Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-23
THE PIOCRE DAILY RECORD.
MINING LAW.
Laws Of Congress Governing the Local
ton. Holding and Working Of
Mining Claims Upon the Public
Domain.

Domain.
Below will be found an abstract Of the Mining
Laws Of the United States, Is 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
portion Of section 3. in reference TO the relccs-
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
aon 5. 80 that a claim located prior to May TO-
1872. is not subject TO relocation until June TO-
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
rcssutatiyes 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-
clnred 10 BE- free and open TO exploration and
purchase, and the lands in which they
are found 10 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, 50 far as
the same are Applicable and not inconsistent
with the laws Of the United States.
SIC. ? That mining claims upon veins or
lOdes OF quartz or other rock in place bearing
gold silver, cinnHbar, lead. tin, copper OF 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 uf this act, whether located 10y
one OF more persons, may equal. but shall not
exceed one To ousand five hundred feet in length
along the vein OF 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 lin
tied by any mining regulation tn less than TWEEN
ty-five feet each side of the middle Of the vein
at the surface except WHORE adverse rights exist
ing at the passage Of this act shall render such
Limitation necessary. The end-lines Of each
claim shall he parallel TO each other.
SEC. 3. That the locators of all mining loca-
tions heretofore made, or which shall hereafter
he made, on suy mineral vein, lode, or ledge, Sit
uated on the public domain, their heirs ana 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
toral and local regulations not in conflict with
said laws Of the United States governing their
posscs.ury 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 lodcs, and lodges throughout the entire
depth the top or apex of which lies inside of
such surface-liues extended downward vertical
", although such veins, lodes or lodges may so
far depart from perpendicular in their course
downward o. to extend outside tine vertical sue
lines OF said surface locations: Provided, that
their right OF possession to such outside parts
of such veins or lodges shall he confined to such
portions thereof lie between vertical planes
drawn downward as aforesaid, through the end
lines of their locations, 50 continued in their
own direction that such planes will intersact
such exterior parts of said veins or lodges: And
provided further, that nothing in this section
shall authorize the locator or possessor Of vein
ur lode which extends IN its downward course
beyond the vertical lines of his claim 20 enter
upon the surface n claim owned or possessed
hv another.
SEC A. That where tunnel is run for the
development OF vein or lode, or for the diec0v-
cry nf 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 III such tunnel, to the came
extent as II 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 il being prosecuted
with reasonable diligence, shall be invalid; hut
failure 10 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 sHid tunnel.
SEC. :. That the miners of each mining dis
trict may make rules and regulatiunsno in con,
fct with the laws Of the United States, or with
the laws Of the State OF Territory in which th'
district II situated, governing the location, man
ner Of recording, amount of work necessary t.
hold possession Of mining claim. subject +
the following requirements; Location must b
distinctly marked on the ground so that II
boundaries can he readily traced. All records q
mining claims hereafter made shall contain tn
name or names Of the locators, date Of the loca
tiou, and such description of the claim o
claims located by referenencc to some natura
object or permanent monument AS will idGntit,
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
proVcments made during each year. On al
claims located prior to the passage OF thi
act ten dollars worth OF labor shal
be performed improvements mad
each year for each one hundred fee
in length along the vein until n patent shal
have been issued therefor; but where such claim
are held in common, such expenditure may l.
made upon any one claim; ana upon a failure t
comply with these conditions. the claim or min
upon which such failure occurred shall be ope
to relocation in the same manner as If no loci
ton of the same had ever been made: Provided
That the original locators, their heir
assigns legal representatives,, have not r
sumed work upon the claim after such failul
and before such location. Upon the failure
any OF several co-owners TO contribute h
portion of the expenditures required by this &c
the Co-Owners who have performed the labor
made the improvements may, at the expiratiC
of the year, give such delinquent COowner pc
sOnal notice in writing or notice by publicatiC
in the newspaper published nearest the clair
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
fail or refuse to contribute his proportion
comply with this act, his interest in the clai
shall become the property of his co-owners W
have made the required expenditures.
SEC. G. That patent for any land claim
and located for valuable deposits may be {
tanned in the following manner; Any persC
association, or corporation authorized to locati
claim under this act having claimed and locat
nj. nf rI "a has
have, complied with the terms of this act, N
ale in the proper lGnd-oflce an application TO
patent, under oath, showing such complain
together with plat and feldnotes of the ella
or claims in common, made by or under the
rrcton 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 co
of such plat, together with notice of su
application for n patent, in cunspiC
Gus place on the land embraced in such plat pi
vious to the filing of the application for p
snt, 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-oficc. and shall thereupon be entitl
to patent for said land, in the manner folio
ing: The register of the land-oflce, upon I
filing of such application, plat, feld-notes, /
tees and atfidavits, shall publish a notice Il
such application has been made, for the peri
of sixty days, in "A newspaper < De by him dies
mated as published nearest to said claim and
same period. " ,Claim Mt the time of fill
this application, olat any time thereafter, wi
In the sixty days of publication, shall file W
the register certificate of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
ments made upon the claim by himself or gri
tors; that the plat IL correct, with such furtl
description by such reference to natural obje
or permanent monuments as shall identify |
claim and furnish accurate description, to
incorporated in the patent. At the expiration
the sixty days of publication the claimant sh
@le his affidavit showing that the plat and
ice have been posted in a conspicuous place
the claim during said period of publication.
no adverse claim shall have been filed with
register and the receiver Of the proper land-ofl
at the expiration of the sixty days of publieat
it shall be assumed that the applicant is EMIT
to a patent upon the payment to the proper
fcer of five dollars per acre, and that no adve
claim exists: and thereafter no objection fr
third parties to the issuance of patent shall
heard, except it be shown that the applicant
failed to comply with this act.
SEC. 7. That where an adverse claim shall
filed 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