White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1911-03-19

or other works of a building. if of
benefit to the claim, n not too dis
tant therefrom, or the building of
a road may be sufficient.
Reasonable compensation may be
allowed for the use of or for the
sharpening of tools used, but not
the purchase price thereof; the
value of powder, fuse, candles, rails
and timbers actually used, but not
for cost of transportation thereof,
may be counted; reasonable ON
%pensaaion for the daily use of horses
employed in drawing cars, or in
raising ore, etc. but not their cost.
livery hire, feed or shoeing, may be
treated as labor performed; the rea-
sonable value of meals furnished
to men while employed in doing
the assessment work, but the cost
of tableware, house furnishings,
provisions, or tobacco, may not be
counted as assessment work.
Personal services of a Waterman,
If necessary to preserve the exeava-
tions, structure erected to work 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 suffi-
cient performance of annual labor,
The services of a person employed
in planning or experimenting the
development of a claim, and the
erection of a mill and machinery,
but those of an agent or account
ant, or a person whose time is spent
in endeavoring to obtain money for
the development of the claim, will
not be sufficient.
The expenditure may be made by
the locator, his heirs, assigns or
legal representatives, by some one
who is in priyity herewith; or by
someone who has an equitable OF
beneficial interest in the location.
A stakeholder of a corporation
claiming the property, or a receiver
appointed by a court are within this
rule. If the work be done by a
trespasser or a stranger to the title.
it will not inure to the benefit of
the claimant, but it may be gratui-
tously contributed. The presump-
ton 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 afidayits of annual
expenditure. When recorded with
in thirty days after the expiration
of the Assessment year" such an
a fi 4 a pit npacnntr nrtu,o fna;a auf
dence of the facts properly stated
therein; but it does not prevent
other proof by the claimant nor at
tack of his adversary.
Neither the failure to record the
affidavit, nor a mistake therein, will
work a forfeiture of the claim.
The failure to perform the an
nual labor is not necessarily fatal
to the rights of the claimant. The
law does not provide for a forfeit
ure merely because of such default.
The location is forfeited only when
the adverse rights of third parties,
by valid relocation. attaches thereto.
Forcible adverse possession or
threats in the face of a bona ide
attempt to do the work or make the
Improvement Will HOl utledl the !
rights of the true owner.
But the mere tendency of patent
proceedings prior to payment for
the land. the obtaining of a re-
ceiver's receipt thereon through
fraud, the tendency of court pro-
ceedings or the rendition of a judg-
ment therein, are not sufficient
grounds for non-performance of the
annual expenditure.
To resume work. is to begin
work in good faith, and diligently
prosecute the same to completion
before adverse relocation is perfec-
ed. In such event the rights of the
claimant are precisely what they
were before default.
Work is not resumed" by the
mere purchase of material o the
mere bringing of the same upon
the claim.
In conclusion. it must be borne
in mind particularly by oil land