Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-24
The PlQCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
Domuin,


interest and force, with tine 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
tion 8, SO that claim located prior to May &c,
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 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 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
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 I
miners in the several mining districts so far az
the same are applicable and not inconsistent /
with the laws OF the United States.
SRc 2 That mining claims upon veins or |
lodes of quartz or other rock in place bearing /
gold silver cinnabar, lead. tin, copper, or other |
valuable deposits heretofore located, shall be
governed rs to length along the vein or lode by
the customs, regulations, and laws IN force at
the da . of their location. mining claim located
after the passage of this act whether located by
one OF more persons, may equal, but shall not
exceed one tn OuSand nNe hundred lttI III ltiBlu
along the vein or lode but no location Of a 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 tine
vein at the surface, nor shall any claim be linz
tied by any mining regulation to less than TWEEN
ty-ive feet 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.
SIC 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 tn. 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 thin 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
ly, although such veins, lodes or lodges may so
far depart from perpendicular in their course
downward as to extend outside the vertical sice-
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 aforesaid, through the end
lines Of their locations, 80 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 or possessed
by another.
src.4 That where a tunnel is run for the
DEVELOPMENT Of a vein or lode or for tine discOv-
ery 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
tn Nis discovered Il,
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 If 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 8. That the miners Of each mining dis
trict NAV make rules and regulations not in con-
nict 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
ner Of recording, amount Of work necessary to
hold possession OF mining claim, subject Il
the following requirements: Location must bt
distinctly marked on 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 locators. date of the loca'
tiOn, and such description Of the claim OF
claims located by referenence to some natural
object permanent monument as will identify
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 al
claims located prior to the passage Of this
act, ten dollars worth of labor shall
lie 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 one claim; and upon failure t.
comply with these conditions, the claim or min
upon which such failure occurred shall be opel
to relocation III 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 IT
sumed work upon the claim after such failur
and before such location. Upon the failure
any one of several co-owners to contribute hi
portion OF the expenditures required by this &C
the co-owners who have performed the labor c
made the improvements may, at the explratio
OF the year, give such delinquent co owner pc
sonal notice i'll writing or notice by publicauo
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
writing or by publication such delinquent shoul
fail or refuse to contribute his proportion
comply with this act, his interest i'll 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 snch purposes, who has,
have, complied with the terms of this act, III
file in the proper land-office an application fol
patent under oath, showing such compliant
together with plat and held-notes of the clat
or claims in common, made by or under the
recton of the United States Surveyor Gener
showing accurately the boundaries of the cai
or claims, which shall be distinctly marked
monuments on the ground, and shall post CO.
of such plat, together with a notice OF gu
application for patent, in conspic
Gus place on the land embraced in such plat pl
viOus to the filing Of the application for pi
-nt and shall file affidavit of at least I,
persons that such notice has been duly posted
aforesaid, and shall file a copy Of said notice
such land-offce and shall taereupon be entitl
to a patent for said land, in the manner folio
ing: The register of the land-office, upon {
filing of such application, plat, held-notes, I
tces and affidavits, shall publish notice Il
such application has been made, for the peri
of sixty days in n newspaper : De by him des
mated as published nearest to said claim and
shall also post such notice in his Office for
same period. nh ,clam at the time of fill
this application at any time thereafter, wi
in the sixty days of publication. shall file W
the register certificate of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
ments made upon the claim by himself or gri
tors; that the plat is correct, with such furtl
description by such reference to natural ob)e
or permanent monuments rs shall identify
claim, and furnish an accurate description to
the sixty DAYS of publication the claimant sh
Ale his affidavit, showing that the plat and
zee have been posted in a 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-ofl
Mt the expiration Of the sixty days of publicat
IL shall be assumed that the applicant is EMIT
to a patent upon the payment to the proper
ncer of five dollars per acre and that no adve
claim exists; and thereafter no objection fir
third parties to the issuance of q patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SEC Z. That where an adverse claim shall
Hled during the period of publication, it shall
upon oath of the person or persons making
same, and shall show the nature, boundari
and extent of such adverse claim, and all p
ceedings, except the publication of notice a
making and filing of the affidavit thereof, sh
be STAYED until the controversy shall have be
settled or decided by court of competent jur
diction, or the adverse claim waived. 1t sh
he the duty of the adverse claimant. will
thirty days after filing his claim, to CONNER
proceedings in a court of competent iurisdicti
to determine the question of the right of poss