Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-18
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Local
ton. Holding and Working of
Mining Claims Upon the Public
Domain.

Laws OF the United States, as passed by Con-
eress and approved May 10. 1872. These are the
last, and hence the only mining laws Of general
interest and force. with tine 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 Jaw. The Act
amending the section alluded to will also be
found. following the general law modifying sec
tion 5. SO that claim located prior to May 10,
1874 ia not subject to relocation until June 10,
1874.
AN ACT to promote the development Of the
Mining resources of the United States
be II 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 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
by citizens Of the United States aud
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, 80 far as
the same are spplicsblt 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. 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 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
lag 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 al the surface nor shall any claim be linn
tied by any mining regulation to less than TWEEN.
tyhve 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 endlines q 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
torial and local regulations not in conflict with
said laws Of the United States governing theic
posses-ory 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 surfGce-lnes extended downward vertical
lv, although such veins, lodes or lodges may SO
far depart from perpendicular in their course
downward as to extend outside the vertical side
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 intersect
such exterior parts Of said veins or lodges And
provided further. that nothing in this section
shall authorize the locator or possessor of q vein
or lode which extends in its downward course
beyond the vertical lines of his claim to enter
the surface of n claim owned EgE6
by another.
SEC 4. That where a tunnel is run for the
development OF vein or lode, or for the discUy-
cry Of mi es 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
meut of the right to all undiscovered veins ON
the line of said tunnel.
SEC. 8. Th,t 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 e
hold possession of a mining claim, subject Il
the following requirements Location must b.
distinctly marked on the ground so that II
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tn
name or names Of the locators, date Of the loca
ton, and such n description Of the claim 0
claims located by referenence TO some natura
object or permanent monument as will identif
the claim On each claim located after the pas
sage Of this act and until patent shall hav
been issued therefor no less than one hundred
dollars worth OF labor shall be performed or i'm
provements made during each year On nj
claims located prior to The passage OF thi
act, ten dollars worth OF labor shall
BE- performed or improvements mad
each year for each one hundred fee
In length along the vein until patent shall
have been issued therefor: butwhere such claim
are held in common, such expenditure may b
made upon any one claim; and upon failure &
comply with these conditions. the claim or min
upon which Such failure occurred shall be opel
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, OF legal representatives., have not re
sumed work upon the claim after such failur
and before such location. Upon the failure o
any one Of several co-owners to contribute hi
portion OF the expenditures required by this act
the co-owners who have performed the labor o
made the improvements may, at the expiration
of the year give such delinquent co. owner pei
sOnal notice in writing or notice by publication
IN IDb newspaper puDilhDtu utATtSt Ile claim
for at least once a week for ninety days and if a
the expiration of ninety days after such notice Il
writing orby publication such delinquent shout
fail or refuse to contribute his proportion t
comply with this act, his interest in the clair
shall become the property of his co-owuers VIII
have made the required expenditures
SIC. G. That patent for any land elaine
and located for valuable deposits may be OF
tanned in the following manner: Any person
association or corporation authorized to locate
1atT 1nla not 81 atr1Npl al 70
piece of land for such purposes, who has O
have. complied with the terms of this act ma
file in the proper land-office an application for
patent, under oath, showing such compliance
together with plat and field-notes of the clair
or claims in common, made by or under the d.
rection of the United States Surveyor General
showing accurately the boundaries Of the CLAIM
or claims, which shall be distinctly marked b
monuments on the ground, and shall post cop
of such plat, together with notice of sue.
application for patent, in conspicu
Gus place on the land embraced in such plat pre-
vious to the filing of the application for pat
eut, and shall file an affidavit OF at least tw
persons that such notice has been duly posted u
aforesaid, and shall file copy of said notice i,
such land.oflice. and shall taereupon be entitle,
10 patent for said land, in the manner follow
ing: The register of the land-ofiice, upon tn
filing Of such application. plat, feld-notes. no
tees and atiidavits, shall publish a notice tina
such application has been made, for the peri0(
Of sixty days, in newspaper to be by him des &
mated as published nearest to said claim; and h
shall also post such notice in his office for tn
same period. The claim at the time of film
this application or at any time thereafter, with
in the sixty days Of publication, shall file Will
the register certificate of the United State
Surveyor General that Ave hundred dollar
worth Of labor has been expended or improve
ments made upon the claim by himself or gran
tors; that the plat is correct, with such furthe
description by such reference to natural object
or permanent monuments as shall identify tn
claim, and furnish an accurate description, to b
incorporated in the patent. At the expiration O
the sixty days Of publication the claimant shall
file his affidavit, showing that the plat and nc
tlce have been posted in n 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 landoffic
at the expiration Of the sixty days Of publication
1t shall be assumed that the applicant is entitled
to patent, upon the payment to the proper Of
ncer OF five dollars per acre. and that no advers
claim exists; and thereafter no objection iron
third parties to the issuance of patent shall b
heard, except it be shown that the applicant ha
failed to comply with this act
SEC 7. That where an adverse claim shall b,
fled during the period Of publication, it shall b.
upon oath Of the person or persons making TIL
same, and shall show the nature, boundaries
and extent of such adverse claim and all PRO
ceedings, except the publication Of notice nnt
making and fling of the affidavit thereof shal