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Collection: Directories and Documents > Pamphlets
Legal Guide for California Prospectors and Miners (PH 4-10)(1952) (79 pages)
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Page: of 79
10 LEGAL GUIDE
A lode location must be based on a discovery of rock in place bene
mineral, not necessarily in a fissure, nor with well-defined walls, but the
location must include the top or apex of a vein or lode.
Only one discovery of a mineral deposit is required within a placer
location, whether it be for 20 acres or an association placer of 160 acres.
A discovery can not be bisected by a side or end line to constitute
discovery in two independent locations.
No location is complete until a valid discovery has been made.
LOCATIONS
Mining Locations
A lode location can legally cover only a vein or lode of quartz or othe
rock in place, enclosed by or suspended between walls of rock, but suc
walls need not be well defined. A placer deposit covers all other types
of mineral deposits including building stone. There is no legal prohibition against the placing of both lode and placer locations on the same
land by one locator, if conditions warrant. An example would be a partially eroded gold lode where the soil might carry free gold and the lode
might be exposed by placer mining. Errors of any kind in a location
which might render it void may be corrected by an amended location, 1n
the absence of an intervening right. A ‘‘known lode’’ in a placer claim,
if not specifically mentioned by the applicant for placer patent, and paid
for separately, would become thereafter subject to lode location by another if this can be done peaceably, but blind veins pass to the placer
claimant without extralateral rights. In other words, in order for a
placer claimant to obtain extralateral rights on a vein, blind or otherwise, within the boundaries of that claim, it is necessary that he file a
lode location thereon and comply with the laws governing such claims.
No person may enter and prospect for veins on a placer claim without
consent of the claimant.
A mill-site may be located on not over 5 acres of nonmineral land, not
adjacent to a vein or lode, or it may be located or may be ‘‘scripped
upon lands which are prima facie mineral but which in fact are valueless
as such.
A tunnel-site claim may be located for the purpose of prospecting for
blind veins not previously known to exist along the location line of the
tunnel, for a maximum length of 3000 feet. The locator has the exclusive right to prospect for such blind veins along the tunnel’s course and
to locate 1500 feet in length upon any such vein that is cut or discovered
in the tunnel.
In general, there are no hard and fast forms that must be used in locating claims and a location notice written in pencil will be as valid as any
other, if the essential requirements are met. Examples of forms are shown
herein for all four classes of claims mentioned above, and these may be
safely followed. A valid mining location can be made upon a Sunday
or holiday. Witnesses are not required, although of course there are occasions when it may be desirable to have them, [The latter part of this
statement is especially true now that the California law allows 90 days
in which to record a location. It should be noted that a location notice
may be recorded at any time during the 90 day period. .
Locators
A location may be made without regard to the age, sex, or residence
of the locator, One who has declared his intention to become a citizen
EEE