Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-30
THE PIOCHE DAILY RECORD.
MINING LAW.
Laws of Congress Governing TIA. Locs-
ton. Holding and Working OF
Mining Claims Upon the Public
Domain.

Avs VI Inc bit'A otaiFrs ~ i7ec'u VA
ress and approved May 10, 1872. These are the
sst. and hence the only mining laws Of general
interest and force, with tine single exception Of
PORTION Of section s, In reference to the rslocs-
ion OF claims and mines located prior 20 the
passage of the general mining law. The act
amending the section alluded 10 will slso lie
found, following the general law modifying Sec
lion 5, so that claim located prior to May 10,
1872, il not subject to relocation until June 10,
ls74
AN ACT to promote the development II the
Mining resources of the United States
Be il 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 nnsuryeyed, are hereby de- !
elared TO be free and open to exploration and 4
purchase. and the lands in which they |
BY citizens Of the United States snd /
those who have declared there intention to he
come SUCH ander regulations prescribed by law,
and according TO the local customs or rules Of /
miners, in the several mining districts 50 FAR as
the same sre applicable and not Inconsistent
with the laws Of the United States.
SEC. ,. That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold silver cinnabsr 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 III force 81
the da' of their location mining claim located
after the passage of this act whether located by
one or more persons, may equal but shall not
xoeed one thousand five hundred feet in length
slong the vein OF lode; but no location OF a min
ing claim shall he 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 TO less than TWEEN
tyfve feet on each side OF the middle OF the VEN
ut 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-
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 u.s.
signs where no adverse claim exists ut 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 apex of which lies inside of
such surface-lines 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
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 i'll their
own direction that such planes will inteisect
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 o claim owned or POSSESSED
by another.
hat xNl,. IL rfi, ~ tlp
DEVELOPMENT OF a vein or lode, or for the discUy-
cry OF mines, the owners Of such tunnel shall
have the right OF possession of all veins or Iodes
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 IL discovered from the surface; and
locations on the line of such tunnel of veins or
iodes 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. ). 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
the laws Of the state or Territory III which the
district is situated, governing the location, man
ner OF recording amount of work necessary t
hold possession of n mining claim, subject It
the following requirements: Location must III
distinctly 1narkeN on the ground SO lnat IL
boundaries can be readily traced. All records o
mining claims hereafter made shall contain thu
name or names Of the iucatorb, date Of the loca
tion, and such description OF the claim OF
claims located by retcrenenCe TO some natura
object or permanent monument as viii 1dentlt!
the claim. On each claim located after the pas
sage of this net, and until patent shall havt
been issued therefor, no less than one hundred
dollars worth of labor shall be performed or i'm
provements made during each year. On al
claims located OriDr to the of thi
act ten dollars worth OF labor shal
be performed or improvements mad
each year for each one hundred fee
in length along the vein until patent shall
have been issued therefor; but where such claim
are held in common such expenditure may b
made upon any Que claim; and upon failure t
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
to relocation IN the same manner as If no lOcs
ton OF the same had ever been made: Provided
That the original locators, their heir
assigns, or legal representatives, have not II
suIned work upon the claim after such falur
and before such location. Upon the failure {
any one of several cu-owners to contribute b
portion of the expenditures required by this nc
the co-owners who have performed the labor {
made the improvements may, at the expiratio
of the year, give such delinquent co owner pc
sonal notice in writing or notice by publicato
in the newspaper published nearest the CLAIM
for at least once week for ninety days, and if
the expiration of ninety days after such notice
fail or refuse to contribute his proportion
comply with this act, his interest in the clai
shall become the property of his co-owners wi
have made the required expenditures,
SEC. G. 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 locat
piece of land for such purposes, who has,
have, complied with the terms Of this act, III
file in the proper land-offce an application fol
patent, under oath, showing such compliant
together with plat and field-notes of the clai
or claims in common made by or under the {
rection of the United States Surveyor Gener,
showing accurately the boundaries Of the clai
or claims which shall be distinctly marked
monuments on the ground, and shall post col
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 pa
-nt, and shall file an affidavit of at least ty
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land office, and shall thereupon be entit
to patent for said land, in the manner folio
ing: The register Of the land-ofice. upon t
filing of such application, plat. iield-notes, II
tees and affidayits, shall publish notice til
such application has been made, for the perm
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 >" ,claim at the time OF fill
In the sixty days of publication, shall file wi
the register certificate of the United Stat
Surveyor General that five hundred dolla
worth of labor has been expended or improS
ments made upon the claim by himself or gra
tors; that the plat is correct, with such furth
description by such reference to natural objec
or permanent monuments as shall identify Il
claim, and furnish an accurate description, to
incorporated in the patent. Al the expiration
the sixty days OF publication the claimant shf
ale his affidavit, showing that the plat and Il
ice have been posted in q conspicuous place
the claim during said period of publication.
no adverse claim shall have been filed with t
register and the receiver of the proper land-ofi
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 1--WE dollars per acre, and that no adver
claim exists; and thereafter no objection fro
third parties to the issuance of patent shall
heard, except it be shown that the applicant h
failed to comply with this act.
SEC. 7. That where an adverse claim shall
filed during the period Of publication. 1t shall
upon oath of the person or persons making Il
same, and shall show the nature, boundarie
and extent of such adverse claim, and all pr
ceedings, except the publication Of notice al
making and filing of the affidavit thereof, sha
~ stayed until the controversy shall have bee
settled or decided by court OF competent juri
diction. or the adverse claim waived 1t sha
be the duty of the adverse claimant, with
thirty days after filing his claim, to commend
proceedings in q court of competent iurisdictio
J,xr fbar Of