Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-04
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
Domain.

Mining Claims Upon the Public
Domain.
Below will be found an abstract Of the Mining
Laws Of the United States, as passed by Con-
gress and approved Msy 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 5. in reference to the reloca-
lion OF claims and mines located prior to the
passage Of the general mining law. The Act
amending the section alluded 10 viii also lie
found. following the general law modifying sec
ton S, SO that claim located prior to May 10,
1871, 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
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-
clared to be free and open TO exploration and /
purchase, and the lands in which they I
ars 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 10 the local customs or rules OF !
miners, in the several mining districts. 50 Jar as
the same applicable and not inconsistent ]
with the laws Of the United States.
SEC 2. That mining claims upon veins OF
lod.s 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
the customs, regulations, and laws in force 81
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 i've 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
ii r.
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
iy-ve feet on each side Of the middle OF the vein
st 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 3. That the lOcStOrs 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 VI this act, SO long as they comply with the
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-lines extended downward vertical
ly, although such veins, lodes or lodges may SO
far depart from perpendicular in their course
downward us 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 gs aforesaid, through the end
lines OF their locations, so continued III 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
teal .pthf 81 IL
upon the surface OF claim owned or possessed
by another.
SEC A. That where a tunnel is run for the
DEVELOPMENT OF a vein or lode or for the discoy
ery of mines the owners of such tunnel shall
have the right OF possession Of all veins or lOdes
within three thousand feet from the face of sucl
tunnel on the line thereof, not previously known
to exist discovered in such tunnel, to the SAINT
extent as If discovered from the surface AM
locations on the line of such tunnel Of veins OF
loies not appearing on the surface, made b!
other parties after the commencement OF tn
tunnel, and while the same is being prosecuted
with reasonable diligence shall be invalid bu
failure to prosecute the work on the tunnel 70
six months shall be considered as an abandon
ment of the right to all undiscovered veins oil
the line OF said tunnel
SEC q That the miners of each mining dis
trict may make rules and regulationsnot IN con
fict with the laws Of the United States, or wit
the laws of the State or Territory in which tn
district is situated, governing the location, maj
ner of recording amount OF work necessary
hold possession Of a mining claim, subject I
the following requirements Location must |
distinctly marked on the ground SO that i
boundaries can be readily traced. All records
mining claims hereafter made shall contain Il
name names of the locators, date of the loo
ton, and such description of the claim
claims located by referenence to some natur
object permanent monument as will identii
the claim. on each claim located after the pa
sage of this act, and until patent shall ha'
been issued therefor, no less than one hundrt
- iul.. a1.a III h., N.pfAr In
provements made during each year. On a
claims located prior to the passage OF III
act, ten dollars worth of labor sha
be performed or improvements MAJ
each year for each one hundred fe
in length along the vein until patent sha
have been issued therefor; but where such clair
are held in common, such expenditure may
made upon any one claim; and upon failure
comply with these conditions, the claim or mi
upon which such failure occurred shall be op
to relocation in the same manner as If no 10,
ton of the same had ever been made: Provide
That the original locators, their hei
assigns, or legal representatives, have not
sumed work upon the claim after such failt
and before such location. Upon the failure
any one of several co-owners to contribute
portion of the expenditures required by this a
the co-owners who have performed the labor
made the Improvements may, at the eNplrati
OF the year. give such delinquent co owner ?
sOnal notice in writing or notice by publicati
in the newspaper published nearest the clai
for at least once week for ninety days, and if
the expiration of ninety days after such notice
writing rby publication such delinquent shot
fail or refuse to contribute his proportion
comply with this act his interest in the ella
shall become the property Of his co-owners
have made the required expenditures.
SEC. 6. That patent for any land clam
and located for valuable deposits may be
tanned in the following manner; Any pers
association or corporation authorized to locat
claim under this act, having claimed and loca
Il piece of land for snch purposes, who has,
have, complied with the terms OF this act. Il
file in the proper land-otfice an application fc
patent, under oath, showing such complain
together with plat and fieldnotes of the ella
or claims in common, made by or under the
rection of the United States Surveyor Genei
showing accurately the boundaries of the ella
or claims which shall be distinctly marked
monuments on the ground, and shall post q &C
of such plat, together with notice of ST
application for a patent, in conspi
Gus place on the land embraced in such plat p
vous to the filing of the application for
ent 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-ofice and shall thereupon be EMIT
to patent for said land, in the manner folk
ing: The register Of he land-offce, upon
filing of such application, plat, held-notes,
tees and afiidavits shall publish n notice t
such application has been made, for the per
of sixty days, in a newspaper to be by him de-
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period. The claim at the time of fiji
this application, or at any time thereafter, w
in the sixty days of publication, shall file "
the register a certificate of the United Sta
Surveyor General that five hundred dol
worth of labor has been expended imprt
ments made upon the claim by himself or q
tors; that the plat is correct with such furt
description by such reference to natural obj
or permanent monuments as shall identify
claim and furnish accurate description, t
incorporated in the patent. AT the expratio
the sixty days Of publication the claimant s
file his affidavit, showing that the plat and
tce have been posted in conspicuous plac
the claim during said period of publication.
no adverse claim shall have been filed with
register and the receiver Of the proper lsnd-o
at the expiration Of the sixty days of pubica
it shall be assumed that the applicant is emit
to patent, upon the payment to the prope
hcer Of five dollars per acre. and that no adv
claim exists: and thereafter no objection f