Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-12-29

unless such owner shai
within three days a. ter he shall hav
obtained knowledge If the construc
ton alteration or repair, or the IN
tended construction, alteration o
repair, give notice that he viii not b.
responsible for the same, by post1ns
a notice in writing to that effect II
some conspicuous place upon sale
land, or upon the building or other
improvement situate thereon (Rey
Laws, Sec. 2221.)
Relative to the matter Of notices,
the Court made the following find
ings:
THAT on or about the 1st day Of
March. 1913, when said agreement Of
March 1st, 1913, between the defend
ants Wilson and Snowden Placer
Company was entered into, there was
already posted from previous opera
tions. a notice, that the defendants
Wilson Of the Black Cat Mining Claim
would not be responsible for debts
incurred or labor or materials fur
n1shed for any operation upon said
Black Cat Mining Claim, but that
said notice was in a damaged condition
from exposure to the elements; that
said notice was posted at the collar
Of a shaft which the defendants VIII.
son knew would be used bv the Snow
den Placer Company for operations,
as soon as it commenced to I'm
der the agreement Of March LIST, 1918.
upon the Back Cat Mining Claim, and
through which said shaft the said
Snowden Placer Company would
conduct all Of its mining operations;
that the said defendants Wilson
knew that the notice thus posted
upon a board. nailed at the inside of
the collar Of the shaft would necessar-
ly be destroyed in preparing said
shaft for mining operations; that the
said notice posted at said shaft was
therefore not posted in good faith, BY
the defendants Wilson. so as to give
notice to workmen employed by
Snowden Placer Company in it's
operations upon said Black Cat Min
ng CAIN. That sad notice was de
Stroyed on or before March 10Th,
1913, while said shaft was being pre-
jared for mining operations by en-
oloyes of said Snowden Placer Com
panv.
That the said Thomas Wilson on
March LIST. 1913, posted a notice on
the transformer house Of Said Black
Cat Mining Claim Of the same pur-
port to that which was posted at the
shaft heretofore mentioned, and
wrote the same in lead pencil upon
paper which had long been exposed
to the elements, and which defendant
Thomas Wilson knew would not re-
main legible and ineligible for 70 :
long a time as under ordinary condi-
tons an ordinary notice would be
expected to remain. and that said
notrce was not posted in good faith
to give notice for a reasonable
length Of time to workmen who would
work upon said premises for the de,
fendant. SnoWden Placer Company
That said notice was illegible and I'm
ineligible when plaintiff and inter
vencrs commenced their work upon
the said Black Cat Mining Claim TO,
Snowden Placer COMPANY defendant
herein, and remained illegible and
un;ntel'lgible to and including Aug
ust Goth. 1913, and was lot posted in
when said employment ceased. Thai
sad Thomas Wilson. on or about
May 18th. 1913. posted a notice on the
- ne 1ouSt Oh Sdlu bldth Sdt II
ing Claim Of the same purport to that
which was posted at the shaft here
.ofore mentioned. and wrote the same
N lead pencil upon a piece Of card
board which the defendant Thomas
Wilson knew would lot remain leg
IDLE and ineligible for as long a TIME
as an ordinary notice would be ex-
pected to remain so. and therefore,
said notice was not posted IN good
faith t give notice for a reasonable
length OF time to %vorknen who were,
or would be working upon said Black
Cat Mining Claim for the defendant,
Snowden Placer Company that said
notice was illegible and unintellngi-
BILE at the time that the plaintiff and
i~ntervenors commenced working up
on the said Black Cat Mining Claim
for the defendant, Snowden Placer
Company. and remained illeglble and
unintelligib,e up to and including the
10th day Of August, 1913
But one case is cited by respective
counsel as an aid to the Court i'll de-
termining the question of the suffi-
cheney of the notices posted as found
by the court, to-wit: the case OF Mar
shall VS.. Cardinell, 80 Pac. (Or.)
o52. From the opinion in that case
we quote:
The statutory manne of giving
notice is by posting a written an
nouncement; presuming, no doubt
that when posted it will remain a suf'
ticient length of time to impar'
knowledge to the persons it is intend.
ed to affect. The language is not te
keep it posted, but to give notice by
posting. and when once posted 1t vii
fulfill the mandate of the statute. O.
course, if the notice were torn dowr
Immediately, or very soon after. D,
the one who posted it, there would b'
an apparent attempt to evade tn
statutory injunction, and the &C
would probably not be accounted a
giving notice by posing; but, if post
ed in good faith, with the intent an
purpose that it should remain as lon
as a notice would remain III a plac
of that nature under ordinary cond,
--. A1nf fho tnfn1oT