Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-01

Below will be found abstract of the Mining
Laws Of the United States, as passed by Con-
sress and approved May 10. 1872. These arr 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 reloca-
tiou Of claims and mines located prior to the
passage o, ths gonersl mining Jaw. The Act
Amending the section alluded to will also be
found. following the general law modifying Sec
ton s. 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 II enacted by the Senate and House Of Rep /
resentatives of the United States of America in /
Congress assembled, That all valuable mineral I
deposits in lands belonging to the United states,
both surveyed and unsuryeyed, are hereby de- I
elAred to be free and open to exploration and /
purchase, and the lands in which they I
are found TO occupation and purchase I
by citizens Of the United ststes and I
those who have declared there intention TO be- |
come such. under regulations prescribed by law, I
and according to the local customs or rules OF I
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 claiuss upon veins or
ledes of quartz or other TO Il 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 at
the da 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 thousand five hundred feet in length
along the vein or lode, but no location of a min
ing claim shall he made until the discovery ~
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
ait at the gflrfarA shall claim be linn
tied by any mining regulation TO less than TWEEN
ty-ive 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 such
limitation necessary. The end-lines Of each
claim shall be parallel to each other.
SEC. 8. That the locators Of all mining loca-
tons heretofore made, OF 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 tho
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
all veins lOdes, and lodges throughout the entire
depth, the top or apex Of which lies inside Of
such surfaCe-lnes extended downward vertical
" 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
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 rs 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 claim owned or possessed
by another.
SEC. 4 That where a tunnel is run for the
development OF vein or lode, or for the discov-
cry Of mi es 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 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 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
trct may make rules and regulations not i'll con
fict with the laws of the United States, or witt
the laws Of the State or Territory in which thu
district is situated, governing the location, man
ner Of recording, amount Of work necessary L
hold possession Of a mining claim, subject I
the following requirements Location must b
distinctly marked on the ground so that ii
boundaries can be readily traced. All records C.
mining claims hereafter made shall contain tn
name or names OF the locatOrs, date of the loci
ton, and such a description of the claim c
claims located by referenence to some naturi
object or permanent monument as will identif
the claim. on each claim located after the pas
sage of this act and until patent shall hav
been issued therefor, no less than one hundre
dollars worth of labor shall be performed or in
,rVNt- Ia III nV11T E4l "a
claims located prior to the passage of thi
act, ten dollars worth Of labor sha
be performed or improvements mad
each year for each one hundred fec
in length along the vein until patent sha
have been issued therefor: butwhere such claim
are held in common, such expenditure may
made upon any one claim; and upon failure
comply with these conditions, the claim or mir
upon which such failure occurred shall be ope
to relocation in the same manner as If no loo
ton Of the same had ever been made: PROVIDE
That the original locators, their heir
assigns, or legal representatives, have not r
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several co-owners to contribute
portion of the expenditures required by this az
the co-owners who have performed the labor
made the improvements may, at the expiratit
OF the year, give such delinquent co owner pc
sonal notice in writing or notice by publicati'
in the newspaper published nearest the CLAN
for at least once week for ninety days, and if
writing or by publication such delinquent shou
fail or refuse to contribute his proportion
comply with this act, his interest in 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. m
Ale in the proper land-office an application fol
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 Gener;
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 patent, in conspic
Gus place on the land embraced in such plat pr
vious to the filing of the application for a 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-office. and shall tAereupon be entitl,
to a patent for said land, in the manner follo'
ing: The register of the land-offce, upon Il
filing Of such application, plat, teldnotes, n
tees and affidavits, shall publish notice tn
such application has been made, for the peril
of sixty days in newspaper to be by him desi
mated as published nearest to said claim; aud
shall also post such notice in his Office for q
same period. The claim at the time of fill
this application, or at any time thereafter, wit
in the sixty days of publication, shall file wi
the register certificate of the United Stat
Surveyor General that FIVE hundred dolla
worth of labor has been expended or imprON
ments 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 t
claim, and furnish an accurate description, to
Incorporated in the patent At the expiration
the sixty days of publication the claimant sh
file his affidavit, showing that the plat and l
tice have been posted in q conspicuous place
the claim during said period Of publication.
no adverse claim shall rave been filed with
register and the receiver of the proper land-ofi
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
tcer OF five dollars per acre, and that no adveI
claim exists; and thereafter no objection frc
third parties to the issuance Of patent shall
heard except it 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 it shall
upon oath of the person or persons making t
same, ard shall show the nature, boundar
and extent of such adverse claim and all p
ceedines. except the publication OF notice a
,,aI;p1 and hlinp of the affidavit thereof. sh