Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-11
THE PIOcHE DAILY RECORD
MINING LAW.
Laws of Congress Governing the Local
ton, Holding and Working OF
Mining Claims Upon the Public
Domain.


asst, and hence the only mining laws Of general
interest and force. with tine single exception Of
portion of section 6, in reference TO the relooa-
ton of claims and mines located prior 70 the
passage OF the general mining law. The Act
amending the section alluded 10 will also be
found. following the general law modifying sec
ton S. so that claim located prior to May 10,
ls72 is not subject TO relocation until June 10, /
1874 /
AN ACT to promote the development d the /
Mining resources of the United States {
Be it enacted by the Senate and House Of Rep 4
resentstiyes of the United States Of America in 4
Congress assembled, That all valuable mineral |
deposits in lands belonging 10 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 |
are found to occupation and purchase
by citizens Of the United states aud
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, so far as
the same are applicable and not inconsistent
with the laws of the United States.
SEC. ., That mining claims upon veins or
lodes Of quartz 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 at
the dae Of theirlocatiOn. mining claim located
after the passage OF this act, whether located by
one or more persons, may equal. but shall not
exceed one tn ousand five hundred feet in length
along the vein OF 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
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-fve feet each side of the middle OF the vein
at the surface except where adverse rights exist
a.. Mt n N- act
Limitation necessary. The end-lines Of each
claim shall be 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
usted 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
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 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
lines of their locations, so continued in their
own direction that such planes will intersect
such exterior parts of said veins OF 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
beyond the vertical lines of his claim to enter
upon the surface of q claim owned or possessed
by another.
SEC. 4, That where a tunnel is run for the
DEVELOPMENT OF 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 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 as 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
lnent of the right to all undiscovered veins on
the line Of said tunnel.
SEC 5. That the miners Of each mining dis
trict may make rules and regulationsnot In CON
hict 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 t.
the following requirements. Inrsaon must ~ %
boundaries can be readily traced All records o.
mining claims hereafter made shall contain thu
name or names Of the locators, date Of the loca
ton and such description Of the claim OF
claims located by refcrenence to some nGtura
object or permanent monument as will identity
the claim. On each claim located after the pas
sage Of this act, and until patent shall hav'
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 thi
act, ten dollars worth of labor shal
he performed improvements mad
aanh fDr
in length along the vein until patent shal
have been issued therefor; butwhere such claim
are held in common, such expenditure may
made upon any one claim; and upon failure +
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
10 relocation in the same manner as If no Loot
ton of the same had ever been made: PROVIDED
Tha. the original locators, their heir
assigns, OF legal representatives, have not r.
stunned 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 expiratio
OF the year, give such delinquent co.owner pc
sonal notice in writing or notice by publicatit
in the newspaper published nearest the claiI
for at least once q week for ninety days, and If
the expiration of ninety days after such notice
writing or by publication such delinquent shou
fail OF refuse to contribute his proportion
comply with this act, his interest in the clai
have made the required expenditures.
SEC G. That patent for any land claim
and located for valuable deposits may be {
tanned in the following manner: Any persC
association, or corporation authorized to locat
claim under this act, having claimed and loca'
a piece of land for such purposes, who has,
have, complied with the terms of this act, II
ale in the proper land-office an application TO
patent, under oath, showing such complain
together with a plat and field notes of the ella
or claims in common, made by or under the
rection of the United States Surveyor Gener
showing accurately the boundaries of the ella
or claims which shall be distinctly marked
monuments on the ground, and shall post co
of such plat, together with a notice of su
application for patent, in conspi'
GUS place on the land embraced in such plat p
vious to the filing of the application for p
ent. and shall file affidavit of at least t
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land -otice, and shall thereupon be entit
to patent for said land, in the manner folio
ing: The register of the land-office, upon
filing of such application, plat, held-notes,
tees and afidavits, shall publish notice Il
such application has been made, for the per
of sixty days, in a newspaper : De by him de,
mated as published nearest to said claim; and
shall also post such notice in his office for
same per;od I" ,claim at the time of fiji
this application, nat 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
ments made upon the claim by himself or gr
tors; that the plat is correct, with such furt
description by such reference to natural obje
or permanent monuments shall identify
claim and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days of publication the claimant 81
ale his AFFIDAVIT, showing that the plat and
ice 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-of
at the expiration of the sixty days of publicai
it shall be assumed that the applicant is emit
to patent ppon the payment TO the proper
ficer of five dollars per acre, and that no adv
claim exists and thereafter no objection Fl
third parties TO the issuance of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SECT. That where an adverse claim shal
fled during the period of publication. it shall
upon oath Of the person or persons making
same, and shall show the nature, boundar
and extent of such adverse claim, and all |
ceedings, except the publication Of notice
making and filing of the affidavit thereof, 81
be stayed until the controversy shall have b
settled or decided by court Of competent ju
diction, or the adverse claim waived. 1t 81
be the duty OF the adverse claimant, wit
thirty days after filing his claim, to comme
proceedings in n court of competent iurisdict
10 determine the question of the right of poss
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