Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-17
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain,

last, and hence the only mining laws of general
interest and force, with the single exception of
portion of section s, in reference to the reloca-
ton OF claims and 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 sec
ton s. SO 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 1t 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 unsurveyed, are hereby de-
elared 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 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, far as
the same are applicable and not inconsistent
with the laws 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 as to length along the vein or lode by
the customs, regulations, and laws in force at
the date 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 a 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 to less than TWEEN. !
ty-tve 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. 3. 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
sage 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
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
ly, although such veins, lodes or lodges may
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 as lie between vertical planes t
drawn downward as aforesaid, through the end c
lines of their locations so continued in their Il
own direction that such planes will intersect Ii
such exterior parts Of said veins or lodges And st
provided further. that nothing in this section IN
shall authorize the locator possessor Of vein az
or lode which extends in its downward course n
beyond the vertical lines Of his claim to enter US
upon the surface of n claim owned or possessed pc
by another HI
SIC 4. That where a tunnel is run for the cit
development OF a vein or lode for the discov- pa
cry of mines, the owners Of such tunnel shall loo
have the right Of possession Of all veins or Odes
within three thousand feet from the face of such ella
IN he not mr. Y
10 exist discovered in such tunnel, to the Of
extent as if discovered from the surface and wi
locations the line Of such tuA FL of veins loo
lOdes not appearing on the surface made by thl
other parties after the commencement of the Of
tunnel, and while the same il being prosecuted SUI
with reasonable diligence, shall be invalid; but phi
failure to prosecute the work on the tunnel for COZ
six months shall be considered as abandon cli
ment of the right to all undiscovered veins SCI
the line of said tunnel. eX
SEC, 5. That the miners Of each mining dis ku
trCt may make rules and regulations not in con- al
hict with the laws of the United States, with tn
the laws of the State or Territory in which the
district is situated, governing the location, man
ner of recording, amount of work necessary to &C
hold possession of u mining claim, subject to 81
the following requirements: Location must he V
distinctly marked on the ground that its 0
boundaries can he readily traced. All records of
mining claims hereafter made shall contain the I
name names OF the lOcators, date of the loca- t
tion, and such description of the claim or t
claims located by reicrencnce to some natural t
object or permanent monument as VIII identity I
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 inn
provements made during each year. On all
claims located prior to the passage of this
act ten dollars worth of labor shall
be performed or improvements made
each year for each one hundred feet
in length along the vein until patent shall
have been issued therefor; but where such claims
are held in common, such expenditure may be |
made upon any one claim; and upon failure to /
comply with these conditions, the claim or mine |
upon which such failure occurred shall he 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 failure
and before such location. Upon the failure of
any one of several co-owners to contribute his
portion of the expenditures required by this act,
the co-owners who have performed the labor or
made the improvements may, at the expiration
of the year, give such delinquent co.owner per-
sonal notice iii writing or notice by publication
in the newspaper published nearest the claim
for at least once week for ninety days and If at
the expiration of ninety days after such notice in
writing or by publication such delinquent should
fail or refuse to contribute his proportion to
comply with this act, his interest in the claim
shall become the property of his co-owners who
have made the required expenditures.
SEC. 6. That patent for any land claimed
and located for valuable deposits may be OBJ
tanned in the following manner: Any person,
association or corporation authorized to locate
claim under this act, having claimed and located
piece OF land for such purposes, who has, or
have complied with the terms OF this act, may
file in the proper land-oilice an application for
patent, under oath, showing such compliance,
together with plat and held-notes OF the claim
claims in common, made by or under the d.
rection of the United States Surveyor General,
showing accurately the boundaries of the claim
or claims, which shall be distinctly marked by
monuments on the ground, and shall post copy
of such plat, together with notice of such
application for patent, in 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 two
persons that such notice has been duly posted as
aforesaid, and shall file copy Of said notice in
such land-ofhce. and shall taereupon be entitled
to patent for said land, in the manner follow
ing: The register Of the land office, upon the
filing of such application plat feld-notes, no.
tees and afidavits, shall publish notice that
such application has been made for the period
of sixty days, in a newspaper to be by him desig.
mated as published nearest to said claim; and he
shall also post such notice in his Office for the
same period. The claim at the time of filing
this application, or at any time thereafter, with
in the sixty days of publication, shall file with
the register certificate of the United States
Surveyor General that five hundred dollars
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 further
description by such reference to natural objects
or permanent monuments as shall identity the
claihi ana furnish an accurate description, TO Dt
incorporated in the patent AT the expiration OF
the sixty days OF publication the claimant shall
file his affidavit, showing that the plat and no.
tce have been posted In conspicuous place on
the claim during said period Of publication. II
no adverse claim shall have been filed with the
register and the receiver Of the proper land-ofce
at the expiration Of the sixty days of publication
IL shall be assumed that the applicant is entitled
to patent, upon the payment to the proper Of
ncer Of nve dollars per acre, and that no adverse
claim exists and thereafter no objection from
third parties to the issuance of patent shall be
heard. except it be shown that the applicant has
failed to comply with this act.
SEC. T. That where an adverse claim shall be
filed during the period of publication, 1t shall be
upon oath Of the person or persons making the
same, and shall show the nature, boundaries,
and extent Of such adverse claim, and all pro-
ceedings, except the publication Of notice and
making and filing Of the affidavit thereof, shall
be stayed until the controversy shall have been
settled or decided by court Of competent juris-
diction, or the adverse claim waived. 1t shall
be the duty of the adverse claimant, within
thirty days after filing his claim, to commence
proceedings in court of competent Jurisdiction
to determine the question of the right of possess
sion, and prosecute the same with reasonable
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