The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1881-10-01
IMPORTANT MINING DECISION.
Points Decided In the United state.
CIrcuit Court.

The Act of Congress of May 10,
1872, authorizes claim to be located
1900 feet in length along the vein,
and In the absence of any local rule
or custom, the width of such claim
may be extended 300 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 25 feet on
each side of the middle of the vein.
No rights can be acquired under
the statute by location before the dis
coyery of the vein or lode within the
limits of the claim located.
A location is made valid by the dis
covery OF vein or lode at any time
after the location, 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 To-
Gated is seam or fissure in the earth s.
crust, filled with quartz or some other
kind of rock in place, filled with gold,
silver, or other valuable mineral de-
posits named in the statute. 1t may
be very thin, or many feet thick or ir-
regular in thickness, and it may be
rich or poor, provided 1t contains any
of the metals named in the statute.
But 1t must be more than detached
pieces of the quartz, or mere lunches
of quartz not in place.
A location 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 read
lily traced, is sufficient.
The law of Congress requires no
record of a mining claim, except in
obedience to valid local rules or GUS
toms OF miners but when such local
rules or customs require record, it
must contain the names of the loca-
tors, the date of the loca ion. and such
"A description of the claim by reference
10 some natural objects or permanent
monuments, as will indentify the
claim but such natural objects or
permanent monuments are not re-
quired to be on the ground located, al
though they may be: and the natural
object may consist of any fixed nat
ural object may consist of any fixed
natural object and such permanent
monument may consist of a promi-
~. l. -.
the ground, or of shaft sunk in the
ground. II, by reference TO any such
natural object or permanent monu-
ment, the claim recorded can be iden-
titled with any reasonable certainty,
the record will be sufficient in this
particular otherwise not.
Where one person or company
owns several contiguous claims, capa-
BILE of being advantageously worked
together, one general 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,
although done on only Que of such
claims, or even outside of all ofthem,
il available To hold all such contig-
uous claims intended to be worked or
prospected by such general system.
The statute requires 500 worth of
work on each claim located after May
10, 1872, in each year, and in default
thereof, authorizes the claim to be re-
located by other parties, provided the
first locator has not resumed work
upon it. But If the first locator re-
sumes work at any time after the ex-
piration of the year, and before any
relocation is made, he thereby pre-
serves his claim the statute nowhere
authorizes tnespass upon or a relo-
cation of claim before located by
another, however derelict in perform
ing the required work the first locator
may have been, provided he has re-
turned and resumed work, and is act
ually engaged in depeloping his claim
at the time the second locator enters
and attempts to secure the claim.