The customs of miners are regarded as the common law of mining,6 and their force has been recognized and continues in force by Acts of Congress.7 Mining customs must yield to Federal or State Statutes, but a mining custom, reasonable in itself, and generally observed, will prevail against a written mining regulation which has fallen into disuse.8

3 Rockwell's Spanish and Mexican Laws, p. 25.

4 Harvey vs. Ryan, 4 M. R., 490

42 Cal., 626.

5 Riborado vs. Quang Pang M. Co., 6, p. 125.

6 Watervale Min. Co. vs. Leach (Ariz.), 1893), 33 Pac. Rep., 418; Rosenthal vs. Ives, 2 Idaho, 244.

7 Eberle vs. Carmichael, 8 N. Mex. 169; King vs. Edwards, 1 Mont. 235; Mountain Silver Min. Co. vs. Willis, 127 U. S., 471.

8 Harvey vs. Ryan, 4 M. R., 490. 42 Cal., 62.