Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-01
THE PlocHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
tiOn- Holding and Working of
Mining Claims Upon the Public
Domain.

Laws Of the United States, as passed by Con
sress and approved May 10. 1871. These are the
last, snd hence the only mining laws OF general
interest and force. with tine single exception Of
portion of section s. in reference to the relocs-
tion OF claims and mines located prior to the
passage Of the general mining hw. The Act
amending the section slladed 10 will also be
found. following the general law modifying sec
ton 5, so that a claim located prior to May 10,
1874, is not subject 10 relocation until June 10,
1874.
AN ACT TO promote the development Of the
Mining resources of tine United States
Be it enacted by the Senate and House of Rep
resentatiyes Of the United States OF America in
Congress assembled, That all valuable mineral
deposits in lands belonging TO the United States,
both surveyed and unsurveyed, are hereby de-
elsred 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 10 be-
come such, under regulations prescribed by law.
and sccording to the local customs or rules OF
miners, in the several mining districts, SO far
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
NHiuHnte deposits heretofore ipcute1. hudll Ut
governed as to length along the vein or lode by
the customs, regulations, and laws in force at
the ds'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 til ousand 1--WE hundred feet in length
along the vein 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
vel AT he 5ball
tied by any mining regulation to less than TWEEN
ty-fye 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-lines Of each
claim shall be parallel TO each other
SEC. ). That the locators Of all mining locs-
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 a. they comply with the
laws Of the United States, and the State, Terri
tural 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
Sill veins lodes, and Lodges throughout the entire
depth, the top or apex OF which lies inside of
such surface-linsA 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
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
" 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.
SEC. 4. That where tunnel is run for the
development Of q vein or lode, or for the discov-
cry of miHes, 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 il 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 be invalid; but
failure to prosecute the work on the tunnel for
six months shall be considered az an abandon
ment of the right to all undiscovered veins on
the line OF said tunnel
SEC, 5. Tbrt the miners OF each mining dis
trict may make rules and regulationsnnt 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 to
hold possession Of o mining claim, subject tt
the following requirements: Location must b.
distinctly marked on the ground 80 that 1T
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 refereDence to some natural
object or permanent monument as will identity
the claim. On each claim located after the pas
sage of this act, and until a patent shall have
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 thii
act ten dollars worth Of labor shal
be performed or improvements made
each year for each one hundred fee
In length along the vein until patent shall
have been issued therefor; but where such claim
are held in common, such expenditure may b'
made upon any one claim; and upon failure t,
comply with these conditions the claim or min,
upon which such failure occurred shall be opei
TO relocation in the same manner as II no loca
ton Of the same had ever been made: Provided
That the original locators, their heirs
assigns, or legal representatives, have not re
sumed work upon the claim after such failur
and before such location. Upon the failure o
any one OF several co-owners to contribute hi
portion OF the expenditures required by this act
the co-owners who have performed the labor o
made the improvements may, at the expiration
of the year, give such delinquent co owner per
sonal notice in writing or notice by publication
IN Ine newspaper punlsned nearest the claim
for at least once week for ninety days, and if a
the expiration of ninety days after such notice il
writing or by publication such delinquent should
fail or refuse to contribute his proportion t
comply with this act, his interest in the CLAIM
shall become the property of his co-owners VIII
have made the required expenditures.
SIC. 3. That patent for any land ciaime
and located for valuable deposits may be OF
tanned in the following manner; Any person
association, or corporation authorized to locrte
MI hoxt nloi Cd lpna
piece of land for such purposes, who has, c
have, complied with the terms of this Act ma
nie in the proper land-ofiice an application for
patent, under oath, showing such eomplisnc
together with plat and field-notes of the clail
or claims in common, made by or under the d
rection of the United States Surveyor Genera
showing accurately the boundaries of the claii
or claims, which shall be distinctly marked b
monuments on the ground, and shall post cop
OF such plat, together with notice of sue
application for d patent, in a conspicr
GUS place on the land embraced in such plat prt
vious to the filing of the application for pa
snt, and shall file an affidavit Of at least tw
persons that such notice has been duly posted a
aforesaid, and shall file copy Of said notice /
such land-office. and shall taereupon be entitle
TO a patent for said land, in the manner follow
ing The register of the land office, upon tn
hling Of such application, plat, field notes, nc
tices and affidavits, shall publish q notice tina
such application has been made for the perlu
Of sixty days, in q newspaper De by him desi,
mated as published nearest to said claim; and
shall also post such notice in his office for Il
same period. ;" ,claim at the time of filir
this application. lat any time thereafter, witt
in the sixty days of publication, shall file wit
the register certificate of the United Stat,
Surveyor General that five hundred dollal
worth Of labor has been expended or improy
ments made upon the claim by himself or graz
tors; that the plat is correct, with such turtle
description by such reference to natural object
or permanent monuments as shall identify IL
claim, and furnish an accurate description, to
Incorporated in the patent. At the expiration
She sixty days of publication the claimant sha
Sle his affidavit, showing that the plat and M
lace have been posted in q conspicuous place o
the claim during said period Of publication.
no adverse claim shall have been filed with III
register and the receiver of the proper land ofs
ct the expiration Of the sixty days Of publicatio
it shall be assumed that the applicant is entitle
to . patent upon the payment to the proper o
ncer of i've dollars per acre, and that no adveri
claim exists; and thereafter no objection frol
third parties to the issuance Of patent shall
heard, except it be shown that the applicant h,
failed to comply with this act.
SEC. Z. That where an adverse claim shall |
filed during the period Of publication, 1t shall /
upon oath of the person or persons making tt
same, and shall show the nature, boundaries
and extent of such adverse claim, and all pr
ceedings, except the publication Of notice an
making and fling Of the AFFIDAVIT thereof. sha
be stayed until the controversy shall have bee
settled or decided by Q court Of competent juris
diction, or the adverse claim waived. II shal
~ xl,o l,,xu ~f tha oIr r1Qivr aov1t