Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-03
MINING LAW.
laws Of Congress Governing the Local
ton, Holding and Working OF
Mining Claims Upon the Public
n0maiu.

Below will be found an abstract OF the Mining
Laws OF the United States, as passed b. Con
gress ard approved May 10, ls72. Thess are the
last and hence the only mining laws Of general
interest and + rec, with tine single exception of a
portion Of section s. in reference to the relOca-
ton Of claims and mines located prior to the |
passage Of the general mining Jaw. The Act |
amending the section alluded TO viii also be /
found, following the general law modifying sec |
ton s. SO that a claim located prior to May 10, |
ls72 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
resentatives 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
are 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. 80 far as
the same applicable and not inconsistent
with the laws of the United States.
SIC 2 That mining claims upon veins or
lodes of quartz or other rock in place bearing
gold silver cinnabsr, lead, tin, copper, or other
valuable
governed as to length along the vein or lode by
The customs, regulations, and laws in force at
theda' 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 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
vein at the surface, nor shall any claim be Inn
tied by any mining regulation to less than TWEEN
ty-hve feet 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-llnes Of each
claim shall be parallel to each other.
SEC. g. That the locatOrs Of all mining loca-
tons 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
toral 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 III
cluded within the lines Of their locations and OF
all veins lpdes ana hedges throughout the entire
DEPTH the top or apex Of which lies inside OF
such surfaee-lines 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 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 i'll 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 tunnel is run for the
development OF vein or lode, or for the discov-
cry Of mines, the owners of such tunnel shall
have tie 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 a. If 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 ;. 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 tt
hold possession of mining claim, subject Il
distinctly marked on the ground SO that 1t
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 q
claims located by referenence to some natura
objec, or permanent monument as will identif
the claim. On each claim located after the pas
sage of this act and until a patent shall hay
been issued therefor, no less than one hundre
dollars worth of labor shall be performed or in
provements made during each year. On a.
claims located prior TO the passage of thi
act, ten dollars worth Of labor sha
be performed improvements mad
each year for each one hundred fee
in length along the vein until patent shaI
have been issued therefor; butwhere such claim
are held in common, such expenditure may b
made upon any one claim and upon failure I
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
to relocation in the same manner II no loci
ton of the same had ever been made; Provided
That the original locators, their heir
assigns, or legal representatives, have not r
sumed work upon the claim after such failul
and before such location. Upon the failure
any one of several co-owners to contribute h
portion of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the expiratiC
OF the year, give such delinquent co.owner pc
sonal notice in writing or notice by pubhcatiC
in the newspaper published nearest the clair
for at least once week for ninety days, and if
the expiration of ninety days after such notice
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. 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,
n piece of land for snch purposes, who has,
have, complied with the terms Of this act, hi
I'm he nl-pfi Ire N Co
patent, under oath, showing such complianc
together with plat and teld-notes of the clai
or claims in common, made by or under the
rection of the United States Surveyor Generi
showing accurately the boundaries of the clai
or claims which shall be distinctly marked
monuments on the ground, and shall post col
of suck plat, together with a notice of SUI
application for patent, in conspic
GUS place on the land embraced in such plat pr
yious 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 landotfice, and shall thereupon be entitl
to patent for said land, in the manner follo'
ing The register Of the land-ofiice, upon Il
filing of such application, plat, feld-nOtes, n
tees and afidavits, shall publish notice tn
such application has been made, for the peril
of sixty days, in a newspaper to be by him des
mated as published nearest to said claim; and
shall also post such notice in his office for d
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 improy
ments made upon the claim by himself or gra
tors; that the plat is correct. with such furtl
description by such reference to natural objet
or permanent monuments as shall identify I
claim, and furnish 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
tice 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 land-off
Mt 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
icer of 1--WE dollars per acre, and that no advel
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.