Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-28
THE pIocHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

Domhih. ,
Below will be found an abstract Of the Mining !
Laws Of the United States, Gs passed by Con
gress and approved May 10. ls72. These are the
last and hence the only mining laws Of general
interest and force, with the single exception OF q
position of section 5, in reference to the reloca-
ton of claims and mines located prior to the
passage " the general mining law. The Act
amending the section alluded to will also be
found. following the general law modifying sec
ton s. 30 that claim located prior to May 10,
ls72, 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 Hep
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 unsuryeyed, are hereby de-
clared TO be free and open to exploration ana
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 to be- /
come such under regulations prescribed by law, /
and according to the local customs or rules OF |
miners in the several mining districts 80 far as
the same are applicable and not inconsistent /
with the laws of the United States
SEC 9. 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 be
governed rs to length along the vein or lode by
the customs, regulations, and laws in force at
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 snail not
exceed one th ousand FIVE 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 ut the surface, nor shall any claim be linn
tied by any mining regulation TO less than TWEEN
ty-fiye 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-liAes OF each
claim shall be parallel to each other
SEC 3. Thai the loeators of all mining loca-
lions 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 adverse claim exists at the pas
sage of this act, 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
eluded VI thin 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 a perpendicular in their course
downward as to extend outside the vertical side
lines OF said surface locations: Provided, that
their right OF possession 10 suCn 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
or lode which extends in its downward course
beyond the vertical lines of his claim to enter
upon the surface Of a claim owned or possessed
by another.
SEC A. That where 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
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 abandon
ment 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 situat. , governing the location, man.
ner of recording, amount OF work necessary "a
hold possession OF a mining claim, subject tc
the following requirements: Location must be
distinctly marked the ground SO that it,
boundaries can be readily traced. All records OF
mining claims hereafter made shall contain the
name or names Of the locators, date Of the loca
ton, and such 4 description of the claim OF
claims located by referenence to some natural
object or permanent monument as will identify
the claim. on each claim located after the pas
sage of this act, and until 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 THU
act ten dollars worth of labor shal
be performed or improvements mad
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 ope
to relocation in the same manner as II no loct
ton of the same had ever been made: Provided
That the original locatDrs, their heirs
assigns, or legal representatives, have not re
sumed work upon the claim after such failur
and before such location. Upon the failure c
any one Of several co-owners to contribute b
portion of the expenditures required by this &C
the co-owners who have performed the labor
made the improvements may, at the ezpiratio
Of the year, give such delinquent co-owner pc
sonal notice in writing or notice by publicatio
in the newspaper published nearest the CLAIM
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. 6. That patent for any land claim
and located for valuable deposits may be c
tanned in the following manner; ANY perso
association or corporation authorized to locat'
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-offce an application fo
patent, under oath, showing such complian
trtfl ,laf av1l+ oil OF fha RI la
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 snail be distinctly marked
monuments on the ground and shall post co
of such plat, together with a notice of su
application for patent, in a conspic
Gus place on the land embraced in such plat p
vous 10 the fling of the application for p
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-oifice. and shall thereupon be entitl
to q patent for said land, in the manner folio
ing: The register of the lBnd-otiice, upon
filing of such application, plat, feld-notes,
tees and afiidavits, shall publish notice Il
such application has been made, for the per-
Of sixty days in a newspaper De by him DIES
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period. :" ''' claim at the time of fill
this application. oIat 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 furtl
description by such reference to natural obje
or permanent monuments as shall identify
alaim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days of publication the claimant sh
ale his affidavit, showing that the plat and
zee 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
1t the expiration of the sixty days of publicat
II shall be assumed that the applicant is EMIT
to . patent, upon the payment to the proper
fcer of five dollars per acre, and that no adye
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
SEC T. That where an adverse claim shall
filed during the period of publication. it shall
upon oath Of the person or persons making
ssme and shall show the nature, boundar
and extent of such adverse claim, and all r
ceedings, except the publication Of notice
making and filing of the affidavit thereof, sh
be stayed until the controversy shall have b