Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-05
DAILY RECORD
MINING LAW.
Laws OF Congress Governing the Local
tisn, Holding and Working of
Mining Claims Upon the Public
In

NAAssssS pm ssse . "phhN
Domain.
Below will be found an abstrac; Of 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 and force. with tine single exception of 8
portion OF section 5, in reference to the relOcs-
ton Of claims and mines located prior to the
passage q 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 a 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 St.tes'
Be il 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 Gnsuryeyed, are hereby de-
elared 10 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 and
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, SO far as
the same are spplic BILE and not inconsistent
with the laws Of the United States.
SEC. 2. Tint mining claims upon Veins or
iodes Of quartz other rock in place bearing
gold, SILVER cinnabar, lead tin, copper, or 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 dAle 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
1s.sls 49, IL
located No claim shall e1tsad more than three
hundred feet on each side of the middle of the
vein at the surface, nor shall any claim be linn
tied by any mining regulation to less than TWEEN
ty-fye feet 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 Of each
claim shall be parallel to each other.
SEC. 8. That the locators of all mining loca-
tions heretofore made or which shall hereafter
be made, on any mineral vein. lode, or ledge. sit
mated on the public domain, their heirs and as
signs where no adverse claim exists at the pas
~ ge 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
possesgory 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 suTfsce-lines extended downward vertical
~, although such veins, lodes or lodges may so
lar 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 IS lie between vertical planes
drawn down ward as aforesaid through the end
lines Of their locations, 50 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
beyond the vertical lines Of his claim to enter
upon the surface Of claim owned OF possessed
Uy another,
SEC. 4. That where a tunnel is run for the
deyelopment Of 8 vein or lode, or for the discov-
cry Of miues. the owners Of such tunnel shall
have the right Of possession Of all veins or lOdcs
within three thousand feet from the face of such
tunnel on the line thereof not previously known
ga 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. aI,d wAile 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 abandon
ment Of the right to all undiscovered veins on
the line OF said tunnel.
SEQ ). That the miners Of each mining dis
trict may make rules and regulations not in con.
MET with the LAWS oil the ultGd states, 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 t,
hold possession Of a mining claim, subject Il
the following requirements; Location must b
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
ti0n, and saCh q description of the claim oil
claims located by Ieferenence to some natural
ont
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
provemeuts made during each year. On all
claims located prior to the passage of this
act ten dollars worth of labor shal
he performed or improvements made
each year for each one hundred fee
IN length along the vein until patent shall
have been issued Therefore but where such claini
ere held in common, such expenditure may b,
inside upon any claim; and upon failure I,
comply with these conditions, the claim or min,
upon which such failure occurred shall be Opel
to relocation in tine same manner as If no loca
tipn 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 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 act
the co-ewners who have performed the labor o
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 a
the expiration of ninety days after such notice i
writing or by publication such delinquent shout
fail or refuse to contribute his proportion I
comply with this act, his interest in the clair
shall become the property OF his co-owners VIII
have made the required expenditures.
SEC. q. That patent for any land elaine
and located for valuable deposits may be OF
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 such purposes, who has q
have, complied with the terms of this act ma
file in the proper land Office an application for
patent, under oath, showing such compliance
together with plat and held-notes of the clair
or claims in common, made by or under the d
rection of the United States Surveyor Genera
showing accurately the boundaries Of the clair
or claims, which shall be distinctly marked b
monuments on the ground, and shall post cop
of such plat, together with q notice of sue
application for patent, in a conspicr
GUS place on the land embraced in such plat pre-
vious to the filing of the application for pal
ent, and shall file an affidavit of at least tw
persons that such notice has been duly posted a
aforesaid, and shall file a copy of said notice i
such land-otfice. and shall thereupon be entitle
TO patent for said land, in the manner follow
ing The register of the land-office, upon tn
ming OF snch application, plat, Held notes. nc
tices and aflidavits, shall publish o notice tina
such application has been made for the perio
Of sixty days, in newspaper to be by him desia
mated as published nearest to said claim; and Ii
shall also post such notice in his Office for tn
same period. The claim at the time Of film
this application. or at any time thereafter will
in the sixty days of publication, shall file wit
the register certificate of the United State
Surveyor General that five hundred dolla,
worth of labor has been expended or improv,
nlents made upon the claim by himself or graz
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
file his affidavit, showing that the plat and N
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 and-offi,
at the expiration Of the sixty days Of publicatio
1t shall be assumed that the applicant is entitle
to patent, upon the payment to the proper o
hcer Of five dollars per acre, and that no adyer
claim exists; and thereafter no objection fro
third parties to the issuance of patent shall
heard, except it be shown that the applicant h,
failed to comply with this act.
SEC. Z. That where an adverse claim shall
fled duriDp the perioi of notification eba,1 ,