Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-18


Below will be found an abstract Of ths Mining I
Laws Of the uEited States, as passed by Con. /
gr,ss and approved May 10, lsT2. These ars the |
l.ss, and hence the only mining laws Of general I
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 I
passage OF tbs general mining Jaw. The Act
amending the section alluded TO will also be
found. following the general law modifying Sec
tion S, 50 thst claim located prior to May 10,
Is72, /. not ssbject to relocation until June 10,
1874
AN ACT 10 promote the development Of the
Mining resources Of the United States
Be it 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 70 the United states,
both surveyed and unsurveyeu, are hereby de-
elared to be free and open to exploration and
purchase and the lands In which they
are found to oecapstioa and purchase
by citizens ~ the United States aud
those who have declared there intention to be-
come such, under regulations prescribed by law,
and according 70 the local customs or rales ~
miners, in the several mining districts. 60 IA as
the same are applicable and not iuc1nsis. lt
with the laws Of the United States.
SEC 2. That mining claims upon Yeiaf or
lOdes OF quartz or other rock in place beaLlnE
gold. silver, GlIn.Ddf copper hLANE
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 aA'e Of theirl0catiun. mining claim located
after the passage OF this act whether located by
one or more persons, may equal, but snail not
exceed one thousand ave hundred feet in length
along the vein OF lode; but no location Of min
ing claim shall BE- inside 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 to less than TWEEN
ty-five feet on each side Of tbs middle of the vein
at the surface, except where adverse rights exist
ing st the passage OF this act shall render such
limitation necessary. The end-lines # each
claim shall be parallel to each other.
SEC. 3. That the loeators Of all mining l1cS-
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 is-
signs, where no adverse claim exists at the pas
sage Of this act 50 long as they comply with the
laws Of the United States, and the state, Terri
tlriai and local regulations not IN conflict with
said laws of the United States governing their
possessOry title, shalhhave the exclusive right Of
possession and enjoyment CT all the surface i'll
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 suriace-lines extended downward vertical
ly although such veins, l0des or lodges may 50
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 Us 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 lntersect
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 q claim owned or possessed
by another.
SEC l. That where a 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 lodes
within three thousand feet from the face of such
tunnel on the line thereof not previously known
10 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
lOles not appearing on the surface, made by
other parties after the commencement Of the
tunnel, and while the same l. being prosecuted
with reasonable diligence, shall be invalid; but
failure to prosecute the work ON the tunnel for
six months shall be considered an abandon
meut Of the right to all undiscovered veins On
the line of said tunnel.
SEC. g. That the miners Of each mining dis
trict may make rules and regulations not in con-
fct 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
uer Of recording, amount Of work necessary to
hold possession Of a mining claim, subject to
the following requirements: Location must be
distinctly marked the ground SO that its
boundaries can be readily traced. All records Of
mining claims hereafter made shall contain the
name or names Of the lucators, date Of the loca-
ton, and such a description Of the claim or
claims located by referenence to some natural
object or permanent monument as viii identity
the claim. On each claim located after the pas
sage OF this act, and until a 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
claim. located prior to the passage of this
act ten dollars worth Of labor shall
he 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 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
Sumed work upon the claim after such failure
and before such location. Upon the failure OF
any one of several co-owncrs to contribute hii
portion of the expenditures required by this act
the co-owners who have performed the labor Of
made the improvements may, at the expiration
Of the year, give such 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 n
the expiration of ninety days after such notice il
writing or by publication such delinquent SHOULD
FAIL or refuse to contribute his proportion t,
comply with this act, his interest in the CLAIM
shall become the property Of his cO-owners VIII
have made the required expenditures.
SEC. G. That patent for any land claimed
and located for valuable deposits may be oh
tanned in the following manner: Any person
association or corporation authorized to locate
claim under this act, having claimed and locate
piece of land for such purposes, who has, o
have complied with the terms of this act. ma
lille in the proper land-Qflice an application for
patent, under OATH showing such compliance
together with plat and tielQ-nOtes Of the CLAIM
or claims in common, made by or under the di
rection of the United States Surveyor General
showing accurately the boundaries Of the claim
or claims, which shall be distinctly marked b.
monuments on the ground, and shall post cop
Of such plat, together with notice of sucl
application for patent, in cOnspicu
GUS place on the land embraced in such plat pre-
vious to the filing of the application for pat
ont, and shall file an affidavit Of at least tw,
persons that such notice has been duly posted q
aforesaid, and shall file a copy of said notice il
such land-offce and shall thereupon be entitled
to- patent for said land, in the manner follow
ing: The register of the land-otfice, upon tn
filing of such application, plat, held-nOtes, no
tees and affidavits, shall publish notice tina
snch application has been made, for the periOC
Of sixty days, in a newspaper to be by him desig
mated AZ published nearest to said claim and h
shall also post such notice in his office for tn
same period The claim at the time of film
this application, or at any time thereafter, with
in the sixty days of publication, shall file witt
the register certificate of the United State
Surveyor General that five hundred dollar
worth of labor has been expended or improve
ments made upon the claim by himself or gran
tors: that the plat is correct with such furthe
description by such reference to natural object
or permanent monuments as shall identify tn
claim and furnish an accurate description, to b
Incorporated in the patent. At the expiration {
the sixty days Of publication the claimant sha
file his affidavit, showing that the plat and NJ
tice have been posted in conspicuous place o
the claim during said period of publication.
no adverse claim shall have been filed with tn
register and the receiver Of the proper land-ofic
ut the expiration of the sixty days of publicatio
it shall be assumed that the applicant is entitle
to patent, upon the payment TO the proper o.
fser Of five dollars per acre, and that no advers
claim exists; and thereafter no objection froI
third parties to the issuance of patent shall /
heard except it be shown that the applicant ha
failed to comply with this act.
SEC 7. That where an adverse claim shall
filed during the period of publication, it shall b
upon oath of the person or persons making til
same, and shall show the nature, boundaries
and extent of such adverse claim, and all pr,
eeedings, except the publication of notice an
making and filing of the affidavit thereof, sha
be STAYED until the controversy shall have bee
settled or decided by court of competent juri
dieton, or the adverse claim waived 1t sha
he the duty of the adverse claimant, With