MINING LAWS OF NEVADA

(See also U. S. Mining Laws.)

LOCATION AND RELOCATION.

(Revised Laws 1912, Secs. 2422-2446.)

How to Locate.

Sec. 1. Any person, a citizen of the United States, or one who has declared his intention to become such, who discovers a vein or lode, may locate a claim upon such vein or lode by defining the boundaries of the claim in the manner hereinafter described and by posting a notice of such location at the time and point of discovery, which notice must be posted upon one of the several monuments prescribed in section 2 of this act, and such notice must contain:

First-The name of the lode or claim. Second-The name of the locator or locators. Third-The date of the location.. Fourth-The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the vein, and the general course of the vein or lode as near as may be.

Van Valkenburg v. Huff, 1 Nev. 147; Mallet v. Uncle Sam G. & S. M. Co., 1 Nev. 188; Overman S. M. Co. v. American M. Co., 7 Nev. 312; Phillpotts v. Blasdell, 8 Nev. 61; Wiell v. Lucerne M. Co., 11 Nev. 200; Golden Fleece v. Cable Consolidated M. Co., 12 Nev. 312; Cleeson v. White, 13 Nev. 443; Overman S. M. Co. v. Corcoran, 15 Nev. 147; Rose v. Richmond M. Co., 17 Nev. 25; Poujade v. Ryan, 21 Nev. 449; Brady v. Husby, 21 Nev. 453; 134 F. R. 610.

Discovery Shaft to be Sunk-Depth Ten Feet-Boundaries of Claim, How Defined.

Sec. 2. The locator of a lode mining claim must sink a discovery shaft upon the claim located 4x6 feet to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper if necessary, to show by such work a lode deposit of mineral in place; a cut or crosscut or tunnel which cuts the lode at a depth of ten feet, or an open cut along the said ledge or lode equivalent in size to a shaft four feet by six feet by ten feet deep, is equivalent to a discovery shaft. The

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locator must define the boundaries of his claim by removing the top of a tree (having a diameter of not less than four inches), not less than three feet above the ground, and blazing and marking the same; or by a rock in place, capping such rock with smaller stones, such rock and stones to have a height of not less than three feet; or by setting a post or stone, one at each corner and one at the center of each side line. When a post is used, it must be at least four inches in diameter by four and one-half feet in length, and set one foot in the ground. When it is practically impossible on account of bedrock or precipitous ground to sink such posts, they may be placed in a mound of earth or stones, or where the proper placing of such posts or other monuments is impracticable or dangerous to life or limb, it shall be lawful to place such posts or monuments at the nearest point, properly marked to designate its right place. When a stone is used, not a rock in place, it must be not less than six inches in diameter and eighteen inches in length, and set two-thirds of its length in the top of a mound of earth or stone four feet in diameter, and two and one-half feet in height. All trees, posts or rocks used as monuments which are not four feet in diameter at the base shall be surrounded by a mound of earth or stones four feet in diameter by two feet in height, which trees, posts, stones or rock monuments must be so marked as to designate the corners of the claim located; provided, however, that the locator of a mining claim shall within twenty days from the date of posting the notice of location define the boundaries of said claim by placing at each corner and the center of each sideline one of the hereinbefore described monuments, and shall within ninety days from the date of posting of said location notice perform the location work hereinbefore prescribed.

Silver M. Co. v. Fall, 6 Nev. 116; Southern Cross G. & S. M. Co. v. Europia M. Co., 15 Nev. 383; Sisson v. Sommers, 24 Nev. 379.

WHAT NOTICE SHALL CONTAIN WHEN LOCATION

IS VOID.

Sec. 3. Any locator or locators of a mining claim, after having established the boundaries of said claim, and after complying with the provisions of this act, with reference to the establishment of such boundaries, may file with the district mining recorder a notice of location, setting forth the name given to the lode or vein, the number of linear feet claimed in length along the course of the vein, the date of location, the date on which the boundaries of the claim were completed, and the name of the locator or locators. Should any claim be located in any section or territory where no district has yet been formed, or where there is no district recorder, the

locator or locators of such claims may file with the county recorder notice of location as set forth above, and said notice of location will be prima facie evidence in all courts of justice of the first location of said lode or vein. Within ninety days of the date of posting the location notice upon the claim the locator shall record his claim with the mining district recorder and the county recorder of the mining district, or county, in which such claim is situated by a location certificate, which must contain:

First-The name of the lode or vein.

Second-The name of the locator or locators.

Third-The date of the location and such description of the location of said claim with reference to some natural object or permanent monument as will identify the claim.

Fourth-The number of linear feet claimed in length along the course of the vein each way from the point of discovery, with a width on each side of the center of the vein, and the general course of the lode or vein as near as may be.

Fifth-The dimensions and location of the discovery shaft, or its equivalent, sunk upon the claim.

Sixth-The location and description of each corner, with the markings thereon.

Any record of the location of a lode mining claim which shall not contain all the requirements named in this section shall be void. All records of lode or placer mining claims, millsites or tunnel rights heretofore made by any recorder of any mining district, or any county recorder, are hereby declared to be valid and to have the same force and effect as records made in pursuance of the provisions of this act. And any such record, or a copy thereof, duly verified by a mining recorder or duly certified by a county recorder, shall be prima facie evidence of the facts therein stated.

What Location Includes.

Sec. 4. The location or record of any vein or lode claim shall be construed to include all surface ground within the surface lines thereof, and all lodes and ledges throughout their entire. depth, the top or apex of which lies inside of such lines extended downward, vertically with all parts of such lodes or veins as continue to dip beyond the side lines of the claim, but shall not include any portion of such lodes, veins or ledges beyond. the end lines of the claim, or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.

End Lines.

Sec. 5. If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such

lode may not be followed in its longitudinal course where it is intersected by the exterior lines.

Jones v. Prospect Tunnel Co., 21 Nev. 339.

Relocation in Case of Defective Certificate.

Sec. 6. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing; or shall be desirous of changing his surface boundaries or of taking in any part of an overlapping claim which has been abandoned; or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this Act, such locator or his assigns may file an additional certificate, subject to the provisions of this Act; provided, that such relocation does not interfere with the existing rights of others at the time of such relocation, and no such relocation or the record thereof shall preclude the claimant or claimants from proving any such titles as he or they may have held under previous location.

Phillpotts v. Blasdell, 8 Nev. 61.

Work to be Done on Relocation.

Sec. 7. The relocation of abandoned lode claim shall be by sinking a new discovery shaft and fixing new boundaries, in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, in which case the record must give the depth and dimensions of the original discovery shaft at the date of such relocation, and erect new or adopt the old boundaries, renewing the posts or monuments if removed or destroyed. In either case a new location stake shall be erected. In any case, whether the whole or part of an abandoned claim is taken, the record may state that the whole or any part of the new location is located as abandoned property. If it is not known to the relocator that his location is on an abandoned claim, then the provisions of this section do not apply.

Sever v. Gergovich, 16 Nev. 325; Rose v. Richmond M. Co., 17 Nev. 25; South End M. Co. v. Tinney, 22 Nev. 19.

Survey and Certificate of Surveyor Become Part of Record.

Sec. 8. Where a locator or his assigns, has the boundaries and corners of his claim established by a United States deputy mineral surveyor, or a licensed surveyor of this State, and his claim connected with the corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of such survey, and attaches to and

files with such location certificate a certificate of the surveyor, setting forth: First, that said survey was actually made by him, giving the date thereof; second, the name of the claim. surveyed and the location thereof; third, that the description incorporated in the declaratory statement is sufficient to identify, such survey and certificate becomes a part of the record, and such record is prima facie evidence of the facts therein contained.

Amount of Work to Hold Possession.

Sec. 9. The amount of work done or improvements made during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States, to-wit: One hundred dollars annually. In estimating the worth of labor required to be performed upon any mining claim, to hold the same under the laws of the United States, the value of a day's labor is hereby fixed at the sum of four dollars; provided, however, that in the sense of this statute eight hours of labor actually performed upon the mining claim shall constitute a day's labor.

Affidavit of Work Performed.

Sec. 10. Within sixty days after the performance of labor or making of improvements, required by law to be annually performed or made upon any mining claim, the person in whose behalf such labor was performed or improvements made, or someone in his behalf, shall make and have recorded by the mining district recorder or the County Recorder, in books kept for that purpose, in the mining district or county in which such mining claim is situated, an affidavit setting forth the amount of money expended, or value of labor or improvements made, or both, the character of expenditures or labor or improvements, a description of the claim or part of the claim affected by such expenditures, or labor or improvements, for what year, and the name of the owner or claimant of said claim at whose expense the same was made or performed. Such affidavit, or a copy thereof, duly certified by the County Recorder, shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.

Secs. 1 and 2, Statutes 1897, p. 105.

Notice to a Delinquent-Proviso-Penalty.

Sec. 11. Whenever a co-owner or co-owners shall give to a delinquent coöwner or coöwners the notice in writing or notice by publication provided for in Section 2324, Revised Statutes of the United States, an affidavit of the person giving such notice, stating the time, place, manner of service and by whom and upon whom such service was made, shall be attached to a true copy of such notice, and such notice and affidavit must be