Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-10
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Loca-
ton, Holding and Working OF
Mining Claims Upon the Public
nnnaain

tP"" '''N 1 u
Domain. p
Below will be found an abstract OF the Mining ri
Laws Of the United States, as passed by Con- Il
gress and approved May 10. 1874. These are the {.
last and hence the only mining laws OF general D
ntsres, and force with tine single exception Of q
portion Of section s. in reference to the reloca-
tion of claims and mines located prior to the l
passage Of the general mining law. The Act I
amending the section alluded to will also he .
found. following the general law modifying sec !
ton S. 80 that a claim located prior to May TO- !
1872 is not subject to relocation until June TO-
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 q America in
Congress assembled, That all valuable mineral
deposits in lands belonging TO the United states
both surveyed and unsuryeyed. are hereby de,
clsred 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 ana
those who have declared there Intention TO De-
come such. under regulations prescribed by law;
and according to the local customs or rules oil
miners, in the several mining districts, so ar 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 De
governed as to length along the vein or lode by
the customs regulations, and laws IN force al
the da of their location. mining claim located
sitter the passage OF this act, whether located by
one or more persons, may equal, but shall not |
exceed one thousand i've 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 linn
tied by any mining regulation to less than twen-
ty-ye 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 g. 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 ana 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 connect WIN
said laws of the United States governing their
possessory title shall have the exclusive right OF
possession and enjoyment of all the surface IN,
Guided within the lines Of their locations aud 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
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 lie between vertical planes
drawn downward as aforesaid, through the end
lines of their locations SO continued IN their
own direction that such planes VIII lhtersect
such exterior parts of said veins or Lodges; Ana
provided further, that nothing in this section
shall authorize the locator or possessor OF VEN
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. ,
SEc4 That whsre = tunnel is rur for the
development OF vein or lode, or for the discov-
cry Of mines. the owners OF such tunne! snail
have the right of possession Of sl 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 rs If discovered from the surface and
locations on the line of such tunnel Of veins or
lodes not appearing the surface made by
other parties after the commencement OF the
tunnel, and while the same is being prosecuted
with reasonable diligence, shall he invalid; but
failure to prosecute the work on the tunnel for
six months shall be considered as an abandon
nent Of the right 10 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-
aict with the laws Of the United states, or with
the laws Of the State or Territory in which the
tis-ric. Is situated governing the location man
uer Of r=c1-dfLE- srzgE-I q vofE Necessary q
hold po.se-SlgG g ElIUlIg e4AlrL-, subject 4
the scliD-a-E requirements Location must %
osgsz11arlss U readily traced. AL reclros O
Elz-Ez g1EzEzs hsreEtter made shall contain III
rEl. - lanes q tts IJcalurs, date OF the locS
ttgu I.E szth / description q the claim o
claims located by resersuenUe 70 some nHtura
obgsrt o. permanent monument a. VII identn
the claim On each claim located after the pas
sage d this act and uut.l patent shall hav
bsssn issued therefor, 10 less than one hundre
dollars worth q labor shall be performed or in
provensuts made during each year. On a
claims located prloT 10 the passage of hi
act ten dollsrs' worth of labor sha
Be- performed or improvements mad
each year for each one hundred fee
IL length along the vein until patent sha
have been issued therefor; but where such claim
are held in common, such expenditure may |
made upon any one claim; and upon failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be ope
to relocation in the same manner as II no loo
tion 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 &C
the co-ownerr 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 publicati'
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. G. That patent for any land clam
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, mi
file in the proper land-office an application for
patent, under oath, showing such complianC
together with plat and heldnotes of the clai
claims in common, made by or under the q
rection of the United States Surveyor Geners
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 a 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 thereupon be entitlt
to patent for said land, in the manner folio,
ing: The register Of the land-ofiice, upon Il
filing Of such application plat. feld-notes, n
tees and afhdavits, shall publish notice tn
such application has been made for the perio
of sixty days, in a newspaper to be by him desi
mated as published nearest to said claim; and
shall also post such notice in his Office for Il
same period. The claim at the time Of flii
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 Ave hundred dolla
worth Of labor has been expended improv
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 Il
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 aconspicuous place
the claim during said period of publication.
no adverse claim shall have been filed with I
register and the receiver of the proper land-offi
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
hcer of I'VE dollars per acre, and that no adver
claim exists; and thereafter no objection fro
third parties to the issuance of 3 patent shall