Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-17
DAILY RECORD
MINING LAW.
Laws OF Congress Governing the Local
ton, Holding and Working of
Miniag Claims Upon the Public
Domain.

Miniag Claims Upon the Public
Domain.
Below will be found AZ abstract Of tn. Mining
Laws Of the United States, as passed by Con-
srress and approved May 10. 1874. These are the
last, and hence the only mining laws Of general
interest and force, with tine single exception of
portion of section g. 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 5, SO that claim located prior to May 10,
ls72 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
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 so far as
the same are applicable and not inconsistent
with the laws Of the United States.
SEC 2. That mining claims upon veins or
lodes Of quartz or other rock in place bearing
gold silver cinnabsr, 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 dA'6of 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 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-fve 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-
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, so long as they comply with the
laws of the United States, and the State, Terri
toral and local regulations not in conflict with
said laws of the United States governing their
possesGory 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 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 SO
far depart from a 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
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
SEC L. That where tunnel is run for the
development OF q vein or lode, or for the discov-
cry of mines 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
90 exist, discovered in such tunnel, TO the same
extent as if discovered from the surface; and
locations on the line of such tunnel of veins or
loies 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 ss an abandon
ment Of the right to all undiscovered veins on
the line OF said tunnel.
SEC. 5. That the miners of each mining dis
trict may make rules and regulations not in
met with the laws of the United States, or with
the laws Of the State or Territory in which the
district is situated governing the location, man.
her Of recording, amount Of work necessary &c
hold possession of mining claim, subject &
the following requirements: Location must bl
distinctly marked on the ground so that it,
boundaries can be readily traced. All records o
mining claims hereafter made shall contain tn,
name or names Of the l0cators, date OF the lOca
ton, and such description Of the claim o.
claims located by referenence to some natura
object or permanent monument as will identif.
n1rf flVt la4hss Lei tod a y.
sage Of this act, and until patent shall hav,
been issued therefor, no less than one hundred
dollars worth OF labor shall be performed or i'm
provements made during each year. On al
claim. located prior to the passage Of Thu
gct ten dollars worth Of labor shall
he performed improvements mad
each year for each one hundred fee
in length along the vein until patent shal
have been issued therefor; butwhere such claim
are held in common, such expenditure may b
made upon any one claim; and upon a failure q
comply with these conditions, the claim or min
upon which such failure occurred shall be upe1
10 relocation in the same manner as II 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 failur
and before such location. Upon the failure Q
any one Of several co-Owneis to contribute hi
portion of the expenditures required by this aC
the co-owners who have performed the labor q
made the improvements may, at the expiratio
OF the year, give such delinquent coowner pei
sOnAl notice in writing notice by pubhcatiO
in the newspaper published nearest the CLAIM
for at least once a week for ninety days, and if
the expiration of ninety days after such notice i
writing or by publication such delinquent shout
fail or refuse to contribute his proportion
comply with this act, his interest in the clail
shall become the property of his cO-owners VII
have made the required expenditures.
SEC. c. That patent for any land elaine
and located for valuable deposits may be oil
t.fr in hn D1 inc ma ny nTF.
association or corporation authorized to locate
claim under this act, having claimed and locate
piece Of land for such purposes, who has,
have, complied with the terms Of this act, ms
nle in the proper land-office an application for
patent under oath, showing such complianc
together with plat and ield.notes of the ela
or claims in common, made by or under the d
rection of the United States Surveyor Genera
showing accurately the boundaries Of the Cla
" claims, which shall be distinctly marked |
monuments on ths ground, and shall post COZ
OF such plat, together with notice Of sue
application for patent, in conspic
GUS place on the land embraced in such plat pr
yious to the filing of the application for a pa
ent, and shall file an affidavit of al least tv
persons that such notice has been duly posted
aforesaid. and shall file copy OF said notice
such land. office. and shall thereupon be entitlC
to n patent for said land, in the manner folloN
ing; The register Of the land-ofice, upon Il
filing of such application, plat, held-notes, IL
tices and atfidavits, shall publish notice TIL
sacn application has Deen 1naue Tor the perlC
Of sixty days, in a newspaper to be by him desi
mated as published nearest to said claim; and /
shall also pos. such notice in his office for Il
same period, The claim at the time of nlir
this application. or at any time thereafter, wit
in the sixty days of publication, shall file Wi
the register certificate of the United Stat
Sarveyor General that FIVE hundred dolla
worth Of labor has been expended or improy
ments made upon the claim by himself or gra
tors; that the plat is correct, with such furth
description by such reference to natural objeC
or permanent monuments as shall identify t
claim, and furnish an accurate 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 L
tice have been posted in conspicuous place
the claim during said period Of publication.
no adverse claim shall have been filed with I
register and the receiver of the proper land-oni
at the expiration Of the sixty days of publicati
it shall be assumed that the applicant is entitl
to apatent, upon the payment to the proper
aser Of I'VE dollars per acre. and that no adver
claim exists: and thereafter no objection frc
third parties to the issuance of patent shall