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

Below will be- found an abstract Of the Aiming
Laws of the United States, as passed by Con
sress and approved May 10, 1872. These are the
last, and hence the only mining laws Of general
interest and force, with the single exception Of q
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 the section alluded TO will also be
found. following the general law modifying sec
ton 5. so that 8 claim located prior to May 10,
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 Hep
resentatiyes of the United States Of America in I
Congress assembled, That all valuable mineral /
deposits in lands belonging TO the United states,
both surveyed and unsuryeyed, 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 to De- |
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.
SIC 2. That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold silver cinnabsr, lead tin. copper, or other
valuable deposits ntretOfOre lOcAteu, snhll u
governed as to length along the vein or lode by
the customs, regulations, and laws in force at
the dai 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 th Ousand five hundred feet in length
along the vein or lode; hut 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 at the surface, nor shall any claim be lin
tied by any mining regulation to less than TWEEN
ty-ve feet on 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-lnes Of each
claim shall be parallel to each other.
SEC. 3. That the locators 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
toral and local regulations not in conflict with
said laws of the United States governing their
possesgory 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 huCn buihlut 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 viii lntersect
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 Gs 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 rs an abandon
nent of the right to all undiscovered veins on
the line OF said tunnel,
SEC s. That the miners of each mining dis
trict may make rules and regulatonsnot in con-
fict 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 t,
hold possession Of mining claim, subject y
the following requirements: Location must In
boundaries can be readily traced. All records o
mining claims hereafter made shall contain TIN
name or names of the lOcatOrs, date Of the loca
ton, and such a description of the claim OF
claims located by referenence to some natura
object permanent monument as will identif,
the claim, on each claim located after the pas
sage OF this act, and until patent shall hay'
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 or improvements mad
each year for each one hundred fee
in length along the vein until a 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 o failure
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
to relocation in the same manner as if no loc'
ton of the same had ever been made: Provided
That the original locators their heir
assigns, or legal representatives,, have not r.
sumed work upon the claim after such faiiul
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 eZpiratic
OF the year, give such delinquent coowner pc
sonal notice in writing or notice by publicatiC
in the newspaper published nearest the clair
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
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 a 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 locat
piece of land for snch purposes, who has,
have complied with the terms of this act IN
file in the proper land-of1ice an application 70
patent, under oath, showing such complain
together with 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 notice of su
application for a patent, in q conspic
GUS place on the land embraced in such plat p
vious to the filing 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-ofice. and shall taereupon be entitl
to patent for said land, in the manner folio
ing: The register of the land-of1ice, 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 newspaper : De by him des
mated as published nearest to said claim; and
shall also post such notice in his Office for
same period ,claim at the time of fl
this application. o lat any time thereafter. wi
In the sixty days of publication, shall file W
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
claim, 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
ace 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
ut the expiration Of the sixty days of publicat
It shall be assumed that the applicant is EMIT
to patent upon the payment to the proper
ncer of five dollars per acre, and that no adve
claim exists; and thereafter no objection fir
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 shall
filed during the period of publication it shall
upon oath Of the person or persons making
same, and shall show the nature, boundari
and extent of such adverse claim. and all ?
.aadinos except the publication of notice