Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-08
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Local
ton. Holding and Working Of
Mining Claims Upon the Public
Domain,

Below will be found an abstract of the Mining
Laws of the United States. as passed by Con-
gross and approved May 10, 1871. These are the
last, and hence the only mining laws of general
interest and force. with the single exception of a
portion of section 5, in reference to the reloca-
ton of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded to will also be
found. following the general law modifying sec
ton 5, SO that a claim located prior to May 10,
1872, is not subject to relocation until June 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
resentatives of the United States Of America in
Congress assembled, That all valuable mineral
deposits in lands belonging to the United States,
both surveyed and unsurveyed, are hereby de-
clared 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 and
those who have declared there intention to be-
come such, under regulations prescribed by law,
and according to the local customs or rules of
miners, in the several mining districts so far as
the same are applicable and not inconsistent
with the laws of the United States.
SEC. 2 That mining claims upon veins or
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 at
the dateof elrioeation. 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 min
ing claim shall be made until the discovery of
the vein or lode within the limits of the claim
No al OH Oh, oil
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-1ve feet on 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 of 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, SO long as 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 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
~, hibAbuEH suCli NGiIls, INutS ltibts 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
hail tH.,l
or lode which extends in its downward course
beyond the vertical lines of his claim to enter
upon the surface OF a claim owned or possessed
by another.
SIC. I. That where 4 tunnel is run for the
development of vein or lode, or for the discov-
cry of lniges. 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
3Xtent as IL discovered from the surface; and
ocations on III line OF such tunnel of veins or
odes not appearing on the surface, made by /
ither parties after the commencement of the /
unnel and while the same is being prosecuted |
With reasonable diligence shall be invalid; but /
allure to prosecute the work on the tunnel for
TX months shall be considered as an abandon
nent of the right to all undiscovered veins on
he line OF said tunnel.
SEC. ). That the miners of each mining dis
riot may make rules and regulations not in con-
he laws of the State or Territory in which the
district is situated, governing the location man.
Ter OF recording, amount Of work necessary to
lold possession of a mining claim, subject to
he following requirements: Location must he /
distinctly marked on the ground so that its
can be readily traced. All records of
mining claims hereafter made shall contain the
lame or names OF the locators, date Of the loca-
ion, and such a description of the claim or
laims located by referenencs to some natural
bJect or permanent monument as will identify
he claim. On each claim located after the pas
age of this act and until patent shall have
,een issued therefor, no less than one hundred /
lollars worth o. labor shall be performed or i'm
,rovements made during each year. On all |
'laims located prior to the passage of this |
'ct, ten dollars worth of labor shall |
Ne performed or improvements made
ZACH year for each one hundred feet
n length along the vein until patent shall
nave been issued therefor; but where such claims
ire held in common, such expenditure may be
made upon any one claim; and upon failure to
'omply with these conditions, the claim or mine
upon which snch failure occurred shall be open
o relocation in the same manner as If no loca.
ion OF The same had ever been made: Provided,
That the original locators. their heirs,
Issigns, or legal representatives, have not re-
umed work upon the claim after such failure
md before such location. Upon the failure of
my one of several co-owners to contribute his
portion of the expenditures required by this act,
he co-owners who have performed the labor or
made the improvements may, at the expiration
If the year, give such delinquent co owner per
'onal notice in writing notice by publication
n the newspaper published nearest the claim,
or at least once a week for ninety days and if at
he expiration of ninety days after such notice in
writing orby publication such delinquent should
all or refuse to contribute his proportion to
'omply with this act, his interest in the claim
hall become the property of his co-owners who
nave made the required expenditures.
SIC. 6. That patent for any land claimed
nd located for valuable deposits may be OBJ
aimed in the following manner: Any person.
ssociation or corporation authorized to locate !
lain under this act, having claimed and located
piece of land for snch purposes who has, or
ave, complied with the terms of this act may |
lie IN the proper land-office an application for
stent under oath, showing such compliance |
0gether with plat and field notes of the claim
r claims in common made by or under the di. |
ection of the United States Surveyor General. |
howing accurately the boundaries of the claim |
r claims, which shall be distinctly marked by |
lonuments on the ground, and shall post a COPY
such plat, together with notice of such
pphcafion for patent, in conspicu-
us place on the land embraced in such plat pre-.
ious to the filing of the application for pat
Mt, and shall file an affidavit of at least two
ersons that such notice has been duly posted as
foresaid and shall file copy of said notice in
ieh land-offce. and shall taereupon be entitled
} patent for said land, in the manner follow
lg: The register of the land-office, upon the
ling of such application, plat, field-notes. no. |
ces and affidavits, shall publish a notice that
lch application has been made, for the period |
sixty days, in a newspaper TO be by him desig
ated as published nearest to said claim: and he
lall also post such notice in his Office for the
,me period. The claim at the time of filing
lis application, or at any time thereafter, with.
! the sixty days Of publication, shall file with
he register certificate of the United States |
urveyor General that FIVE hundred dollars |
erth of labor has been expended or improve
tents made upon the claim by himself or gran. !
RS; that the plat is correct, with such further |
escription by such reference to natural objects |
permanent monuments as shall identify the !
aim, and furnish an accurate description, TO be |
Icorporated in the patent. At the expiration of |
lie sixty days of publication the claimant shall |
lie his affidavit, showing that the plat and no. |
ce have been posted in a conspicuous place on |
ne claim during said period OF publication, If \
o adverse claim shall have been filed with the |
sgister and the receiver of the proper land-ofice
the expiration Of the sixty days Of publication |
shal De assumed that the applicant is entitled |
} patent, upon the payment to the proper al. |
Ger OF five dollars per acre, and that no adverse
aim exists; and thereafter no objection from |
iird parties to the issuance of patent shall be |
card, except 1t be shown that the applicant has |
Tiled to comply with this act.
Sec. Z. That where an adverse claim shall be |
led during the period of publication it shall he |
pom oath Of the person or persons making the |
ime, and shall show the nature, boundaries