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Collection: Newspapers > Nevada City Nugget

February 20, 1931 (6 pages)

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RAGE TWO THE NEVADA CITY NUGGET, CALIFORNIA ’ a “THE NEVADA cry ‘NUGGET Published weekly on Friday_ morn: morning at Nevada City, Calif. and entered as mail matter of the second class in the postoffice at Nevada City, under Act of Congress, March 3, 1879. SUBSCRIPTION RATES One Year. pny address in California, in advance ...... $2.00 : Outside California, i BD Se anit neinenenestntrnnesnninntce meat 2.50 ee .60 One Month . pe ae A Legal Newspaper ik General Circulation for Nevada City and Nevada County, as defined by legal statute. Printed and published at Nevada City. Elsie P. Willoughby.............. Thomas Bessler NOTES ON LAW OF INOTICE —Reprinted from — the July chapter of State Mineralogist’s Report XXIV, 1928 (OUT OF PRINT), on account of the continued request for information on this subject. (Furnished by the Divisions -of Mijjes.—Editor.) Other installments’ will follow, including Extent of the right to lo«cate claims; those eligible, what may be located lands open to location and mining; U. S. MinYing statutes; lode claims, tunnel ¢laims, placers— area, boundaries; setc., etc. One of the most frequent subjects of inquiry at the offices of this bureau is the matter of mining law, as applied to the proper procedure for locating claims and holding same. The State Mining Bureau has published various bulletins on the ssubject, but stock of these is at present exhausted. The following notes are intened to make available for reference the main points of federal and state laws . prescribing “the methods to be followed in taking up mining claims-.;on vacant public lands within thih state, with ssome notes on lands available for amining These notes are based in the main aipon those parts of the statutes which are of direct ‘interest to the prospector who wants to make his docation legal, and the writer has tried to avoid any technical or theoretical considerations not directly touching upon, these. details. Therefore no mention is made of the extra lateral right nor of the’ other jegal sinuosities that may arise. At athe same time, it is believed that af the simple points mentioned are earefully attened to in making out the location notice and laying out ahe claim, the locator will avoid most of the dangers and vexations ahat later befall him when his location is faulty. The subject of: mining as a complex one, of such scope as to call for extended study by anyone who would master it. For a «complete reference book on the subject the reader should consult “Lindley On Mines’’—(a treatise on the American law relating to mines and mineral land, by Curtis H. Lindley, San Francisco, 1914)—or “one of the. other standard authorities. An excellent reference book;, much smalled but covering practical points, is Wilson’s Mining aws; also Ricketts’ ‘‘Manual of American Mining Law’’. In preparing the following notes the writer has drawn freely upon decutre notes taken while attending a course of lectures. delivered at the University of California by William. Colby, mining attorney, to whom acknowledgement is here made. Lindley on Mines has also deen used, as have numerous federal ‘and state circulars dealing with the details concerned. Cases could be «cited for most of the points covered. Summarizing the requirements of the United States and California Statutes, as applied .to lode mining locations upon vacant government jand . within this. state, it will be noted that the following indispenwamle requirements must be met in order to fully protect the interests of the Claimant: as mineral; MINING LOCATIONS (1) Discovery, the most vital factor, which must precede location of any rights thereunder. (Federal and state requirement. (2) The location must be marked upon the ground so that the boondaries of the claim or claims ean be. readily traced by anyone coming on the property and describing to known what land is claimed. (Federal and state reqoirement. (3) Where the state or distriot mining law requires that a record of the location be kept, the federal statute requires that this record must contain the following details: 1. The name of the lode or elaim (2) The name of the locators. : (3) The number of linear feet claimed along the course of the vein, each way from the point of discovery, with the width of each side of the center of the claim, and the general course of the vein or lode, as near as may be. 4. The date of location. 5. Such (a description of the claim by referenge to some natural object, or permanent monument, as will ‘identify the claim located. The state law incorporates these provisions of the federal statute, word for word. (4) The state law (see paragraph 1426 post) specifies that a location notice must be posted upon the claim at the point where the discovery of valuable mineral is made, and that this notice must contain the information called for under the provisions of the last paragraph. (5) The state law also requires that a copy of the above notice must be filed for record within 30 days of the date of posting, in the office of the county recorder of the locator or county in which the claim is situated. Differing from the lode location requirements, the state laws regarding placer claims specify that where placer claims are taken by location according to the subdivisions of the public land survey and where the location notice specifies the legal subdivision of section ,township and range, th boundaries of a claim so located and described need not be staked nor monumented. A produent locator will, however, always stake his claim and when describing the same as above mentioned will ordinarily need at least an approximate survey to be sure the notice properly describes the land intended to be claimed. Upon a lode claim, discovery is defined as the actual finding of ore in place, not as float. The volue of the ore is not a controlling factor, but the test is, according to, Colby (W. E. Colby, attorney at law and lecturer on Mining Law, University of California.) “would a prurent man be justified in spending money to develop it?” (See Brooks vs. Justice Mining Co. 58 Fed., p. 120) While it has been remarked that the order in which the various steps required to complete a valid locationis not necessarily invariable, it Maybe said. in general that the claim is not safely secured against rival locators until a valid discovery wv ee tee —— SEE RUSSIAN MINERAL OIL . A pure Russian Hydrocarbon Mineral Oil free from odor and taste. Used in the treatment of Chronic Constipation and as a mild laxative. Also a lubricant for relief of intestinal auto-intoxication. $I. 00 ; Pint me . if edlterevidd has been ial, Court declaim extinct ,with possibly one exception, cisions on the point have been at variance, In this state the first locator,may get an injunction forbidding the second from coming upon the claim, pending decision of the matter. This would apparently give the first locator an advantage in the “race of diligence’’ to reach the mineral first. Prior possession is an important factor. ‘Where there is a contested area claimed by two or more locators, the senior locator might make a valid discovery of mineral in the contested’ area, but the junior locator or locators ‘could not ordinariiy do so, unless the senior locator so far frgot his own interests as to fail to take proper steps to prevent it. This point arose in a recent case decided by the local land office. ‘Neither the federal law nor the California statutes require that any particular form of opening or any certain amount of work’ be done to complete a valid discovery. The state law ;does not, specify any particular manner of marking rlaim boundaries. The U. S. General Land Offiie regulartions specify a post or stone monument at each corner and a post, stake or board at the discovery point. While it is not’ absolutely necessary that such markers be maintained by the locatdr,t of course is advisable to keep such warkers in place both for his oWn protection and as a matter of justice to other prospectors who may be seeking minerals in the same locality. The ideal quartz mining claim, which will give the largest area allowed by the federal statute and the fullest exercise of the extra-lateral right, is. 1500 feet long by 600 feet wide, and is a right-angled_parallel ogram with the side lines parallel to the lode and the end lines crossing the lode at right angles. The can not extend more than 300 feet on each side of the center of the vein, measured at right angles to the side lines. The end lines must be parallel straight lines, but the side lines need not be either parallel or straight, and if the vein is sinuous, the side lines should follow it. Care should be exercised to see that the claim is so taken. that the vein does not depart from the; claim through a side line, as this’ would result in greatly cutting down the length of the claim and would curtail the exercise of te extralateral fight, possibly .with very serious loss to the locator. The law will give the locator only so much of . the vein along the strike as he has of the apex within the boundaries of his claim. The end lines do not
have to be of equal length and do not have to cross :the ‘vein at any particular angle. The possession of the apex within the boundaries. of the claim is essential to the enjoyment of the extralateral right downward on the dip of the vein. Neither the federal nor the California statutes require any particular form that need be followed in writing the location notice, and it is not necessary to use any particular printed blank, although the blank is convenient and often safer as its use insures that attention will be called to the information required, preventing the omission of some important detail. Suggested fotms may be used as models in writing out either lode or placer. location notices are shown herewith. The courts as a rule have been liberal in dealing with the question of form of location notices, and as a rule inquire rather into the good faith of the locator than into the form of his notice. The notice must contain the dgtails given under the five headings -of paragraph 3 under requirements. The signatures of witnesses on the location notice naturaly sfrenthen it incase ofdispute, although ot specifically required in California, and if i happens that two or more rival locations were attempted upon the same claim on the Same day, it would prove of value to show the hour of posting, If the Position of the claim with regard to section, township and range is shown. The oldmining districts with their district recorders have become in this state. The location notice must be posted at a conspicious place on the claim, as it is intended to be a notice to all the world that the ground claimed has been removed from the public domain for mining purposes. It will be noted that the state law regarding placer locations Says the lo. cation notice may be posted upon a tree ,rock in place stone Post or monument, and does not speatfically mention that it is to be put at ithe point of discovery. As a matter of produnce, but not. specifically re{claim and prosecute ed, and in the ‘ane of stakes or lines, trace out the boundaries of the claim from the recorded description. {fhe annual assessment year now begins at noon, July 1st. The locator of a-claim has one full year, beginning at noon of July ist,next following the date of his location, durig which to _ perform the first year’s assessment work. One hundred dollars worth of labor must be done or improvements made upon each clai mper annum. The test of the validity of assessment work done is: valuable mineral from the claim? Three classes of wor may be valid as assessment work or for credit toward the $500 required for patent. (1) Work within the boundaries of the claim for the purpose of actually developing the mineral deposits in the claim. This may consist of excavation, drilling, erection of works for mining or-placing of machinery for use in mining, the development of ore bodies, or the actual. extraction of mineral. A quartz mill does not satisfy the assessment on a lode claim, but a dredger does on a placer claim. (2) Work on a group of claims for the joint benefit of all, by virtue of the community of interest between colocators or an agreement. between locators of adjoining claims. (3) Work outside of a claim or group of claims, when such work tends to facilitate the extraction of valuable mineral from the claim or claiins. This. includes. tunnels for the development of deposits above the line of tunnel; roads and trails, and the making of flumes and ditches to coduct water to placer mining claims. As regards requirements of assessment work, an association placer, taken up as a_ unit by colocators, may be considered a single claim, though containing more than 20 acres. All the assessment work for a group of adjoining claims may be done upon one claim if coclusively shown to benefit the entire group, claim. The term “group of claims” as here used, is applied to a number of claims taken up by colocators and regarding which it was understood at the time of location that they were being so taken, The proof of labor is an affidavit imade by the owner of the claim or by some one in his behalf, acquainted with the facts, setting forth that during the year in question, certain amounts (not less than $100 for each claim) have been expended for labor upon or for improvements upon the claim named. This affidavit must be filed for record in the office of the county recorder of the are scituated, within 30 days after July 1st of each year (except as before mentioned for the fraction of @ year between the date of location and the next July first.) The California statute provides that the failure or neglect of any locator of a mining claim to perform assessment work as specified in the United States statutes shall disqualify such locator from relocatimg such claim or any part thereof within three years of the date of his original location, and any such attempted relocation is declared void. To prevent location of such claim by others, such a delinquent locator would have to go upon the his work to completion. The United States statutes provide the general manner in which one locator of a claim who keeps up the assesament work on the claim may obtain relief from his fellow locators who-fail to pay their shares of such expense, The. California statute serving or publishing the notice to the delinquent party, and the steph ‘the delinquent may take to protect his interests within the 90-day perWe'll broadcast wal next Friday over station vate q quired by law, © the location notice bela a be maintained upon the! location notice would be to J elaims. The test of ‘the ‘sifficiency . of a take the notice asposted and record. Dal Y That CR Milk IDIAMONDS First in the‘heart of the American . Girl. Quality Bluebird Registered Diamonds .. sélected by experts.. direct from the cutters.. doubly guaranteed Does it facilitate the ex-. _ traction of county in which the claim or calims. (paragraph 14260) sets forth in de-. ! tail the procedure to be followed in. ! perfection «+. with full trade-in value. BLUEBIRD DIAMOND RINGS EVERY BLUEBIRD IS A GENUINE DIAMOND TWFARTo. ING Xi SON Jewelers 124 Mill Street Grass Valley SPECIAL We also have a complete HOG We Have Wonderful Values ‘This Week at Boys’ Boots, Either’ Rubber or Leather Felt Slippers of all styles for all the family SHOE STORE PRICES line of Rubber Ziswers. AN’S eae iod allowed him. Failure of such delinquent co-owner to meet his share of the cost of assessment work within 90 days after personal servide of notice, or within 90 days after the beginning of weekly publication of such notice of delinquency in the newspaper publihhed nearest the claim results in the delinquent’s interest in the claim becoming the property of the owner or co-owners who have paid for the assessment work. 118 Mill Se. Grass Valley f ONE STOP SERVICE AT Battery Service Tire Service Clarence Briggs Super Service Station. HIGH PRESSURE WASHING STEAM CLEANING 111-113 E. Main St. Phone 4 GRASS VALLEY STEAM f LAUNDRY 111 Bennett St. Gtass Valley Grass Valley. Calif. Ore and Bullion Purchasod } Rion Sy Sense conn Bstaskished 1907 WILDBERG BRING Co: ca; FINE WATCH ani CLARENCE R. GRAY 520 Ooyote St. Phone 15 Work Called for and Delivere DELICIOUS COOKIES Patronize Home Industry KOPP’S BAKERY Nevada City, Calif. NEVADA CITY CLEANERS W. H. Osborne —S—S—S———=_ LOCATION NOTICES —Quarts and placer location notices for sale at The Nugget office at 5ce each. — Pressing, — Repairing] ¢o° STAGE TIMETABLE Granitevitle Stage leaves a, City at 7 a. m., for Lake City, North Bloomfield, Moores Flat, and Granitevilte. Leaves Graniteville at 7 a. m., for Nevada City. Alleghany Stage teayes Nevada. i City daily, except Sunday at 1:0 ; m., for Tyler, Columbia Hill, A ghany and Forest. Leaves Forest at 6:30 a. m., for Nevada City. Marysville Auto Stage leaves ai ville. Leaves Mafysville at 1:00 p. m. Connects at Smartsville for North San Juan. Downieville Auto Stage leaves Nevada City daily at 1p. m., ar Leaves Downieville daily at 6 a. m., arriving in Nevada City in time connect with 10: 30 train for Washington City at 6:30 a. m., for Washingtoa Leaves Washington at 6:30 a. m. for Nevada City. 8.00 a. m., for Ra and Ready,. Smartsville, Hamm — and MarysStage leaves Nevada > Sages be ee