The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1881-10-08
IMPORTANT MINING DECISION

Inc Act OF Congress OF May 10th,
1872, authorizes "a claim to be located
l 800 feet in length along the vein, and
n the absence 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 i'm
plication authorizes the miner to limit
the width of such claims to % 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 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 located
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 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 de.
tached pieces of the quartz, or mere
punches 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 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 re-
quire record, it must contain the names
OF the locators, the date of location, and
such description of the claim by refer
ence to some natural objects or perman-
ent monuments, as will identify the
claim; but such natural objects or per-
manent monuments are not required to
be on the ground located, although they
may be; and the natural object may con.
aist of any fixed natural object; and such
permanent monument may consist of a
prominent post or stake firmly planted
IN the ground, or Of shaft sunk in the
ground. If, 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 particular; otherwise
not.
Where one person or company owns
several contiguous claims, capable of be.
ing advantageously worked together, one
general system may be adopted to work
. such claims; and work done according to
such system for the purpose of prospect
ing or working all such contiguous claims,
although done on only one of such claims,
or even outside of all Of them, is available
to hold all such contiguous claims in
tended to be worked or prospected by
such general system.
The statute requires $lOO worth Of
work on each claim located after May
10th, 1872, in each year, and in default
thereof, authorizes the claim to be re-
located by other parties, provided tn.
tirst locator has not resumed work upor
it. But if the first locator resumes worl
at any time after the expiration of tn,
year, and before any relocation is made
he thereby preserves his claim; th,
statute nowhere authorizes a trespas
upon or relocation of claim before 10
Gated by another, however derelict il
performing the required work the frs
locator may have been, provided he ha
returned and resumed work. and is act
ually engaged in developing his claim a
the time the second locator enters an,
attempts to secure the claim.