Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-09-22
IMPORTANT MINING DECISION
Points Decided in the United states
Circuit Court.

! frcu Court.
The Act Of Congress OF May 10, 1872,
authorizes a claim TO be located 1 500 feet
in length along the vein, and in the alb
sence Of any local rule or custom, the
width Of such claim may be extended 800
feet on each side Of the middle Of the vein;
but said Act Of Congress, by implication,
authorizes the miner to limit the width Of
such claims to rs feet ON each side of the
middle Of the vein.
No rights can be acquired under the
statute by location before the discovery Of
the vein or lode within the limits of the
claim located.
A location is made valid by the discovery
OF a vein or lode at any time after the To-
cation, provided that such discovery is
made before any rights are acquired in the
same claim by other persons.
A vein or lode authorized to be located
is a seam or assure in the earth's crust,
filled with quartz or some other kind Of
rock in place. filled with gold, silver, or
other valuable mineral deposits named in
the statute. 1t may be very thin, or many
feet thick, or irregular in thickness, and it
may be rich or poor, provided it contains
any OF the metals named in the statute.
But it must be more than detached pieces
OF quartz, or mere punches of quartz not
in place.
A location of q mining claim must be
definitely marked On the ground so that its
boundaries can be readily traced; but the
law does not define or prescribe what kind
OF marks shall be made, or upon what part
Of the ground or claim they shall be
placed. ANY marking on the ground
claimed by stakes, mounds and written
notices, whereby the boundaries can be
readily traced, is sufficient.
The law Of Congress requires no record
OF a mining claim, except in obedience to
valid local rules or customs of miners; but
when such local rules or customs require
a record. it must contain the names Of the
locators, the date of the location, and such
a description Of the claim by reference to
some natural objects or permanent monu-
ments, as will identify the claim; but such
natural objects or permanent monuments
are not required to be on the ground To-
Gated, although they may be; and the nat
ural object may consist Of any fixed nat
ural object; and such permanent monu-
ment may consist Of a prominent post or
stake firmly planted in the ground, or of a
shaft sunk in the ground. II, by reference
to any such natural object or permanent
monument, the claim recorded can be
identified with any reasonable certainty,
the record will be sufficient in this partic-
ular; otherwise not.
Where one person or company owns sew
eral contiguous claims, capable OF being
a~dvantageously worked together, one gen
erai system may be adopted to work such
claims and work done according to such
system for the purpose of prospecting or
working all such contiguous claims, al
though done on only one OF such
claims, or even outside Of all Of them, ia
available TO hold all such contiguous
claims intended to be worked or pros
pected by such general system.
The statute requires 800 worth of work
on each claim located after May 10. 1872,
in each year, and in default thereof, au-
thorizes the Claim to be relocated by other
parties, provided the first locator has not
resumed work upon it. But il the first
locator resumes work at any time after the
expiration Of the year, and before any re-
location is made, he thereby preserves his
claim the statute nowhere authorizes a
trespass upon or a relocation Of a claim
before located by another, however dire
lict in performing the required work the
first locator may have been, provided he
has returned and resumed work, and is
actually engaged in developing his claim
ct the time the second locator enters and
attempts to secure the claim.