Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-09
THE PIOCHE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

Laws Of Congress Governing the Local
Mining Claims Upon the Public |
Domain.
Below will be found abstract of the Mining
Laws of tho United States. as passed by Con-
gress and approved May 10. 1872. These are the
asst, and hence the only mining laws Of general
nteres. and force. with the single exception Of a
portion Of section 6, in reference to the reloca
lion 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 s, 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
resentstives 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-
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 be-
come such. under regulations prescribed by law,
and according to the local customs rules of
miners, in the several mining districts. so far
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, cinnnbar, 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'e 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; but no location of a min
g claim shall be made until the discovery OF
% vein or lode within the limits of the claim
I Gated. No claim shall extend more than three
b ndred feet on each side of the middle of the
' in at the surface, nor shall any claim be lin.
ed by any mining regulation to less than TWEEN.
ty-ve feet on each side of the middle of the vein
q. the surface except where adverse rights exist
ing at the passage of this act shall render such
limitation necessary. The end-lines of each
claim shall be parallel to each other.
SEC. 8. That the locators Of all mining loca-
tions heretofore made, or which shall hereafter
be made, 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
torisl 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 surfsce-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 rs 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 possessor of 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 smother.
SEC A. That where tunnel is run for the
development OF q 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
10 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. 6. That the miners OF each mining dis.
trict may make rules and regulations not 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
ner of recording, amount Of work necessary TO
hold possession of q mining claim, subject to
the following requirements: Location must be
distinctly marked on the ground SO that its
boundaries can be 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 description of the claim or
claims located by referenence to some natural
object or permanent monument as will identify
the claim. On each claim located after the pas
sage of this act and until q 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 all
claims located prior to the passage of this
set, ten dollars worth of labor shall
be performed or Improvements made
each year for each one hundred feet
in length along the vein until patent shall
have been issued therefor; but where such claims
are held in common, such expenditure may be
nade upon any one claim; and upon failure to
comply with these conditions, the claim or mine
upon which such failure occurred shall be open
TO relocation in the same manner as If no loca'
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 failure
and before such location. Upon the failure OF
knN one OF several cO-UWueTt 10 contribute Hlh
portion Of the expenditures required by this act
the co-owners who have performed the labor Of
made the improvements may, at the expiration
of the year, give such delinquent co owner per
sonal notice in writing or notice by publication
IN the newspaper published nearest the claim
for at least once a week for ninety days, and if a
the expiration of ninety days after such notice il
writing or by publication such delinquent should
fail or refuse to contribute his proportion tC
comply with this act, his interest in the claim
shall berOmp the prODerty of his W h(
have made the required expenditures
SEC. 6. That patent for any land claimed
and located for valuable deposits may be OBJ
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 such purposes, who has, o
have, complied with the terms Of this act, ma
AIe in the proper land-office an application for
patent, under oath, showing such compliance
together with plat and fieldnotes of the clair
claims in common, made by or under the d
ecton CO the United States Surveyor Genera
showing accurately the boundaries Of the clair
or claims, which shall be distinctly marked b
monuments on the ground, and shall post cop
Of such plat, together with a notice of sue
application for patent, in conspicr
ous place on the land embraced In such plat prs
vious to the filing Of the application for pal
ent, and shall file an affidavit of at least tw
persons that such notice has been duly posted a
aforesaid, and shall file copy Of said notice i
such land-office. and shall thereupon be entitle
70 patent for said land, IN the manner follow
ing: The register of the lsnd-ofice, upon tn
nling Of such application, plat, field.notes. nc
tees and afidavits, shall publish . notice this
such application has been made, for the perio
of sixty days, in . newspaper % by him desii
mated as published nearest to said claim; and /
shall also post such notice in his office for tt
same period :" 'claim at the time of Min
this application, rat any time thereafter. will
In the sixty days of publication, shall file wit
the register Q certificate of the United State
Surveyor General that Eve hundred dollar
worth OF labor has been expended or improv
ments made upon the claim by himself or graz
tors; that the plat is correct, with such furth6
description by such reference to natural object
or permanent monuments as shall identify tn
claim, and furnish an accurate description, to
Incorporated in the patent. At the expiration G
the sixty days Of publication the claimant shal
ale his afidavit, showing that the plat and NJ
t,ce have been posted in a 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-ofic
at the expiration of the sixty days Of publicatio
1t shall be assumed that the applicant is entitle
to a patent, upon the payment to the proper O.
hcer of five dollars per acre, and that no advers
claim exists; and thereafter no objection froi
third parties to the Issuance Of patent shall
heard, except it be shown that the applicant hs
failed to comply with this act.
SEC. y. That where an adverse claim shall