Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-17
THE PIOCHE DAILY RECORD.
MINING LAW.
Law. of Congress Governing the Local
tion, Holding and Working Of
Mining Claims Upon the Public
nau,ntu

Below vii! be found sn abstract OF the Mining /
Laws Of the United States, as passed by Con
sress and approved May 10, 1872. These are the /
iAst. and hence the only mining laws Of general .
interest and force, with the single exception Of .
portion Of section 5, in reference to the r-loca-
ton 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 SEQ
ton 5, so that claim located prior TO May 10.
Is72, 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
rasentstiyes o! the United States Of America il
Congress assembled, That all valuable mineral
deposits in lands belonging to the Jnlted States
both surveyed and unsuryeyed, are hereby de.
slared ta be free and open to exploration and
purchase. and the lands IN which they
are found to occupation and purchase
bv 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 a.
the same apple BILE and not inconsistent
with the laws OF the United States.
SEC 2 That mining claims upon veins or
l0des Of quartz or other rock in place bearing
gold, silver cinnabsr, lead, tin, copper, or other
governed Is 10 length along the vein or lode by
the customs, regulations, and laws in force at
the da'e 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 th Ousand five hundred feet in length
along the vein or lode; but 10 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 he lin
TIED by any mining regulation to less than TWEEN
ty-fve feet on each side Of the middle Of the VEN
at the surface except where adverse rights exist
ing at the passage Of this act shall render such
limitation necessary. The enu-hnes 81 tach
claim shall b. parallel to each other.
SIC 3. That the lOcators Of all mining loca-
tons heretofore made, or which shall hereafter
be made on any mineral vein, lode, or ledge, sit
usted on the public domain, their heirs ana as
signs, where no adverse claim exists at the pas
sage OF this act, so long they comply witrthe
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
p0sseSsnry title shall have the exclusive right OF
possession and enjoyment Of all the surface in
GUIDED within the lines OF their locations and Of
sll 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 30
lar depart from perpendicular in their course
downward a. to extend outside the vertical side
lines OF said surface locations: Provided that
OF such veins or lodges shall be confined to such
portions thereof lie between vertical planes
drawn downward aforesaid, through the end
lines of their locations 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
upon the surface Of a claim owned or posi- sscd
by another.
sFc4 That where 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 odes
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 a. il discovered from the surface: and
locations on the line OF such tunnel of veins OF
lodes not appearing on the surface, made by
other parties after the commencement Of tht
tunnel, and while the same il being prosecuted
with reasonable diligence, shall BIZ 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 OF
the line of said tunnel.
SEC s. That the miners Of each mining dis
trict may make rules and regulations not IN con
iCt with the laws of the United States or viii
the laws of the state or Territory in which tn
district is situated governing the location, man
of recording, amount Of work necessary
mold possession Of & mining claim, subject t
the following requirements: Location must /
boundaries can he readily traced, All records Q
mining claims hereafter made shall contain III
name names OF the loCators, date Of the loca
ton, and such description OF the claim q
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 hGy
been issued therefor, no less than one hundre
dollars worth of labor shall be performed or ill
provements made during each year On a.
claims located prior to the passage Of thi
set, ten dollars worth OF labor sha
be performed or improvements mad
each year for each one hundred fet
in length along the vein until patent sha
have been issued therefor; butwhere such claim
are held IN common, such expenditure may |
made upon any one claim; and upon failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be ope
to relocation in the same manner as If no loo
ton of the same had ever been made: PROVIDE
That the original lOCators, their heir
assigns, or legal representatives, have not I
sumed work upon the claim after such failu
and before such location, Upon the failure
any one Of several co-owners to contribute h
portion Of the expenditures required by this aC
the co-owners who have performed the labor
made the improvements may, at the eEpirati(
of the year, give such delinquent co owner pc
s1nal notice in writing or notice by publicatit
IN the newspaper published nearest the elaiI
for at least once week for ninety days, and if
the expiration of ninety days after such notice
writing or by publication such delinquent shou
fall or rGtnSe TO cOntrlDute MS proportion
comply with this act, his interest i'll the clai
shall become the property of his co-owners "
have made the required expenditures.
SIC. 6. That patent for any land claim
and located for valuable deposits may be
tanned in the following manner: Any pers,
association or corporation authorized to locat
claim under this act, having claimed and local
piece Of land for such purposes, who has,
have, complied with the terms Of this act, II
HIe in the proper land-oflice an application fo
patent, under oath, showing such complain
together with plat and field.notes Of the ella
or claims in common, made by or under the
rsction of the United States Surveyor Gener
showing accurately the boundaries of the ella
or claims, which shall be distinctly marked
monuments on the ground, and shall post &C
OF such plat, together with notice Of 81
application for patent, in cOnspi
Gus place on the land embraced in such plat p
vous to the filing of the application for a p
ent and shall file an affidavit of at least t
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-ofiice and shall tAereupon be EMIT
toa patent for said land, in the manner follC
ing: The register of the land-offce, upon
filing of such application, plat, held-notes,
tees and afidavits shall publish a notice t
such application has been made, for the per
OF sixty days, in 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, vi
a the sixty days Of publication shall file W
the register Certlhcate OF the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
m 3nts made upon the claim by himself or gr
trs; that the plat is correct, with such furt
,scription by such reference to natural obje
OIL permanent monuments as shall identify
Q aim, and furnish an accurate description, to
Incorporated in the patent. At the expiration
the sixty days of publication the claimant sf
Ale his affidavit, showing that the plat and
ce have been posted in conspicuous place
thu claim during said period of publication.
no adverse claim shall have been fled with
gister and the receiver of the proper land-of
Q. the expiration of the sixty days Of publicat
1t shall be assumed that the applicant is EMIT
patent. upon the payment to the proper
d ,er OF five dollars per acre, and that no adve
claim exists; and thereafter no objection fr
taird parties to the ISSUANCE of patent shall
card, except it be shown that the applicant
failed to comply with this act.
SEC. 7. That where adverse claim shall
hled during the period of publication it shall
upon oath Of the person or persons making
same, and shall show the nature, boundari
and extent Of such adverse claim, and all p