Weekly journal-miner., 1911-03-01
LEGAL WAY TO HOLD
 MINING LOCATIONS
San Francisco Lawyer Gives Opinion On Steps Necessary to Own Claims
 Under United States Laws

llOHS, SlTuCIufe eTecItu tO WOfh the claim, or to preserve personal prop erty, but not when he merely lives upon the claim or warns others from locating it, are deemed sufficient per fomance of annual labor. The ser vices of a person employed in plan ming or experimenting the develop ment of a claim. and the erection of a mill and machinery, but those of an agent or accountant, or a person whose time is spent in endeavoring to obtain money for the development of the claim, will not be sufficient. By Whom Expenditure May Be Made.
 The expenditure may be made by the locator, his heirs, assigns or legal representatives, by someone who is in privity herewith; or by someone who has an equitable or beneficial in terest in the location. A stocknolder of a corporation claiming the proper ty, or a receiver appointed by court are within this rule If the work be done by trespasser or a stranger to the title, it will not insure to the benefit of the claimant, but it may be gratuitOusly contributed. The presumption is that the assessment work was done at the expense of the claimant
 In California, as in other mining states, the local law provides for the making, contests, recording and legal effect of affidavits of annual expen- diture. When recorded within 30 days after the expiration of the "as- sessment year." such an affidavit presents prima facie evidence of the facts properly stated therein; but it does not prevent other proof by the claimant or attack of his adversary.
 Neither the failure to record the affidavit. nor mistake therein, will work forfeiture of the claim.
 Forfeiture of Claim.
 The failure to perform the annual labor is not necessarily fatal to the rights of the claimant The law does not provide for a forfeiture merely because of such default. The loca- tion is forfeited only when the ad- verse rights of third parties, by valid relocation, attack thereto.
 Excuse for on-Performaace.
 Forcible adverse possession or threats in the face of a bona fide attempt to do the work or make the improvements will not defeat the rights of the true owner.
 But the mere tendency of patent proceedings prior to payment for the land, the obtaining of a receivers receipt thereon through fraud, the pendency of court proceedings or the rendition of a judgment therein, are not sufficient grounds for non-per- formance of the annual expenditure.
 Resumption of Work
 To "resume work'' is to begin work in good faith, and diligently prosecute the same to completion be- fore adverse relocation is perfected. In such event the rights of the claim ant are precisely what they were be- fore default.
 Work ia not "resumed' by the mere purchase of material nor the mere bringing of the same upon the claim. Assessment Work Not Equivalent to
 Discovery.
 In conclusion it must be borne in mind (partieularly by oil land min 1. ers) that annual expenditure is not the equivalent of statutory discovery. A claim lacking discovery is an incomplete and imperfect location, and cannot be held as against valid, : adverse relocation because of cabin. ] lumber pile, or unused derrick. etc, placed therein. But assessment work ' may, in proper cases, be counted in patent proceedings, and, after the issuing of the receivers receipt in patent proceedings. no further an nual expenditure is necessary upon the claim.