Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-24
DAILY RECORD
MINING LAW.
Laws OF Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

Domain.
Below will be found an abstract Of the Mining
Laws Of the United States. as passed by Con-
gress and approved May 10. 1872. These are the
last, and hence the only mining laws OF general
interest and force, with the single exception Of
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 $. so that 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 ofthe United States.
Sec. 2. That mining claims upon veins or
lodes of quartz or other rock in place bearing
gold, silver cinnsbar. 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 da'e 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 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 amy claim be linn
tied by any mining regulation to less than TWEEN.
ty-hye 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. 8. That the locators Of all mining loca-
tions 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
ly, 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
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 i'll its downward course
beyond the vertical lines Of his claim to enter
upon the surface Of claim owned or possessed
by another.
SEC. A. That where tunnel is run for the
development of a vein or lode, or for the discoy.
cry OF mines, the owners of such tunnel shall
have the right of possession of all veins or lodCs
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 for
six months shall be considered as an abandon
ment Of the right to all undiscovered veins on
the line of said tunnel.
SEC. 5. That the miners Of each mining dis
trct may make rules and regulations not in con-
tiict 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
hef OF recording amount of work necessary to
hold possession of a mining claim, subject to
the following requirements: Location must he
distinctly marked on the ground SO that its
boundaries can be readily traced. All records of
mining claims hereafter made shall contain the
maine or names of the lucators, date Of the loCa.
ton, and such description of the claim or
claims located by refcrenence 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
provemcnts made during each year. On all
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
nre held in common, such expenditure may be
made upon any one claim; and upon failure to
comply with these conditions, the claim or mine
upon which such failure occurred shall be open
to relocation in the same manner as if no loca.
ton OF the same had ever been made: Provided
That the original locators, their heirs
assigns, or legal representatives, have not re-
-umed work upon the claim after such failure
snd before such location. Upon the failure of
any one of several co-owners to contribute his
portion oil the expenditures required by this act
The co-owners who have performed the labor or
made the improvements may, at the expiration
1f the year, give such delinquent co owner per
Ssnal notice in writing or notice by publication
IN the newspaper published nearest the claim.
Tor at least once a week for ninety days and if at
The expiration OF ninety days after such notice in
writing Orby publication such delinquent should
Tail or refuse to contribute his proportion To
comply with this act his interest in the claim
shall become the property of his co-owners who
have made the required expenditures.
SEC. g. That patent for any land claimed
and located for valuable deposits may he OBJ
tanned in the following manner: ANY person
association, or corporation authorized to locate
claim under this act having claimed and located
4 piece of land for snch purposes who has, or
nave, complied with the terms Of this act, may
lie in the proper land-office an application for a
patent, under oath, showing such compliance.
together with plat and teld-notes of the claim
Jr claims in common, made by or under the di
'ection 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
)f such plat, together with n notice of such
application for patent, in conspicu-
aus place on the land embraced in such plat pre-
'lous TO the ming OF the application for pat
mt and shall file an affidavit of at least two
persons that such notice has been duly posted as
Aforesaid, and shall file copy Of said notice i'm
'uch land-ofiice and shall tiereupon be entitled
o patent for said land, in the manner follow
ng; The register of the land-office upon the |
Hing of such application plat, field.notes. no.
ices and sfhdavits, shall publish a notice that |
uch application has been made for the period
u sixty days, in newspaper to be by him desg-
lated as published nearest to said claim; and he
hall also post such notice in his office for the
anne period The claim at the time of filing
his Application, or at any time thereafter with
n the sixty days of publication, shall file with
he register certificate of the United States |
urveyor General that five hundred dollars |
7orth of labor has been expended or improve. |
lents made upon the claim by himself or gran |
ors that the plat is correct with such further |
escription by such reference to natural objects |
T permanent monuments shall identify the |
lain, and furnish an accurate description, to be |
Incorporated in the patent. At the expiration of |
ne 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, II \
o adverse claim shall have been filed with the |
egister and the receiver of the proper lspd-offce
the expiration Of the sixty days Of publication
shall be assumed that theapplicant is entitled |
} patent, upon the payment to the proper on. /
Ger OF five dollars per acre, and that no adverse
lain exists; and thereafter no objection from
bird parties to the issuance of a patent shall he
card, except it be shown that the applicant has
alIed to comply with this act.
SEC 7. That where an adverse claim shall be
led during the period of publication, it shall b..
pom oath of the person or persons making the
anne, ana Shall show the nature boundaries
NIL al IL.