Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-10
THE PIocHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loea-
ton. Holding and Working of
Mining Claims Upon the Public
Domain.

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Below will be found an abstract OF the Mining !
Laws OF the United States, as passed by Con
gress 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 a
portion of section 8, in reference to the rcloca-
ton OF claims and mines located prior to 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 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 % the
Mining resources OF the United States
BE it enacted by the Senate and House OF Rep
r.sentatives OF the United States Of America in
Congress assembled That all valuable mineral
deposits in lands belonging to the United states,
beth surveyed and unsuryoyed, are hereby de-
clared to be free and open to exploration and
purchase. and the lands i'll which they
are found TO occupation and purchase
by citizens Of the United States and |
those " no have declared there intention TO be- 1
come such, under regulations prescribed by law,
and according TO the local customs or rules OF 4
miners in the several mining districts, so lar as
the same ART applicable and not inconsistent
with the laws OF the United States.
SEC. .. 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 heretofore located, shall be
governed as to length along the vein or lode by
the customs, regulations, and laws in force az
the dat 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 oi
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
t,.. irfa NOR hal bf NJ
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
ing at the passage of this act shall render such
limitation necessary. The endlines Of each
claim shall be parallel to each other.
SEC. g. That the locators of all mining loca-
tions 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
torial and local regulations not IN CONNECT 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 apex Of which lies inside OF
such surface-lines extended downward vertical
w. although such veins lodes or Lodges may so
far depart from q 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 he 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 Ana
provided further that nothing in this section
shall authorize the locator or possessor of a vein
or 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 That where u 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 II 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 he invalid; but
failure to prosecute the work on the tunnel FOL
six months shall be considered as an abandon
ment 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 regulations not in con
hict with the laws of the United States, or with
the laws of the State or Territory in which tn
district is situated governing the location, man
ner of recording, amount Of work necessary I
hold possession Of mining claim, subject
the following requirements; Location must Il
distinctly marked Oh the ground SO that II
boundaries can be readily traced. All records {
mining claims hereafter made shall contain tn
name or names of the lucators, date of the lOci
ton, and such description of the claim O
claims located by reterenence to some natura
object or permanent monument as Will identit
the claim. on each claim located after the pat
sage of this act, and until o patent shall hav
been issued therefor, no less than one hundre
dollars worth OF labor shall be performed or in
provements made during each year. On a
a1ain
act, ten dollars worth OF labor sha
lie performed or improvements mad
each year for each one hundred tet
in length along the vein until patent sha
have been issued therefor; but where such CLAIM
are held in common, such expenditure may
made upon any one claim: and upon a failure
comply with these conditions, the claim or inii
upon which srch failure occurred shall be opt
to relocation in the same manner as IL no loo
ton of the same had ever been made; Provide
That the original locators, their heir
assigns, legal representatives.. have not I
sumed work upon the claim after such failu
and before such location. Upon the failure
any OF several co-owners to contribute
portion Of the expenditures required by this az
the co-owners who have performed tine labor
made the improvements may at the expirati
OF the year, give such delinquent co-owner p'
sonal notice in writing or notice by publicati
in the newspaper published nearest the clal
for at least once week for ninety days, and if
the expiration of ninety days after such notice
writing or by publication such delinquent shor
fail or refuse to contribute his proportion
comply with this act, his interest in the ella
shall become the property of his co-Cwners
have made the required expenditures.
SEC. G. That patent for any land claim
and located for valuable deposits may he
tanned in the following manner: Any pers
association, or corporation authorized to locat
claim under this act, having claimed and loca
piece of land for snch purposes, who has
have, complied with the terms of this act, II
file i'll the proper land-ofiice an application fl
under oath showing sncl cOInDliaI
together with plat and field-notes of the eli
claims in common, made by or under the
rection of the United States Surveyor Gene
showing accurately the boundaries of the cls
or claims, which shall be distinctly marked
monuments on the ground. and shall post CO
of such plat, together with notice of 81
application for a patent, in conspi
ous place on the land embraced in such plat !
vious to the filing of the application for !
ent and shall file an affidavit Of at least
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-ofiice, and shall taereupon be EMIT
to patent for said land, in the manner foll'
ing: The register of the lsnd-otfice, upon
filing of such application, plat held-notes,
tees and aiidnvits, shall publish notice
such application has been made, for the per
of sixty days. in o newspaper De by him de
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 lat any time thereafter, W
in the sixty days of publication, shall file v
the register q certificate of the United st;
Surveyor General that five hundred dol
worth of labor has been expended or imprt
ments made upon the claim by himself or gr
tors; that the plat is correct, with such furt
description by such reference to natural objt
or permanent monuments rs shall identify
claim, and furnish 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
l.ce have been posted in a 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-oi
at the expiration of the sixty days of publicai
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 adyt
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 shall
filed 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 r
ceedings, except the publication OF notice I
making and filing of the affidavit thereof, sh
be stayed until the controversy shall have b
settled or decided by court Of competent jul