Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-24
DAILY RECORD
MtNlNC LAW.
Laws Of Congress Governing the Local
tiou. Holding and Working of
Mining Claims Upon the Public
Douaip.

DOnafn.
Below viii be found an abstract q the Mining
Laws of the United States, as passed by Con
gress and approved May 10. 1872. These are the
last, and hence the only mining laws Of general
interest AMI ( rec, with tne single exception Of
portion of section 3, in reference to the reloca-
ton Of claims ami mines located prior to the
passage of the general mining Jaw. The Act
amending the section alluded 10 will also be
found. following the general Law modifying sec
ton s. 50 that claim located prior to May 10.
1872, 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
resentstives 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.
clared 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 10 the local customs or rules Of
niuers in the several mining districts. 50 far as
the same are apple Bile and not incousiste Mt
with the laws Of the United States.
SEC 2. That mining claims upon veins or
lodes of quartz or other rock in place bearing
gold silver, cinnabar, lead tin, copper, or other
valuable deposits heretofore located, shall be
governed rs to length along the vein or lode by
the customs, regulations, and laws in fol, C at
the daie of their location. mining claim located
after he passage Of this act, whether located 10y
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
tue vein or lode within the limits Of the claim
located. No claim shall extend more than three
SD mid. F.74r
vein at the surface, nor shall any claim be lin
tied by any mining regulation 10 less than TWEEN
ty-hve feet 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 endlines Uf e.,
claim shall be parallel 10 each other.
SEC. 3. That the locators Of all mining loca
t!ons heretofore made, or which shall hereafter
be made, on 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 Of this act, SO long as they comply with the
laws Of the United States and the State, Terri
tOria and local regulations not in conflict with
said laws of the United States governing their
possessory title shall have the exclusive right OF
possession aud enjoyment of ell the surface ill.,
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 surface-lncs extended downward vertical
ly, although such veins, loies or lodges may 50
far depart from a perpendicular in their course
DOWNWARD q 10 tAtell outside Inc vertical Htle
lines of said surface locations: Provided, that
their right Of possession to such outside part
OF such veins or lodges shall be confined 10 such
portions thereof Is lie between vertical planes
drawn downward os aforesaid, through the end
lines of their locations so continued in thCll
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 weir
or lode which extends in its downward courst
beyond the vertical lines Of his claim to enter
upon the surface Of q claim owned or possessed
BY another
SEC. l. That where a tunnel is run for The
development OF @ vein or lode, or for the disCOv
cry of mi1es, the owners of such tunnel shall
have the right Of possession of all veins or lOde
within three thousand feet from the face of sucl
tunnel on the line thereof not previously known
to exist discovered in such tunnel, to the SAINT
extent as II discovered from the surface ant
locations on the line Of such tunnel Of veins o.
lodes not appearing on the surface, made b!
other parties after the commencement of TIN
tunnel, and while the same Is being prosecute
with reasonable diligence, shall be invalid hu
failure to prosecute the work on the tunnel 70
six months shall be considered as an abandon
ment of the right to all undiscovered veins Of
the line of said tunnel.
SEC. 5. Tn the miners of each mining dis
trict may make rules and regulations not in cor
iict with the laws of the United States, or wit
the laws of the State or Territory in which tn
district is situated, governing the location, maj
Htr Vi TtCpruIIP, VI WDIh HettthdIN
hold possession of mining claim, subject
the following requirements; Location must |
distinctly marked on the ground that il
boundaries can be readily traced. All records
mining claims hereafter made shall contain IL
name or names Of the lOcatOTs, date OF tho lOoi
ton, and such q description of the claim
claims located by refcrenence to some uatur'
object or permanent monument rs Will iieutlt
the claim. On each claim located after the pa
sage of this act, and until patent shall hay
been issued therefor, no less than one hunire
dollars worth OF labor shall be performed or in
provements made during each year, On a
claims located prior to the passage Of III
act, ten dollars worth of labor sha
lie performed or improvements mad
each year for each one hundred fe,
in length along the vein until patent sha
have been issued therefor but where 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 he ops
to relocation III the same manner as if no loo
ton of the sam" had ever been made; Provide
That the original locators, their heir
assigns, or legal representatives, have not +
sumed work upon tine claim after such falu
and before such location. Upon the failure
any one 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 tho eXpirati,
OF the year, give such delinquent co owner pc
sonal notice in writing or notice by puDllcatiC
in the newspaper published nearest the clair
for at least once u week for ninety days, and If
the expiration of ninety days after such notice
writing orby 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 wi
have made the required expenditures.
Sac. g. That patent for any land claimt
and lorated for valuable deposits may be O
tanned in the following manner: Any perso
association Or corporation authorized to locate
claim under this act, having clamed and lOcatt
piece of land for such purposes who has,
have, complied with the terms Of this act AM
file in the proper land Office an application for
patent, under OATH showing such complianc
together with plat and field notes Of the clai
or claims i'll common, made by or under the d
rectiou of the United States Surveyor Genera
showing accurately the boundaries Of the clai
or claims, which shall be distinctly marked |
monuments on the ground, and shall post a COY
Of such plat, together with notice of sue
application for patent, in conspic
Gus place on the land embraced in such plat pr
vious to the filing of the application for pa
ent, and shall file an affidavit OF at least Nv
persons tHat such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-office, and shall tdereupon be entitlt
TO patent for said land in the manner FOLLOW
ing: The register Of the land-ofiice, upon IL
filing Of such application, plat, field. notes N
tees and atidavits, shall publish u notice thi
such application has been made, for the periu
Of sixty days, in newspaper TO be by him des
mated as published nearest to said claim; and |
shall also post such notice in his Office for u
same period. The claim at the time of flir
this application, or at any time thereafter. wit
in the sixty days of publication, shall file wi,
the register certificate of the United Stat
Surveyor General that five hundred dolla
worth of labor has been expended or improv
ments made upon the claim by himself or gra
tors that the plat is correct, with such furth
description by such reference to natural objec
or permanent monuments as shall identify Il
claim, and furnish an accurate description, to
incorporated in the patent. At the expiration
the sixty days Of publication the claimant sha
nile his affidavit, showing that the plat and II
tice have been posted in a conspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with Il
register and the receiver of the proper land. off
ut the expiration Of the sixty days of publcatic
1t shall be assumed that the applicant is entitlt
to patent, upon the payment TO the proper @
dcer of FIVE dollars per acre and that no adver
claim exists; and thereafter no objection fro
third parties to the issuance Of patent shall
heard except 1t be shown that the applicant h,
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 Il
same, and shall show the nature boundare
M evtapt NJ sJrh adyarsa claim, md all ~