Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-18
DAILY RECORD
MINING LAW,
Laws Of Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

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 5, in reference to the reloca-
tion 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 a 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 1t enacted by the Senate and House of Rep
resentatives 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 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 be-
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.
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
valuable deposits heretofore located, shall be
governed as to length along the vein or lode by
the customs, regulations, and laws in force at
the da G of their location. A 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 TWEEN.
ty-ive feet each side of the middle Of the vein
ut 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 10 each other.
SEC. 3. 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 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 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 intCrsect
such exterior parts of said veins or lodges: And
provided further, that nothing in this section
shall authorize the locator or possessur of vein
or lode which extends i'll its downward course
beyond the vertical lines Of his claim to enter
upon the surface of a claim owned or possessed
by another.
SEC 4. That where a tunnel is run for the
development OF a vein or lode or for the discoy.
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 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 as an abandon. |
ment of the right to all undiscovered veins on !
the line of said tunnel.
SEC. B. That the miners of each mining dis !
trict may make rules and regulations not in con-
fiict with the laws Of the United States or with
iht laws VI lne state OF territory in which the |
district is situated, governing the location mau-
ner of recording, amount Of work necessary TO
mold possession of mining claim, subject to
the following requirements: Location must be
distinctly marked on the ground so that its
boundaries can he 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 a description of the claim or
claims located by refrrcnence to some natural
loJect or permanent monument as will identify
q 81 "a IL, tslt .a1. .A.l
'age of this act, and until a patent shall have
leen issued therefor, no less than one hundred ,
tollars worth Of labor shall be performed or i'm
lroVements made during each year On all /
'lalms located prior to the passage of this I
vet, ten dollars worth of labor shall ,
Ie performed or improvements made !
ach year for each one hundred feet /
length along the vein until patent shall |
AVE been issued therefor; but where such claims :
re held IN common, such expenditure may be {
lade upon any one claim: and upon a failure to :
omply with these conditions, the claim or mine !
pon which such failure occurred shall be open {
D relocation in the same manner as if no loca- d
ION OIL lhe same had ever been made: Provided, :
nat tue original locatOrs, their heirs, c
aslgns or legal representatives have not re. ! {
lmed work upon the claim after such failure =
nj before such location, Upon the failure of a
ny one OF several Co-uwners to contribute his \
ortion OF the expenditures required by this act a
le co-owhers who have performed the labor or i
the year, give such delinquent co owner per. !
mai notice in writing or notice by publication I
| the newspaper published nearest the claim. g
II at least once week for ninety days and if at I
he expiration of ninety days after such notice in
rltlng or by publication such delinquent should .
III or refuse to contribute his proportion 10 a
imply with this act, his interest in the claim !
lall become the property of his co-owners who I
ave made the required expenditures. :
SIC. u. That patent for any land claimed :
located l..
lined in the following manner: ANY person.
'soclatlon. or corporation authorized to locate
ann under this act, having claimed and located I
piece Of land for snch purposes, who has, or
ave, complied with the terms of this act, NAV
lie in the proper landoffice an application for n :
itent, under oath, showing such compliance 4
'gether with plat and ield.notes Of the claim 4
claims IN common, made by or under the di. {
elton OF the United States Surveyor General, a
rowing accurately the boundaries of the claim !
claims, which shall be distinctly marked bv :
ohuments on the ground, and shall post a copy a
such plat, together with notice of such I
'phcatlon Tor patent, in a conspicu. a
is place on the land embraced in such plat pre-. /
Gus to the filing Of the application for nat /,
It, and shall file an affidavit of at least two T.
srsons that such notice has been duly posted as g
oresaid, and shall file a copy of said notice in a
lch iand-offce. and shall thereupon be entitled d
a patent Tor sad land, in the manner follow D
g. The register of the land-office upon tho I
ing OF such application, plat, feld-notes no. h
'es and aiiidavts. shall publish o notice that
sh application has been made, for the period 8
sixty Gays, In q newspaper to be by him desip O
tied as published nearest to said claim: and he Z
All also post such notice in his Office for the n
me PERIOD. The claim at the time of filing 8
is application, or at any time thereafter with. II
the sixty days of publication, shall file with n
c register certificate of the United States !,
rveyor General that five hundred dollars n
nth of labor has been expended or imnroye. 9
ents made upon the claim by himself or gran =
rs; that the plat is correct, with such further
scription by such reference to natural objects o.
permanent monuments as shall identify the n
i'm, and furnish an accurate description. To Inc n
'orporated in the patent. At the expiration of 8
, sixty days Of publication the claimant shall /,
his affidavit, showing that the plat and no II
e nave been posted in a conspicuous place on | q,
claim during said period of publication. If a,
adverse claim shall have been filed with the | II
.ister and the receiver of the proper lapd.oce IL
the expiration of the sixty days of publication Ia
snail be assumed that the applicant is entitled n
patent, upon the payment to the proper Of | h,
er OF nve dollars per acre. and that no adverse n;
am exists; and thereafter no objection from o,
ru parties to the issuance of patent shall be al
ara' except u be shown that the applicant has d,
led to comply with this act. '"' Wv
SEC. 7. That where an adverse claim sba,l ho a.,
"a during the period of publication, it shall be It
on oath of the person or persons matinat bo ..
ne, and shall show the nature, bonndsr;as ~ ~
extent Of such adverse claim. and Ali nro' A,
dlngs, except the publication Of notice and 81
king and filing of the affidavit thereof shall m
stayed until the controversy shall have been
TIED or decided by q court of competent iuria
ton, or the adverse claim waivad Itah.,,