The copper era., 1910-05-20
Recent Minnie Decisions.
Prepared for The Mining Review.)

Relocation-Where locators of a
placer mine are at most in constrse.
tive possession emily tteir location
must be valid, TO be effectual against
One who seeks to relocate the ground,
-Saxton v. Perry. Supreme Court
of Colorado, 1O7 Pacific Isl.
Title by Adverse FessessioH-To
acquire title 80 mining claim by
prescription, possession of the prop
erty must not only be hostile, but
must be exclusive, continuous, and
uninterrupted for a period of ave-
years prior to the eemmehcement of
the action, ard any interruption of
ire adverse possession within the five
years prevents the acquisition of
title by prescription.-Big Three
Min. & Mill Co. Y. Hamilton.
Supreme Coaft IF California, 1O7
Pacific Sol.
Repeal of State Lava mining
location made while the law of 1901
(St 1897, p. PA, c. 159) was in force,
but invalid for noncompliance With
the provisions Of that law, is still
valid location, providing the pro-
visions of the mining laws of the
United States States haye been com
piled with, and there are 10 interven-
ing rights before the repeal of the
state law, and the claim has been &C.
cupied, held, aud worked up to the
time of and after such repeal.-Big
Three Min. & Min. Co. v. Hamilton.
Supreme Court of California, 10Y Pa
tihc 3Ol
Replevin of Mine Tools-A contract
for the sale of a mine provided that,
in case of forfeiture, the seller Should
be entitled to all tools and machinery
used on the premises. In anticipation
| OF Forfeiture, the buyer removed the
tools and subsequently sold them to
B., who stored them in a cabin be-
longing to another. The sellers, OBJ
tanning title to the cabin or securing
authority from the owner, placed a
lock on the door thereof. B. removed
the goods from the cabin. Held,
that such acts did not give the sellers
lawful possession of the goods, so that
they could maintain feple7in against
B. without demand. Albright v.
Browne. Supreme Court of Oregon,
lo7 Pacific ass.
Marking Boundaries-The federal
statutes require that, when a dis
covery has been made within the
limits of the claim sought to be
taken, the location be distinctly
marked on the ground, so that the
boundaries may readily be traced
and that the record of the location
shall contain the names of the loca.
tors, etc, and such a description OF
the claim, by reference to some ma.
tural or permanent monument, as will
identify the claim. Held, that the
requirements of Mills Ann. St. Sec
3136, that before filing location Ger,
tificate, notice on such claim, and
marking the surface boundaries with
substantial posts at each angle of the
claim, are not invalid as in conflict
with the federal statute, but merely
adds to it's general terms, as by in
ference it had the right to do by Rev.
st. Sections 1922, 1924, ~. S. Comp
St. 1901, PIP. 1925, 1426-Saxton v.
Perry. Supreme Court of Colorado,
107 Pacific PSI.
Requisites to Relocation-Laws
1899, c. 45, is entitled can act provid
i1o for +ba ,1oaoar of Ioo,+;uo- ,.5
holding lode and placer mining claims,
prescribing authority of mining dis,
tricts," and; Section prescribes the
duties of the discoverer of the lode:
notice of discovery, to locate this
claim by sinking a discovery shaft
upon the lode to the depth of ten
feet; Section s provides that the re-
location of forfeited or abandoned
quartz or lode claims "shall only be
made by sinking a new discovery
shaft and fixing new boundaries in
the same manner and to the same ex
tent as is required in making a new
location" or sinking the original dis
coyery shaft ten feet deeper than it
was: and Section provides that the
provision herein relating to discovery
shafts shall not apply to any mining
location west of the summit of the
Cascade mountains. Held, that
Section 9 applied to relocation of for
feited or abandoned quartz claims I'M
der Section s, as well as to original
locations, so as to excuse the sinking
of discovery shaft upon relocation
of a forfeited or abandoned claim
west of the summit of the Cascade
mountains.-Nation Mill. & Min Co
v. Piccolo. Supreme Court of WASH
ington, 1O7 Pacific 1853.
Court At Tombstone.
The following prisoners were ar
ranged and entered pleas:
Julian VaSoueZ indicted for hur.