Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-26
The PlOCHE DAILY RECORD.
MINING LAW.
Laws OF Congress Governing the Local
tion, 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-
gress and approved May 10. 1872. These are the
last, and hence the only mining laws OF general
interest and force, with tine single exception Of 4
portion Of section 5, in reference to the reloes-
.iJn Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded TO viii also be
found. following the general law modifying sec
tion 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 10 occupation and purchase
by citizens Of the United States and
those who have declared there intention to be-
and according to the local customs or rules of
miners, in the several mining districts, SO far
the same are applicable and not inconsistent
with the laws Of the United States.
SEC. 2. That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold, silver, clnnabar, lead, tin, copper, 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 dat Of their location. A mining claim located
after the passage Of this act, whether located by
one or more persons, may equal, but shall not
exceed one tn ousand 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 any claim be linn
tied by any mining regulation to less than TWEEN
ty-fve 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. 8. That the loeators 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
possesgory 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
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 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.
SEC. 4. That where a tunnel is run for the
development OF vein or lode, or for the discoy-
cry of miues, 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
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 is being prosecuted
with reasonable diligence. shall be invalid; but
failure to prosecute the work on til, 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
trict may make rules and regulations not in con-
rict 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 tC
the following requirements: Location must bt
distinctly marked on the ground SO that IT.
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
ton. and such description Of the claim OF
claims located by referenence 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 a patent shall have
dollars worth Of labor shall beperformed or i'm
provements made during each year. On all
claims located prior to the passage of this
act, ten dollars worth of labor shall
be performed or, improvements madt
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 opei
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 failur
and before such location. Upon the failure o
any one of several co-owners to contribute hi
portion of the expenditures required by this act
the co-owners who have performed the labor o
made the improvements may, at the expiration
OF the year, give such delinquent co.owner pei
sonal notice in writing or notice by publicatio
in the newspaper published nearest the claim
for at least once week for ninety days, and if q
the expiration of ninety days after such notice i
writing orby publication such delinquent shoul
fail or refuse to contribute his proportion I
comply with this act, his interest in the claiI
shall become the property of his co-owners VII
have made the required expenditures.
SEC. &. That patent for any land elaine
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 locate
piece of land for snch purposes, who has,
have. complied with the terms of this act. mi
file in the proper land-office an application for
patent, under oath, showing such complianC
together with plat and feld-notes of the clai
or claims in common, made by or under the {
rection of the United States Surveyor Geners
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 a notice of SUI
application for patent, in q conspic
GUS place on the land embraced in such plat pr
vious to the filing of the application for q pa
ent, and shall file an affidavit Of at least tv
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-offce. and shall thereupon be entitl'
to patent for said land, in the manner follo'
ing: The register of the land-office, upon Il
filing of such application, plat, feld-notes, n
tees and afiidavits, shall publish q notice tn
such application has been made, for the peri
of sixty days, in newspaper t. De by him DIES
mated as published nearest to said claim and
shall also post such notice in his Office for t
same period. az ,claim at the time of fill
this application. lat any time thereafter, wi,
in the sixty days of publication, shall file wi
the register certificate of the United Stat
Surveyor General that five hundred dolli
worth Of labor has been expended or impro,
ments made upon the claim by himself or gra
tors; that the plat is correct, with such furth
description by such reference to natural objet
or permanent monuments as shall identify t
claim and furnish an accurate description, to
incorporated In the patent. At the expiration
the sixty days Of publication the claimant sh,
Ale his affidavit, showing that the plat and I
.,ce have been posted in conspicuous place
the claim during said period of publication.
no adverse claim shall have been filed with I
register and the receiver of the proper land off
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 Ave dollars per acre, and that no advel
claim exists; and thereafter no objection FRI
third parties to the issuance Of patent shall
heard except 1t be shown that the applicant
failed to comply with this act.
SEc.T That where an adverse claim shall
fled during the period Of publication, it shall
upon oath Of the person or persons making I
same, and shall show the nature, boundari
and extent Of such adverse claim, and all p
cesdings, except the publication Of notice a
making and fiing Of the affidavit thereof, sh