THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA DAVIS ^ yu^Li ^ /CAL /^ f^ ' FERRY BUILDING, SAN FRANCISCO STATE OF/CAUFORNIA DEPARTMENT OF^TURAL RESOURCES GEORGE D. NORDENHOLT, Director DIVISION OF MINES WALTER W. BRADLEY State Mineralogist San Francisco] BULLETIN No. 106 [August, 1939 MANNER OF LOCATING AND HOLDING MINERAL CLA m CALIFORNIA (With Forms) By A. H. RICKETTS Fifth Edition (Revised) 8tH4 printed in California state printing office SACRAMENTO: GEORGE H. MOORE, STATE PRINTER UBRARY UNIVERSITY OF CAUFORfflA DAVIS .<^' / 'N^ w - 11 — than eight persons, or if the association is composed of a less number, twenty acres for each individual therein. A placer claim upon surveyed or unsurveyed public land must be located upon the ground in such shape and position as to conform as nearly as reasonably practicable to the lines of the public survey. This means that if the location is laid upon unsurveyed lands such location, if reasonably practicable, should have east-and-west and north- and-south bounding lines, should be rectangular, if practicable, and in compact form. When the placer deposit lies within a canyon, gulch, or an unnavi- gable stream, the placer location may exclude land not useful for mining purposes if conformity of location with subdivisional lines is unreason- able. Because of the recent (1935 and 1939) state legislation affecting placer locations, it now is necessary that certain additional location acts be performed. (See § 6a, § 6b and § 6d, supra.) Tailings deposited upon public land initiate no right to dump thereon ; but such land may be located as a placer mining claim by the producer or another or by the producer as a mill site, for dumping purposes, or it may be *scripped.' If the tailings are allowed to flow upon the land of another, he is entitled to them. If the tailings are deposited so as to injure the land of another, without his consent, the latter may recover damages or injunctive relief may be granted. The smallest legal subdivision recognized and provided for by the federal mining law is ten acres, which must be square in form. The Californian mining law provides that the location of a placer location shall be made "by posting thereon, upon a tree, rock in place, stone, post or monument a notice of location, containing the name of the claim, name of locator, or locators, date of location, number of feet or acreage claimed, such a description of the claim by refer- ence to some natural object or permanent monument as will identify the claim located, and by marking the boundaries so that they may be readily traced ; provided, that where the United States survey has been extended over the land embraced in the location the claim may be taken by legal subdivisions and no other reference than those of said survey shall be required and the boundaries of a claim so located and described need not be staked or monumented. The description by legal subdivisions shall be deemed the equivalent of marking." Civ. Code § 1426c. (§ 2303 Public Res. Code). Within thirty days after the posting of the notice of location, a true copy thereof should be recorded in the office of the local county recorder. Form of Placer Location Notice (on Surveyed Land) Notice is hereby given that the undersigned has this day of , 19 , located a placer mining claim situate on public surveyed land in Mining District, County of , State of California, described as follows: The of section _1 , in township __, range , M. D. M., containing acres. This claim shall be known as the placer mining claim. , Locator. Note: (No witnesses required.) Form of Placer Location Notice (on Unsurveyed Land) Notice is hereby given that I, , have this day of , 19 — , located on public unsurveyed lands in the Mining District, County of , — 12 — State of California, a placer claim described as follows: Beginning at a {tree, rock in place, stone, post or monument) upon which is posted the notice of location, run- ning thence {north) six hundred and sixty feet to a post marked , thence {east) thirteen hundred and twenty feet to a post marked , thence {south) six hun- dred and sixty feet to a post marked , thence {west) thirteen hundred and twenty feet to place of beginning. All of said posts are at least four inches in diameter and set at least one foot in the ground and surrounded by a mound of stones, and containing twenty acres. This location is situated about {feet) distant from {name some natural object or permanent monument) . The name of this claim is . , Locator. Note: {No witnesses required.) § 12. Lode Locations. Theoretically, a lode location should be in the form of a parallelo- gram, having side lines fifteen hundred feet along the course or strike of the vein or lode with parallel end lines running three hundred feet on each side of the middle of the vein or lode at the surface. But a lode location of less size and of different or any shape is valid; for instance, it may be in the form of a horseshoe or of an isosceles triangle ; but such locations carry no extralateral rights. The side lines need not be equidistant from the middle of the vein at the surface and the end lines need not be straight nor of equal length ; but its end lines must be parallel with each other or the location carries no extralateral right. If the side lines be across, instead of along the vein, they become the end lines and the location end lines become the side lines of the location as laid upon the ground; and the extralateral right is diminished accordingly. The presumption is that a lode extends to the entire length of the location, but nonmineral land within a placer location may be eliminated by the land department. A valid lode location includes the exclusive right of possession and enjoyment of the surface within its lines and of all veins or lodes having a top or apex within its lines. A location upon the dip of a vein or lode is invalid. To be valid there must be a strict compliance with the local law providing for the manner of locating lode claims, including the new statutory requirement covering * discovery' work and marking of boundaries. (See § 6a and § 6e, supra.) FoBM OP Lode Location Notice Notice is hereby given that I, , do hereby locate and claim {fifteen) hundred linear feet of this vein or lode, together with surface ground extending {three) hundred feet in width on each side of the middle of said vein or lode and described as follows: Commencing at a post {or stone monument) where this notice is posted, which post {or stone monument) is at the point of discovery on said vein or lode and on the center line of this location, I hereby claim {six) hundred feet extending in a {southwesterly) direction along the course of said vein from said point of discovery to post {or stcne monument) at center of the {south- erly) end line of this claim, and {nine) hundred feet in a {northeasterly) direction also extending from said point of discovery to a post {or stone monument) at center of the {northerly) end line of this location. The general course of the vein or lode is {northeasterly) and {southwesterly) as near as can be determined from present developments. The {northerly) end center post {or stone monument) is situated about feet from {name some natural object or permanent monument) and thence this claim extends {three) hundred feet {northwesterly) to the {northwest) 13 — corner; thence {southwesterly) {fifteen) hundred feet to the (southwest) corner; thence {southeasterly) {six) hundred feet to the {southeast) comer; thence {north- easterly) {fifteen) hundred feet to the {northeast) corner; thence {three) hundred feet {northicesterly) to the {northerly) end center post {or stone monument), the place of beginning. That there has been erected at each corner of this claim, or the nearest point thereto, a post {or stone monument) marking such corner. The name of this claim is and it is situated in Mining District, County of , State of California. , Locator. Date Note: {No witnesses required.) {The post must he not less than four inches in diameter and the stone monument must he at least eighteen inches high.) This diagrram is intended to give a general ideal plan of location. Corner Post, or Stone Monument Corner Post, or Stone Monument OO 4; •d ► Discovery Shaft •d