Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-13
DAILY RECORD
MINING LAW.
Laws OF Congress Governing the Loea-
ton, Holding and Working OF
Mining Claims Upon the Public
Domain.

Laws Of the United States, as passed by Con
gress and approved May 10. 1872. These are tile
last, and hence the only mining laws Of general
interest and ( rec. with tue single exception OF s
portion Of section 8, in reference to the reloca-
ton of claims and mines located prior to the
passage Of the g"neral mining ,Rw. The Act
amending the section alluded 20 viii also be
found. following the general law modifying sec
ton 6. SO that claim located prior to May 10,
ls72, Is not subject to relocation until June 10,
1874.
AN ACT to promote the development az the
Mining resources Of the United States
De IT enacted by the Senate and House of Rep
resentatiyes of the Unit 1 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-
clAred to be free and open TO exploration and
purchase, and the lands In which they
are fund 20 occupation and purchase
by citizens Of the United States sud
those who have declared there intention to be-
come SUCH under regulations prescribed by law.
aud according TO the local customs or rules Of
miners, in the several mining districts 80 far a.
the same are apple bic and not inconsistent
with the laws OF the United Stairs.
SEC 2. That mining claims upon veins or
lodes Of quartz or other rock in place bearing
gold, silver cinnebar, lead tin, copper, or ether
valuable deposits heretofore located, shall Be
governed as 10 length along the vein or lode by
the customs, regulations, and laws in fUrCe 81
the ia eof their location. 4 mining claim located
after the passage Of this act, whether located by
one or more persons, may equal, bat shall not
exceed one thousand 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 to less than TWEEN
tyive ieet 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 end-lines u each
claim shall be parallel to each other,
SEC. 3. That the lOcators OF all mining loca-
tons heretofore made or which shall hereafter
be made, any mineral vein, lode, or ledge, sit
usted on the public domain, their heirs and
signs, where no adverse claim exists at the pas.
sage Of this act, so long SIS 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
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-linrs extended downward vertical
ly, although such veins, lOdes or lodges may
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 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 tins section
shall authorize the locator pOsse s.or of vein
or lode which extends in its down ward course
beyond the vertical lines Of his claim to enter
upon the surface Of . claim owned or pOss ssed
by another.
sEo 4. That where tunnel is rup for the
development Of a vein or lode, or for the dIscov-
cry Of nj res, 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 previous ly known
10 exist, discovered in such tunnel, to the same
extent as IL 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
rnent of the right to all undiscovered veins on
the line Of said tunnel.
SEC. 3. I'll the miners Of each mining dis
trct may make rules and regulations not in con-
dict 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 u
hold possession Of mining claim, subject &c
the following requirements: Location must be
distinctly marked on the ground that il,
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 OF
claims located by refereDence to some natural
object or permanent monument will identify
the claim. on each claim located after the pas.
sage OF this act, and until patent shall have
been issued therefor, no less than one hundred
dollars worth OF labor shall be performed or i'm
provemens made during each year. On all
claims located prior to the passage Of this
act, 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
made upon any one claim; aud upon failure &c
comply with these conditions, the claim OF mine
upon which such failure occurred shall be oper
to relocation in the same manner as IL 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 failure
and before such location. Upon the failure u'
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 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 week for ninety days, and if ii
the expiration of ninety days after such motto. il
writing or by publication such delinquent SHOULD
fail or refuse to contribute his proportion L
comply with this act, his interest in the CLAIM
shall become the property of his co-owners whC
have made the required expenditures.
SIC. g. 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 located
piece of land for snch purposes, who has, oil
have. complied with the terms Of this act. may
te in the proper landOtfice an application for
patent, under oath, showing such compliance
together with plat and field notes Of the claim
or Claims in common made by or under the di
rection of the United States Surveyor General
showing accurately the boundaries Of the claim
or claims, which shall be distinctly marked by
monuments on the ground. and shall post copy
Of such plat, together with notice of such
application for patent, in conspicu,
GUS place on the land embraced in such plat pre-.
ViOus to the filing Of the application for pat.
ent, and shall file an affidavit of at least two
persons that such notice has been duly posted as
aforesaid, and shall file copy of said notice in
such land-office and shall tiereupon be entitled
to patent for said land, in the manner follow.
ing The register Of the land-office, upon the
filing of such application, plat, field notes, no.
tees and afhdavits, shall publish a notice that
such application has been made, for the period
of sixty days in a newspaper to be by him des g.
mated as published nearest to said claim; aud he
shall also post such notice in his office for the
same period. The claim at the time of filing
this application, or at any time thereafter, with
10 the sixty days of publication, shall file with
the register certificate Of the United States
Surveyor General that Ave hundred dollars
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 further
description by such reference to natural objects
or permanent monuments as shall identify the
claim, and furnish an accurate description, to be
incorporated in the patent. At the expiration OF
the sixty days Of publication the claimant shall
file his affidavit, showing that the plat and no.
tice have been posted in conspicuous place on
the claim during said period OF publication. Ii
no adverse claim shall have been filed with the
register and the receiver of the proper Office
at the expiration Of the sixty days Of publication
1t shall be assumed that the applicant is entitled
to a patent, upon the payment to the proper Of.
f1cer OF five dollars per acre, and that no adverse
claim exists and thereafter no objection from
third parties to the issuance of patent shall be
heard, except IL be shown that the applicant has
failed to comply with this act.
SEC. Z. That where an adverse claim shall be
filed during the period of publication, it shall be
upon oath of the person or persons making the
same, and shall show the nature, boundaries
and extent Of such adverse claim, and all pro-
at,a - /,