Weekly journal-miner., 1911-03-01

tioR to the present or future devel- opment or working of the property must be done or made annually upon unpatented lode and placer claims subsequent to the first calendar year of location. To illustrate: No an nual expenditure, usually called "as- sessment work,' is reuired upon a location made at any time during the year 1910.
 There is no particular time with in the year for the making of such expenditure It may be commenced on the last day thereof and be com Bleted within the succeeding year, provided it is then prosecuted with out interruption.
 Labor and Improvements Defined.
 The term "labor'' signifies pros peeting and excavating for purpose of development, and the term "im- Brovements' means tangible and reasonably permanent additions to the location for purposes of develop ment.
 Tests of Sufficiency.
 The test of sufficieney of the ex- penditure is the reasonable value thereof. not what was paid nor the contract price, but whether the ex penditure tends to facilitate the de- velopment, or actually promotes or directly tends to promote the excava- tion of mineral form, or to improve the property; or be necessary for its care or the protection of the mining works thereon or pertaining theheto.
 Sufficiency of Payment.
 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 improvements not made will not answer, but if the labor is actually done or the improve ments are actually made the fact of non-payment therefor is immaterial.
 Place of Expenditure.
 Labor may be done upon or un- deTneath the surface of the location or be away therefrom. Any number of locations held in common may form a group except in oil placer locations, which by law are limited to a group of five. In the case of a group of locations the annual ex- penditure may be done upon one or off from any one of the locations therein. The expenditure in suen ease must equal is the aggregate the amount required on all the locations where they are separate and inde- pendent. Furthermore, it must be part of a general plan, having in view the development of the group, as labor upon or for a location there Tn which has no reference to the de- velOpment of the entire group, will not be sufficient. 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 determination of the question.
 Character of Labor.
 On lode locations the labor may be upon a vein or lode, but it must be something more than taking rock therefrom from time to time, and testing it for the purpose of finding pay ore. It may consist of under watering the claim, or in the cree tion of Hume to carry away water or waste, or for the introduction of water, or the turning of stream. The erection of machinery or other works of a building, if of benefit to the claim, and not too distant there from, 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 tim her actually used, but not for cost of transportation thereof. may be counted; reasonable compensation for the daily use of horses employed it drawing cars, or in raising ore. etc, but not their cost, livery hire, feed or shoeing, may be treated as labor performed; the reasonable value of meals furnished to men while em- ployed in doing the assessment work, but the cost of tableware. house furnishings, provisions, or tobacco, may not be counted as assessment work.
 Personal Services.
 Personal services of a watchmau, if necessary to preserve the exeava-