Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-03
THE PIoCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton. Holding and Working OF
Mining Claims Upon the Public
Domain.


sress 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
portion of section s. in reference to the reloca-
iiou 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
ton 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 it enacted by the Senate and House of Rep 1
resentAtiyes 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- |
c,ared to be free and open TO exploration and |
purchase, and the lands in which they I
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,
snd 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. 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 as to length along the vein or lode by
che customs. regulations, and laws in force at
the dae of 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 th ousand five hundred feet in 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 each side of the middle of the
vein at the surface, nor shall any claim be lin
tied by any mining regulation 10 less than TWEEN
ty-five feet each side of the middle OF the vein
the surface. pNcepf 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 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
torisl and local regulations not in conflict with
said laws of the United States governing their
possesGory title shall have the exclusive right of
possessieS 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
lar 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 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 o claim owned or possessed
by another
SECT That where tunnel is run for the
development OF vein or lode or for the discov
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 race OF such
tunnel on the line thereof, not previously known
TO exist, discovered in such tunnel to the same
extent as II discovered from the surface; and
locations on the line of such tunnel of veins or
todes 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. 5. That the miners Of each mining dis
triot 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 in which the
district is situated, governing the location, man
ner Of recording, amount of work necessary 10
hold possession of q 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
ton and such description of the claim OF
claims located by referenence to some natural
object permanent monument as will identity
the 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 i'm
provements made during each year on al
claims located prior to the passage OF this
set, ten dollars worth Of labor sha
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 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 II no loea
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 q
made the improvements may, at 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 week for ninety days, and if {
the expiration of ninety days after such notice
writing by publication such delinquent shout
fail or refuse TO contribute his proportion
comply with this act, his interest in the clail
shall become the property of his co-owners WI
have made the required expenditures.
SEC 6. 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 locat
a piece Of land for snch purposes, who has,
have complied with the terms Of this act, IN
tie in the proper land-oflce an application fol
patent, under oath, showing such compliant
together with plat and feldnotes of the clai
or claims in common, made by or under the
rection of the United States Surveyor Gener
Oh how N.1or ut hn IN
or claims which shall be distinctly marked
monuments on the ground, and shall post COZ
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 pr
ent, and shall file an affidavit of at least ty
persons that such notice has been duly posted
aforesaid and shall file a copy Of said notice
such land-office, and shall tiereupon be entitl
to patent for said land, in the manner folio
ing The register Of the land-otice, upon t
hling of such application, plat, feld.notes, I
tices and affdavits, shall publish n notice III
such application has been made, for the PER-
of sixty days, in a newspaper d, De by him des
mated as published nearest to said claim; and
ahall also post such notice in his office for
this application lat 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
nents made upon the claim by himself or gri
tors; that the plat is correct with such furti
description by such reference to natural obje
or permanent monuments as shall identify I
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
ice have been posted in conspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with
register and the receiver of the proper landofl
at the expiration Of the sixty days Of publicat
IL shall be assumed that the applicant il EMIT
to patent upon the payment to the proper
6cer Of five dollars per acre. and that no adve
claim exists; and thereafter no objection fir
third parties to the issuance of patent shall
heard, except 1t be shown that the applicant
failed to comply with this act.
SECT That where an adverse claim shall
filed 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 ?
eeedings, except the publication OF notice .
making and filing of the affidavit thereof, sh
tve staved until the controversy shall have b,