COMPILED LAWS OF NEVADA. MINES AND MINING. An Act relating to the location, relocation, manner of recording lode and placer claims, mill sites, tunnel rights, amount of work necessary to hold possession of mining claims and the right of coowners therein. How to Locate. Approved March 16, 1897, 103. 208. SECTION 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 point of discovery, which 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. 1. NOTICE OF LOCATION OF MINING CLAIM, WHERE TO BE POSTED. In order to hold a mining ledge, it is not necessary that the notice of location should be placed on the ore or any part of the vein or lode; it is sufficient if it be placed in such reasonable proximity and relation to the ledge as, in connection with the work done under it, to give notice to all comers what ledge is intended. Phillpotts v. Blasdel, 8 Nev. 61. NAME, HOW IMPOSED UPON LODE. Placing a notice of location headed with a certain name upon a lode of ore is to christen it with such name. Id. RELOCATION OF MINING CLAIM UNDER ANOTHER NAME. There is no law to prevent a person from relocating his own mining claim by a different name; and if he does so and then conveys it by the latter name, there is no reason why the existence of the former location should invalidate the deed. Id. 2. ALIENS CANNOT LOCATE NOR HOLD MINING CLAIMS. An alien who has never declared his intention to become a citizen, is not a qualified locator of mining ground, and he cannot hold a mining claim either by actual possession or by location against one who connects himself with the government title by compliance with the mining law. Golden Fleece G. & S. M. Co. v. Cable Con. G. & S. M. Co., 12 Nev. 312. LOCAL MINING DISTRICTS AND RULES. The mining laws of the United States recognize and Work to Be Performed Within One Hundred and Twenty Days After Posting Notice-Monuments- 209. SEC. 2. Before the expiration of one hundred and twenty days from the posting of the notice of location, the locator shall sink a discovery shaft upon the claim to a depth of at least ten feet from the lowest part of the rim of such ande 8418 1-1907 shaft at the surface, or deeper if necessary, to show by such work a lode or deposit of mineral in place. A cut or crosscut, or tunnel, which cuts the lode at a depth of ten feet or more, or an open cut of at least ten feet in length along the lode from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft. At the location point, and at each corner and angle of the claim, he shall distinctly mark a tree or rock in place, or shall set a stone, which shall be at least six inches wide and eighteen inches long, firmly in a mound or in the earth, so that at least six inches in height of said stone shall be plainly visible from all sides, or shall substantially build a monument which shall rise at least three feet above the surface, or shall erect a post at least four inches square or four inches in diameter, which must be firmly set in the ground, or in a mound of earth or rock, and must rise at least three feet above the surface. The tree, rock, stone, post or monument at each corner shall be so marked by letters, figures or otherwise, as to indicate its purpose. The posting of location notice and descriptive memoranda of corners (if that method of marking be used) shall be by conspicuously displaying the same, where practicable, and in other cases by such posting as is in accord with the usage and custom of miners. Where it is impracticable or dangerous to life or limb to mark a tree or rock, or set a stone or erect a post or monument precisely upon a corner or angle, then the marking of that corner or angle by means of tree, or rock, or stone, or post, or monument, may be done at the nearest practicable point, in such manner as to indicate the right place. As amended, Stats. 1899, 93. 1. THE MINING LAWS OF THE LOCALITY GOVERN THE LOCATION and manner of developing the mines, and when they directly point out how such mining claims must be located, and how the possession once acquired is to be maintained, that course must be strictly pursued. Mallett v. Uncle Sam G. & S. M. Co., 1 Nev. 188. Affirmed, Gleeson v. Martin White Mining Co., 13 Nev. 442. 2. ABOVE SECTION CONSTRUED. Sissons v. Sommers, 24 Nev. 3. ASSAYS OF ROCK TAKEN AFTER LOCATION OF CLAIM-COMPETENT EVIDENCE TO PROVE EXISTENCE OF MINERAL VEIN. Assays of rock which was taken from a mining claim, long after the date of its location, are competent evidence, as tending to show that the locators had discovered a vein at the time of the location. Southern Cross v. Europia M. Co., 15 Nev. 385. 4. NO VALID LOCATION of a mining claim can be made until a vein, or deposit, of gold, silver, or metalliferous ore, or rock in place has been discovered. Overman S. M. Co. v.,Corcoran, 15 Nev. 147. 5. NOTICE OF LOCATION AND RECORD-It is the record of a mining claim, and not the notice of location, that must contain such reference to a natural object or permanent monument as will identify the claim, and only then when the local laws require a record to be made. Brady v. Husby, 21 Nev. 453; Poujade v. Ryan, 21 Nev. 449. IDENTIFYING CLAIM-Where the record of a mining claim contains such reference to a natural object or permanent monument as might under any circumstances identify the claim, the record is admissible in evidence, and it becomes a question of fact as to whether such reference is sufficient. Id. PRESUMPTION IN ABSENCE OF EVIDENCE. In the absence of all evidence upon the point it will be presumed that the reference is sufficient for identification. Id. 6. JUDICIAL NOTICE-LOCAL MINING RULE. Court cannot take. Poujade v. Ryan, 21 Nev. 499. 7. EXTENT OF OWNERSHIP-BURDEN OF PROOF. The presumption, in the first instance, is that the owner of the mine owns all the veins found within his boundary lines, but when there is evidence tending to prove that the vein in controversy apexes outside those lines, this, if sufficient, will rebut that presumption; and as the burden of proving ownership is, when denied, always upon the party alleging it, he must also meet and overcome this evidence, or he will fail in establishing his title. Jones v. Prospect T. Co., 21 Nev. 339. ROCK IN PLACE-By "rock in place," as used in the mining statutes, is meant rock that is enclosed and embraced in the general mass of the mountain, as distinguished from the float, soil and debris of the surface; and it is not material where the rock or mineral was originally formed or deposited, or that the vein matter is loose, or broken, or disintegrated. Id. |