miners. District laws were published on the county records,. and when not in conflict with any state or territorial statute were recognized and enforced by the courts; see Laws Col., Sec. 2127, (Miscellaneous.) But in Colorado they are now practically obsolete, except with respect to old locations and for the purpose of locating and describing claims, the state and federal laws being so comprehensive as to leave little room for them. A form of district rules and organization of mining districts is given under Laws of New Mexico. In Colorado all local rules seem to be abolished by the Act of 1868; see Col. Stat., Sec. 2127. (Miscellaneous.) Mining Districts vary in extent of area, and their boundaries have no uniformity. In describing unsurveyed lands they take the place of townships, sections, etc. LOCATION OF CLAIMS-LENGTH AND Width of LODE CLAIMS-PARALLEL END LINES. SEC. 2320. Mining-claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining-claim located after the tenth day of May, 1872, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining-claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim. shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regula tion to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, 1872, render such limitation necessary. The endlines of each claim shall be parallel to each other. -May 10, 1872. Col. Stat., Sec. 1811 et al. A Mining Claim is defined by the United States Supreme Court as the possessory right to explore and work the mine under the existing laws and regulations on the subject." 4 C. L. O., p. 58. A Vein or Lode is a body of mineral or mineral bearing rock within defined boundaries in the general mass of the mountain. Iron Silver Mining Co. vs. Cheeseman et al. Law Reporter, vol. 1. p. 461. The terms Vein, Lode or Ledge, are used synonymously, or nearly so, in law. Law of Possession-Discovery.-It is provided in the foregoing section that “ no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located." But it is a common custom to stake out and locate claims before such discovery, and, according to a recent decision of the United States Circuit Court, such a location gives to the claimant a possessory title to the full extent of the claim, and may be held by him for an indefinite period, while he remains in occupation of it, searching for mineral. But to preserve his right to the claim he must not suffer another to stake a claim or prospect within his boundaries prior to a discovery by him. The decision in full (by Judge Miller) is as follows: “This cause is submitted on an agreed state of facts to the effect that the ground in controversy is covered by the surface lines of the Orion claim, located by plaintiff, and also of the Pendery claim located by defendant; that both locations are regular as to form; that the Orion was first located, surveyed and staked; that the locators have steadily prosecuted work in the devel That opment thereof, and have discovered mineral in place. the discoverers of the Pendery, located subsequently to the Orion and while the locators of the latter were in possession thereof, also prosecuted work and discovered mineral in place, before the discovery by the locators of the Orion. The question submitted to the Court is this: Can prospectors on the public mineral domain acquire any right in which the law will protect them prior to the discovery of mineral in rock in place? And if so, can plaintiffs, being prior locators, recover against defendants, who first discovered mineral on the ground in controversy? It is the opinion of the Court that inasmuch as the plaintiffs allowed the defendants to enter upon their claim, and within their boundaries, and there sink a shaft, in which they discovered mineral in rock in place before a discovery by plaintiffs, and make location thereof without protest, the defendants now have the better right. But the plaintiffs might have protected their actual possession of their entire claim, by proper legal proceedings prior to the discovery of mineral by the defendants, or by either party. A prospector on the public mineral domain may protect him. self in the possession of his pedis possessionis while he is searching for mineral. His possession so held is good as a possessory title against all the world, except the government of the United States. But if he stands by and allows others to enter upon his claim and first discover mineral in rock in place, the law gives such first discoverer a title to the mineral against which the mere possession of the surface cannot prevail, and in this case judgment must be for the defendants." Crossman et al. vs. Pendery et al., U. S. Circuit Court for Colorado. Law Reporter, Vol. I, p. 496. This decision is one of great importance, being contrary to the interpretation of the law which has heretofore commonly been received, and seemingly in direct conflict with previous rulings of Judge Hallet in the same Court, as expressed in his charge to the jury in the case of Zollar's and Highland Chief Consolidated Mining Co. vs. Seth Evans, Oct. Term, 1880, as follows: "On the public domain of the United States a miner may hold the place in which he may be working against all others having no better right. But when he asserts title to a full claim of 1500 feet in length and 300 feet in width, he must prove a lode extending throughout the claim." [Law Reporter, Vol. 1, p. 217. Judge Miller's decision, being the latest utterance of the Court upon this question, is now the law. It is difficult to reconcile the decision with the provision of the statute before quoted, that "no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located." Perhaps the construction is that no location shall be completed by record of the location certificate, until such discovery, and that the posessory right which the claimant has prior to that, is something outside of this statute and which is allowed by a former law. See Ante, Sec. 910. County Legislation.-In Colorado the area of lode claims allowed by law is not uniform in all counties; being in the older counties of Gilpin, Clear Creek, Boulder and Summit, 1,500 by 150, and in others 1,500 by 300 feet. 66 'such as See Col. Stat., Secs. 1811 and 1812. Rock in Place.-" Rock in Place" is held to mean lies in a fixed position in the general mass of country rock," as distinguished from loose deposits, having no wall rocks. The latter can be made the basis of a placer claim only. Stevens and Leiter vs. Williams et al; Van Zandt vs. The Argentine Mining Co., June 16, 1881; Law Location by a Minor.-A location made by a minor is valid. 7 C. L. O. 179. On Sunday.-Locations made on Sunday are valid, unless contrary to some local law. PROOF OF CITIZENSHIP. 8 C. L. O., p. 3. SEC. 2321. Proof of citizenship, under this chapter, may consist, in the case of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge, or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any state or territory thereof, by the filing of a certified copy of their charter or certificate of incorporation.-May 10, 1872. No Distinction of Sex.—Mining claims may be located and held by both males and females, upon compliance with the laws. 4 C. L. O. 179. Aliens cannot locate mining claims, but those who have declared their intention to become citizens, stand upon the same footing as citizens. Declaration of intention, filed after location, entitles one to make application for patent. NATURE AND EXTENT OF TITLE, BOUNDARIES. SEC. 2322. The locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists, on the tenth day of May, 1872, so long as they comply with the laws of the United States, and with state, territorial and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface-lines extended downward vertically, although such veins, lodes, or ledges may so depart from a perpendicular in their course downward as to extend outside the vertical side-lines of such surface locations; but their right |