Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-07
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working Of
Mining Claims Upon the Public
Domain.


Mining Claim. Upon the Public
Domain.
Below will be found A. abstract o. tbs Mining
Laws Of the United States. as passed by Con
sress and approved May 10. is72. These are the
last; and hence the only mining laws Of general
interest and force. with the single exception OF q
portion Of section :, in reference TO the reloca-
lion Of claim. and mines located prior to the
passage Of the general mining ,lw The Aei
amending the section alluded 10 will also lie
found. following the general law modifying sec
lion S. 50 that a claim located prior to May 10,
lsT2, is not subject to relocation until June 10,
1874
AN ACT 10 promote the development Il the
Mining resources of the United States
Be it enacted by the Senate and House of Rep
resentative. 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 to be free and open to exploration and
purchase, and the lands in which they
ars found TO occupation and purchase
10y citizens Of the United States and
those who have declared there intention to b.
come such. under regulations prescribed by law,
and according TO the locsl customs or rules Of
miners, in the several mining districts, 80 far as
the same ara apple BILE and not inconsistent
with the laws ofthe United States.
SEC. 2. That mining claims upon veins or
lodes OF quartz or other rock in place bearing
gold silver, cnnabar, Lad, tin, copper, or other
valuable deposits heretofore located, shall BE-
governed as to length along the vein Or lode by
tho customs, regulations, and laws in force at
the do 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 b. 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 esch 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.
tyhye 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. .. That the locaturs of all mining locA-
lions heretofore made. or which shall hereafter
he 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 40 they comply with the
laws Of the Unipd States, and the State, Terri.
toral and local regulations not in conflict with
said laws OF the United States governing their
possescory 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
lGptl, the Top OF apex OF WHICH lies llsllt OF
such surface-lines extended downward vertical.
ly, although such veins, lodes or lodges may SO
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 aforesaid, through the md
lines Of their locations, 50 continued in theil
own direction that such planes will intersec
.t.. Of o. l.lgr.
provided further. that nothing in this section
shall authorize the locator or possessor of weir
or lode which extends in its downward cours,
beyond the vertical lines Of his claim to entei
upon the surface Of claim owned or possessed
by another
SEC. L. That where a tunnel is run for tn,
development OF a 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 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 SAM
extent II discovered from the surface; anC
locations on the line Of such tunnel Of veins o
lodes not appearing on the surface, made b!
other parties after the commencement Of IN
tunnel and while the same is being prosecuted
with reasonable diligence, shall be invalid bu
failure to prosecute the work on the tunnel TO
six months shall be considered as an abandon
ment of the right TO all undiscovered veins OF
the line of said tunnel.
SEC. g. That the miners Of each mining dis
trct may make rules and regulations not in con
fict 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
ner OF recording, amount OF work necessary
hold possession of a mining claim, subject I
the following requirements; Location must
distinctly marked on the ground that 4
boundaries can be readily traced. All records
mining claims hereafter made shall contain I'll
name names of the locators, date Of the loci
ton, and such u description of the claim
claims located by referenence to some natur;
object or permanent monument as will identif
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 hundre
dollars worth OF labor shall be performed or in
provemerts made during each year On a
claims located prior TO the passage of tn
act, ten dollars worth of labor sha
each year for each one hundred te
in length along the vein until patent shs
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 be OPP,
to relocation in the same manner as il no loo
ton of the same had ever been made: Provide
That the original locators, their HEN
assigns, or legal representatives, have not ]
sumed work upon the claim after such failu
and before such location. Upon the failure
any one Of several co-owners to contribute
portion of the expenditures required by this al
the co-owners who have performed the labor
made the improvements may, at the sxpirati
of the year, give such delinquent co owner p,
sonal notice in writing or notice by publicat
in the newspaper published nearest the clail
for at least once a week for ninety days, and If
the expiration of ninety days after such notice
writing or by 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 W
have made the required expenditures.
SIC. G. That patent for any land claim
and located for valuable deposits may be c
tanned in the following manner; Any perso
association or corporation authorized to locat,
claim under this act having claimed and locat
piece of land for such purposes, who has,
have, complied with the terms of this act, IN
Tile in the proper land-ofice an application fol
patent, under oath, showing such compliant
together with plat and feld-nOtes of the cla
or claims in common, made by or under the
rection of the United States Surveyor Gener
showing accurately the boundaries of the clai
or clains, which shall be distinctly marked
monuments on the ground, and shall post CO.
of such plat, together with n notice of SUI
application for patent, in conspc
GUS place on the land embraced in such plat pi
vious to the filing of the application for p,
snt, and shall file an affidavit of at least tS
persons that such notice has been duly posted
aforesaid, and shall file copy of said notice
such land-otiice, and shall thereupon be entitl
ing: The register of the land-ofice, upon L
filing of such application. plat, field notes, L
ticns and afhdavits, shall publish notice tn
such application has been made. for the peri
of sixty days, in a newspaper to be by him des
mated as published nearest to said claim; and
shall also post such notice in his Office for &
same period. The claim at the time of fill
this application, or at any time thereafter, wit
in the sixty days Of publication shall file wi
the register q certificate of the United Stat
Surveyor General that Ave hundred dolla
worth of labor has been expended or impro,
ments made upon the claim by himself or gra
tors: that the plat is correct, with such furtf
description by such reference to natural obje,
or permanent monuments shall identify {
claim, and furnish aceurate description, to
Incorporated in the patent. AT the expiration
the sixty days Of publication the claimant sh
file his affidavit. showing that the plat and
tice have been posted in a conspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with t
register and the receiver of the proper ad-off
at the expiration Of the sixty days Of publicati
it shall be assumed that the applicant is entitl
to patent, upon the payment to the proper
hrar NJ 20 lnl lara MAJ arra and hat aI,,,,