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J. Ross (John Ross) Browne.

Reports upon the mineral resources of the United States [electronic resource]

. (page 36 of 55)


The following regulations for the placer mining district of Columbia, Tuolumne
county, California, are considered to be as good as any in the State :

ARTICLE 1. The Columbia mining district shall hereafter be considered to
contain all the territory embraced within the following bounds : Beginning at
the site of M'Kenny's old store, on Springfield flat, and running in a direct line
to a spring on a gulch known as Spring gulch said gulch running in a south
ern direction from Santiago Hill. Thence, in a direct line from said "spring, to
the angle of the road leading from Saw-mill flat to Kelly's ranch, near Wood's
creek. Thence, running along the ridge on the west of Wood's creek, to the
southern bounds of Yankee Hill district. Thence, following the ridge, to the
high flume between Columbia and Yankee Hill. Thence, following the New
Water Company's ditch, to Summit pass. Thence, in a direct line to the head of
Experimental gulch including said gulch. Thence, following the upland, to a
point opposite Pine Log crossing. Thence, following the upland, to the head of
Fox gulch, and including said gulch. Thence, following the upland around, the
head of Dead Man's gulch, to the site of the Lawnsdale saw-mill. Thence in
a direct line to the place of beginning.

ART. 2. A full claim for mining purposes, on the flats or hills in this district,
shall consist of an area equal to that of one hundred feet square. A full claim



WEST OF THE EOCKY MOUNTAINS. 239

on ravines shall consist of one hundred feet running on the ravine, and of a
width at the discretion of the claimant, provided it does not exceed one hundred
feet.

ART. 3. No person or persons shall he allowed to hold more than one full
claim, within the bounds of this district, by location ; nor shall it consist of more
than two parcels of ground, the sum of the area of which shall not exceed one
full claim ; provided nothing in this article shall be so construed as to prevent
miners from associating in companies to carry on mining operations, such com-
panies holding no more than one claim to each member.

ART. 4. A claim may be held for five days after water can be procured at
the usual rates, by distinctly marking its bounds by ditches, or by the erection
of good and sufficient stakes at each corner, with a notice at each end of the
claim, followed by the names of the claimants, and by recording the same ac-
cording to the provisions of article 10.

ART. 5. When a party has already commenced operations upon a claim, and
is obliged to discontinue for want of water, or by sickness or unavoidable acci-
dent, the presence upon the ground of the torn and sluices, or such machines as
are employed in working the claim, shall be considered as sufficient evidence
that the ground is not abandoned, and shall serve instead of other notice; the
bounds of the claim still being defined, except so far as the marks may have
been obliterated by the work which has been done, or by other causes.

ART. 6. Claims shall be forfeited when parties holding them have neglected
to fulfil the requirements of the preceding articles, or have neglected working
them for five days after water can be procured at the usual rates, unless pre-
vented by sickness or unavoidable accident, or unless the miners have provided
by law to the contrary.

ART. 7. Earth thrown up for the purpose of washing shall not be held dis-
tinct from the claim from which it was ta.ken, but shall constitute part and par-
cel of such claim.

ART. 8. Water flowing naturally through gold-bearing ravines, shall not be
diverted from its natural course without the consent of parties working on such
ravines ; and when so diverted, it shall be held subject to a requisition of the
party interested.

ART. 9. No Asiatics shall be allowed to mine in this district.

ART. 10. Any or all claims, now located, or that may be located and worked,
can be laid over at any time, for any length of time not to exceed six months,
by the person or persons holding the same appearing before the recorder of the
district, with two or more disinterested miners, who shall certify over their own
signatures that the said claim or claims cannot be worked to advantage, and by
having the same recorded according to the laws of the district, and by paying a
fee of one dollar; provided each claimant shall sign the record in person or by a
legal representative, stating at the same time that said claim is held by location
or by purchase.

ART. 11. There shall be a recorder elected, whb shall hold the office for one
year from the date of his election, or until his successor be elected, whose duty
it shall be to keep a record of all miners' meetings held in the district; to record
all claim's, when requested by the claimants, in a book to be kept for that pur-
pose, according to article 10 ; and to call miners' meetings, by posting notices
throughout the district-, when fifteen or more miners of the district shall present
him with a petition stating the object of the meeting, and paying for printing
notices ; provided that, in the absence of the recorder, the above-named number
of miners shall not be disqualified to call a meeting, at the place specified in ar-
ticle 16. He shall at all proper times keep his record book open for inspec-
tion.

ART. 12. No company or companies of miners, who may occupy the natural
channel through any gulch or ravine for a tail-race or flume, shall have the ex-



240 RESOURCES OF STATES AND TERRITORIES

elusive right of such channel, to the exclusion of any company of miners who
may wish to run their tailings into the same.

ART. 13. Any party Or parties locating claims in gulches or ravines where
such flumes or tail-races exist, shall first confer with the party or parties owning
said tail-races or flumes, for the use of the same on such conditions as they may
agree upon ; and in case of a disagreement, each party shall choose two disinter-
ested miners, and the four shall choose a fifth, who may determine the matter or
matters in dispute.

ART. 14. Any company or companies of miners shall have the right to run
their water and tailings across the claim or claims below them, if it can be done
without injury to the lower claims.

ART. 15. The limits of this district shall not be changed without the con-
sent of a regularly called mass meeting of the miners of the district.

ART. 16. No miners' meetings held outside of Columbia, for the purpose of
making laws to govern any portion of the district, or to amend these laws in any
manner, shall be considered as legal.

ART . 17. All mining laws of this district, made previous to the foregoing,
are hereby repealed.

13. PLACER REGULATIONS OF NORTH SAN JUAN DISTRICT.

ARTICLE 1. The boundaries of the district of San Juan shall be as follows :
On the east the public road leading to Hess's crossing; on the south the road
leading from the village of San Juan to Kentz's tavern, and the ravine extending
thence to Hatfield's crossing on the Middle Yuba ; and on the west and north
the Middle Yuba.

ART. 2. The dimensions of a mining claim in this district shall n,ot* exceed
one hundred and eighty feet in length by eighty feet in breadth.

ART. 3. No person shall be entitled to more than one claim by location, but
the right to hold by legal purchase shall be unlimited.

ART. 4. To indicate possession of any claim or claims it shall be the duty of
the owner or owners thereof, if not habitually at work thereon, to post on some
conspicuous part of such claim or claims a notice stating the boundaries and di-
mensions thereof, and his or their intention thereon ; and also to designate the
prominent lines or corners thereof by suitable stakes or blazes. But in a claim
or set of claims whereon work is being regularly performed, the presence of the
owners thereof, or their representatives, shall be deemed a sufficient excuse for
the absence of the notice hereinbefore specified.

ART. 5. It shall be the duty of the owners of all that class of claims specified
in the first clause of article 1 (i. e., those wherein work is not being regularly
performed) to renew their notices once in every thirty days, except in the ab-
sence of water from the diggings, when it shall not be necessary.

ART. 6. If a person or persons in prospecting any claim or set of claims shall
have expended thereon the sum of five hundred dollars in money or labor, (labor
to be estimated at the rate of wages current at the time,) his or their right to
such claim or claims shall be secure for the period of two years from the time
such expenses were incurred ; but after the expenditure of the said two years
said. rights shall be subject to the restrictions specified in articles 4 and 5 of these
laws.

ART. 7. It shall be the duty of a recorder to be elected annually by the mi-
ners of the district ; to make a record on application of the owners of the boun-
daries and dimensions of each and every claim or set of claims in the district,
for which he shall be entitled to a fee of fifty cents for each record. On the
sale or transfer of any claim in this district it shall be the duty of the purchaser
to have such sale or transfer recorded.

ART. 8. It shall be the duty of all owners of claims that have been located or



OF THE ROCKY MOUNTAINS. 241

purchased previous to the date of this meeting to have such claim recorded on
or before the first day of December, A. D. 1854, and all claims located or pur-
chased after the date of this meeting shall be recorded within oue week from the
time of said location or purchase.

The above regulations were adopted on the 5th November, 1854. North San
Juan is the largest hydraulic mining district in California.

14. PLACER REGULATIONS OF PILOT HILL.

The following are the regulations of the placer district of Pilot Hill, Calaveras
county, California :

SECTION 1. Each tunnelling and shafting claim shall consist of one hundred
feet in width to the man, and running through the hill on a parallel line with the
commencement of the tunnel.

SEC. 2. That each company holding tunnel or shafting claims, in order to
hold the same, shall be required to perform work to the amount of twenty-five
dollars each week for a period not to exceed twelve months.

SEC. 3. That each gulch claim shall consist of one hundred and fifty feet
in length by fifty in width to each man.

SEC 4. That each surface claim shall consist of two hundred feet in length
by one hundred feet in width to the man.

SEC. 5. That each gulch aud surface claim shall be worked within three
days after the date of location, if water can be obtained.

SEC. 6. That each tunnelling, shafting, gulch, and surface claim shall be
marked off by stakes, or other marks, so that the boundaries of each claim can
be distinctly traced.

(Pilot Hill and Kanaka Camp are not important districts, but their regulations
are peculiar in some respects, and are therefore given here.)

15 REGULATIONS OF NEW KANAKA CAMP.

The following are the regulations of New Kanaka Camp, inTuolumne county :

ARTICLE 1. [This article describes the boundaries of the district ]

ART. 2. Creek claims shall be two hundred feet in length, and from bank to
bank.

ART. 3. Gulch or ravine claims shall be two hundred feet in length and fifty
in width.

ART. 4. All claims on bars or flats shall be two feet in length and fifty feet
in width.

ART. 5. It shall be required that all claims be worked one full day in three,
when permanent water can be had, except in cases of sickness or legal cause.

ART. 6. All miners are entitled to one claim by pre-emption and one by
purchase ; provided such claims purchased shall be, on investigation, found to
have been obtained in a legal or bonajide manner.

ART. 7. Chinamen shall not be allowed to own claims in this district, either
by purchase or pre-emption.

ART. 8. All persons who find it necessary to cut a tail-race to their claims
shall have the privilege of cutting through any ground below them, owned by
other parties, provided it will not result to the injury of such parties.

ART. 9. It shall be required of all persons owning claims in this district to
designate the boundaries of said claims by digging a trench around the same.

ART. 10. All disputes arising in regard to mining shall be left to arbitration,
each party to choose one man, and, in case of disagreement, they to choose an
umpire.

ART. 11. Arbitrators in all cases, for services, shall be paid for all time -
sumed at the rate of three dollars per day.
H, Ex. Doc. 2916



242 RESOURCES OF STATES AND TERRITORIES

ART. 12. All claims may be laid over, by having the same recorded, from the
time ditch-water fails until it can be obtained again.

ART. 13. A recorder shall be chosen, whose duty shall be to keep a book of
records, with the number of each claim recorded, from one to an unlimited
number. It shall also be the duty of said recorder to go on to each and every
claim recorded and post at either end of each claim a piece of tin, with the'
number stamped thereon, corresponding with the number on the book of record,

16. REGULATIONS OF THE COPPEROPOLIS (COPPER) DISTRICT.

ARTICLE 1. This district shall be known as the Copper Canon district.

ART. 2. The boundaries of this district shall be as follows, viz : Bounded on
the north by the Angels' trail, east by Empire district, south by the O'Byrne
Ferry district, and west by Black Oak, Four Spring Run, and Four Spring
district.

ART. 3. A. miner shall be entitled to one claim by location on a lead of one
hundred and fifty feet in length and three hundred feet in width. Any miner
discovering a new lead or vein shall be entitled to an extra claim of the above
extent.

ART. 4. Claims shall be duly staked at each end, with at least one notice
posted in a conspicuous place on the claim, with all the claimants' names
therein, and such a notice shall be posted up as aforesaid once a year at least,
and during the month of August, in the presence of witnesses.

ART. 5. Companies of miners having adjoining claims, and working together
only one of such claims, shall hold good the balance of claims.

ART. 6. All claims, whether obtained by location or purchase, shall be
represented in person or by proxy whenever they can be worked in conformity
with the laws hereby prescribed.

ART. 7. There shall be one day's work done on each claim, or company's
claim, once a month, commencing on the 1st of May and terminating on the 1st
of December.

ART. 8. No claim shall be forfeited by sickness or legal inability of the
claimant.

ART. 9. There shall be a recorder elected, whose duty it shall be to keep a cor-
rect copy of all claims in the district. It shall be the recorder's duty to visit the
claims in person, and give an accurate description, landmarks, and also names
of company occurring therein. His fee shall be fifty cents per claim.

ART. 10. When any dispute shall arise respecting claims in the district, each
party shall select a disinterested miner to act as arbitrator to settle the matter
in dispute, and if said arbitrators shall be unable to agree they shall choose
another miner or referee, whose decision shall be final. All arbitrators t and
referees shall be chosen from the miners of this district.

Adopted August 3, 1860.

17.-STATUTE OF NEVADA CONCERNING MINING CLAIMS.

The following are the main sections of a statute of the State of Nevada
approved February 27, 1866 :

SECTION 1. Any six or more persons who are males of the age of twenty-one
years and upwards, holding mining claims in any mining district, or who hold
mineral lands not within the boundaries of any established mining district, may
form a new mining district embracing said claims, at a meeting of such persons
to be called by posting for five days in at least five conspicuous places within
the limits of such proposed new district notices in writing stating the place and
time for holding such meeting, describing as near as may be the limits of such
proposed new district, and signed by not less than five of such persons. At



WEST OF THE ROCKY MOUNTAINS. 243

said meeting all males of the age of twenty-one years and upward holding
mining claims, or anyinterest therein, within said limits, may vote, and by a
majority vote determine whether said new mining district shall be established,
and its boundaries, which shall be within the limits named in said notices ; and
thereafter the persons so qualified and holding mining claims in such newly
established district shall proceed to select a name therefor and elect a district
recorder, who shall be qualified as aforesaid. He shall perform all the duties
required of him by law, and shall, within thirty days after qualifying, file and
record in his office a record of the proceedings of said meeting. No district
formed under the provisions of this act shall be divided by any county line.
Mining districts now existing may be continued.

SEC. 22. On and after the second Saturday of July, 1866, all locations ot
mining claims shall be made in the following manner : On a monument not less
than three feet high, firmly established in a conspicuous place on the claim,
there shall be placed a plainly-written notice embracing a description of the
ground claimed, the date of location, the name of the claim, the name of the
company, and the names of the locators, with the number of feet claimed by
each, and a copy of said notice, accompanied by a written request for a survey
of said claim by the district recorder, shall, within thirty days after the making
of such location, be filed in the office of the district recorder of the district in
which said claim is located ; and in case there be no legally authorized district
recorder in and for the district, or the claim be outside of the limits of an organ-
ized mining district, then, and in that case, said notice may be filed in the office
of the county recorder of the county in which said claim is located ; and a written
request for a survey by the county surveyor shall be served upon the county
surveyor within a reasonable time thereafter; the county surveyor, or his
deputy, shall perform all the duties required of a district recorder by the pro-
visions of this act. Pie shall keep a record of all his transactions in such cases,
-and for such services he may charge and receive the same fees allowed by law
for his services in like cases. Within thirty days after the making of such loca-
tion there shall be done on said claim, as assessment work, to hold the same up
to and including the day preceding the first Saturday of the then following
August, excavation involving the removal of fifty cubic feet of earth or loose
material, or five cubic feet of solid rock, for each two hundred feet in the claim ;
and, as soon as may be thereafter, said district recorder shall survey the same
and record the notice of survey as provided in section 14 of this act; and said
district recorder shall file and record a certificate in regard to the assessment
work, which shall be substantially in the following form :

DISTRICT, COUNTY, NEVADA, DAY OF MONTH

OF YEAR.

This is to certify that on the claim governed by the company,

surveyed on date, there has been done by or on behalf of said company

sufficient work to hold said claim up to the first Saturday of August next.

, District Recorder.

SEC. 23. Any person may locate mining claims in favor of others, but no per-
son shall be entitled to hold by location more than two hundred feet of any one
ledge, except by virtue of discovery of the same, for which he shall be entitled
to hold two hundred feet additional. In the case of locations made as exten-
sions, the location of two hundred feet by virtue of discovery is allowed. No
claim shall, in the aggregate, exceed in extent two thousand feet on any one
ledge.

SEC. 24. Any location made on a ledge by authority of this act shall be
deemed to include all the dips, spurs, angles, and variations of said ledge. The
locators of any ledge shall be entitled to hold one hundred feet on each side of



244 EESOURCES OF STATES AND TERRITORIES.

the same, not interfering with the mining rights previously acquired by others,
and all dips, spurs, angles, variations, veins, cross-ledges, strings, and feeders
within such area of two hundred feet, by the extent of the claim on the sup-
posed "line of the ledge as located, shall be considered as claimed and held by
gaid locators as a part of said ledge, and no ledge in any claim subsequently
located shall be followed and worked within the said area without the permission
of the holders of said area. All measurement of boundaries shall be horizontal
air-lines. Nothing in this act shall be so construed as in any manner to change
the amount of ground that may be held in any mining claim located and held in
accordance with district mining laws, but on and after the first Saturday of
August, 1866, all such claims shall in all other respects be subject to the pro-
visions of this act. Locations may be made on blind ledges in the same manner
as on cropping ledges, and any person, company, or corporation finding a blind
ledge in any excavation made by him or them shall, for ten days after finding the
same, have the exclusive privilege of locating the same.

SEC. 25. No person shall become a locator in more than one claim on the same
ledge, and any second location made on the same ledge by or in the name of a
party already located on such ledge shall be void.

SEC. 26. The holders of any claim shall have the right to use so much of the
land in the vicinity thereof as may be requisite for dumps, for the erection of
the necessary buildings, machinery, and other works connected with said claim,
and for the convenient development and working of the same. And in the de-
velopment and working of the said claim they may sink shafts and inclines, and
run drifts, tunnels, and cuts on any lands in said vicinity, but the prior owner
of such lands shall be entitled to reasonable compensation for all damages sus-
tained by reason of such dumps, the erection of such works, or the conducting
of such operations. If the prior owners of any such lands have duly claimed
the same as mining ground, they shall be entitled to all the ores taken out in the
course of such operations, and shall not be interfered with in the conducting of
their own mining operations on their own claims. The amount of such compen-
sation shall be determined by a majority of three commissioners, one of whom
shall be appointed by such prior owners, one by the party engaged in such de-
velopment or working, and one by the two thus selected. The amount so fixed
shall, within fifteen days after the fixing of the same, be paid to said prior own-
ers, or deposited in the county treasury, subject to the order of said prior owners.
Said commissioners shall, before entering upon their duties, take and subscribe
to an oath, before some person duly qualified to administer the same, to make a
true appraisement thereof according to the best of their knowledge and belief.

SEC. 30. For the purposes of this act the term " foot/' when used without
qualification in relation to mining ground, is hereby declared to mean twelve
lineal inches, horizontal air-line measurement, on the line of the ledge as located;
the term "assessment work" is hereby declared to mean the work done partly,
in order to hold a claim, and involving the excavation of fifty cubic feet of
earth or loose matter, or five cubic feet of solid rock, for each two hundred feet
in the claim ; the term " assessment dues " is hereby declared to mean two
cents for each foot in a claim, to be paid for the purpose of holding the same one
assessment year; and the term "assessment year" is hereby declared to mean
the period extending from and including the first Saturday of August of one
year to and including the day immediately preceding the first Saturday of
August of the following year. ' The doing of assessment work or the payment
of assessment dues shall be regarded as evidence of intention to hold the claim
on which or with reference to which the same was done or paid, for the period
for which the same was done or paid. The payment of assessment dues shall
be in lieu of the assessment work heretofore usually required as an evidence of
intention to hold a mining claim for a specified period; and such payment shall
not be required in any case where the holders of a mining claim are in good



WEST OF THE ROCKY MOUNTAINS. 245

faith, and to the extent specified in section thirty-two of this acf, engaged in
developing or working the same.

SEC. 31. On the first Saturday of August, 1866, at which time the first as-

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