The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-06-23

10th day of May, 1872, and before the
effective date of this act and until a
patent has been issued therefor not
less than 500 worth of labor shall be
performed or improvements made
during each year. On all claims To-
Gated prior to the 10th day of May,
1872. $40 worth of labor shall be per-
formed or improvements made dur
ing each year for 100 feet in length
along the cein until a patent has been
issued therefor; but where such
claims are contiguous, and are held
in common, such expenditure may be
made upon any one claim.
&C. Upon failure to comply with
the conditions as to annual work or
payments, as provided in article B of
this action, the claim or mine upon
which failure occurred shall be open
to relocation in the same manner as
if no location of the same had ever
been made provided that the original
locator, or locators, or any person, or
persons. in privity with him or them,
shall be disqualified for a period of
one year from making such reloca-
ton and a resumption of work shall
not save the original locator. or locat-
ors. their heirs. assigns or legal rep
resentatives from the effects of such
failure. Provided further that sale
to an innocent purchaser for value
after such failure and after such re-
sumption shall cure such failure in
the absence of relocation prior to
such sale
ID. Upon the failure of any one
of several cO-owners to contribute
his proportion of the expenditures re-
quired by the terms of article B of
this section the co-owners who have
performed the labor or made the inn
provements or who have paid the
equivalent thereof to the United
States land office as is required by
article b of this section, may at the
expiration of the year, give such de-
| linquent cO-owners personal notice in
writing by publication in the news
paper published nearest the claim for
at least once a week for 10 cOnsecu-
tive weeks, and if at the expiration of
80 days after such notice in writing
or by publication such delinquent
should fail or refuse to contribute his
proportion of the expenditure requir-
ed by this section. his interest in the
claim shall become the property of
his co-Owners who have made the re-
quired expenditures.
"E. The period during which the
annual work is required to be done,
as specified in this section, shall be
the calendar year during which loca-
ton of claim be made Provided,
that if it be impossible to finish the
work begun during the calendar year
of location. and if the work has been
diligently and continuously prosecut-
ed, completion of the work. by dill
gent and continuous prosecution
thereof, in the ensuing calendar year
shall hold the claim Provided, how
ever that this permission may not be
construed as waiver of the perform
ance of the obligatory assessment
work during the second calendar year.
Provided. further, that on claims To-
Gated on placer ground in the terri
tory of Alaska said annual work shall
be done during the calendar year in
which they are located. and regard
less of the time of year in which To-
cation may have been made
ExtralateraI Rights and Ownership in
All Minerals and Surface En-
braced Within the Claim.
Sec. Z. Subject to the existing ex-
tralateral rights of mining claimants
or patentees, the holder or patentee
Of a mining claim located hereafter
shall have the exclusive right of pos
session and enjoyment of the surface
ieid by him ana OF the minerals COW
cred by this act which lie beenath the
claim and within vertical planes pass
ng through the surface boundaries
If said land, but shall not have the
light to follow any mineral deposit
beyond said planes. And the holders
n patentees of claims heretofore 10
'ated shall have similar exclusive
of all the minerals covered
" this act which lie beneath the
lain and within vertical planes pass
ng through the surface boundaries of
aid land that is not covered by any
xisting eXtralateral rights.
Proceedings of Patent.
Sec. s. A. A patent for any land
laimed and located for valuable de-
osits may be obtained in the follow
lg manner; Any person, association,
: corporation authorized to locate a
lain under this act having claimed
nd located a piece of land for such
urposes, and having complied with
he terms of this act may file in the
roper district land office an applica-
on for a patent under oath, show
g such compliance, together with
roof of a discovery Of valuable min
al together with plat and field
otes of the claim or claims in com
on made by or under the direction
the United States surveyor gen
al showing accurately the boun-
iries of the claim or claims, which
ali be distinctly marked by monu-
ents on the ground. The claimant
all post copy of such plat togeth-