Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1911-03-14

Improvements having a direct rela-
ton to the present or future de-
velopment or working of the prop
erty must be done or made annual
ly upon unpatented lode and placer
endar year of location. To illus
trate: mo annual expenditure, us
ually called Assessment work." is
required upon a location made at
any time during the year 1910.
There is no particular time within
the year for the making of such
expenditure. 1t may be commenced
on the last day thereof and be COM.
pleted within the succeeding year,
provided it is then prosecuted with
out interruption.
The term labor" signifies pros
pecting and excayating for purpose
of development, and the term 'im-
provement' means tangible and rea-
sonably permanent additions to the
location for purposes of develop
ment.
The test of suffieiency of the
expenditure is the reasonable value
thereof, not what was paid nor the
contract price, but whether the ex-
penditure tends to facilitite the de-
velopment, or actually promotes
or directly tends to promote the ex-
cavation of mineral from, or to inn
prove the property; or be neces-
sary for its care or the protection
of the mining works thereon or per.
tanning thereto.
Payment for assessment work
bears upon the value. The amount
may be insufficient, although equal
to that required by law. Payment
made for work not done or inn
provements not made will not an
sWer, but If the labor is actually
done or the improvements are ac-
tually made the fact of non-payment
therefor is immaterial.
derneath the surface of the loca-
lion or be away therefrom. Any
number of locations held in COM
mon may form a group except in
oil placer locations, which by law
are limited to a group of five. In
the case of group of locations the
annual expenditure may be done up
on one or off from any one of the
locations therein. The expenditure
in such case must equal in the ag-
gregate the amount required on all
-she locations where they are sep
arate independent. Further
more, it musS>~he part of a general
plan, having in View the develop
ment of the group, as labor upon
or for a location therein which has
no reference to the development of
the entire group, will not be suffi-
cient. The burden of proof as to
the sufficiency of the expenditure
under the general plan to hold all
the locations within the group rests
with the claimant. He takes the
risk of an adverse legal determine
ton of the question.
On lode locations the labor may
must be something more than taxi
ing rock therefrom from time to
time, and testing it for the purpose
of finding pay ore. 1t may consist
of unwatering the claim, or in the
erection of a hume to carry away
water or waste, or for the introduc-
ton of water, or the turning Of a
stream. The erection of machinery
or other works of building, if
of benefit to the claim, and not too
distant therefrom, or the building
of 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 timber actually used, but not
for cost Transportation thereof,
may be counted; reasonable COM
pensation for the daily use of horses
employed in drawing cars, or in
raising ore, etc, but not their cost,
livery hire, feed or shooting, 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 he
counted as assessment work.
Personal services of a Waterman,
il necessary to preserve the excava-
tons, structure erected to work the
claim. or to preserve personal prop
erty, but not when he merely lives
upon the claim or warns others