereafter made shall contain the
name or names of the lOcators, date Of the loca-
ton, and such description Of the claim or
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 q 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
are held in common, such expenditure may bC
made upon any one claim; and 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 If no locs
tlon OF the same had ever been made: Provided
That the original locstors, their heirs
assigns, or legal representatives, have not re
sumed work upon the claim after such failur
and before such location. Upon the failure o
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
oil the year, give huch delinquent co owner per
sonal notice in writing or notice by publication
in the newspaper published nearest the claim
for at least once week for ninety days, and If a
the expiration of ninety days after such notice II
writing or by publication such delinquent shout
fail or refuse TO contribute his proportion I
comply with this act, his interest in the clair
shall become the property Of his co-owners VIII
have made the required expenditures.
SIC. 6. That patent for any land claim.
and located for valuable deposits may be o,
tanned in the following manner; Any perso,
association, or corporation authorized to locate
claim under this act, having claimed and locate
a piece Of land for snch purposes, who has,
have complied with the terms of this act IN,
Ale in the proper land-office an application for
patent, under oath, showing such complianc
together with plat and held-notes of the clai
or claims in common, made by or under the d
rection of the United States Surveyor Genera
showing accurately the boundaries of the clai
or claims which shall be distinctly marked |
monuments on the ground, and shall post COZ
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 pa
emit, and 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 thereupon be entitl,
to patent for said land, in the manner follo'
ing: The register Of the land-ofiiee, upon Il
nling Of such application, plat. teld-notes, n
tees and affdavits, shall publish q notice tn
6QCQ hppllCatlOif Dttu we perl
of sixty days, in a newspaper De by him des
mated as published nearest to said claim and
shall also post such notice in his office for t
same period. " ,clam at the time of fill
this application. lat 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 or impro'
ments made upon the claim by himself or era
tors; that the plat is correct, with such furtf
description by such reference to natural objet
or permanent monuments az shall identify t
claim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days Of publication the claimant shl
Ale his AFFIDAVIT, showing that the plat and I
Aice 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-off
at the expiration of the sixty days of publicati
It shall be assumed that the applicant is entitl
to patent, upon the payment to the proper
ncer Of ave dollars per acre, and that no adve
claim exists; and thereafter no objection fir,
third parties to the issuance of patent shall
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC Z. That where an adverse claim shall
filed during the period of publication, it shall
upon oath Of the person or persons making I
same, and shall show the nature, boundari
and extent Of such adverse claim, and all p
candi0ou exceuf the notification of notice A