Bisbee daily review., 1903-01-25

notice of location. If the entry and possession of the relocation for the purpose of posting the notice of To- cation are rightful. then they cannot become wrongful by the subsequent re-entry of the original claimant.
 The time within which the annual labor must be performed commences on the first day of January succeeding the da.e of location, and for this pur-
 pose it should be remembered that the date of location is the date of posting the notice of location on the
 claim. It should be remembered,
 also, that the exploration work re- quired by the Arizona law when the location is made. cannot count as part of the annual labor required by the United States law to which we have referred. The former is an additional requirement, and as we have seen is a part of the process of locating a mining claim. The valua- tion placed upon the labor done or | improvements made should be req
 sonable, and according to the current
 rates. Good faith should appear in 1 the matter of expenditure.
  outside of a claim, if made for the ! purpose of developing the claim and l extracting hte ores therefrom, are
 as available for holding the claim as | if done within its limits. And. also 1 where a group of claims are held in ' common and are capable of being
 worked by one general system which | develops the whole group work so ha+ required upon all. will hold the claims. Such improvements need not be upon any of the claims. if the claims are directly benefited thereby as mining claims Chambers Ys. Harrington III, U. s. 350.
 Labor is not required to be applied
 in any particular manner so that it is
 unquestionably devoted to the claim
 It may be in digging, erection of works
 for mining. in placing machinery, or
 in buildings on the claim necessary
 for it's working. It has been held
 that a road built to the claim is labor performed and improvements made upon the claim within the meaning of the law Mount Diablo Mining Co = against Collison.
 Where mining property was idle and the improvements thereon were 2 valuable, the work of a watchman il
 protecting the same from deteriora r ton, loss or danger. has been held tt
 count for annual labor.
 But material brought upon tn mine and not used, or taken away al l ter slight use will not count. So, also a house built for the use of miners F two hundred feet from the claim } Travelling expenses in going to an' from the claim will not count, no will work done by third parties an,
 bought in.
 - And lastly as to recording an aff 2 davit of annual labor, it should b 9 stated. that the statutes of Arizon g does not require it, it merely al Q thorizes it. The Arizona law permit t this affidavit to be filed in the oftic y of the county recorder where sue
 claim is situated within three month Q after the expiration of the time ike e- for doing the assessment work and d properly prepared and filed such aff T. davit is prima facie evidence that tn g required work and mprovements wer e- done A failure to record an afidavi + does not work a forfeiture of th T. claim. and the fact may be proven D. other testimony. Its advantage, hoy is ever, in enabling the owner to pr $ serve his proof is obvious. If nC O. filed within the time required by tt ss statute, it would lost its character s iy prima facie evidence.