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SECTION 28. PLACER CLAIM CONTAINING LODE.

The statute has recognized what the experience of the miner has proven, that the same land may contain both a placer and a lode; or more accurately speaking, that placer ground may likewise contain a vein or lode." When this occurs, both may be located by the same claimant and patent so acquired, or the placer claim may be located by one locator and the lode by another locator.12 13

"Reynolds vs. Iron Silver Min. Co., 116 U. S., 687; Noyes VS. Mantle, 127 U. S., 348.

12 Iron Silver Min. Co. vs. Sullivan,
5 McCreay (U. S.), 274.
13 Am. & Eng. Ency. of Law, Vol.
XX, p. 699.

CHAPTER VIII.

FORFEITURE, ABANDONMENT AND

RELOCATION.

SECTION 29. ABANDONMENT.

As has already been stated the rights of a locator of an unpatented mining claim are only the rights of usage of the property, and are lost by abandonment.1

Such a thing as a conditional abandonment can not be recognized. Where the owner allows strangers to hold a claim under color of title, standing by and intending to resume work only in case its development shows pay, his action amounts to abandonment.2

Lapse of time, though not conclusive, is an incident tending to prove abandonment. Proof that a stranger had relocated ground as abandoned does not prove that it was in such condition."

SECTION 30. FAILURE TO PERFORM ANNUAL LABOR.

The provisions of the Federal Statutes as to the requirements for the performance of annual labor on each claim are as follows:

* * * "On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be

1 Merritt vs. Judd, 6 M. R., 62; 14 Col., 59; Mallett vs. Uncle Sam Co., 1 M. R., 18; 1 Nev., 188.

• Trevaskis vs. Peard, 44 P., 246.

Beaver Co. vs. St. Vrain Co., 6
Colo. App., 130.

McGinnis vs. Egbert, 8 Colo, 41;
15 M. R., 329.

performed or improvements made by the first day of January, eighteen hundred and seventy-five, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such 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 locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. * * * Sec. 5 A. C., May 10, 1872.

"Sec. 2. That section twenty-three hundred and twenty-four of the Revised Statutes of the United States, be amended by adding the following words: 'Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini, eighteen hundred and seventy-two. Jan. 22, 1880.'"'

5

Any work done for the purpose of discovering minerals is improvements within the spirit of the statute. Road building is counted as annual labor." Flumes, drains, or the turning of a stream or the sinking of a common shaft will count. Work done by any party in privity of title with the owners, and even work gratuitously contributed will count."

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Work done beyond the lines will count when it has direct reference to the drainage or development of the claim.10 Whether the work done on one is really for the benefit of the group is for the jury to say." Where sundry claims are worked together as one group, the development work though confined to a single claim may count for all.12

12

A house for the use of the miners built 200 feet away from the claim cannot be considered as annual labor. 13

14

The expense of taking timbers, lumber, bucket, rope and tools to the mine-all carried away after slight use, if used at all-will not avail for annual labor." Taking specimens for assays will not count for annual labor nor as a legitimate resumption of work.15 The cost of sharpening tools may or may not be a legitimate item, according to circumstances.16 17

SECTION 31. FORFEITURE TO CO-OWNER.

* * * "Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent coowner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse

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to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures." 18

"Although one co-owner has expended more than enough to hold the claim, the delinquent co-owner to save forfeiture under the Act of Congress, is only required to pay or tender his proportion of the amount which the law required to be expended upon the claim." 19

The following is the form generally used in such forfeiture notices:"

FORFEITURE NOTICE. (A).

GEORGETOWN, COLO., January 3, 1908.

You are hereby notified that I have expended during the year 1907 one hundred dollars in labor and improvements upon the Corinne Lode Mining Claim, situate on Republican Mountain in Griffith Mining District, County of Clear Creek, State of Colorado, the location certificate of which is found of record in book 20, page 222, in the office of the recorder of said county, in order to hold said claim under the provisions of section 2324 of the Revised Statutes of the United States, and the amendment thereto approved January 22, 1880, concerning annual labor upon mining claims, being the amount required to hold said lode for the period ending on the 31st day of December, A. D., 1907. And if, within ninety days from the personal service of this notice, or within ninety days after the publication thereof, you fail or refuse to contribute your proportion of such expenditure as a co-owner, which amounts to fifty dollars, your interest in the claim will become the property of the subscriber, your co-owner, who has 18 U. S. Rev. Stat., Sec. 2324. 19 Morrison's Mining Rights, p. 115, 13th Ed.

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