Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1877-08-28
that distance. So much of the ledge
he was permitted to hold for the work.

he was permitted to hold for the work.
ing Of his vein as could be measured
in It's width any where by the feet on
the surface. II this were not so. he
might by the bend of his vein hold un.
der the surface along the course Of the
ledge double and treble the amount he
could take On the surface. Indeed. in
stead of being limited by the number
of feet prescribed by the rules. he
might in some cases Gust all his neigh.
bors, and take the whole ledge. No
construction Ii permissible which
would substantially defeat the limita-
ton of quantity on q ledge which was
the most important provision in the
whole system of rules.
Similar rules have been adopted i'm
numerous mining districts, and the
construction thus given has been uni
formly and everywhere followed. We
are confident that no other construc-
ton has ever been adopted In any
mining district in California or Nevada.
And the construction Is one which the
law would require i'm the absence Of
any construction by miners. II, for
instance. the State were to day to deed
a block in the city of San Francisco to
twenty persons, each To take twenty
feet front, in a certain specified scuces-
rion, each would have assigned to him
by the law, q section parallel with that
of his neighbor, Of twenty feet In
width cut through the block. No
other mode OF division would carry
out the grant.
The act of 1865 In no respect enlarges
the right of the claimant beyond that
which the rules Of the mining district
gave him. The patent which, the act
allows him to obtain does not author
IKE him TO go outside Of the end lines
OF his claim, drawn down vertically
through the ledge or lode. Itonly an
thorizes him 20 follow his vein with its
dips, angles and variations, to any
depth, although 1t may enter land ad-
Joining: that Is, land lying beyond the
area included within his surface lines.
1t IL land lying on the side Of the
claim, not on the ends OF 1t, which may
lie entered. The land on the ends Is
reserved for other claimants to explore.
II Is hue, as stated by the defendant.
that tie surfaces land taken up In con-
nection with . linear location on the
ledge or lode Is, under the act of 1866,
intended solely for the convenient
working of the mine, snd does not
measure the miners right, either TO
the linear feet upon its course, or 10
follow the dips. angles aud variations Of
the vein. or control the direction he
shall take. But the line OF location
taken does the extent Of
ibs miners right. That must be along
the general course or strike, a. 1t II
termed, OF the ledge or lode. Lines
drawn vertically down at right angles
with . line representing this general
purse at the ends Of the claimants
line Of location, will carve out, so to
speak, q section Of the ledge or lode.
within which he IL permitted to work,
and out OF which he ann pass.
As The act OF 1866 requires the ap-
plIcsnt for a patent IN file In the local
office a diagram of his claim, such dia-
grain mast necessarily present some
thing more han the mere linear loca.
ton. 1t IL intended that 1t should
embrace the surface claimed. for the
working of the mine. In this way the
patent Of the Richmond claim en-
braces three acres and a fraction of an
acre of surface ground, and five hun
dred and a half of linear feet on The
lode. Aud the patent Of the Tip Top
embraces nearly four acres of surface
ground and six hundred linear feet on
the lode.
The Act Of 1872, preserves to the
miner the rights acquired under the
Act of 1866, and confers upon him ad-
iitional rights. Under the Act of 1866,
lie could only hold one lode. or vein,
although more than one appeared
within the lines of his surface location.
The surface ground WAS allowed him
for the convenient working OF the
lode or vein located and Tor no other
- x4psrxN an r,,lt IN
other lode or vein. But the Act OF
1872, alters the law in this respect; IL
grants to him the exclusive right of
possession to a quantity Of surface
ground not exceeding . specified
amount, and not only the particular
lode or vein located, but all other
veins. lodes and lodges, the top or
apex Of which lies within the surface
lines of his location, with the right Ia
follow such veins, lodes or lodges, to
any depth. But these additional
rights are granted subject to
the Limitation that In following
the veins, lOdes or lodges,
the miner shall be confined to
such portions thereof, as lie between
vertical planes drawn downward
through the end lines of his location,
and . further limitation upon his right
in cases where two or more veins in
tersect or CROSS each other. The act In
terms these conditions to the
possession. not only of claims, subse-
quently located, but to the possession
Ut those previously located. This
fact taken in connection with
the reservation OF all rights
acquired under the Act Of 1866,
indicates that in the opinion of the
Legislature, nc change was made In
the rights Of previous locators by
combining their claims within the end
lines. The Act simply recognized .
pre-sxisting rule, applied by miners
TO a single vein or lode Of the locator,
aud made II applicable to all veins or
lodes found within the surface lines.
Our opinion, therefore, is that both the de-
PENDANT and the plaintiff, by virtue Of their
respective patents. whether issued upon To-
cations under the Act Of 1864. OF under the
Act Of 1872, could OILY follow the veins Or
lodss lying within lines drawn vertically
downward at the end Of their respective 10
eations. and that each took the ores found in
all veins or lodss the apex or top Of which
Law within those lines.
Tho question Of priority of l~ocatioa is
therefore. rs already stated. Of no practical
m noytanc in thu eNsa- This uuasfton can