Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-07
DAILY RECORD
MINING LAW.
Laws of Congress Governing the Local
ton, Holding and Working OF
Mining Claims Upon the Public
Domain.


Below viii Be found an abstract Of the Mining
Laws o. the United States, a. passed by Con
grsss and approved May 10. 1871. These are the
last, and hence ID. only mining laws Of general
uterssi and force, with the single exception q a
portion Of section 5, in reference 10 the rel0cs-
ton Of claims and mines located prior to the
passage Of the general mining law. Tie Act
snsnding the section alluded TO Will also be
found. following the general Law modifying sec-
ton 5. 50 that claim located prior to May 10,
1872, is no, subject TO relocation until Juns 10,
1874
An ACT to promote the development Of the
Mining resources Of the United States
Be Il enacted by III. SenEte and House Of Rep
resentAtiyes Of the United States Of America in
Congress assembled, That all valuable mineral
deposits in lands belonging 70 the United States,
both surveyed and uHsuryeyed. are hereby de-
elared 70 be free and open to exploration and
purchase, and the lands in which they
are found 70 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 a.
the same are applicable and not inconsistent
with the laws Of the United States.
SEC. 2 That mining claims upon veins OF
lodss Of quartz or other rock il place bearing
gold silver ciunabsr, lead, tin, copper, or other
valuable deposits heretofore located. snail be
governed As - length along the vein or lode b.
the customs regulations, and laws in force at
the dAts Of their location. mining claim located
after the passage Of this act, v neither 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
vein al the surface, nor shall any claim be lin
tied by any mining regulation to less than TWEEN.
tyhye feet on each side Of the 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-lines Of each
claim shall be parallel TO each other.
SIC. g. That the locatOrs of all mining loca-
tions heretofore made, or which shall hereafter
be made, 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 VI 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
pOssesEOry 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 entirr
depth, the top or apex Of which lies inside OF
such surface-lines extended downward vertical
ly, although such veins, lOdes or lodges may so
a
downward a. to extend outside the vertical side
lines OF said sarface locations: Provided, that
their right Of possession to such outside parts
Of such veins or lodges shall be confined to such
portions thereof rs lie between vertical planes
drawn downward aforesaid, through the end
lines Of their locations, SO continued in their
own direction that such planes will iutersect
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 claim owned or possessed
by another.
SEC. L. That where d 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 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
ment of the right to all undiscovered veins on
the line OF said tunnel.
SEC. 9. 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 with
the laws Of the State or Territory in which the
district is situated, governing the location, man
ntr of recording, amount of work necessary L
hold possession OF a mining claim, subject I,
the following requirements: Location must III
distinctly marked on the ground so that it
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 q description Of the claim O
claims located by referenence TO some natura
object or permanent monument as will identify
the claim. On each claim located after the pas
Nft "a .Ian ,u,s.
been issued therefor no less than one hundred
dollars worth OF labor shall be performed or i'm
provements made during each year. on al
claims located prior to the passage Of THU
net, 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 shal
have been issued therefor; but where such claim
are held in common, such expenditure may b.
made upon any one claim; and upon failure L
comply with these conditions, the claim or min
upon which such failure occurred shall be open
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, or legal representatives, have not re
sumed work upon the claim after such failur
and before such location. Upon the failure 0
any one Of several co-owners to contribute hi
portion of the expenditures required by this &C,
the co-owners who have performed the labor o
made the improvements may, at the expiration
of the year, give such delinquent cu.owner per
sonal notice in writing or notice by publication
in the newspaper published nearest the claim
for at least once u week for ninety days and if a
the expiration of ninety days after such notice il
writing orby publication such delinquent shout
fail refuse to contribute his proportion t
comply with this act, his interest in the CLAIM
shall become the property of his co-owners VIII
have made the required expenditures
SEC G. That patent for any land elaine
and located for valuable deposits may be oh
tanned in the following manner; Any person
association, or corporation authorized to locate
claim under this act, having claimed and lOcate
piece Of land for snCh purposes, who has, o
have, complied with the terms of this act, ma
file in the proper landoffice 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 b,
monuments on the ground, and shall post cop,
of such plat, together with q notice of sucl
application for patent, in a 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 tive
persons that such notice has been duly posted a.
aforesaid and shall file copy of said notice il
such land-office and shall thereupon be entitled
to patent for said land, in the manner follow
ing: The register of the land-ofiice, upon tn,
filing of such application, plat, ield-notes, no
tees and afidavits shall publish a notice thai
such application has been made for the period
of sixty days, in o newspaper to be by him desig
mated as published nearest to said claim; and ht
shall also post such notice in his Office for thu
same period. The claim at the time of film,
this application, at any time thereafter with
in the sixty days Of publication, shall file witt
the register certificate of the United State
Surveyor General that five 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 no
tice have been posted in conspicuous place Of
the claim during said period Of publication.
no adverse claim shall have been filed with tn
register and the receiver of the proper land-ofic
ut the expiration of the sixty days of publication
it shall be assumed that the applicant is entitled
to patent upon the payment to the proper of
fser Of five dollars per acre. and that no advers
claim exists; and thereafter no objection from
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.
filed during the period of publication, it shall b.
upon oath of the person or persons making tn
same, and shall show the nature, boundaries
and extent of such adverse claim, and all pro
ceedings, except the publication of notice AM