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Collection: Directories and Documents > Pamphlets
Manner of Locating and Holding Mineral Claims in California by A H Ricketts (PH 2-7) (1948) (32 pages)
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Page: of 32
Ly eae
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.
CONFLICTING LOCATIONS
The principle which governs the conflicting claims of appropriators
of mining claims and other rights on the public domain is that, other
things being equal, the prior locator prevails. A location made within
the limits of ground already appropriated is void from the beginning;
but the boundary marks of lode locations may be placed upon or across
the surface of a prior location, or intervening ground whether patented
or unpatented as mining or agricultural ground, for the purpose of
securing an extralateral right; but no right is given to the ground
within the overlap. If a locator should happen by mistake to place
some of the monuments necessary to mark out his boundaries upon
another’s claim, the location is valid so far as that portion of the ground
which was open to location.
GOOD FAITH
Good faith, as an element in the initiation of mining rights under
federal and state laws, is absolutely essential to the validity of such
rights, may not be dispensed with, and lack of it vitiates any attempt
to initiate’ such rights.
VOID LOCATIONS
Some instances of void locations are these: A location based upon
a discovery which is within the boundaries of a prior claim; when
located upon the dip of the vein or lode; a lode location of a placer
deposit, or vice versa; a placer location intended to secure a known vein
therein ; to secure the timber growing thereon; a provisional location; a
location or relocation based upon a breach of trust, or based upon trespass ; a location without discovery where no attempt is made to discover
the same ; a discovery without boundaries; or, failure or neglect to comply
with the local law in making the location on the ground.
ESSENTIAL ELEMENTS IN LOCATING MINING CLAIMS
‘The essential elements in locating either lode or placer claims are:
discovery of mineral, marking the boundaries, posting the notice of location and the recording of an exact copy of same. The location notice
must contain the following: (1) date; (2) name of locator or locators;
(3) name of the claim; (4) the number of linear feet claimed in length