Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-20
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

Laws o. the United States, as passed by Con :
gress and approved May 10, ls72. These are the a
last, and hence the only mining laws Of general :
interest and force with the single exception offs !
portion of section 5, in reference to the reloea-
ton Of claims and mines located prior to the ,,
passage Of the general mining law. The Act !
amending the section alluded TO will also be I
found, following the general Law modifying sec
ton 5, SO that claim located prior to May TO- !
1872, 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
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- !
elared 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 aad
those who have declared there intention TO be-
come such. under regulations prescribed by law,
and according to the local customs or rulos 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. 2. That mining claims upon veins or
lodes Of quartz or other rock in place bearing
gold silver, cinnE6Sr lead. tin, copper, or other
valuable deposits heretofore located, shall be
governed IS to length along the vein or lode by
the customs regulations, and laws in force at
the dste of their location 4 mining claim located
after the passage Of this act, whether located by
one or more persons, may equal, but shall not
exceed one thousand five 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
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 tWei.-
tyfve feet on each side OF the middle OF the vein ]
fypiaE uff Wis
ing at the passage Of this act shall render such Z
limitation necessary. The end-lines Of each /
claim shall be parallel To each other.
SEC. ,. Thai the lOcstors 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 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.
turisl 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
Iy 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 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 poss1 OF vein
or lode which extends in its downward course
beyond the vertical lines OF his claim to enter
upon the surface OF 4 claim owned or poss' sscd
by another.
SEC. A. That where tunnel is run for the
development Of a vein or lode, or for the discov-
cry Of Ini-es, the owners Of such tunnel shall
have the right OF possession Of all veins or lodus
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 SAINT
extent as il discovered from the surface and
locations on the line OF such tunnel of veins or
loies 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
ment Of the right to all undiscovered veins on
the line of suid tunnel.
SEC. 5. That the miners Of each mining dis
trct may make rules and rcgulatOnsGot III 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
nCr of recording, amount Of work necessary 10
hold possession Of a mining claim, subject to
the following requirements: Location must be
distinctly marked on the ground that IL
boundaries can be readily traced. All records Of
mining claims hereafter made shall contain the
ton, and such description Of the claim Of
claims located by rcferenence to some natura
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 thi,
act, ten dollars worth OF labor shall
lie performed or improvements made
each year for each one hundred fcc
In length along the vein until patent shall
have been issued therefor; but where such caim'
Gre held in common, such expenditure may bt
made upon any one claim; and upon failure t,
comply with these conditions, the claim or mint
upon which such failure occurred shall be opei
to relocation i'll the same manner as ii no luca
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 G
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, ut the expiration
Of the year, give such delinquent co owner pei
sonal notice in writing or notice by publication
in the newspaper published nearest the claim
for at least once week for ninety days, and If O
the expiration of ninety days after such notice il
writing rby publication such delinquent shout
fail refuse to contribute his proportion {
comply with this act, his interest in the CLAIM
shall become the property of his co-owners VIII
have made the required expenditures.
SIC. 6. That patent for any land elaine
and located for valuable deposits may be oh
tanned in the following manner: Any person
association. or corporation authorized to locate
claim under this act, having claimed and locate
piece of land for snch purposes, who has, o
have, complied with the terms of this act, ma
file in the proper land-office an application for
patent, under OATH showing such compliance
together with plat and field notes Of the CLAIM
or claims in common. made by or under the di
recton of the United States Surveyor General
hoy ine arr 10 hAnn1 Qf .ha FlaT
claims, which shall be distinctly marked b.
monuments en- the ground and shall post cop
of such plat, together with n notice Of sucl
application for patent, in cOnspicu
Gus placed the land embraced in such plat pre-
yious to the filing of the application for pat
ent, and shall file an affidavit of at least tw
persons that such notice has been duly posted q
aforesaid, and shall file copy of said notice il
such land office and shall thereupon be entitled
to patent for said land, in the manner follow
ing: The register of the land-ofice upon tn
filing of such application, plat, feld-nOtes, no
tices and aflidavits, shall publish a notice tina
such application has been made, for the perioC
OF sixty days, in a newspaper to be by him desig
mated as published nearest to said claim and III
shall also post such notice in his office for tn
same period. The claim at the time of film
this application. or at any time thereafter, with
in the sixty days of publication, shall file witt
the register certificate of the United State
Surveyor General that five hundred dollar
worth of labor has been expended or improve
nents made upon the claim by himself or gran
tors; that the plat is correct, with such furthe
description by such reference to natural object
or permanent monuments as shall identify tn
claim, and furnish an accurate description. to b
incorporated in the patent. At the expiration o
the sixty days Of publication the claimant shall
file his affidavit, showing that the plat and no
tice have been posted in conspicuous place o.
the claim during said period of publication
no adverse claim shall have been filed with tn
register and the receiver of the proper land-offic
at the expiration Of the sixty days Of publication
1t shall be assumed that the applicant is entitled
to patent, upon the payment to the proper of
hcer of five dollars per acre. and that 40 advers
claim exists; and thereafter objection from
third parties to the issuance of patent shall b.
heard, except it be shown that the applicant ha
failed to comply with this act.
Sec. 7. That where an adverse claim shall b,
hled during the period Of publication, 1t shall b,
upon oath Of the person or persons making tn,
same, and shall show the nature, boundaries
and extent of such adverse claim, and all pro