The mining laws on this page were published in The Mines Directory Vol. 1 of 1910. These are the
laws that would have governed the mining operations in Rhyolite Nevada before it became a ghost town.
SUMMARY OF UNTIED MINING STATES LAWS
All mineral lands are open to occupation and purchase by any citizen, or he who has declared his
intention to become a citizen of the United States.
A mining claim located since May 10, 1872, shall not exceed fifteen hundred feet in length along
the vein or load and three hundred feet on side of the middle of the vein at the surface.
The locator of a mining claim has the exclusive rights of possession and enjoyment of all of the
surface of his claim and of all veins, lodes or ledges throughout their entire depth, the top or apex of which lies
inside the surface lines extended vertically downwards. The owner of a mining claim may follow his ledge should its
dip carry him beyond his side lines extended vertically down, so long as he does not trespass on the surface of
another claim; but in no case can he go beyond his end lines, which must in all cases be parallel.
No lode claim can be recorded until a vein or lode has been discovered thereon.
Where two claims cross each other the prior location is entitled to all the ore or mineral
within the space or intersection, but the subsequent location has a right of way through the space of intersection
for the working of the mine, and where two or more veins unite the oldest location takes the vein below the point
of union, including all the space of intersection.
A PATENT can be obtained on a mining claim after $500 has been expended thereon for development
or improvement, upon its being surveyed by a United States mineral surveyor, and by the payment of $5 per acre for
the land to the United States Government.
TO HOLD AN UNPATENTED MINING CLAIM, not less than $100 worth of labor shall be performed or
improvements made thereon each year, subject to the local laws of the State or rules of the mining district. Where
several claims are held in common, the whole expenditure may be made on any one claim. The period within which this
work is required to be done begins on the first day of January of the year succeeding the year of location.
MINING LAWS OF NEVADA
Location and Relocation
Statutes 1897, p. 103; Stats. 1907, p. 418.
How to Locate - What Notice Must Contain.
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 load, 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.
What Constitutes Location Work - Boundaries.
Section 2. The locator of the lode mining claim must sink a discovery shaft upon the claim
located four feet by six 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 cross-cut 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 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 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
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, when not four feet in diameter at the base, shall be
surrounded by a mound of earth or stone 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 for the date of posting the notice of location define the
boundaries of said claim by placing at each corner and at the center of each side line one of the hereinbefore
described monuments, and shall within ninety days of the date of posting said location notice perform the location
work hereinbefore prescribed.
Location Notice To Be Recorded - What Notice Must Contain.
Section 3. Any locator or locators of a mining claim, after having established the boundaries of
said claims, and after having complied with the provisions of this act wit 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 been as yet 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 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 the 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 locations of the discovery shaft or it 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 with shall not contain all the requirements
named in this section shall be void. All records of lode or placer mining claims, mill sites or tunnel rights
heretofor 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.
Section 4. [Not amended, but superseded by Act of 1907.]
What Location Includes.
Section 5. 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
continued 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.
Section 6. 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.
Relocation in Case of Defective Certificate.
Section 7. If at any time the locator of any mining claim heretofor 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 of 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