Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-15
DAILY RECORD
MINING LAW.
Laws Of Congress Governing the Local
ton, Holding and Working of
Mining Claims Upon the Public
Domain.

eress and approved May 10, lsT2. These are the
last, and hence the only mining laws o. general
interest and force, with tine single exception Of
portion Of section 5. in reference to the reloea-
ton Of claims and mines located prior 10 the
passage Of the grneral mining Jaw. The Act
amending the section alluded to will also BE-
found. following the general Law modifying see
ton 8. SO that claim located prior to May 10,
lsTa, Is not subject to relocation until June 10.
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
r~sentstiyes 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 b. 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 b.
come such, under regulations prescribed by law.
and according to the local customs or rules OF
miners in thu several mining districts SO far as
the same are apple bic and not inconsistent
with the laws ofthe United States.
SEC ?. That mining claims upon veins or
lodes Of Quartz or other rock in place bearing
gold. silver cinnFbar lead, tin, copper, or other
valuable deposits heretofore located, shall be
governed ss to length along the vein or lode by
the customs, regulations, and laws in force at
the a sof theirloc2tion. A mining claim located
after the passage Of this ast whether located by
one or more persons, may equal, but shall not
exceed one Thousand five hundred fest in length
along the vein or lode; but no location Of min
ing claim shall be made until the discovery Of
the vsin 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 lin
tied by any mining regulation TO less than TWEEN
tytive feet on each side Of the middle OF the vein
at the surface, except where adverse rights exist
ing at ths passage Of this act shall r6uisr such
Limitation necessary. The end-lines Ct each
claim shall be parallel to each other.
Sec. 5 That the locators Of all mining loca-
tons heretofore made, or which shall hereafter
6e 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 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
clsded within the lines Of their locations and Of
oil 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
IGr 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 as aforesaid, through the end
lines OF their locations, so 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
OF lode which extends in its downward course
beyond the vertical lines Of his claim to snter
upon the surface OF a claim owned or pOssg sscd
by another.
SEC l. That whore tunnel is rpp for the
development OF a vein or lode, or for the disCOv-
cry Of miges 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
10 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
Iodes not appearing on the surface, made by
other parties after the commencement Of the
tunnal, and while the same is being prosecuted
with reasonable diligence, shall be invalid but
failure to prosecute the work on the tunnel for
six msnths shall be considered as an abandon
ment Of the right to all undiscovered veins on
the line Of said tunnel.
SEC s. That the miners of each mining dis.
trct may make rules and regulations not in con.
fict with the laws Of tho United States or with
the laws OF the State or Territory in which The
district il situated, governing the location, man
ner of recording, amount Of work necessary t
hold possession of a mining claim, subject Il
lne lOllDWlnB requirements. lOCAtlOn must b
distinctly marked on the ground that it
boundaries can be readily traced. All records q
mining claims hereafter made shall contain tn
name or names Of the locators, date Of the locu
ton, and such description Of the claim o
claims located by referenence to some natrra
object or permanent monument az will identif
the claim. On each claim located after the pas
sage Of this act, and until q patent shall hav
been issued therefor, no less than one hundred
dollars worth OF labor shall be performed or ina
ar.V MAJ inu oh On al
claims located prior to the passage of thi
act, ten dollars worth of labor shal
be performed or improvements mad
each year for each one hundred fee
in length along the vein until patent shall
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 opol
TO relocation IN the same manner as ii no lUCa
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 failur
and before such location. L pon the failure Z
ahy one of several co-owners to contribute hi
portion of the expenditures required by this act
the co-owners who have performed the labor o
made the improvements may, at the expiration
Of tho year, give such delinquent co owner pei
sonal notice in writing or notice by publicatiO
in the newspaper published nearest the claim
for at least once a week for ninety days and if a
the expiration of ninety days after such notice il
writing or by publication such delinquent shoul
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.
SIC. 6. 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 snch purposes, who has, o
have, complied with the terms Of this act ma
ils In the proper landoilice an application for
patent, under oath, showing such compliance
together with plat and field notes of the CLAN
or claims in common, made by or under the di
restion of the United States Surveyor General
showing accurately the boundaries Of the CLAIM
claims, which shall be distinctly marked b
monuments on the ground. and shall post cop,
Of such plat, together with 4 notice of suci
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 TIVE
persons that such notice has been duly posted a
aforesaid, and shall file a copy of said notice IL
such land-othce, and shall thereupon be entitled
TO patent for said land, in the manner follow
ing: The register of the land-office, upon tn,
filing Of such application, plat, field notes, no
tees and afiidavits, shall publish a notice tina
such application has been made, for the period
OF sixty days, in newspaper to be by him desig
mated as published nearest to said claim; and h
same period. The claim at the time of film!
this application, or at any time thereafter, with
in the sixty days of publication, shall file witt
the register certificate of the United State
Surveyor General that Ave hundred dollar
worth Of labor has been expended or improve
mants made upon the claim by himself or gran
tors; that the plat is correct, with such turtle
description by such reference to natural object
or permanent monuments as shall identify tn,
claim, and furnish accurate description to b.
incorporated in the patent. At the expiration O
the sixty days of publication the claimant shall
file his affidavit. showing that the plat and no
tice have been posted in conspicuous place OIL
the claim during said period OF publication. 1
no adverse claim shall have been filed with tn,
register and the receiver of the proper land ofc,
at the expiration of the sixty days Of publication
1t shall be assumed that the applicant ia entitled
to patent, upon the payment to the proper of
heer OF five dollars per acre. and that no advers,
claim exists; and thereafter no objection from
third parties to the issuance of patent shall bt
heard. except it be shown that the applicant ha.
failed to comply with this act.
SEC. 7. That where an adverse claim shall be
filed during the period of publication, 1t shall b,
upon oath Of the person or persons making TIE
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