Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-24
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-
grsss and approved May 10. lsi2. These are the
last. and hence the only mining laws Of general
interest and force, with the single exception Of
portion Of section 5, in reference to the reloca-
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 sec
ton 5, so that . claim located prior to May 10,
1874, IL not subject to relocation until June 10,
1874.
AN ACT to promote the development Of the
Mining resources Of the United States
Be 1t 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 uDsuryeysd, are hereby de,
elared 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, so far as
the same are applicable and not inconsistent
with the laws of the United States.
sEc O. That mining claims upon veins or
lodes Of quartz or other rock in place bearing
gold silver cinnabsr, lead, tin, copper, or other
governed as to length along the vein or lode by
the customs, regulations. and laws in force ~
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 thousand 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
vain at ha shall he
tied by any mining regulation to less than TWEEN
ty-five feet each side of this middle Of the vein
al the surface except where adverse rights exist
ing at the passage Of this act shall render such
limitation necessary. The end-hnes OF each
claim shall be parallel to each other.
SEC. 8. 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 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
possessory 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 ledgys throughout the entire
depth, the top or apex OF which lies inside OF
such surface-lines extended downward vertical
", although such veins, lodes or lodges may SO
far depart from q 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 es 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 vein
or lode which extends in its downward course
beyopd The vertical lines of his claim to enter
upon The surface of claim owned or possessed
by another.
SEC l. 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
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 OF
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; but
failure TO prosecute the work on the tunnel FOL
six months shall be considered as an abandon
rnent of the right to all undiscovered veins OF
the line Of said tunnel.
SEC. 5. That the miners Of each mining dis
trict may make rules and regulations not in con
hct with the laws Of the United States, or will
the laws Of the State or Territory in which til
district 10 situated, governing the location, mar
ner Of recording, amount Of work necessary t
hold possession OF mining claim, subject
the following requirements: Location must
distinctly marked on the ground SO that i
boundaries can be readily traced. All records
mining claims hereafter made shall contain Il
name or names OF the locators, date OF the loo
ton, and such description OF the claim {
claims located by referenence to some naturi
object or permanent monument az will identii
the claim On each claim located after the pa
sage OF this act, and until patent shall ha,
besn issued therefor, no less than one hundre
dollars worth OF labor shall be performed or in
provements made during each year. On a
claims located prior to the passage OF tn
act, ten dollars worth Of labor sha
be performed or improvements mao
each year for each one hundred fe
in length along the vein until patent shs
have been issued therefor; but where such CLAIM
are held in common, such expenditure may
made upon any one claim; and upon 4 failure
comply with these conditions, the claim or mil
upon which such failure occurred shall be OPT
to relocation in the same manner as If no loo
ton of the same had ever been made: Provide
That the original locators, their he'll
assigns or legal representatives, have not I
sumed work upon the claim after such falu
and before such location, Upon the failure
any one Of several co-owners to contribute
portion OF the expenditures required by this az
the co-owners who have performed the labor
made the improvements may, at the expirati
Of the year give such delinquent co.owner pr
Sonal notice in writing or notice by publlcati
in the newspaper published nearest the clan
for at least once week for ninety days, and II
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 c
tanned in the following manner: Any persc
association or corporation authorized to locate
claim under this act, having claimed and locat
n piece of land for snch purposes, who has
have complied with the terms OF this act. IN
file in the proper land-ofhce 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
reetion 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 q co
Of such plat, together with notice OF su
application for q patent, IN consplt
GUS place on the land embraced in such plat p
vious to the filing Of the application for 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 office, and shall thereupon be entitl
to patent for said land, in the manner folio
ing: The register Of the land-office, upon
fling of such application, plat, feld-notes, I
tees and afidavits, shall publish notice II
sach application has been made, for the peri
OF sixty days, in a newspaper to be by him des
mated as published nearest to said claim; and
shall also post such notice in his office for
same period. The claim at the time of fill
this application, or at any time thereafter, wi
in the sixty days Of publication, shall file W
the register o 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 gr
tors; that the plat is correct, with such furtl
description by such reference to natural obje
or permanent monuments as shall identify
claim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days Of publication the claimant ST
file his affidavit, showing that the plat and
tics have been posted In conspicuous place
the claim during said period OF publication.
no adverse claim shall have been filed with
register and tho receiver of the proper land-of
at the expiration Of the sixty days of publicat
1t shall be assumed that the applicant is EMIT
to . patent, upon the payment to the proper
fser of Ave dollars per acre, and that no adve
claim exists; and thereafter no objection Fl
third parties to the issuance of patent shall
heard, except 1t be shown that the applicant
failed to comply with this act.
SEC. z. 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, boundar
and extent Of such adverse claim, and all !
ceedinRs, except the publication Of notice
maling and fling Of the affidavit thereof, 81