Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-06
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Local
ton, Holding and Working OF
Mining Claims Upon the Public
Domain.


Domain.
Below will be found an abstract Of tho Mining
Laws Of the United States, as passed by Con-
sress and approved Nay 10, 1872. These are the
last, and hence the only mining laws Of general
interest and force. with the single exception Of 4
portion Of section 5. in reference to the reloca-
ton Of claims and mines located prior TO the
passage Of the general mining law. The Act
Amending thu section alluded to Will also be
found. following the general Law modifying Sec
ton 5, so that claim located prior TO May 10,
1874, is not subject to relocation until June 10,
ls74
AN ACT to promote the development q the
Mining resources OF the United States
Be it enacted by the Senate and House Of Rep
resentstiyes Of the United States Of America in
Congress assembled, That all valuable mineral
deposits in lands belonging to the United states
both surveyed and unsurveysd, 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 and
those who have declared there Intention u be
come such, under regulations prescribed by law,
and according to the local customs or rules uf
miners in the several mining districts, 30 far As
the same are applicable and not inconsistent
with the laws OF the United States.
SEC. =. That INNING claims upon veins or
lodes Of quartz or other rock in place bearing
gold silver, cinnsbsr, 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 III force al
the da e 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 min
ing claim shall be made until the discovery Uf
tha Narfa LODI n = Uf r. ID
located. No claim shall extend more than three
hundred feet 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-fve feet each side Of the middle of the veit
at the surface, except where adverse rights exist
ing at the passage Of this act shall render such
limitation necessary. The end-hnes u 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 tho
laws Of the United States, and the State, Tern.
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 i'll
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 Sc
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 part
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 thell
own direction that such planes will intersec
sucn exterior parts of said veins or lodges: And
provided further, that nothing in this section
shall authorize the locator or possessor OF VEN
or lode which extends in its downward cours,
beyond the vertical lines Of his claim to entel
upon the surface OF u claim owned or possessed
by another.
SEC L. That where 4 tunnel is run for tn,
development OF a vein or lode, or for the discOv
cry Of mines, the owners Of such tunnel shall
have the right Of possession of all veins or lode
within three thousand feet from the face Of sucl
tunnel on the line thereof, not previously know
to exist, discovered in such tunnel, to the SAINT
extent as If discovered from the surface; anC
locations on the line Of such tunnel Of veins o
lodes 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 O
the line of said tunnel.
SEC 5. That the miners OF each mining dill
trict may make rules and regulGtionsno in col
the laws of the State or Territory i'll which Il
district is situated governing the location, maj
ner OF recording, amount Of work necessary
hold possession of mining claim, subject
the following requirements: Location must
distinctly marked on the ground that i
boundaries can be readily traced. All records
mining claims hereafter made shall contain Il
name names of the locatOrs, date Of the Loci
ton, and such a description OF the claim
claims located by referenence to some natur!
object or permanent monument as will identii
the claim. On each claim located after the pa
sage of this act, and until u 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 Il
claims located prior to the passage Of tn
act, ten dollars worth of labor sha
DO performed or improvements mao
each wear for each one hundred fe
in 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 a failure
comply with these conditions, the claim mil
upon which such failure occurred shall be OPP,
to relocation in the same manner as If no loo
ton OF the same had ever been made: Provide
That the original locators, their he'll
assigns, or legal representatives, have not I
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several Co-owners to contribute i
portion of the expenditures required by this AZ
the co-owners who have performed the labor
made the improvements may, NJ tAe tAplfGtl
Of the year, give such delinquent co'owner pc
sonal notice in writing or notice by publcati
in the newspaper published nearest the clail
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 W
have made the required expenditures,
SEC. 6. That patent for any land claim
81 f,r ii Ia I..
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 such purposes, who has,
have complied with the terms OF this act, IN
file in the proper land-oflice al application fOl
patent, under oath, showing such complianC
together with plat and tield-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 clsi
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
emit and shall file an affidavit of at least "
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 patent for said land, in the manner folio
ing: The register of the land-otice, upon Il
filing of such application, plat, feld-notes, n
tees and afiidavits, shall publish a notice tn
such application has been made, for the periC
of sixty days. in q 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 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 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'
nile 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-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
feer of five dollars per acre, and that no adver
claim exists; and thereafter no objection frc
third parties to the issuance Of patent shall
heard except it be shown that the applicant h
failed to comply with this act.
SEC T. That where an adverse claim shall
Glad during the period of publication il shall