In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this State, must govern the decision of the action.
§ 748.Customs, Usages Or Regulations In Actions Respecting Mining Claims
Title 10. Actions In Particular Cases · Chapter 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 748 requires courts hearing actions about mining claims to admit evidence of the customs, usages, or regulations established at the mining district embracing the claim, and to apply those customs and regulations to decide the action so long as they don't conflict with California law.
Full Text of § 748
Plain-English Summary
Mining claims have long been governed as much by local custom as by statute, and § 748 preserves that tradition inside the courtroom. In actions respecting mining claims, evidence must be admitted of the customs, usages, or regulations established and in force at the bar or diggings that includes the claim in dispute.
Those customs and regulations don't just come in as evidence — they govern the decision of the action, provided they don't conflict with California law. Where local mining custom and state law diverge, state law controls.
Frequently Asked Questions
What kind of evidence must a court admit in a mining claim dispute?
Evidence of the customs, usages, or regulations established and in force at the bar or diggings embracing the claim.
Do local mining customs really control the outcome of the case?
Yes, so long as they're not in conflict with the laws of California — in that case, they must govern the decision.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: mining claim custom evidence californiamining district regulations lawsuit