Original Co. of Williams & Kellinger v. Winthrop Mining Co.

Citations

• 60 Cal. 631
• 1882 Cal. LEXIS 524

Syllabus

<p>Mining Law—Local Regulations—Customs—Instructions.—In an action of ejectment for a mining claim, the Court instructed the jury, that the location of a mining claim must not only observe the law of Congress (Act of May 10, 1872, Statutes at Large), which requires that “ten dollars’ worth of labor shall be performed or improvements made each year for each one hundred feet in length along the vein,” but also the local regulations of the miners of the district, which require “that work shall be done every sixty days on the claim.”</p> <p>Held: The Court erred; there is a clear conflict between the law and the regulations, and the law must prevail.</p>