The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-12-31
REPRESENTATION LABOR.
Laws Governing Locations and As.
sesSment Work.

Au OAN MAuCIS SlSAtuk uluScA
"Prospector," writes to the MINEI
TOR information respecting mining
rights, particularly such as effect
valid locations and assessment work
We publish the folio wing, which may
be of interest to others besides "Pros-
pector."
By an Act of Congress approved
January %, 1880, the period .allowed
fer the first annual expenditure re-
quired by Section 2, ,324, United States
Revised Statutes, is one year from
the first day of January succeeding
the date of location, and this provis-
ion is made applicable to all locations
made subsequent to May 10, 1872.
For example: If a claim was located
January l, 1879, or at any date during
that year, the locator had from jan
uary /, 1880, until December 81 of
the same year to do bis assessment
work; and for each year afterwards
until the claim was or Is patented,
the annual assessment had to be
done within the fiscal year, dating
from the first day of January. Say
that such work had been performed
during the years 'S1, '82 and '83, and
neglected during the present year,
(l884 the claim would be subject to
relocation on the second day of jan
uary the next year, 1855, and not
before that date.
There is no law compelling the
locator of an abandoned claim to
make any statement in his notice of
location, by which it would be known
that such claim had been previouly
owned under another title, but such
statement should be made in an ap-
plication for a patent.
On claim located at any time dur>
ing the present year (18S4). it will
not be necessary to pefrrm the as
sessment work until 1885, but it must
be done within that year.
If the assessment work is perform
ed during the year 1885, the claim
will not he subject to relocation until
Jan. 2, 1887.
I j. B. Williamson, Commissioner of
the General Land Office, in a letter
under date of March 20, 1880, gave
the second day OF January as the day
10 locate. Some lawyers agree with
him, but others are of the opinion
that the time meant by law is within
the fiscal year, which ends Dec. 81 at
midnight, aud the commencement OF
the time for relocation is the first
minute of the New YEARS. day.
j; Miners pretty generally understand
that to hold title to unpatented
ground ut least 500 worth of labor
or improvement must he placed upon
or applied to each claim thus held.
They regard the last dyy of each cal
ender year as the expiration of the
legal time for assessment work for
that year, and all claims urOn which
this required labor or Improvement
has not been done are open to reloca-
tiop. The proof of annual labor per-
formed is an essential act to keep the
chain of title intact, and should not
be neglected. This is done by affi-
davit and should be recorded. The
neglect to file proof of labor, where
the same has been faithfully per-
formed, would not render the claim
legally open to rel )catiOn, but the
record can easily be made immedi-
ately after the assessment, and might
be difficult to establish months after
ward if dispute should arise in ref
erence thereto. These are simply
precautionary proceedings which
when complied with often prevent
embarrassing complications.
We wish to call attention to anOth-
er point which frequently arises and
is puzzling to the parties in interest.
Supp Sc there are three equal owners
of claim, and one of them performs
all the labor him. self or has it done
at his individual expense, and noti-
ties his partners to this effect. Now,
if one of the remaining partners pay
his full proportion of the assessment
and the other refuses 80 to do, his in
terest would be forfeited to the pt r
sou doing the work, and would not
be joint property, even if the partner
who had paid his proportion, but
had not done any work. should ten
der to his remaining partner the one
half price of the labor on the one
third Interest that had been forfeited.
On this point Morrison's Mining
Rights" says: "The presumption in
law is always against forfeiture, and
the party who claims it must be pre-
pared to make his proof in such case;
therefore, besides recording the no.
tice, with affidavit of publication,
the party should make declartlon Of
the facts in the case under which he
claims forfeit, verify and record the
same, not that such would be evil
dence, but as furnishing notice to
purch asers and also a record which
the Land Office would doubtless re-
ceive in applications tor patents or
upon adverse claim. Land OWner +.