The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1880-02-28
IMPORTANT MINING DECISION.
How TO Get a Valid Tito to Mining
ClaimR.

nIllllVII HI IN "
from The fourth district made n very
imnortant rplinu and one that will 90
far toward settling n much disputed
mint "a 70 the riobts of prospectors
before and after mineral bearing rock
in p,ace "a discovered.
From this rplinu which was em-
hraced in the ipdge,s charge to the
iprv 4, the above entitled cause. IL an
,,e,r. I'm, the d;scoverv of mineral
does not give 70 the finder a valid title
~ bis claim as some have maintained.
and ,bat al, prosnectors ppon a claim
ar. alike entitled TO protection in their
right. MS prospectors to "actual Dos
session until some one of them shall
discover mineral in place, or mineral
bearing rock I'm place.,n This is i'm
portapt In view of the m prac-
tice in this camp of filing upon claims
upon ASSAYS Of three 10 ten ounces.
which NAV easily be obtained from
.smineraI-bearinp rockn hat is not sin
place.p On this poipt the court is very
clear. 1t " ANY citizen Of the
United States has a right to 90 upon
any OF the unappropriated public do
main of the United States to prospect
for veins, lodes, lodges, or deposits Of
mineral-bearing rock in place; but by
SO doing no rights accrue to such pros
pector, save and except his right to be
protected in his actual possession
until such time as he shall discover his
vein, lode, ledge, or deposit of mineral
bearing rock in place, and sinks a dis
covery shaft not less than ten feet from
the lowest part OF the vein thereof at
the surface, or cuts and exposes such
vein, lode, ledge or deposit not less than
ten feet below the surface by an adit,
cross cut or open cut, after which he
NAV erect his sign or notice on the sur
face at the point OF discovery, contain
ing the name of the location and the
date of discovery of such mineral in
place; and may mark the surface boun-
daries Of his claim by six substantial
posts set in the ground, one ut each
corner and one at the center of each
side boundary line of his claim, said
posts TO be hewn or marked on the sides
toward his claim, and may file for
record. with the recorder of deeds for
the county in which his claim is stu
ated, his certificate Of location. Hav-
ing done all of which, he becomes en-
titled 10 be protected in the possession
of the whole of his claim, his right
thereto dating from the time of the dis
coyery of his lode, ledge, vein, or de-
post of mineral bearing rock In place,
or as set out in his said notice. posted
at the point of discovery"
Where several persons are prospect
ing In the same vicinity, the rights of
each, anterior to the discovery OF min
eral in place, or mineral bearing rock
in place, are also explicitly defined by
the court. 1t says: Each has the
same light to protection of his shaft as
the other, until such time us one SC dis
covers his mineral and locates his claim,
and may recover for any damages done
to his possession by any other Of such
~prospectors or other PERSONS; and when
he so makes his discovery and locates
his claim; the rights of all other per-
SOM prospecting within the lines OF his
claim, who have not SO made prior dis
covery of mineral bearing rock in place,
cease. If, however, one sustains dam
ages to his possession from persons
prospecting in his vicinity, and before
such discovery of mineral bearing rock
in place, by any one thereof, he may re-
cover, aud this too without reference to
which of said prospectors is the first
afterwards to make such discovery, even
though such discovery may be followed
up by another, by II location and record,
including the possession 50 damaged
: Another important feature of the
charge is that referring to the second
discovery of mineral within the bound
aries Of the first claim, upon which
=. III. 49,. ,o, ,a,os,. 90
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