Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-01

Below will he found an abstract of the Mining |
Laws of the United States. as passed by Goa |
gress and approved May 10. 1872. These are the |
last. and hence the only mining laws Of general |
interest and rec. with tne single exception Of
portion Of section s. in reference to the rsIoca-
ton of claims and mines located prior TO the
passage Of the general mining aw. The Act
amending the section alluded TO will also b.
found. following the general law modifying rec
ton 5. 50 that a claim located prior to May 10.
ls12 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
rsaentatiyes Of the United States OF America In
Congress ass. mbled, Thst all valuable mineral
deposits in lands belonging to the United States.
both surveyed and unsurvcyed, are hereby de.
clared TO be free and open TO exploration and
purchase. and the lands in which they
are fund 20 occupation and purchase
by citizens Of the United States and
those who have declared there intention 10 be-
come such, under regulations prescribed by law,
and according TO the local customs or rules of
miners. in the several mining districts so far as
the same are apple bic and not inconsistent
with the laws of the United States.
SIC. 2. That mining claims upon veins or
lodcs OF quartz or other rock in place bearing
gold silver cinnabar, lend, tin. copper, or other
valuable deposits heretofore located, shall he
governed as to length along the vein or lode by
The customs. regulations and laws in force at
the da OF their location. A mining claim located
after the pn slys Of this act, whether located by
one or NOR p rsons. may equal. bnt shall not
exceed on ii sand five hundred feet in length
along the ', 81 lode. but no location OF min
ing claim shall be made until the discovery ui
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
lat, -
tied by any mining regulation to less than TWEEN
ty.five feet on each side OF the middle Of the vein
ut the surface except where adverse rights exist
ing at the passage of this act shall render such
limitation necessary. The endlinCs If e. Ia
claim shall he parallel to each other.
SEC. 3, That the locstors Of all mining locs-
tons heretofore made, or which shall hereafter
he made, any mineral vein, lode, or ledge, sit
uated on the public domain, their heir and as
signs, whtrc 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
poss,ssory title shall have the exclusive right of
possession and enjoyment of all the surface in
Guided within the lines of their locations and Of
all veins lodes, and hedges throughout the entire
depth, the top OF apex OF which lies inside OF
such surisce-iines extended downward vertical
w. although such veins, lodes or lodges may so
far d, part from perpendicular In their course
downward as TO extend outside the vertical side
lines Of said sur ace 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 down~ard as aforesaid through the end
lines Of their locations, 20 continued In their
own direction that such planes will intersect
such exterior parts Of said veiur or lodges: And
provided further, that nothing In this section
shall authorize the lorator or poss. ssor Of vein
or lode which extends IN Its downward course
beyond the vertical lines Of his claim to enter
h.. ri ~ a ri i'm al
by another.
SIC l. That where q tunnel Ia rllr for the
development OF vein or lode OF for the discov
cry Of mi es, the owners OF such tunnel shall
have the right of possession OF all veins or 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 line Of such tunnel Of veins or
lotes 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
fsilur, to prosecute the work on the tunnel for
six months shall be considered ~ I'M abandon
ment Of the right to all undiscovered veins on
the line of sud tunnel.
SEC g. Tn the miners of each mining dis
trict may make rules and regulations not in con
fct with the laws Of tn. United States, or with
the laws OF the State or Territory in which tbs
district is situated, governing the location, man
ner OF recording, amount OF work necessary u
mold POSSESSION nf a mining tihl1ii, huDlett v
the following requirements: Location must b
distinctly marked Oh the ground that II
boundaries can be readily traced. All records o
mining claims hereaft r made shall contain TIN
name or names of the locators date OF the locn
ton, and such a description Of the claim o
claims located by referenence to some atura
object or permanent monument as will identif.
the claim. On each claim located after the pas
sage of this act and until patent shall hav
been issued therefor, no less than one hundre,
dollars worth OF labor shall he performed or i'm
provements made during each year. On al
claims located prior to the passage of thi
act ten dollurs' worth OF labor shHl
be 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
made upon any one claim and upon failure t
comply with these conditions. the claim or min
upon which such failure occurred shall be ope
to relocation in the same manner AZ IL no loo,
ton of the same had ever been made: Provide,
That the original locators, their heir
assigns, or legal representatives,, have not r.
suined work upon tine claim after such fsilul
and before such location. Upon the failure
any one Of several co-owners to contribute b
portion Of the expenditures required by this &c
the co-owners who have performed the labor
made the Improvements may. at the eXpiratic
Of the year give such delinquent co owner pc
soual notice in writing or notice by publicatit
In the newspaper published nearest the clair
u l
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 coowperB vi
have made the required expenditures.
SIC. C. That 4 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 srrh purposes. who has,
have, complied with The terms Of this act. IN
file In the proper land Office an application 10
patent, under oath, showing such complain
together with a plat and field notes of the ella
or claims in common. made by or under the
rection Of the United States Surveyor 6ener
showing accurately the boundaries of the ella
or claims. which shall be distinctly marked
monuments on the ground. and shall post a co
Of such plat. together with notice of su
application for patent In cunspit
GUS place on the land embraced in such plat pl
yious 70 the filing Of the application for p
ent and shall file an affidavit of at least T.
persons tnat such notice has been duly posted
afor, said, and shall file copy of said notice
such land-office, and shall tIereupon I've entitl
to a patent for said land, In the manner folio
ing: The register Of the land-office, upon
filing of such application, plat. field notes,
tices and affidavits, shall publish a notice Il
such application has been made, OR me per,
of sixty days. in q newspaper , Je by him des
mated as ublished nearest to said claim; and
shall also post such notice In his Office for
same period 'clsim ut the time of fill
this application o lat nny time thereafter, wi
IN the sixty days Of publication, shall file W
the register a certificate of the United Sta
Surveyor General that five hundred doll
worth of labor has been expended or impro
ments made upon the claim by himself or gr,
tors: that the plat is correct, with such furtl
description by such reference to natural obje
or permanent monuments as shall identify |
claim. and furnish an accurae description to
incorporated In the patent. At the expiration
the sixty days Of publication the claimant sh
sle his affidavit, showing that the plat and
ice have been posted In conspicuous place
the claim during said period Of publication
no adverse claim shall have been iled with
register and the receiver of the proper andofl
at the expiration Of the sixty days Of publicat
II shall be assumed that the applicant Ia EMIT
to . patent, upon the payment to the proper
hcer OF nve dollars per acre, and that no adve
claim exists; and thereafter no objection fr
third parties to the issuance Of patent shall
heard, excerpt 1t he shown that the applicant
failed to comply with this act.
SEC z That where sn adverse claim shall
fled during the period Of publication. it shall
upon oath Of the person or persons making
same, and shall show the nature, boundari
and extent Of such sdverre claim, and all p
ceedings. except the publication Of notice a
making and filing Of the affidavit thereof, sh