The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-07-13

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face be6ndaries, the location beyond such
point Is 'defeasib!e, if not void.'
"Or If the vein is not found along the cen.
ter of location, l~engthwise, so. that the dis
lance by either side line IS greater than half
of the width, the excess cannot be held by
the locator.
"The vein is the basis of location, and the
surface ground is only incidental. Notwith-
standing the location certificate claims the
lode along the vein thereof, with all its dips,
variations and angles. such angles or varia-
ions as take the vein outside the lines cannot
be followed. But on the ''dip" of the vein,
/. e., its departure from the perpendicular in
its downward course, the claimant may 60
outside of his side lines, provided that he has
the top or apex of the vein within his bound
aries.
"The first requisite of a valid mining claim
is the discovery of mineral Sin place. and
until that is done a claimant has NO security
in his possession. Mineral in place means
that which is found in the place where first
deposited, as distinguished from float or
such as has been detached from its native
place. The latter can be made the basis of a
placer claim only.
"Where land is of such a character that it
can be taken up either as a lode, or as placer
ground, 1t cannot be taken as a placer so as to
include a vein or lode, the existence Of which
is known to the claimant. To do SO would
be a fraud on the government, since a placer
embraces a territory twice larger than Il lode
claim and may be had for half the price per
acre.
"tDiscovcry alone gives title for the time
allowed by law for the completion of loca-
ton and record and after location and record
have been made the title still relates back to
the time of discovery
90 Colorado, page 300.
$50 that a title of the latter re cord may be
better than one of earlier date, where the for
mer has the first discovery.
"Patterson vs.. Hitchcock, 5 Colorado, 53S.
"For this reason it is advisable to have the
date of discovery expressed in the location
certificate. But such i~nceptive title may be
lost by failure to make location and record in
proper time and an intervening location and
record.
"The actual possession of any part of the
public lands gives good title to the possessor
as against a mere tEespasser: that is, one who
has not a better right. But such possession
embraces only such as is actually occupied,
not necessarily the entire area of a mining
claim. Abandonment is a question of inten-
ton to be proved by the relocator.
"a neglect to 90 annual labor as required
by law, leaves a claim open to relocation.
But neglect to do the annual labor, does
not work a forfeiture of the claim, unless at-
ter such neglect and before the original loca-
tor has resumed work, another has located the
claim. and after re-entry of the first locator,
the title relates back to the first location.
"Bul if the first locator finds another in
possession, who is making or about to make a
location, such re-entry is not sufficient to dis
posses the latter in order to reinstate the for
mer, but he must finish the annual labor for
that year before the location of the other shall
be completed (see MOrrison's Mining Rights,
page co.
"There is some difference of opinion as to
when the annual labor shall he performed.
"The law says that, not less than one hun
dred dollars worth of labor shall be perform.
ed or Improvements made during each year.
and the general Interpretation has been that
the annual period dates from the time of the
location, but it has been decided recently by
the Land Department., that the assessment
work is to be done during the calendar year
i. e., from January to January, so that the
safe way would be to follow that course,
The work expended in making the location
counts as part of the first annual labor. After
entry of application for patent, no annual
labor is required, since the patent, when
issued, relates back to the date of entry.
"The miners title is not d vested right,
prior to the obtaining of a patent-that is
no estate exists in him, except such as may
be revoked by the government. The rea>on
is, that nothing is paid for mineral lands I'M
til application for a patent is made, and it is
not to be presumed that the United States
has parted with its title without considcra-
ton. 1t follows that mining claims should
not be conveyed by warranty deed without a
saving clause against the United States. 1t
is not probable, however, that any material
changes will be made with respect to past
locations.
"Such a course, though constitutional,
would be very unwise and oppressive, besides
being a fruitful source OF confusion and Iii,
CATION.
"Nut for the sake Of security, and to dis,
pose of all conflicting claims, it is always adj.
visablc, where the claim is valuable, 70 PRO.
cure a patent as soon as practicable. The
Land Department issues a patent to the first
applicant, without regard to priority of l0ca,
ton, where no adverse claim has been flee
within the period of puhiication.'
CHARLES :. WILSON.
Wus VA III H,ya