Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-16
The Pl0CHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Loea-
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-
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 a
portion of section 5, in reference to the relocs-
iion 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 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 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-
clared to be free and open to exploration and
purchase, and the lands in which they
are found TO occupation and purchase
ny 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 ?. That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold, silver cinnsbar lead, tin, copper or other
governed rs to length along the vein or lode by
the customs. regulations, and laws in force at
the da' 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 tn 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 at the surface, nor shall any claim be linz
tied by any mining regulation TO less than twell-
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-llnes 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 or 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.
GUIDED 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-lincs extended downward vertical
IL, although such veins, lodes or lodges may sc
far depart from a perpendicular in their courst
downward as to extend outside the vertical side
lines of said surface locations: Provided, thai
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, continued in thell
own direction that such planes will interseci
such exterior parts of said veins or lodges: And
provided further, that nothing in this section
shall authorize the locator or possessor OF ven
or lode which extends in its downward courst
beyond the vertical lines OF his claim to entel
upon the surface of claim owned or possessed
by another.
SEC That where tunnel Is run for TIT
development OF II Vein OF lode or for the discov
srv of mines the owners of such tunnel shall
have the right of possession Of all veins or lode
within three thousand feet from the face OF suel
tunnel on the line thereof not previously know
to exist discovered in such tunnel to the sam
extent as if discovered from the surface; an
locations on the line Of such tunnel OF veins o
lodes not appearing on the surface made b
other parties after the commencement OF tn
tunnel, and while the same is being prosecute
with reasonable diligence shall be invalid; Du
failure to prosecute the work on the tunnel fo
six months shall be considered as an abandon
ment of the right to all undiscovered veins
the line OF said tunnel.
SEC, 5. That the miners of each mining dir
trict may make rules and regulations not in col
tct with the laws of the United states, or wit
the laws Of the State or Territory in which Il
district is situated, governing the location, mai
ner of recording, amount of work necessary
hold possession of mining claim, subject
the following requirements; Location must
boundaries can be readily traced. All records
mining claims hereafter made shall contain Il
name or names of the loeators, date OF the Ioc
ton, and such q description OF the claim
claims located by reterenence to some natur
object or permanent monument as will identi
the claim. on each claim located after the pa
sage of this act, and until q patent shall ha
been issued therefor, no less than one hundr'
dollars worth Of labor shall be performed or il
provements made during each year On q
claims located prior to the passage of ii
act ten dollars worth of labor sh,
be performed or improvements ma
each year for each hundred fe
in length along the vein until patent shi
have been issued therefor; but where such claii
are held in common such expenditure may
made upon any one claim: and upon failure
comply with these conditions, the claim or mi
upon which such failure occurred shall be op
to relocation in the same manner as il no To-
ton OF the same had ever been made; Provide
That the original locatOrs, their hei
assigns or legal representatives, have not
sumed work upon the claim after such fall
and before such location. Upon the failure
any one of several co-owners to contribute
portion of the expenditures required by this q
the co-owners who have performed the labor
made the improvements may, at the expirst
of the year, give such delinquent co.owher
sonal notice in writing or notice by publicat
IN the newspaper published nearest the ella
for at least once week for ninety days, and il
the expiration of ninety days after such notice
writing or by publication such delinquent sho
fail or refuse TO contribute ms proportion
comply with this act, his interest in the eli
shall become the property of his co-owners
have made the required expenditures.
SEC. C, That patent for any land claii
md located for valuable deposits may be
tanned in the following manner; Any per
association or corporation authorized to loca
claim under this act, having claimed and loo
piece of land for such purposes, who ha
have, complied with the terms Of this act,
rie in the proper land-ofice an application
patent under oath, showing such compla
together with plat and feld-notes of the C
or claims in common, made by or under tn
rection of the United States Surveyor Gen
showing accurately the boundaries of the G
or claims, which shall be distinctly marke
monuments on the ground, and shall post
OF such plat together with notice of |
application for patent, in consI
GUS place on the land embraced in such plat
vious to the filing of the application for a
ent, and shall file an affidavit OF at least
persons that such notice has been duly postt
aforesaid, and shall file copy Of said motif
such land-office, and shall thereupon be ent
to patent for said land, in the manner fol
ing; The register of the land-o1ice, upon
nling of such application, plat, feld-notes
tees and affdavits, shall publish a notice
such application has been made, for the pt
of sixty days, in a newspaper { De by him d
mated as published nearest to said claim; al
shall also post such notice in his office TO
same period q" ,clam ut the time of
this application, lat any time thereafter,
in the sixty days OF publication, shall file
the register CertlHCaUe Oh tHe UHlleu ?
Surveyor General that five hundred dc
worth of labor has been expended or imp
ments made upon the claim by himself or
tors; that the plat is correct, with such flu
description by such reference to natural oh
or permanent monuments as shall identif.
claim, and furnish an accurate description,
Incorporated in the patent At the expirat
the sixty days of publication the claimant
Ale his affidavit showing that the plat an
see have been posted in conspicuous pla
ths claim during said period of publication
no adverse claim shall have been filed witt
register and the receiver of the proper land
n the expiration of the sixty days of public
1t shall be assumed that the applicant is EN-
t,a patent, upon the payment to the prop
ncer of FIVE dollars per acre, and that no I'D
clsim exists and thereafter no objection
third parties to the issuance Of patent sh'
heard, except it be shown that the apphcan
failed to comply with this act.
SEC. 7. That where an adverse claim Shit
filed during the period of publication, it sh'
upon oath of the person or persons maxim
same, and shall show the nature, bound
and extent of such adverse claim, and all