Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-11
DAILY RECORD
MINING LAW.


Laws OF tho tnttcd STATES, as passed by Ton.
gress aud approved May 10. is72 Thrse are the
last. and hcnoc the only mining laws 81 general
interest aud force. with thc single exception Of
portion Of section s. in reference TO the reloca.
tlon Of claims and mines located prior 10 the
passage II the general mining law The Act
amending the section alluded TO will also he
found. following the general law modifying sec
ton 8, so that = claim located prior TO May TO-
1879. is not subject to relocation until June TO-
1874.
An ACT 10 promote the DEVELOPMENT of the
Mining resources of the United States
b. 1t enacted by the senate aud House Of Rep
rrscntatives 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. hereby de-
clArcd To be free and open to exploration and
purchase, and the lands in which they
arc found to occupation and purchase
10y citizens Of the United States aud
come such under regulations prescribed by law,
aud according 10 the local customs or rules Of
miners, In the several mining districts. 80 far
the same arr applicable and not inconsistent
with the laws Of the United States.
sac. =, That mining claims upon veins or
lodes Of quartz or other rock IN place bearing
gold, silver cinnahar, lead, tin copper, or other
valuable deposits heretofore located. shall b.
tho customs, regulations. and laws In force st
fhe date Of their location. 4 mining claim located
after the passage of this act. whether located by
ono or more persons. may equal. but shall not
exceed one thousand 1--WE hundrd feet In length
along the vein or lode; but no location Of 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 linn.
tied by any mining regulation to less than TWEEN.
tyhve feet On each side OF the middle OF the vein
NJ the surface, except wherr adverse rights exist
ing al the passage of this act shall render such
limitation necessary. The end-lncs ut each
claim shall be parallel 10 each other
SIC. 3. That the locators of all mining looa-
tions heretofore made, or which shall hereafter
he 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 they comply with the
laws of the United States, and the state Terri.
turisl 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.
eluded 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-lincs 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
illtlf tlkuI OF pOsStsrlpn To kUth Nntslup 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 interscct
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
hcyond the vertical lines of his claim to enter
upon the surface Of claim owned or possessed
by another.
SIC. 4, That where a tunnel is run for the
development OF q vein or lode, or for the discov.
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 M IL 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 he 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
tiet may make rules and regulations not in con.
iitct 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 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
name or names OF the lucators. date Of the loca-
ton, and such description of the claim or
claims located by referepcnce to some natural
object or permanent monument as will identify
ia" 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 inn
aN.HN4Na 10 IA lVapt
claims located prior To the passage of this
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
are held IN common, such expenditure may he
made upon any one claim. and upon a failure to
comply with these conditions the claim or mine
upon which snch failure occurred shall be open
to relocation IN the same manner II no loca-
tion of the same had ever been made Provided
That the original locatOrs their heirs
assigns, or legal representatives have not re-
sumod work upon the claim after such failure
and before such location. Upon the failure of
any one OF several co-owners to contribute his
portion Of the expenditures required by this set
the co-owners who have performed the labor or
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 at
the expiration Of ninety days after such notice in
writing orby publication such delinquent should
fail 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. q, That patent for any land claimed
and located for valuable deposits may lie oh.
tanned in the following manner; ANY person
association or corporation authorized to locate q
claim under this act, having claimed and located
. piece OF land for snch purposes, who has. or
have, complied with the terms Of this act may
die In the proper land-othce an application for a
patent, under oath. showing such compliance
together with plat and held-notes Of the claim
or claims in common. made by or under the di.
rCtion OF the United States Surveyor General,
showing accurately the boundaries " the claim
or claims, which shall be distinctly marked by
monuments ON the ground, and shall post copy
Of such plat together with notice OF such
application for patent, in = cunspicu.
Gus place on the land embraced in such plat pre-
Nous to the nlins of the application for pat
eut. 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 in
such lsnd-Othce, and shall taereupon be entitled
to patent for said land. in the manner follow.
ing; The register of the lsnd-offee, upon the
iling OF such application, plat, neld.notes, no.
tees and afhdavits, shall publish . notice that
such application has been made, for the perios,
OF sixty days, in newspaper to be by him desis.
nsted as published nearest to said claim; and he
same period. The claim at the time of filing
this application. or at any time thereafter with
in the sixty days OF publication, shall file with
the register certificate cf the United States
surveyor General that FIVE hundred dollars
worth Of lsbor has been expended or imprnye
ments made upon the claim by himself or gran.
tors; that the plat is correct, with such further
description by such reference TO natural objects
or permanent monuments rs shall identify the
claim, and furnish an sccurate description, to be
incorporated in the patent. At the expiration Of
the sixty days II publication the claimant shall
nie his sftdsyit, showing that the plat and no.
ttce have been posted in seonspicucrs place on
the claim during said period Of publication. If
no adverse claim shall have been filed with the
register and the receiver Of the proper landoffs
At the expiration OF the sixty DAYS of publication
II shall he assumed that the applicant is entitled
to patent, upon the payment TO the proper of.
ncer OF nve dollars per acre and this; no adverse
claim exists And thereafter no objection ft,om
third parties TO the issuance Of patent shall BE-
heard. except il be shown that the applieAn, has
failed TO comply with this act.
Src. I. That WHERE an adverse claim shall n,
hled during the period Of publication, it shall be
upon oath Of the person or persons making the
same. and shall show the nature, bounda-,es
and extent Of such adverse claim and All nrsa