Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1876-01-09
LAND OFFICE lDECISION.

Register and Receiver. Carson City
Nevada Gentlemen
On the LIST day Of October, 1873,
an application was fled III this office
10 revoke the patent issued to the
South Comstock Gold aud Silver
Mining Company for their claim on
the Comstock mine.
The facts in the case are shown
by the records of this Office to be as
follows, viz:
On the 18th Of May. 1874. the
South Comstock Gold and Silver
Mining Company filed in your of
ace an application for patent for
certain mining premises designated
by the Surveyor General IN his
official plat and survey thereof as
lot So, T, Is. n. Il. 81 f. Monte
Diablo meridian. The notice was
published for the time aud in the
manner prescribed by law. The
notices and diagrams were duly
posted upon the claim and in the
Registers Office in accordance with
the requirements Of the mining act.
No adverse claim of any kind WAS
asserted against said application for
patent, and the Law presumes that
no adverse claims exist uuless the
same are duly flied with the local
officers within the period Of the
publication of notice The apph-
cant bases its title upon a certain
location. recorded ia the Recorders
Office of Storey County, Nevada. on
the 30th of April, 1872 This loca-
ton was made by Richard Mercer
and nine others. each locating two
hundred feet. The notice of loca-
ton reads as follows, viz
" Notice is hereby given that we,
the undersi gned, have located and
claim ten tl0) claims OF two hun
dred 900 feet each on this ledge or
lode of precious bearing metals.
running from this notice IN a south
srly direction 1000 twa thousand
feet. This company shall ice known
rs the South Comstock Gold and
Silver Mining Company, This is a
relocation of the Lady Adams Gem
pany, dated March IS, 1860" Then
follows the names of the loeators
and the number of feet claimed by
each.
On the 18th Of May, 1872, said
company was Incorporated under
the laws Of the State Of California.
and on the following day George
", Rogers, who had purchased the
entire interests of his colocasors,
conveyed said mining claim to said
company. This mining claim is
situated in Devils Gate Mining
District. Storey County, Nevada.
At the date Of this location there
was no Congressional enactment
regulating the widta Of surface
ground which might be taken 10y
Iocators of mining claim.
The act of July %, 1866. under
which this location was made pro-
vides in its first section "that the
mineral lands of the public domain,
both surveyed and unsurveyed. are
hereby declared to be free and open
to exploration and occupation. sub
iect to such regulations as may be
prescribed by law. and subject also
to the local customs and rules of
miners in the several mining dis
tricts so far as the same may no, be
IN conflict with the laws of the
United States"
There was no general law in force
in the state Of Nevada at the date
of the location of this claim regu-
lating the width of surface ground
which might be included in
. location. This being determined
by the local customs of rules OF
miners in the district where the
claim was situated.
The written laws OF the Devils
Gate Mining District are also silent
upon the subject of width Of sur
face ground which locators could
appropriate upon each side of the
lode, leaving this to be determined
by the customs of the miners in this
district.
The second section ef the Devils
Gate laws is Ms follows, viz
" All quartz veins of gold and
silver or other metals. hereafter
located. shall be two hundred feet
On the lead. including ali the dips,
angles or spurs"
There are no other provisions
whatever relating to the quantity
or extent of lode claims. and no pro
vision relating in any way to sur
face ground, except such as are evil
IDENTIFY intended to apply to placer
locations, it is clear. however, that
il was the custom or rule in this