Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-09
THE PlOcHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loss-
tson, Holding and Working OF
Mining Claims Upon the Public
Domain,

Below will he found an abstract Of III, 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 8
portion of section s. in reference to the reiocs-
ton OF claims and mines located prior 10 the
passage If the general mining iaw. The Act
amending the section alluded TO viii 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. 81 TIE
Mining resources of the United States
Be il enacted by the Senate and House Of Rep
rgsantatives 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, ara hereby de- |
,.Iare,i to be free and open 20 exploration and /
purchase and the lands in which they |
are found TO occupation and purchase |
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, 50 far as
the same are Applicable md 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, cnnabar, lead, tin, copper, or other
governed as to length along the vein or lode by
The customs, regulations, and laws in force at
the IN e of their location. mining claim located
after the passage Of this act, whether located py
one OF more persons, may equal, but saali not
exceed one th oussnd 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 tine 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 lin
tied by any mining regulation to less than TWEEN
ty-fiye feet each side OF the middle OF the VEN
al the surface except where adverse rights exist
ing at the passage Of this act shall render such
Limitation necessary. The end-lines 81 each
claim shall he 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 uited States and the state, Terri
torial and local regulations not in conflict with
said laws of the United States governing their
posEcssury title snail have the exclusive right of
possession and enjoyment Of all the surface in
clnded within the lines of their locations and of
all veins, lodes and Lodges throughout the entire
depth, the top or apex OF winch hes INSIDE OF
such silrface-lines extended downward vertical
w. 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 OF lodges shall be confined to such
portions thereof as lie between vertical planes
drawn downward aforesaid, through the end
Inns of their locations 50 continued in their
own direction that such planes will intersect
such exterior parts of said veins or lodges; And
provided further, that nothing Ill this section
shall authorize the locator or possessoroi vein
or lode which extends in its downward course
beyond the vertical liucs of his claim to enter
upon the surface of q claim owned or possessed
bg another.
SEC 4. That where tunnel is rGn for the
development OF a vein or lode, or for the discoy-
cry Of mines, the owners Of such tunnel shall
have the right OF pnss essic1 OF gil veins or l09es
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 ii discovered from the surface; and
locations on the line of such tunnel Of veins or
lodes not appearing on the surface mado 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 Tor
six months shall be considered as an abandon
nIent of the right to all undiscovered veins on
the line of said tunnel.
SEC. .. That the miners of each mining dis
trict may make rules and regulations not in con-
diet 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
her Of recording, amount OF work necessary TO
hold possession of mining claim. subject to
the following requirements; Location must be
distinctly marked the ground so that its
boundaries can be readily traced. All records OF
uning 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 identity
the claira. On each claim located after the pas.
rage 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
la1Nn RrfA Of tahf Chul
he performed or improvements madt
each year for each one hundred fee
in length along the vein until patent Ehal
have been issued therefor butwhere such claim
are held in common, such expenditure may b.
made upon any one claIa; and upon failure t.
comply with thesC conditions, the claim or min
npon which such failure occurred shall be opel
to relocation in tine 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
any one of several co-Owners to contribute hi
portion of the expenditures required by this ac
the co-owners who have performed the labor G
made the improvements may, at the expiratio
OF the year, give such delinquent co.oWner pei
sonal notice in writing notice by publicatio
In the newspaper published nearest the CLAIM
for at beast once a week for ninety days and II
the expiration of ninety days after such notice
writing orby publication such delinquent shoul
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 a patent fer 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
aie in the proper land-of1ce an application fol
patent, nnder oath. showing such complian'
tbc-y with a MIA and field. notes the rlaj
or claims in common, made by or under the
rection of the United States Surveyor Generi
showing accurately the boundaries of the elai
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 conspc
Gus place on the land embraced in such plat pI
Sious to the filing OF the application for p;
t,nt and shall file an affidavit of at least t,
persons that such notice has been duly posted
aforesaid. and shall file copy of said notice
such land-ofhce and shall tlereupon be entlti
to o patent for said land, in the manner folio
ing: The register Of the land-othce, upon
filing of such application, plat held-notes. |
tices and aflidayits, shall publish notice IL
such application has been made for the peri
of sixty days, in a newspaper : De by him dies
mated as published nearest to said claim; and
shall also post such notice in his office for
same period =" ''claim at the time of I'LL
this application o 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
inents made upon the claim by himself or or,
tors; that the plat is correct, with such furtl
description by such reference to natural obje
or permanent monuments as shall identify
claim and furnish an accurate description, to
Incorporated in the patent At the expiration
the sixty days of publication the claimant sh
.ile his affidavit, showing that the plat and
u,ee have ,een posted in a conspicuous place
the claim during said period OF publication.
no adverse olsim shall have been filed with
register and the receiver of the proper land-of
ut the expiration of the sixty days of publicat
IL shall be assumed that the applicant is EMIT
to a patent, upon the payment to the proper
hcer 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 it be shown that the applicant
failed to comply with this act
SEC T. That where an adverse claim shall
filed during the period of publication. 1t shall
upon oath of the person or persons making
same, and shall show the nature, boundari
and extent of such adverse claim, and all =
oeedngs, except the publication of notice
4 49,