Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-19
DAILY RECORD
MINING Law.
Laws Of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Pebble
Domain.

LAWS OF the United states, - passed by 1Ol-
gre.s and approved Msy 10. ls72. These are the
LIST, and hence the only mining laws 0, general
interest ana rec, with tine single exception Of
portion Of section 5. in reference to the relocs-
ton Of claims k1i 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 ssc-
ton s, 50 that 4 claim located prior to May 10,
1874. IS not subject to relocation until June TO-
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
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 unsuryeyed, are hereby de
elsred 10 be free and open to exploration and
purchase, and the lands in which they
by citizens Of the United States and
those who have declared there intention 10 be
come such. under regulations prescribed by law
and according 10 the locsl customs or rules Of
miners in the several mining districts, 50 far as
the same are spplic Die and not Inconsistent
with the laws ofthe United States.
SEC. q That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold silver cinn.bar, lead, tin, copper, or other
valuable deposits heretofore located, shall he
governed as to length along the vein OF lode by
the customs, regulations, and laws in force st
the d. of their location. A 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
vein at the surface, nor shall any claim be linn
tied by any mining regulation 10 less than TWEEN
tyfve 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 end-lines Of each
claim shall be parallel to each other.
SEC. 8. That the locators Of all mining locs-
tons 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, 20 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
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-lines extended downward vertical
~, although such veins, lodes or lodges may so
far depart from perpendicular III 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, 50 continued in their
own direction that such planes will ineTsect
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 or possessed
by another.
N1,,t f1 sc wa, fN.tI No
development OF a vein or lode, or for the discov-
cry of mi res the owners Of such tunnel shall
have the right Of possession Of all veins 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 ii discovered from the surface and
locations on the limo 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 IS an abandon.
ment Of the right to all undiscovered veins on
the line OF sGid tunnel
SEC. 5. That the miners Of each mining dis
trict may make rules and regulations not in con
hict with the laws of the United States. or witt
the laws OF the State or Territory in which tn,
district is situated governing the location, man
ner of recording, amount Of work necessary Z
hold possession ot mining claim, subject I
the following requirements: Location must b
distinctly marked on the ground so tlut II
boundaries can be readily traced, All records {
mining claims hereafter made shall contain III
name or names Of the locators. date Of the loc'
tlon, and such q description of the claim e
claims located by referenence to some NATURE
object or permanent monument a. will dentif
the claim. On each claim located after the pa,
sage OF this act, and until a patent shall hay
been issued therefor, no less than one hundre
dollars worth OF labor shall be performed or in
provements made during each year. On al
claims located prior 10 the passage of thi
act, ten dollars worth of labor sha
10 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 I
comply with these conditions, the claim or min
upon which such failure occurred shall be ope
to relocation III the same manner as If no loo,
ton Of the same had ever been made Provide,
That the original locators, their heir
assigns, or legal representatives, have not r.
suned work upon the claim after such failul
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 the expirato
Of the year give such delinquent co owner pc
sonal notice in writing or notice by publicato
in the newspaper published nearest tine clain
for at least once a week for ninety days, and if
the expiration of ninety days after such notice
wEltluR OF DN SuCU ueilUtlUbllt
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.
SEC. 6. That patent for any land elaine
and located for valuable deposits may be o.
tanned In the following manner Any persol
association or corporation authorized to locate
claim under this act, having claimed and locate
a piece Of land for such purposes, who has,
have, complied with the terms of this act, III,
file in the proper land-office an application for
patent, under oath, showing such cOmplianc
together with plat and held.notes of the cla
or claims in common, made by or under the
rection 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 COP
Of such plat, together with a notice Of sue
application for a patent, in O conspicl
Gus place on the land embraced in such plat pr
vtOus to the filing Of the application for q pa
ent, and shall file an affidavit Of at least tw
persons that such notice has been duly posted
aforesaid, snd shall file copy of said notice
such land-ofiice, and shall tHereupon be entitle
to patent for said land, in the manner follow
ing: The register of the land-ofiice, upon I'll
filing Of such application, plat, held-notes, NJ
tees and aifidavits, shall publish n notice tbs
such application has been made, for the perio
Of sixty days, in newspaper to be by him desil
mated as published nearest to said claim; and /
shall also post such notice in his Office for I'll
same period The claim at the time of film
in the sixty days Of publication, shall file wit
the register certificate of the United Stat,
Surveyor General that FIVE hundred dollal
worth Of labor has been expended or improv
ments 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
t!ce have been posted in conspicuous place {
the claim during said period OF publication.
no adverse claim shall have been filed with II
register and the receiver of the proper land-off,
at the expiration Of the sixty days Of publicatio
It shall be assumed that the applicant is entitle
to a patent, upon the payment to the proper o
hcer 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 /
hled during the period of publication, 1t shall /
upon oath Of the person or persons making Il
same, and shall show tho nature, boundarie
and extent of such adverse claim, and all pr
eeedngs. except the publication Of notice an
making and filing Of the affidavit thereof, sha
lao ta1 rptiI fha abo1I bav ha.