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Page: of 6

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
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. 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.
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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.
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—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