Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-12
THE PIOCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loea-
ton, 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-
yress 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 a
portion Of section 5, in reference to the roloca-
tion Of claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded 10 will also be
found. following the general law modifying sec
ton 5, SO that 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 it enacted by the Senate and House Of Rep
resentstives 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
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
miners in the several mining districts so far as
the same are applicable and not inconsistent
with the laws OF the United States.
SEC. .. That mining claims upon veins OF
lodes Of quartz or other rock in place bearing
gold. silver, cinnabar, 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 in force Ut
the da eof their location. 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 i'll length
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 the
ypin n the surface. shall claim be linn
tied by any mining regulation to less than TWEEN
tyfve feet on 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 snch
limitation necessary. The end-lines Of each
claim shall be parallel TO each other.
SEC. >. That the locstors 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 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 within the lines of their locations and of
ali veins, lodes, and Lodges throughout the entire
depth, the top or apex of which lies inside of
such surface-lincs extended downward vertical
~, although such veins lodes or lodges may so
far depart from perpendicular in tEeir course
downward as to extend outside the vertical side
lines Of said surface locations: Provided, that
their right of possession to such outside part
OF such veins OK lodges shall be confined to such
portions thereof as lie between vertical planes
drawn downward 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 C. claim owned or possessed
by another.
SEC. 4. That where a tunnel is run for the
development OF a vein or lode, or for the diseov-
cry OF miues. the owners of snch 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 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 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. s. That the miners of each mining dis
trict may make rules and regulations not in con-
fict 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 tC
hold possession of mining claim, subject t
the following requirements: Location must b.
distinctly marked on the ground SO that it
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tn,
name or names OF the locators, date of the loca
ton, and such description of the claim Of
claims located by referenence to some nstura
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
been issued therefor, no less than one hundred
dollars worth OF labor shall be performed or i'm
10 aaah al
claims located prior to the passage 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 shal
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 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 IT
stunned work upon the claim after such failur
and before such location. Upon the failure Q
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 0
made the improvements may, ut the expiratio
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 q week for ninety days. and if 9
the expiration of ninety days after such notice i
writing by publication such delinquent shout
fail or refuse to contribute his proportion
comply with this act, his interest in the ciail
shall become the property of his co-owners VIII
have made the required expenditures.
SEC. 6. That patent for any land elaine
and located for valuable deposits may be oI
tanned in the following manner: Any perso
association. OF 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
hIe in the proper land-ofhce an application for
patent under oath, showing such complianc
together with plat and field-notes Of the clai
or claims in common, made by or under the
recton of the United States Surveyor Generf
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 n patent, in a conspic
Gus place on the land embraced in such plat pr
vious to ahe filing of the application for pa
emit 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 office, and shall tAereupon be entitl'
TO patent for said land, in the manner folio,
ing: The register Of the land-ofice, upon Il
nling Of such application, plat, field notes, n
tices and affidavits, shall publish a notice tn
such application has been made, for the peri,
Of sixty days, in newspaper " De by him desi
mated as published nearest to said claim; and
shall also post such notice in his Office for &
this application lat any time thereafter, wit
in the sixty days of publication, shall file wi
the register certificate of the United Stat
Surveyor General that Ave hundred dolla
worth Of labor has been expended or improy
rnents 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. At the expiration
the sixty days of publication the claimant shi
ale his affidavit, showing that the plat and n
sIce have been posted in conspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with L
register and the receiver of the proper land-ofH
at tho expiration Of the sixty days Of publicati
1t shall be assumed that the applicant is entitl
TO patent, upon the payment to the proper
hcer OF five dollsrs per acre, and that no adveI
claim exists; and thereafter no objection frc
third parties to the issuance Of patent shall
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC. 7. That where an adverse claim shall
fled during the period Of publication, 1t shall
upon oath OF the person or persons making t
same and shall show the nature boundari'
and extent of such adverse claim, and all pl
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'