The Arizona sentinel., 1881-08-13
Important Legal Decisions.

l Landowner for the following points decided by the Circuit Co lrt of the United States, in the case of the Jupiter Mining Com pany vs. the Bodie Consolidated Mining Company.
 Length and width of Lode Claims The Act of Congress of May 10, 1872, authorizes d claim to be located 1,5O0 feet in length along the vein, and in the absence of any local rule or custom, the width of suct claim may extend 3OO feet on each side of the middle of the vein; but said Act of COn> gress, by implication, authorizes the miners 10 limit the width Of such claims to twenty five feet un each side of the middle of the vein.
 Miners Rules Must be in Force -Io be of any validity, a rule or custom of miners must not only be established or enacted, but must be iu fUrce at the time and place of the location. ItceaseS to be operative whenever it falls into dlsuse or is generellY disre- garded.
 Must not Confict-The rules and customs of minerS must not conflict with the laws of the United States, or the laws of the Stale in which the claims are To- cated.
 Question of Fact-Whether or not a mining law or custom is in force at any given time, is Quesr tion of fact; but when shown to have been in force, the preSump' ton is that It continues in force until the contrary is proved.
 Void for Excess of Width Where location, Oth erWise valid, exceeds the width allowed by law, il IS void as to the excess, but valid as to the extent allowed by law.
 Discovery of a Vein-No rights can be acquired, under the stat- ute, by location, before the dis cOvery of vein or lode within the limits of the claim lacated. Definition of a Vein or Lode A vein or lode authorized to be located is a seam or Assure in the earth's crust, filed with quartz, or some other kind of rock Tn place, carrying gold, silver, or other valuable mineral depUsits named in tte statute. It may be very thin ot many feet thick, or irreg' ular 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 detatcheG pieces of quartz, or mere punches of quartz not in place.
 Discovery of Vein after Loca- tiom-A location Is made valid by the discovery of vein or lode at any time after the location, pro- Viued that discovery is made be- fore any lights are acquired in the same clam by other persons. First DisruVerer-It is not nee essary that the locator should be the first dlScUverer of the vein; but it must be known and claimed by him, in order to give validity to his location.
 Other Veius than those Discov- ered-Where d valid location is made upon d vein or lode discOv- cred, the locator is not only enti- tied 10 the vein discovered, but to every other vein or lode through out the entire depth, lhe top or apex of which lies within the surface lines of the claim extend ed vertically wards, to which no right had attached in favor of other parties at the time the location became valid, al though such veins or lOdeS may so far depalt from d perpeIdIcu- lar as to extend outside tine yer tical side-liueS.
 How locations are to be Marked A location of d inning clainl must be distinctly marked On the ground so that it's boundaries can De readily traced; but the law does not define or prescribe what kind of marks shall be made, OI 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 Right of Subsequent Locator tC Ohject-A subsequent locator has no right to object that the first To- cation was not sufficiently marked on the ground at the time of the location, or before recording, pro- . vIded that such first location wa: sufficiently marked on the ground before any valid subsequent lOca- tiOn of the same.
 Obliteration of Marks - Aftel location has been lawfully made the locator cannot be divested bN the mere ObIiteration of marks o removal of stakes without hi
 fault, he having performed thu ANz T. l. a D