GENERAL INFORMATION A corporation may, by its agent, locate a mining claim. In the case of Thompson vs. Spray 72. Cal. 531 it was decided that a minor child may make a mining location. The title to mining claims that are not patented is occupation and development, and the title is conditional upon such occupation and development. No discovery of mineral is complete until the actual vein is discovered; the finding of float or loose quartz is not a sufficient discovery to warrant a lode location. Discovery of ore that will pay to work is not essential to a mining location, but it is sufficient if its value is such that one will be willing to further develop and follow the vein. In order to hold two or more claims it is necessary that there should be a discovery of mineral on each of the claims. An extention of a mining claim can not be held by reason of discovery on another claim. Where owing to the nature of the ground stakes can not be driven in where the statute requires stakes it is sufficient that the stakes be held in place by a pile of stones. Where an application has been made for a patent on one or more mining claims the annual labor must be kept up after the application and until final entry. While the Congressional Act of 1880 does not require annual labor upon a claim during the year location is made, still such annual expenditure may be required during the location year by State Statute. The following things will count for annual labor: 1. Any labor performed for the purpose of discovering mineral. 2. Building a road to reach the mining claim. 3. Building a flume, drain or ditch to get water on a claim. 4. Wages of a watchman where the mine is idle. 5. Work done off of the claim when it is a direct reference to the drainage or development of the claim. The following work will not count: 1. Building a house for dwelling away from the claim, though near it. 2. Expense of taking tools, lumber, etc., to the mine. 3. Traveling expenses in going to and coming from the mine. Where the owner of the claim has not done his annual labor, but begins work on Dec. 31st, and prosecutes the work continuously to the amount of $100 a claim, hir claim or claims can not be re-located on Jan. 1st, but his work must be continuous until the whole $100 has been expended. Where several owners of a claim have allowed the year to expire without doing the annual labor and one of such owners attempts to re-locate the claim for himself the Court will decide that such re-location is for the benefit of all the former owners. Where mining ground that has previously been located is relocated the location notice of the new location should state that it is located on abandoned ground and should show the name of the previous owner, and what ground is re-located with as much particularity as possible, and if name of old owner is unknown that fact should be stated. An amended location notice relates back to the date of original location and with all its rights and privileges, provided no adverse rights have in the mean-time intervened. 787.) (40 Fed. A placer claim is a location in which gold is found loose in sand or gravel and not in a vein or in place. It includes gulch claims, old channels, cement and drift diggings. Oil land may be located as a placer but an actual discovery of oil must first be made. The amount of ground which can be located as a placer claim is limited to twenty acres to each person, but an association of persons may locate a claim in common, which will in the aggregate not exceed twenty acres to each person in the association, and not exceed 160 acres in all. In such case a separate discovery is not required on each twenty acres but a discovery on any part is sufficient. One person may locate more than one 20-acre claim. The following table will show the dimensions of placer claims: Claim 466.69 x 466.69 feet contains 5 acres. Tailings are the property of the miner who made them so long as they are retained on his own land, or under his own control and not abandoned, but when allowed to flow upon the land of another the other becomes entitled to them. A quit-claim form of deed is the one commonly used to transfer title to an unpatented mining claim, but care should be taken to properly describe the mining claim by reference to the book and the page of the County Records in which the original location notices are to be found, and reference to them should be made for description. It is not necessary that the wife of an owner of a mining claim should join her husband in conveying a mining claim in either Arizona or Nevada but it is necessary in California and Utah. Where the ownership of the claim is in the wife, it is necessary for the husband to join in the deed in all of the places named. A person desiring to obtain a deed, a lease, a working bond or an agreement to sell a mining claim should consult a lawyer who is conversant with mining law in the state in which the claim is located, unless he is looking for a law suit. Before paying out money for such purposes an examination of the title of the reputed owner of the mining claim should be carefully made; by doing these things for a small payment of money trouble can be avoided to get out of which (if fortunate) many hundreds will later be paid. The agreed consideration of said sale is $1,000.00 cash in hand paid, the receipt whereof is hereby acknowledged; $3,000.00 to be paid within. $6,000.00 within.. ...days from the date hereof, and ..days from such date, making a total consideration of $10,000.00. Said vendor within ten days from date will deliver to purchaser, or his attorney, an abstract of title duly certified by the Clerk and Recorder of said County, or by some reputable abstract office, together with all the original title papers which are in his possession or within his power to produce. And within said time will place in escrow in the.. Bank of..... a good and sufficient. or such person as deed conveying to said. he shall nominate, the said premises clear of encumbrance, to be by such band held in escrow until final payment be made under this contract or default is made under the same. Deposit in said band to the credit of vendor shall be equivalent to payment of any of said installments. Time is of the essence of this contract as to each and every installment, and if any installment or installments be not paid within the time or times hereby limited therefor, ail previous installments shall be and remain the property of said vendor, the deed in escrow shall be returned to him for cancellation, and the property shall remain his own, unaffected and unencumbered by this contract. But if he fail to deliver abstract within said period, or to deposit said deed in escrow, or if his title prove encumbered or otherwise not marketable, vendee may recover any and all installments paid, or may sue for specific performance and for a perfect title, or for damages or otherwise as he may be advised. WITNESS the hands and seals of said parties this... day of.... A. D. 190... .. (Seal) . (Seal) BOND FOR A DEED OF MINING PROPERTY. Know all Men by These Presents: That... of the County of Yuma and Territory of Arizona, the part.... of the first .held and firmly bound unto. ....of the County of.... part, ..Dollars, .and Territory of Arizona, the part...... of the second part, in L sum of.. of the United States of America, to be paid to the said... executors, administrators or as signs; for which payment well and truly to be made,... THE CONDITION of the above obligation is such, that if the above bounded obligor.... shall, on the.... day of..... Hundred and Ninety. deliver unto the said.. .. assigns, (provided that the said.. or to shall on or before that day have paid to the said obligor. ..Dollars, the sum of... .agreed to be paid therefor), a good and sufficient deed for conveying and assuring to the said... free from all incumbrances, all. . right, title and interest, estate, claim and demand, both in law and equity, as well in possession as in expectancy, of, in or to that certain portion, claim and mining right, title or property on.. .certain vein.... or lode.... of rock containing precious metals of gold, silver and other minerals, and situated in the... ...Mining District, County of.... and Territory of Arizona, and described as follows, to-wit:. Then this obligation to be void, otherwise to remain in full |