THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 DAVIS 
 
( LIBRARY COPY 
 
 1 STATE OF CALIFORNIA -* ! ' »* <. ■ • J f A ^'CC^\Cyt4 
 
 ^ DEPARTMENT OF NATURAL RESOURCES 
 
 2-0 KENNETH I. FULTON, Director 
 
 DIVISION OF MINES 
 
 FERRY BUILDING, SAN FRANCISCO 
 WALTER W. BRADLEY State Mineralogist 
 
 San Francisco] BULLETIN No. 120 [August, 1941 
 
 MANNER OF LOCATING AND HOLDING 
 
 MINERAL CLAIMS 
 
 IN 
 
 CALIFORNIA 
 
 (With Forms) 
 
 By 
 A. H.^ICKETTS 
 
 With Revisions by 
 
 C. McK. LAIZURE 
 
 August, 1941 
 
 Price 25 cents postpaid, plus one-cent sales tax for California residents 
 
 prittteJ ill California state printing office 
 
 SACRAMENTO, 194I GEORGE H. MOORE, STATE PRINTER 
 
 3643 LT^^^i^ i 
 
 UHffULirY OF CALIFORNIA 
 BM¥I» 
 
CONTENTS 
 
 Page 
 
 §1. Lands Open to Location 5 
 
 §2. Lands Not Open to Location 6 
 
 §3. Mining Locations 6 
 
 §4. Conflicting Locations 7 
 
 §4a. Good Faith 7 
 
 §5. Void Locations 7 
 
 §6. Essential Elements in Locating Mining Claims 7 
 
 §6a-6e. New statutory Regulations Affecting Mining Locations 7 
 
 §7. Discovery 9 
 
 §8. Locators 9 
 
 §9. Boundaries 9 
 
 §10. Tying the Claim 10 
 
 §11. Placer Locations 10 
 
 Form of Placer Location Notice (On Surveyed Land) 11 
 
 Form of Placer Location Notice (On Unsurveyed Land) 11 
 
 §12. Lode Locations 12 
 
 Form of Lode Location Notice 12 
 
 §13. Tunnel Site Locations 13 
 
 Form of Tunnel Site Location Notice 13 
 
 §14. Mill Site Locations 14 
 
 Form of Mill Site Location Notice 14 
 
 §15. Townsites , 14 
 
 §16. The Posted Notice of Location 15 
 
 §17. Recorded Notice of Location 15 
 
 §18. Relocation 16 
 
 §10. Amendment of Location or Record 16 
 
 Form of Amended Location Notice 16 
 
 §20. Annual Expenditure or 'Assessment Work' 17 
 
 §20a. Contribution 18 
 
 §21. Proof of Annual Labor 18 
 
 Form of Affidavit of Annual Labor 18 
 
 §22. Resumption of Labor 19 
 
 §23. Independent Contractor 19 
 
 Form of Contract 19 
 
 §24. Patents 20 
 
 §25. Adverse Claims 20 
 
 §26. Protests 20 
 
 §27. Tenancy in Common 21 
 
 §28. Mining Partnerships 21 
 
 §29. Grubstake Contracts 21 
 
 §30. Option 22 
 
 Short Form of Option 22 
 
 §31. Leases 23 
 
 Short Form of Lease 23 
 
 Form of Notice of Nonresponsibility 23 
 
 §32. Deeds 25 
 
 Form of Deed 25 
 
 §33. Working the Claim 25 
 
 §34. Payment of Wages ^ 26 
 
 §35. Fixtures 26 
 
 §36. Location Work and Assessment Work Distinguished 26 
 
 -3643 (3) 
 
FOREWORD 
 
 (First Edition) 
 
 Among the questions most frequently asked of the staff of the State 
 Division of Mines, both in oral interviews and in letters received, are 
 those pertaining to points concerning the location of mining claims, the 
 rights accruing thereunder, and the maintenance of those rights. These 
 and other phases of the American Mining Law, both statutory and 
 interpreted by judicial decisions, are dealt with in detail in Bulletin 
 No. 98, of this Division, American Mining Law, by Mr. A. H. Ricketts, 
 giving also a wealth of citations and related matter. 
 
 Although the bulletin referred to is written and presented in such 
 language and arrangement as to be readily available and understand- 
 able to the layman, the engineer, and the la^vyer, alike, we have found 
 an insatiable demand for a simple and brief outline for distribution in 
 an inexpensive pamphlet form. Such an outline covering the salient 
 features needed by the average prospector and claim owner in initiating 
 and maintaining his possessory rights to mineral ground, is the matter 
 presented herein. 
 
 Walter W. Bradley, 
 State Mineralogist. 
 San Francisco, November 27, 1931. 
 
 The demand for the information contained herein having exhausted 
 five printed editions of this summarized mining law bulletin, issued 
 as Bulletin No. 106, this new Bulletin No. 120 is now prepared. It 
 contains all new statutory requirements added to the mining law since 
 1935 including the new section covering "recorded notice of location" 
 enacted at the 1941 session of the legislature and which becomes effec- 
 tive on September 13, 1941. Bulletin No. 120 supersedes all former 
 editions of Bulletin No. 106. 
 
 W. W. B.— August 4, 1941. 
 
 (4) 
 
MANNER OF LOCATING AND HOLDING MINERAL CLAIMS 
 
 IN CALIFORNIA* 
 
 By A. H. RiCKETTs 
 of the San Francisco Bar 
 
 § 1. Lands Open to Location. 
 
 All valuable mineral deposits in land belonging to the United 
 States, both surveyed and unsurveyed, and the lands in -which they are 
 found, are free and open to exploration, occupation and purchase, 
 except that aliens may not obtain patent. This includes mineral land 
 within a national forest, the unpatented parts of a congressional grant 
 to a railroad company (except iron and coal), or of an unconfirmed 
 Mexican grant (to abide the final determination of the validity of 
 the grant), also land within the limits of an unpatented townsite, or 
 Avhen known to be mineral at the date of the application for patent 
 therefor, or an unlocated or unpatented 'known lode' within the 
 exterior limits of a patented or unpatented placer mining claim or 
 mineral lands within an abandoned military or Indian reservation or 
 mineral lands restored to the public domain. 
 
 Land valuable for its mineral deposits is land which contains min- 
 erals in sufficient quantities to justify exploitation and development. 
 The mineral deposits may be metalliferous such as gold, silver, and 
 other metals, or nonmetalliferous such as alum, amber, building stone, 
 diamonds, gypsum and like substances; but under more or less recent 
 congressional legislation, popularly known as the "Leasing Act," lands 
 known to contain coal, petroleum, oil shale, potash, phosphate, sodium 
 salts (except common salt, on which one claim only may be located) 
 can not be located nor patented under the lode or placer laws but are 
 obtainable under lease, subject to the regulations and control of the 
 Secretary of the Interior. But the possessory right to a location made 
 prior to the passage of that act is not disturbed by its provisions. 
 
 Under the "Stock-raising Homestead Act" there is a severance of 
 the surface and mineral deposits and the latter may be located and 
 worked in accordance with the mineral land law, with the right to 
 enter and occupy so much of the surface thereof as may be required 
 for all purposes reasonably incident to the mining or removal of the 
 mineral ; first, upon securing the written consent or waiver of the home- 
 stead entryman or patentee ; second, upon the payment of damages to 
 crops or other tangible improvements to the owner thereof, where agree- 
 ment may be had as to the amount thereof, or, third, in lieu of either of 
 the foregoing provisions he must execute a good and sufficient bond or 
 undertaking to the United States for the use and benefit of entrjonan 
 or o^mer of the land to secure the payment of damages to said crops 
 and tangible improvements as may be determined by a court upon 
 proceedings duly had and taken. All this seems to be giving a thing 
 with one hand and taking it away with the other. 
 
 * These notes are based upon "American Minixg Law," by A. H. Ricketts, 
 State Division of Mines, Bulletin 9 8, 1931, and briefly outline the salient features 
 needed by the average prospector and claim owner in initiating and maintaining his 
 rossessory rights to mineral ground. Price of Bulletin 9S is $3.50 postpaid, plus 
 11 cents sales tax. 
 
 (5) 
 
— 6 — 
 
 §2. Lands Not Open to Location. 
 
 Land is not subject to mineral location when lying within a sub- 
 sisting Indian, military, naval, national park, national monument 
 (except Death Valley National Monument), reservoir reservation, 
 power site, when withdrawn from sale by authority of congress, or 
 by an executive order express or implied ; when situated below high 
 tide; the bed of a navigable river; a lake bed (except Searles Lake 
 in San Bernardino County) ; coal or iron lands within the limits of 
 a congressional land grant to a railroad company, or within its rights 
 of way, or its indemnity limits ; land within the limits of a congressional 
 land grant to a state after approval of survey or certification by the 
 land department ; land which is occupied under color of title . (unless 
 it can be done peaceably) ; land which has passed into private owner- 
 ship. 
 
 §3. Mining Locations. 
 
 Speaking strictly, there are only two kinds of mining locations, 
 namely : lode and placer ; which latter includes all forms of deposit 
 excepting veins of quartz or other rock in place. In addition, there are 
 statutory provisions for tunnel-site and mill-site locations, which some 
 courts have designated as coming within the category of 'mining' loca- 
 tions. The last-mentioned claim must be located upon nonmineral 
 ground or it may be located or it may be 'scripped' upon lands which 
 are prima facie mineral but which in fact are valueless as such. 
 
 Lode and placer locations are governed by the character of the 
 mineral deposit sought to be appropriated. Hence, a lode location can 
 not legally cover a placer deposit, and vice versa. If the location is 
 improperly laid, the location is void and subject to adverse relocation, 
 provided, the relocation can be made peaceably. However, in the absence 
 of an adverse right an amended location will cure the error of location. 
 A 'known lode' within a placer claim, not separately located by the 
 placer claimant, nor specifically included by him within his application 
 for patent for the placer claim, is subject to lode location by another 
 if peaceably made. All blind veins within the placer location pass to 
 the placer claimant without extralateral right thereto. No person may 
 enter and prospect for such veins without the consent of the placer 
 claimant. There are two classes of tunnel claims: one is sometimes 
 kno"«Ti as the 'tunnel site' and is run to discover blind veins not pre- 
 viously known to exist along the location line of the tunnel ; and the 
 other has its portal on and is partly run outside of the boundaries of a 
 lode claim for the development thereof. 
 
 Mineral lands within a national forest may be located and patented 
 as generally provided in the federal mining law for the location of 
 mining claims. The rights of a locator of a valid mining claim within 
 such reserve are not qualified. He is entitled to the exclusive possession 
 and enjoyment of the surface and to the use of timber growing upon his 
 claim in the development thereof, against any attempt on the part of 
 the United States to deprive him of such use of the timber. All mining 
 rights of way are allowed across the national forests. State mineral 
 lands in California are not subject to mining location. They may be 
 prospected and leased under the provisions of state law. 
 
 A valid mining location can be made upon a Sunday or a holiday. 
 
— 7 — 
 
 §4. Conflicting Locations. 
 
 The principle which governs the conflicting claims of appropriators 
 of mining claims and other rights on the public domain is that, other 
 things being equal, the prior locator prevails. A location made within 
 the limits of ground already appropriated is void from the beginning ; 
 but the boundary marks of lode locations may be placed upon or across 
 the surface of a prior location, or intervening ground whether patented 
 or unpatented as mining or agricultural ground, for the purpose of 
 securing an extralateral right ; but no right is given to the ground 
 within the overlap. If a locator should happen by mistake to place 
 some of the monuments necessary to mark out his boundaries upon 
 another's claim, the location is valid so far as that portion of the ground 
 which was open to location. 
 
 §4a. Good Faith. 
 
 Good faith, as an element in the initiation of mining rights under 
 federal and state laws, is absolutely essential to the validity of such 
 rights, may not be dispensed with, and lack of it vitiates any attempt 
 to initiate such rights. 
 
 §5. Void Locations. 
 
 Some instances of void locations are these : A location based upon 
 a discovery which is within the boundaries of a prior claim ; when 
 located upon the dip of the vein or lode; a lode location of a placer 
 deposit, or vice versa; a placer location intended to secure a known vein 
 therein ; to secure the timber growing thereon ; a provisional location ; a 
 relocation in California by a claimant within three years after the date 
 of the original location after default in assessment work ; a location or 
 relocation based upon a breach of trust, or based upon trespass ; a loca- 
 tion without discovery where no attempt is made to discover the same ; 
 a discovery without boundaries ; or, failure or neglect to comply with 
 the local law in making the location on the ground. 
 
 §6. Essential Elements in Locating Mining Claims. 
 
 The essential elements in locating either lode or placer claims are : 
 discovery of mineral, marking the boundaries, posting the notice of 
 location and the recording thereof. The order in which these acts are 
 performed is immaterial but all must be performed before the location 
 is complete. A locator's rights may be sustained where there is lack 
 of discovery, provided he is diligently and in good faith prosecuting 
 work for discovery. 
 
 §6a. New Statutory Regulations Affecting Lode Locations (Monuments and 
 'Discovery' Work). 
 
 The recent change in the law of this state governing lode locations 
 makes it imperative that: ''within sixty days after the location of the 
 claim, the locator or locators shall erect at each corner of the claim and 
 at the center of each end line, or the nearest accessible points thereto, a 
 post not less than four inches in diameter, or a stone monument at least 
 eighteen inches high." (§ 2302, Public Resources Code.) 
 
 Also, (a) Within ninety days after the date of location of any 
 lode mining or placer claim hereafter located, the locator or locators 
 
 3 — 3643 
 
thereof shall sink a discovery shaft upon the claim to a depth of at 
 least ten feet from the lowest part of the rim of the shaft at the surface, 
 or shall drive a tunnel, adit, or open cut upon the claim to at leasts 
 ten feet below the surface. 
 
 (b) In lieu of the discovery work required by paragraph (a) of 
 this section, the locator of a placer mining claim may, within ninety 
 days of the date of location, excavate an open cut upon the claim, 
 removing from the cut not less than seven cubic yards of material. 
 (§ 2304, Public Resources Code.) 
 
 See § 36 for distinction between 'discovery' and 'assessment' work. 
 
 § 6b. New Statutory Regulations Affecting Placer Locations. 
 
 "On all placer mining locations containing more than twenty 
 acres, * * * the locators thereof shall, within ninety days after 
 the date of location, perform at least one dollar 's worth of work for each 
 acre included in such claim. This work may all be done at one place on 
 the claim if so desired, and must be actual mining development work 
 exclusive of cabins, buildings, or other surface structures. Nothing in 
 this section shall be construed as a modification of the requirements of 
 section 2304 ' ' of the Public Resources Code. 
 
 § 6c. New Statutory Regulations Affecting Relocations. 
 
 "The relocation of any lode or placer mining location which is 
 subject to relocation shall be made as an original location is required 
 to be made, except that the relocator may either sink a new shaft upon 
 the ground relocated to the depth of at least ten feet from the lowest 
 part of the rim of the shaft at the surface, or drive a new tunnel, 
 adit, or open cut upon the ground to at least ten feet below the surface ; 
 or the relocator may sink the original discovery shaft ten feet deeper 
 than it is at the time of relocation, or drive the original tunnel, 
 adit, or open cut upon the claim ten feet further, or, in the case of 
 placer mining claims, relocator may either excavate a new open cut 
 upon the claim, removing from the cut not less than seven cubic yards 
 of material, or remove from the original open cut not less than seven 
 additional cubic yards of material." (§ 2306, Public Resources Code.) 
 
 § 6d. Perfecting Placer Claim Location. 
 
 "As to any placer mining claim which has been otherwise validly 
 located or relocated since the enactment of sections 2304 and 2306 of the 
 Public Resources Code and as to which claim the locator or relocator has 
 not performed the work thereon required by those sections for the 
 reason that literal compliance therewith was not feasible, the locator 
 or relocator may perfect his claim by excavating an open cut thereon 
 and removing from the cut not less than seven cubic yards of material ; 
 provided, that such work shall be completed within ninety days after 
 the effective date of this section." (§ 2306.5, Public Resources Code.) 
 
 § 6e. New Statutory Regulations Providing for Forfeiture of Location. 
 
 It is now provided that the failure or neglect of the locator to 
 comply with the above requirements shall render the location and all 
 
thereof null and void and not subject to relocation by the same locator 
 for the period of three years from the date of such void location. 
 
 §7. Discovery. 
 
 The discovery should be actual, but not necessarily of present 
 commercial value ; be situate within free territory and within the 
 boundaries of the location, and may be upon or underneath the surface 
 of the ground. The discovery is sufficient if it justifies a person of 
 ordinary prudence in making expenditure of labor and money with 
 reasonable prospect of success in developing a paying mine. 
 
 A lode location must be based upon discovery of mineralized rock 
 in place for, if unmineralized, the lode must be located as a placer 
 claim. 
 
 Only one discovery of a mineral deposit is required within a placer 
 location, whether it be for twenty acres or for an association claim of 
 one hundred and sixty acres. 
 
 A discovery can not be bisected by a side or end line to constitute 
 discovery in two independent locations. In the absence of an inter- 
 vening right, subsequent discovery will validate the location. 
 
 See also § 6a, supra. 
 
 § 8. Locators. 
 
 A location may be made without regard to the age, sex, residence, 
 or citizenship of the locator. A corporation may locate to the same 
 extent as an individual. There is no limit to the number of independent 
 lode or placer locations which may be made by either a natural or arti- 
 ficial person, but each location must be based upon discovery therein. 
 A dummy locator is one who joins in the location of an association 
 placer mining claim in the interest of another person or of a corporation 
 for the purpose of permitting such person or corporation to acquire 
 more land than is allowed him or it by law. Such a location contem- 
 plates a fraud upon the government and is good only, say, as to twenty 
 acres, but such a location can possibly only be attacked where the gov- 
 ernment is either actually or constructively a party as in an 'adverse 
 suit. ' 
 
 Association locators not implicated in such fraud may select and 
 hold their proportionate share of the location — that is, twenty acres 
 each. An association placer mining location is not invalidated by an 
 agreement made after the location and discovery of mineral, giving one 
 person or a corporation an interest in excess of twenty acres. 
 
 The right to locate a mill site is limited to the proprietor of a 
 noncontiguous vein or lode claim, or the OAvner of a quartz mill or 
 reduction works, not owning a mine in connection therewith. 
 
 A location made by an alien is not void but is voidable. 
 
 Colocators are tenants in common; they are not 'mining partners' 
 unless they unite in working the claim. 
 
 Subsequent locators, having knowledge of the previous location, 
 can not avail themselves of defects in the prior and subsisting location. 
 
 §9. Boundaries. 
 
 The location must be distinctly marked upon the ground so that 
 its boundaries can be readily traced. These marks may be placed upon 
 
— 10 — 
 
 or off the claim and be put upon adjoining patented or unpatented 
 ground but with no right to the ground within the overlap. The 
 boundaries of unpatented claims may be shifted or the location floated, 
 provided, the rights of others are not affected thereby. 
 
 The federal mining law is silent as to the character or position of 
 the boundary marks of a lode claim; but the new (1935) Calif ornian 
 statute provides for both character and position of the boundary 
 marks and imposes the penalty of forfeiture of the location if not 
 observed but that if a placer location is taken by legal subdivisions it 
 need not be staked nor monumented. A mill site should be located in 
 the same manner as a placer claim without, of course, 'discovery.' 
 
 Under the provisions of the state law, the boundary lines of a 
 tunnel location must be delineated bj^ stakes or monuments placed along 
 the lines at an interval of not more than six hundred feet from its face 
 to its terminus of three thousand feet therefrom. 
 
 There is no hard and fast rule as to the number and position of 
 monuments of lode claims or placer locations upon unsurveyed 
 lands that will comply with the federal mining law; but the bound- 
 aries must be distinctly marked. The conformation and condition 
 of the ground located and the character and extent of the markings 
 must ultimately determine the sufficiency of the demarcation. Prop- 
 erly, a location should be so marked by the locator that one monument 
 can readily be seen from the other. This may necessitate the blazing 
 of trees along the line of the location, the cutting away of brush or the 
 digging up of the ground in a way to indicate the lines so that the 
 boundaries can be readily traced. In addition to the foregoing, a stake 
 or monument may be placed at each corner of the surface of the claim, 
 designating which corner it is with reference to the points of the com- 
 pass, and also containing the name of the claim or an intelligible 
 abbreviation thereof. 
 
 The courts are not in unison as to what will constitute sufficient 
 marking of a location but safety invites the procedure above set forth 
 in addition to the local statutory requirements. 
 
 § 10. Tying the Claim. 
 
 It is essential that the posted notice and the record of the location 
 contain a description of the claim located by reference to some natural 
 object or permanent monument as will identify the claim. Speaking 
 generally, any object or monument that will serve to identify the loca- 
 tion will be sufficient, but the locator should select the most prominent 
 object or monument possible under the circumstances. Stakes driven 
 into the ground are the most certain means of identification of mining 
 claims when there are no permanent monuments or natural objects 
 other than rocks or neighboring hills. The reference to such monu- 
 ments or objects required by the mining law applies only when such 
 reference can be made. 
 
 The reference made by the locator to the tie line is not, and is not 
 intended to be, as accurate and correct as if made by a competent sur- 
 veyor, but it should identify the location with reasonable certainty. 
 
 §11. Placer Locations. 
 
 The maximum size of a placer location is twenty acres for an 
 individual and one hundred sixty acres for an association of not less 
 
— 11 — 
 
 than eight persons, or if the association is composed of a less number, 
 twenty acres for each individual therein. 
 
 A placer claim upon surveyed or unsurveyed public land must be 
 located upon the ground in such shape and position as to conform as 
 nearly as reasonably practicable to the lines of the public survey. 
 
 This means that if the location is laid upon unsurveyed lands such 
 location, if reasonably practicable, should have east-and-west and north- 
 and-south bounding lines, should be rectangular, if practicable, and in 
 compact form. 
 
 When the placer deposit lies within a canyon, gulch, or an unnavi- 
 gable stream, the placer location may exclude land not useful for mining 
 purposes if conformity of location with subdivisional lines is unreason- 
 able. 
 
 Because of the recent (1935 and 1939) state legislation affecting 
 placer locations, it now is necessary that certain additional location 
 acts be performed. (See § 6a, § 6b and § 6d, supra.) 
 
 Tailings deposited upon public land initiate no right to dump 
 thereon ; but such land may be located as a placer mining claim by the 
 producer or another or by the producer as a mill site, for dumping 
 purposes, or it may be 'scripped.' If the tailings are allowed to 
 flow upon the land of another, he is entitled to them. If the tailings 
 are deposited so as to injure the land of another, without his consent, 
 the latter may recover damages or injunctive relief may be granted. 
 
 The smallest legal subdivision recognized and provided for by the 
 federal mining law is ten acres, which must be square in form. 
 
 The Californian mining law provides that the location of a placer 
 location shall be made 
 
 "by posting thereon, upon a tree, rock in place, stone, post or monument a notice of 
 location, containing the name of the claim, name of locator, or locators, date of 
 location, number of feet or acreage claimed, such a description of the claim by refer- 
 ence to some natural object or permanent monument as will identify the claim 
 located, and by marking the boundaries so that they may be readily traced ; provided, 
 that where the United States survey has been extended over the land embraced in the 
 location the claim may be taken by legal subdivisions and no other reference than 
 those of said survey shall be required and the boundaries of a claim so located and 
 described need not be staked or monumented. The description by legal subdivisions 
 shall be deemed the equivalent of marking." Civ. Code § 1426c. (§ 2303 Public Res. 
 Code). 
 
 Within ninety days after the posting of the notice of location, a 
 true copy thereof should be recorded in the office of the local count}' 
 recorder. (See § 17, post.) 
 
 Form of Placer Location Notice (on Surveyed Land) 
 
 Notice is hereby given that the undersigned has this day of , 
 
 19 , located a placer mining claim situate on public surveyed land in 
 
 Mining District, County of , State of California, described as follows : The 
 
 of section , in township , range , M. D. M., containing 
 
 acres. 
 
 This claim shall be known as the placer mining claim. 
 
 , Locator. 
 
 Note: {No witnesses required.) 
 
 Form of Placer Location Notice (on Unsurveyed Land) 
 
 Notice is hereby given that I, , have this day of , 19 , 
 
 located on public unsurveyed lands in the Mining District, County of , 
 
— 12 — 
 
 State of California, a placer claim described as follows: Beginning at a (tree, rock 
 in place, stone, post or monument) upon which is posted the notice of location, run- 
 ning thence (north) six hundred and sixty feet to a postmarked , thence (east) 
 
 thirteen hundred and twenty feet to a post marked , thence (south) six hun- 
 dred and sixty feet to a post marked , thence (west) thirteen hundred and 
 
 twenty feet to place of beginning. 
 
 All of said posts are at least four inches in diameter and set at least one foot 
 in the ground and surrounded by a mound of stones, and containing twenty acres. 
 
 This location is situated about (feet) distant from (name some natural object 
 or permanent monument). 
 
 The name of this claim is 
 
 , Locator. 
 
 Note: (No loitnesses required.) 
 
 § 12. Lode Locations. 
 
 Theoretically, a lode location should be in the form of a parallelo- 
 gram, having side lines fifteen hundred feet along the course or strike 
 of the vein or lode with parallel end lines running three hundred feet 
 on each side of the middle of the vein or lode at the surface. But a 
 lode location of less size and of different or any shape is valid ; for 
 instance, it may be in the form of a horseshoe or of an isosceles triangle ; 
 but such locations carry no extralateral rights. The side lines need not 
 be equidistant from the middle of the vein at the surface and the end 
 lines need not be straight nor of equal length ; but its end lines must 
 be parallel with each other or the location carries no extralateral right. 
 If the side lines be across, instead of along the vein, they become the 
 end lines and the location end lines become the side lines of the location 
 as laid upon the ground ; and the extralateral right is diminished 
 accordingly. The presumption is that a lode extends to the entire 
 length of the location, but nonmineral land within a placer location 
 may be eliminated by the land department. A valid lode location 
 includes the exclusive right of possession and enjoyment of the surface 
 within its lines and of all veins or lodes having a top or apex within 
 its lines. A location upon the dip of a vein or lode is invalid. 
 
 To be valid there must be a strict compliance with the local law 
 providing for the manner of locating lode claims, including the new 
 statutory requirement covering 'discovery' work and marking of 
 boundaries. (See § 6a and § 6e, supra.) 
 
 Form of Lode Location Notice 
 
 Notice is hereby given that I, , do hereby locate and claim (fifteen) 
 
 hundred linear feet of this vein or lode, together with surface ground extending 
 (three) hundred feet in width on each side of the middle of said vein or lode and 
 described as follows: Commencing at a post (or stone monument) where this 
 notice is posted, which post (or stone monument) is at the point of discovery on 
 said vein or lode and on the center line of this location, I hereby claim (six) 
 hundred feet extending in a (southioesterly) direction along the course of said vein 
 from said point of discovery to post (or stcne monument) at center of the (south- 
 erly) end line of this claim, and (nine) hundred feet in a (northeasterly) direction 
 also extending from said point of discovery to a post (or stone monument) at center 
 of the (northerly) end line of this location. The general course of the vein or lode 
 is (northeasterly) and (southioesterly) as near as can be determined from present 
 developments. The (northerly) end center post (or stone monument) is situated 
 
 about feet from (name some natural object or permanent monument) and 
 
 thence this claim extends (three) hundred feet (northwesterly) to the (northwest) 
 
— 13 — 
 
 corner; thence (southwesterly) (fifteen) hundred feet to the (southtcest) comer; 
 thence (southeasterly) (six) hundred feet to the (southeast) comer; thence (north- 
 easterly) (fifteen) hundred feet to the (northeast) comer; thence (three) hundred 
 feet (northwesterly) to the (northerly) end center post (or stone monument), the 
 place of beginning. 
 
 That there has been erected at each corner of this claim, or the nearest point 
 thereto, a post (or stone monument) marking such corner. 
 
 The name of this claim is and it is situated in Mining District, 
 
 County of , State of California. 
 
 , Locator. 
 
 Date 
 
 Note: (No witnesses required.) 
 
 (The post must ie not less than four inches in diameter and the stone 
 monument must be at least eighteen inches high.) 
 
 This diagram is Intended to give a general ideal plan of location. 
 
 Corner Post, or 
 Stone Monument 
 
 Corner Post, or 
 Stone Monument 
 
 4J 3 
 m c 
 po A 
 
 c c 
 
 Discovery Monument 
 1000 feet O 
 
 500 ft. 
 
 Discovery Shaft 
 
 CO C 
 
 p ° 
 
 c c 
 
 02 
 
 Corner Post, or 
 Stone Monument 
 
 Corner Post, or 
 Stone Monument 
 
 §13. Tunnel Site Locations. 
 
 In California the State law prescribes the manner of locating a 
 tunnel site. 
 
 A discovery of mineral is hot essential to create a tunnel right nor 
 to maintain possession thereof. A failure to work the tunnel site for 
 six months is considered an abandonment of the right to all undis- 
 covered veins on the line of the tunnel. The line of the tunnel is the 
 width thereof. The tunnel site must be located upon unappropriated 
 public land and by diligently prosecuting work thereon its claimant 
 has the right of possession of all veins or lodes within three thousand 
 feet from its face on the line thereof, not previously known to exist, 
 discovered in such tunnel, the same as if discovered from the surface. 
 When the discovery is made the tunnel site owner is called upon to 
 make a location on the surface of the ground containing the vein and 
 thus create a mining claim. Such vein may be located fifteen hundred 
 feet on either side of the tunnel or in such proportion thereof on either 
 side as may be desired. The right to such vein dates by relation back to 
 the time of the location of the tunnel. Surface mining claims located 
 by another person subsequent to the commencement of the construction 
 of the tunnel are taken and held subject to any rights of the tunnel 
 owner thereafter developed. The tunnel site may be utilized for 
 
— 14 — 
 
 development purposes and the work may be credited as assessment work 
 upon claims which are in fact benefited by it. A tunnel site can not be 
 patented. 
 
 Form of Tunnel Site Location Notice 
 
 Notice is hereby given that I, , have this day of , 19__, 
 
 located a tunnel site to be knowTi as the tunnel claim, situate in 
 
 Mining District, County of , State of California, and described as follows: 
 
 Commencing at this notice of location which is posted at the face or point of com- 
 mencement of this tunnel and situate about feet from a {blazed tree) 
 
 inches in diameter, marked {or some other natural object or permanent 
 
 monuinent) . The boundary lines of said tunnel site are marked by {stakes or mon'Ur 
 ments) placed along said lines at an interval of not more than six hundred feet from 
 the face or point of commencement of the tunnel to the terminus of three thousand 
 feet therefrom. 
 
 , Locator. 
 
 Note: {No witnesses required.) 
 
 §14. Mill Site Locations. 
 
 The proprietor of a vein or lode claim or the owner of a quartz 
 mill or reduction works may locate not more than five acres of non- 
 mineral land not adjacent to a lode as a mill site in the same manner 
 as the state law provides for the locating of placer claims. There is 
 no certain form required for a mill site, but it may be noted here that 
 seven hundred and twenty-six feet by three hundred feet contains 
 five acres. 
 
 A separate mill site is not, necessarily, complemental to each lode 
 location. If the lode location is forfeited or abandoned, the right to 
 the mill site is lost. There is no specific time within which a mill site 
 shall commence to be used as such but the land must be used in good 
 faith in connection with the ostensible purpose for which it was located. 
 It may be located for dumping purposes. It may be located within a 
 forest reserve but not within the limits of a railroad grant. Subsequent 
 mineral discovery within the mill site does not affect the title thereto. 
 
 No annual expenditure is necessary on a mill site nor is any 
 statutory expenditure required thereon when patent is applied for in 
 conjunction with a lode claim, as the expenditure on such claim is 
 sufficient. 
 
 FoBM OF Mill Site Location Notice 
 
 Notice is hereby given that I, , proprietor of that certain vein or lode 
 
 claim known as the mining claim (or tJie otcner of that certain quartz mill 
 
 or reduction works known as the ) has this day of , 19 — , 
 
 located five acres of nonmineral land to be known as the mill site, situate 
 
 in Mining District, County of , State of California, and described as 
 
 follows: Commencing at a point from which {nayne natural object or permanent 
 
 monument) bears , feet; thence {south) seven hundred and twenty-six feet; 
 
 thence {west) three hundred feet; thence {north) seven hundred and twenty-six 
 feet; thence {east) three hundred feet to the point of beginning. 
 
 The name of this mill site is 
 
 , Locator. 
 
 Note: {No witnesses required.) 
 
 § 15. Townsites. 
 
 No title can be acquired under a townsite entry to any vein of gold, 
 silver, cinnabar, copper, or lead, nor to any valid mining claim or pos- 
 session, held under existing laws. 
 
— 15 — 
 
 A valid mining claim, therefore, is not affected where it was known 
 prior to the townsite patent that a mineral vein existed where the dis- 
 covery was made. Differently stated : land held as a valid and subsist- 
 ing mining claim at the time of the issuance of the townsite patent, does 
 not pass under such patent, nor is the title or right of possession of the 
 location at all affected thereby. 
 
 Mineral land within a patented townsite can not be located. 
 
 There is no conflict between a lode or a placer patent and a town- 
 site patent, and there can be none. 
 
 A mill site has been held to be a mining claim within the purview 
 of the townsite act. 
 
 § 16. The Posted Notice of Location. 
 
 The state mining law provides that the locator of a lode claim shall 
 post a notice of such location at the point of discovery which notice 
 must contain: First, the name of the lode or claim; second, the name 
 of the locator or locators; third, the number of linear feet claimed in 
 length along the course of the vein, each way from the point of dis- 
 covery, with the width on each side of the center of the claim, and the 
 general course of the vein or lode, as near as may be ; fourth, the date 
 of location ; fifth, such a description of the claim by reference to some 
 natural object or permanent monument, as will identify the claim 
 located. 
 
 Within ninety days after posting the notice of location a true copy 
 of the same should be recorded in the office of the proper county 
 recorder. (See § 17.) 
 
 The posting of the notice upon the claim elsewhere than at the point 
 of discovery may invalidate the location. 
 
 Miners use various devices to protect the posted notice from 
 destruction by the elements, such as covering it with glass, or folding 
 it in a box and placing the box in a conspicuous place, or putting the 
 notice upon a mound of rocks, folding it and partially covering it with 
 rocks, or putting the notice in a tin can. 
 
 Subsequent wrongful destruction of a location notice when once 
 posted will not divest the interest of the locators, even that of a 
 colocator who may be unaware of the location. 
 
 § 17. (Public Resources Code Section 2313) (Chapter 644 of the Statutes of 1941). 
 
 This section has been amended to read as follows : 
 "Within ninety days after the posting of his notice of location 
 upon a lode mining claim, placer claim, tunnel right or location, or 
 mill site claim or location, the locator shall record a true copy of the 
 notice together with a statement of the markings of the boundaries 
 as required in this chapter, and of the performance of the required 
 discovery work, in the office of the county recorder of the county in 
 which such claim is situated. The county recorder shall receive a 
 fee of one dollar ($1) for this service." 
 
 This new law becomes effective on September 13, 1941. 
 
 The description of the location as appears from the record thereof 
 or in the patent is binding upon the locator or patentee except that if 
 
— 16 — 
 
 it varies from the markings actually upon the ground the latter prevail, 
 although they may include less ground than called for by the record. 
 
 Under the provisions of Californian law the identity of the location 
 upon the ground may be established by incorporating into the record 
 the field notes and certificate of a survey thereof made by a United 
 States mineral surveyor or by a state licensed surveyor. 
 
 § 18. Relocation. 
 
 A subsequent location of a forfeited or abandoned mining claim is 
 a relocation and not an original nor amended location. It is made in 
 the same manner and is subject to the same conditions as an original 
 location. It is void if it embraces a valid and subsisting claim. A 
 valid relocation on the ground of forfeiture can not be made until after 
 the expiration of the assessment year; i. e., after 12 o'clock noon on 
 July 1 ; but an abandonment of the claim within that period gives the 
 right of immediate relocation. All improvements which are attached 
 to or become a part of the realty pass to the relocator. A location in 
 California made subsequent to the act of 1908 can not be relocated by 
 the original locator, to avoid forfeiture, within three years after the 
 date of the original location. The location rights, however, may be 
 preserved by a resumption of labor within that time, in the absence of 
 an intervening right. There can be no provisional relocations; that is 
 to say, the validity of the relocation can not be made to depend on 
 whether or not the mine owner failed to do the annual work subse- 
 quently or may abandon his claim. A mining claim is not subject to 
 relocation for failure to perform the assessment work if such work has 
 been resumed after the expiration of the year and before any valid 
 relocation is attempted. A person, holding confidential relations with 
 the owner of a mining claim, for example, a lessee or optionee, who in 
 violation of a contract or in breach of the trust attempts to relocate 
 the claim in his own name, will be held as a trustee for the rightful 
 owner and he will secure no advantage by such act. A relocation by a 
 cotenant inures to the benefit of his cotenants and he can not by record- 
 ing in his own name prejudice their rights nor forfeit his own undivided 
 interest thereby. A relocator or other person may attack the verity of 
 the recorded affidavit of labor and show its falsity. 
 
 See also § 6c, supra. 
 
 § 19. Amendment of Location or Record. 
 
 The office of an amended location is to cure defects or supply 
 omissions in the original location or in the posted notice or the record. 
 It may serve to change the boundaries or the name of the claim or add 
 the names of additional locators. It may include additional territory 
 if without prejudice to the rights of others. It does not require addi- 
 tional discovery in the added ground, physical possession nor additional 
 expenditure. It works no forfeiture of previously acquired rights not 
 inconsistent with the amendment. It relates back to the date of the 
 original notice where no adverse rights have intervened. It must be 
 based upon a preexisting but not necessarily perfect location. It can 
 not be made to exclude the name of a colocator without his knowledge 
 and consent. It can not be made by a person who has parted with his 
 title. There is no limit as to the time within which it may be posted 
 or recorded. 
 
— 17 — 
 
 Form of Amended Location Notice 
 
 Know all men by these presents, that , the undersigned, has this 
 
 day of , 19 , amended, located, and claimed and by these presents does 
 
 amend, locate, and claim by right of discovery and amended location in compliance 
 with section 1426h of the Civil Code of California (fifteen) hundred linear feet of 
 
 the lode, vein, ledge, or deposit along the vein together with (three) hundred 
 
 feet on each side of the middle of the said vein at the surface situate in 
 
 Mining District, County of , State of California, and described as follows : 
 
 Beginning at comer No. 1, whence (name some natural ohject or permanent monu- 
 ment) is distant feet; thence (northeasterly) (fifteen) hundred feet to 
 
 corner No. 2; thence (southeasterly) (three) hundred feet to comer No. 3; thence 
 (southicesterly) (fifteen) hundred feet to comer No. 4; thence (northicesterly) 
 (three) hundred feet to point of beginning. This being the same lode originally 
 
 located on the day of , , and recorded on the day of , 
 
 , in Book , page of records in the office of county 
 
 recorder of said County. This further and amended notice of location is 
 
 made without waiver of any previously acquired rights, but for the purpose of 
 correcting any errors or defects or omissions in the original location, description, or 
 record and to secure all the benefits of said section of said Civil Code. 
 
 , Locator. 
 
 §20. Annual Expenditure or 'Assessment Work.' 
 
 Annual expenditure consists of labor done or improvements made 
 upon both lode and placer claims and must be worth at least one hun- 
 dred dollars. It must be done or made before twelve o 'clock noon of the 
 first day of July of each year subsequent to the location year until 
 patent or the receiver's final receipt has issued to the mine claimant 
 (unless congress has declared a moratorium for that particular year, 
 which must be consulted as each moratorium may, and usually does, 
 vary in detail or unless the location was made prior to govern- 
 mental withdrawal or the Leasing Act. Within withdrawn areas 
 neither assessment work nor patent is necessary to preserve the pos- 
 sessory right of the claimant ; and he holds his claim in perpetuity 
 unless he loses his rights by abandonment). If not so made, and there 
 is no resumption of labor the claim is subject to adverse relocation. 
 
 Assessment work may be done either underground or upon the 
 surface, upon or off the claim itself, if of benefit or value to it. Any 
 work done for the purpose of discovering minerals is 'improvements' 
 within the spirit of the statute. Any building, machinery, roadway, 
 or other improvement used in connection with, and essential to the prac- 
 tical development of the claim will enter into and form a part of the 
 expenditure for improvements. Under some circumstances the services 
 of a watchman may be counted as annual expenditure. In determining 
 the amount of work done on a claim for the purpose of representation, 
 the test is as to the reasonable value of said work, not what was paid 
 for it nor what the contract price was, but it depends entirely upon 
 whether or not said work was worth the sum of one hundred dollars. 
 
 Labor may be done or improvements made upon or at a distance 
 from any one of the locations comprising a group of claims when of 
 benefit and value to the entire group. Any location within the group not 
 so benefited may become subject to forfeiture. The expenditure must 
 equal in the aggregate the amount required on all the locations. The test 
 of sufficiency is whether the expenditure tends to facilitate the develop- 
 ment or actually promotes or directly tends to promote the extraction 
 of mineral from or improve the property or be necessary for its care 
 or the protection of the mining works thereon or pertaining thereto. 
 
— 18 — 
 
 The amount of the annual expenditure upon a placer claim is the 
 same whether for twenty acres or on an association claim of one hun- 
 dred and sixty acres ; viz., one hundred dollars. 
 
 A certain number of days work at a certain sum a day, or work 
 of a certain character or extent do not constitute the requisite expendi- 
 ture under the mining laws. 
 
 Labor done or improvements made may be sufficient to hold the 
 claim although not in fact paid for or when gratuitously performed; 
 but payment for work not done will not suffice. 
 
 The annual expenditure may be made by the locator, his heirs, 
 assigns or legal representatives, or by some one in privity therewith, 
 or by one who has an equitable or beneficial interest. A stockholder in 
 a corporation claiming the property, or a receiver appointed by a court 
 are within the rule; but labor done or improvements made by a tres- 
 passer or stranger to the title will not inure to the benefit of the 
 claimant. 
 
 Annual expenditure is not required upon a mill site nor upon a 
 tunnel site; but failure to prosecute the work on the tunnel for six 
 months shall be considered as an abandonment of the right to all 
 undiscovered veins on the line of such tunnel. Yet the work on it may 
 count as annual labor on claims which it is so run as to cut and develop ; 
 or be applied as patent expenditure. 
 
 Wrongful adverse possession of a mining claim excuses the right- 
 ful owner or locator from doing the assessment work required by law, 
 during the time of such adverse possession. 
 
 See § 36 for distinction between 'assessment' and 'discovery' work. 
 
 §20a. Contribution. 
 
 Persons who acquire undivided interests in a mining claim by 
 location or otherwise are known as cotenants or coowners, and any one 
 or more who fail to contribute the proportionate share of the assess- 
 ment expenditure may be "advertised out" by the remaining party or 
 parties. This may be done by personal service, in writing, or by 
 publication in a 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 one hundred and eighty days from the 
 first day of such publication such delinquent or delinquents should fail 
 or refuse to contribute his proportion of the expenditure required by 
 law, his interest in the claim shall become the property of his coowners 
 who have made the required expenditures and given said notice. The 
 Californian law provides for the giving of such notice for contribution 
 and the mamier of establishing the same of record in the office of the 
 local county recorder, and also of the fact of payment or nonpayment, 
 as the case may be. 
 
 Annual assessment work may be applied to patent expenditure. 
 
 §21. Proof of Annual Labor. 
 
 The Californian mining law provides for the making, recording 
 and legal effect of affidavits of annual expenditure. Within thirty 
 days after the time limited for performing labor or making improve- 
 ments upon a mining claim — that is, 12 o'clock noon of July first — the 
 mine owner or some one in his behalf may make and have recorded by 
 
— 19 — 
 
 the local county recorder an affidavit setting forth the value of the 
 labor and improvements made, the name of the claim or claims, and 
 the name of the owner or claimant of such claim at whose expense the 
 same was made or performed. If this affidavit is filed before or within 
 the said time, it presents prima facie evidence of the facts prop- 
 erly therein stated ; but not otherwise. If filed after said thirty 
 days, it has no legal effect. This affidavit does not prevent other proof 
 by the claimant nor attack by his adversary. Neither the failure to 
 record the affidavit nor a mistake therein will work a forfeiture of the 
 location. Its due filing tends to prevent an adverse relocation. 
 
 FoEJi OF Affidavit of Annual Labor 
 
 State of California! 
 County of J 
 
 , being first duly sworn, deposes and says, that at least {one) hundred 
 
 dollars worth of labor was performed (or improvements made) between 12 o'clock 
 
 noon of the first day of July, 19 , and 12 o'clock noon of the first day of July, 
 
 19 , upon the mining claim situate in the Mining District, County 
 
 of , State of California. Such expenditure was made by or at the expense 
 
 of , the owner of said claim, for the purpose of complying with the federal 
 
 and Californian mining laws pertaining to annual assessment work. 
 
 Subscribed and sworn to before me this day of , 19 . , 
 
 Notary Public in and for the County of , State of California. 
 
 My commission expires 
 
 §22. Resumption of Labor. 
 
 A mine claimant who has failed to do the annual labor during the 
 statutory assessment year may resume work at any time thereafter, in 
 the absence of an intervening right. 
 
 To "resume work" is to begin work in good faith and diligently 
 prosecute the same to completion before a valid adverse relocation, and 
 thereafter the rights of the mine claimant are precisely what they were 
 before the default. 
 
 Work is not resumed by the mere purchase of material or the mere 
 bringing of the same upon the claim. 
 
 The Federal Leasing Act of 1920 did not have the effect of extin- 
 guishing the right of the locator under the mining act to save his claim 
 under the original location b}^ resuming work at any time after failure 
 to perform the annual assessment labor in the absence of adverse reloca- 
 tion or intervening right. 
 
 §23. Independent Contractor. 
 
 Where the mine owner retains the right to direct the mode and 
 manner in which the assessment work shall be done for an agreed per 
 diem, the relation of master and servant exists and the employer is 
 liable in damages for injuries which may be sustained by his employee 
 while he is engaged in such employment. But, if work is done under 
 a contract, such as to excavate a tunnel of certain dimensions for an 
 agreed number of lineal feet, or to sink a shaft of a certain size to a 
 certain depth, for an agreed amount, and the mine owner has no right 
 of control as to the mode of doing the work contracted for, the party so 
 doing such work is an independent contractor, and he, and not the 
 mine owner, is liable for such injuries. 
 
— 20 — 
 
 Form of Contract 
 
 The terms of the agreement made this day of , 19 , between 
 
 , party of the first part, and , party of the second part, are as follows, 
 
 viz : That the said party of the second part shall excavate or run lineal 
 
 feet of tunnel work within the mining claim situate in the Mining 
 
 District, County of and State of California, commencing at a point to wit: 
 
 feet (southwest) and feet (west) from the (east end center monu- 
 ment of said claim) for the agreed sum or price of dollars per lineal feet; 
 
 said tunnel to be feet in width and feet in height, in the clear, and 
 
 to be timbered where necessary. Payment therefor by said party of the first part 
 
 shall be made in full within days after the full completion of said work. 
 
 Work upon said tunnel under this contract shall commence within days from 
 
 the date hereof and the same shall be fully completed in proper and minerlike 
 manner by said party of the second part on or before the thirtieth day of June next 
 thereafter ensuing ; said party of the second part to hold said party of the first part 
 harmless as against all and every lien of laborers, miners, and mechanics, and for 
 materials furnished. 
 
 In witness whereof the said parties hereto have hereunto, and to its duplicate, 
 set their hands the day and year lirst above written. 
 
 §24. Patents. 
 
 A patent is not essential to the enjoyment of a mining claim. 
 There is no restriction as to the time when it shall be applied for nor as 
 to its use or sale. It confers no greater mining rights than those 
 obtained by a valid location. It, however, establishes the exterior 
 boundaries of the claim, that discovery has been made, and dispenses 
 with the performance of annual labor. A patent is not always conclu- 
 sive of the title, as, for one thing, it may, possibly, be shown that the 
 patentee is an undisclosed trustee. 
 
 Lode, and placer locations upon unsurveyed lands, must be officially 
 surveyed for patent. No survey is required for placer locations laid 
 in conformity with legal subdivisions. 
 
 § 25. Adverse Claims. 
 
 When a patent is applied for, the o^\^ler of a prior conflicting 
 location must duly institute adverse proceedings ; otherwise, he will be 
 treated in law as ha\dng voluntarily waived his prior and superior 
 rights, and his adversary will secure a patent covering his location or a 
 part thereof. The adverse must be filed in the local land office within 
 the sixt3^-day publication of the application for patent and followed by 
 suit in a court of competent jurisdiction within thirty days thereafter 
 and be diligently prosecuted to final judgment. No equitable title nor 
 existing lien is disturbed by the issuance of the patent. 
 
 §26. Protests. 
 
 A protest may be filed at any time by any person before patent 
 actually issues. The protest may be directed against the patenting of 
 the claim as applied for upon any ground tending to show that the 
 applicant has failed to comply in any matter essential to a valid entry 
 under the patent proceedings ; as for instance, that no mineral has been 
 disclosed within the claim applied for, that the necessary expenditure 
 of five hundred dollars has not been made by the proper party; or it 
 may be filed by a cotenant excluded from the application for patent. 
 A protest never can take the place of an adverse. 
 
— 21 — 
 
 §27. Tenancy in Common. 
 
 A tenancy in common arises from the joint location of or ownership 
 in a mining claim and consists of undivided interests therein. The 
 parties thereto are not mining partners unless they work the mine 
 together by agreement. A cotenant who does not exclude his cotenants, 
 may work the mine in the usual way and extract ore therefrom without 
 being chargeable with waste or liable to the other cotenants for damages, 
 and an injunction will not be granted at their instance to prevent the 
 working of the mine. 
 
 The operating cotenant works the property at his own expense; 
 he alone must sustain any loss which results from his working the 
 property and he alone is responsible for the debts thereby contracted ; 
 he must account to the nonparticipating cotenants for their pro rata 
 share in the net results. 
 
 The title of a cotenant may be divested after due notice, to con- 
 tribute his proportion of the annual expenditure, or by the actual 
 adverse possession for the statutory period of the other cotenants, or 
 some of them, evidenced by ouster, or by obtaining a patent from the 
 government in their own names unless the excluded cotenant brings 
 suit to enforce the trust when not barred by laches, the statute of 
 limitations or the rights of third parties without notice. Hence, such 
 excluded cotenant need neither file an 'adverse' nor a protest against 
 such application for patent. A cotenant becomes a trustee for his 
 cotenants when he relocates the claim or permits its relocation by a 
 third person with whom he is in collusion, or obtains a patent in his 
 own name. 
 
 A cotenant may maintain an action for the recovery of the claim 
 without joining his cotenants. A cotenant may sell or encumber his 
 undivided interest at pleasure but he can not sell, lease, or encumber 
 a specific part of the common land. 
 
 See, also, § 33. 
 
 §28. Mining Partnerships. 
 
 To constitute a mining partnership, two or more parties must be 
 associated together in the ownership or possession of a mining claim in 
 some way and actually engage in working the same. 
 
 The partnership is not dissolved by the death of a partner nor by 
 the sale of a partnership interest. The purchaser, from the date of 
 his purchase, becomes a member of the partnership. The partners are 
 in the relation of trustees for each other. The property worked and 
 the business of the partnership may be controlled by a majority of the 
 members of the partnership acting for the best interest of all concerned. 
 Each partner is jointly liable for the debts of the firm. 
 
 As previously suggested, the property worked is not necessarily 
 property owned by the partnership, if it be so, it is subject to the lien 
 of each member of the firm for debt due to himself or to the creditors 
 of the firm. One mining partner may sue his copartner for an 
 accounting. A partner may properly sell his interest at a greater 
 price than that received by the other partners. 
 
 §29. Grubstake Contracts. 
 
 A grubstake contract is an agreement, in writing, and recorded in 
 the office of the county recorder of the county in which said instrument 
 
— 22 — 
 
 is made. It must be duly acknowledged before a notary public or other 
 person competent to take acknowledgment. It is prima facie evidence 
 in all courts of this state in all cases wherein the title to mining loca- 
 tions and other locations under the mining laws of this state are in dis- 
 pute. 
 
 A grubstake, or prospecting contract, as it is sometimes called, is 
 where one of the parties thereto, called the outfitter, is to furnish the 
 other, called the prospector, supplies, money or both, to and while the 
 other is prospecting for and obtaining mineral land, by location, for 
 their joint advantage or in such proportion as may be agreed upon. 
 It is the duty of the prospector to use reasonable diligence and make 
 reasonable exertions in seeking mineral deposits, and within a reason- 
 able time make proper location covering discovery. It does not consti- 
 tute a 'mining partnership' unless the parties thereto actually engage 
 in the joint working of the property; otherwise, they are tenants in 
 common. 
 
 All locations made during the existence of the contract inure to 
 the benefit of each of the parties thereto, whether made in the name of 
 only one of them, or in the name of a third person, at the instigation of 
 either. Where a prospector conceals locations made in his own name, 
 or for him, individually, he holds the title thus acquired, or the property 
 for which it is exchanged or the price for which it is sold as a trustee 
 in bad faith for the use and benefit of the outfitter, and will be com- 
 pelled to mal^e restitution. 
 
 It is essential to a right in mining property acquired under a 
 grubstake contract that such property should be acquired by means of 
 the grubstake furnished and pursuant to such contract. 
 
 The contract must be founded upon an adequate consideration, 
 and be just and reasonable ; that is, it must not be a hard bargain on 
 the prospectoT. 
 
 §30. Option. 
 
 An option is a right acquired by contract to accept or reject a 
 present offer within a limited time. It may be coupled with a lease. 
 Time is of the essence of the contract, whether so therein expressed 
 or not. It must be based upon a sufficient consideration ; otherwise, it 
 may be withdrawn at any time before acceptance. A consideration of 
 one dollar, in the absence of fraud or bad faith, or the making of 
 expenditures upon the property, as for instance, the performance of 
 the annual assessment work thereon, is a sufficient consideration. After 
 acceptance by the optionee, the parties are mutually bound and the 
 option may be specifically enforced. An option usually is accompanied 
 by the duly executed deed of the optioner, which is placed in escrow 
 to be delivered to the optionee upon his performance of the conditions 
 of the option, or to be returned to the maker in the event of default ; 
 in the meantime the title to the property remains in the grantor and 
 subject to claims against him. The deed w^hen delivered will relate 
 back to the date of the escrow agreement and cut off any intervening 
 rights or equities acquired bj^ a third partj' who had notice of the terms 
 and conditions of the escrow. Hence, the option should be recorded 
 by its holder. At the time the escrow is made, and as a part thereof 
 the option holder properly should execute a quitclaim of the property 
 
— 23 — 
 
 to the optioner to be delivered to him upon default of the optionee or 
 to the latter upon full compliance with the terms of the option. This 
 is to clear the record title to the property, if there be no conveyance 
 under the terms of the option. 
 
 Delivery of the deed by the escrow holder, contrary to instruction, 
 confers no title, particularly as against those who take with notice. 
 
 Short Form of Option 
 
 In consideration of the sum of dollars, to me in hand paid, I, the 
 
 undersigned, will sell to my certain mining claim known as situate 
 
 in Mining District, County of and State of for the sum 
 
 of dollars, at any time within months from date, payable as follows, 
 
 to wit : . 
 
 Upon full payment made I will convey said mining claim to said optionee by 
 a good and sufficient deed. 
 
 The right of entry and possession of said premises is hereby given to said 
 optionee together with the right to extract ore therefrom, but with no right thereto 
 or removal thereof, unless and until this option be consummated according to its 
 terms. 
 
 All work done upon said mining claim by said optionee shall be done in a 
 minerlike manner and at the sole cost and expense of the optionee. Actual work 
 
 upon said premises to commence on and to proceed with reasonable diligence 
 
 unless prevented by strikes, the elements, unavoidable accidents or other causes 
 beyond the control of the optionee. 
 
 The optionee shall keep said premises free and clear of all costs, liens and 
 encumbrances done, made or suffered by him — and see that the notice of non- 
 responsibility which may be posted by the optioner upon said premises to protect 
 the same from such liens, is kept in place. 
 
 The optionee hereby agrees to carry workmen's compensation insurance in a 
 responsible company, said policy to be placed in force immediately upon the com- 
 mencement of said work. 
 
 The optionee shall and will quietly and peaceably quit and surrender said 
 premises and any ore extracted by him therefrom upon the termination of this 
 option from any legal cause. 
 
 Upon the failure to make any payments herein provided for upon said purchase 
 price of said premises at the time herein specified for the same to be made, the 
 right of the optionee shall immediately cease and determine and the payments 
 theretofore made by him shall immediately become the property of the optioner, 
 and the optionee hereby waives all claim thereto. 
 
 All machinery and improvements placed upon said premises by the optionee 
 may be removed by him within days after the termination of this option. 
 
 Witness my hand this day of 
 
 §31. Leases. 
 
 Each mining lease has its own peculiar details. The form of words 
 used is of no consequence. It is the intention of the parties, as expressed 
 in the instrument, and not its form that determines whether it is a lease 
 or a license or a contract for labor. If the contract gives exclusive pos- 
 session it is a lease ; if it merely confers the privilege of occupation, 
 under the owner, it is a license ; if it fixes a rule for compensation for 
 services rendered, as, for instance, a share of the profits realized in 
 working the mine, it is a contract for labor. A lease is sometimes 
 coupled with an option to purchase the property leased, in which case 
 they are separate instruments and the option may outlive the lease. 
 Time is always of the essence of both documents whether so expressly 
 stated or not. Where there is any doubt or uncertainty as to the mean- 
 ing of covenants in such a lease they are construed strongly against 
 the lessor and in favor of the lessee. A covenant to work the property 
 
— 24 — 
 
 continuously means continuous to the end of the term. A mere cove- 
 nant to work the property is not tantamount to a covenant to work 
 continuously. If the payment of royalty is provided for, the lessee 
 is bound to proceed with his mining operations with reasonable dili- 
 gence. The lease is subject to abandonment or forfeiture. A location 
 may be made and leased on the same day. No lease should be for a 
 longer period than twenty-five years. If it be for a period of one year, 
 or less, it need not be in writing. Where there is no agreement in the 
 lease against subletting, the lessee has the right to sublease all or por- 
 tions of the land for the purpose specified in the lease. A stipulation 
 as to the removal of machinery or other improvements placed by the 
 lessee is controlling. The term 'gross proceeds' means the entire pro- 
 ceeds of the ore mined, less the cost of sampling, freight, and treat- 
 ment of the ores. 
 
 Short Form of Lease 
 
 This agreement of lease made and entered into this day of , 
 
 19 , by and between and Witnesseth : That the lessor for and in 
 
 consideration of dollars, cash in hand paid, receipt of which is hereby 
 
 acknowledged, and of the covenants and agreements hereinafter contained on the 
 part of the lessee to be paid, kept and performed, does grant, convey, demise, and let 
 
 exclusively unto the said lessee that certain tract of land situate in Mining 
 
 District, County of , State of California, described as follows: 
 
 (Insert description) 
 
 for the sole purpose of exploring, operating and mining precious and other minerals 
 
 and to sell the products thereof and to pay to the lessee a royalty of per cent 
 
 of the gross proceeds within ten days after each clean up. 
 
 The lessee agrees to keep said premises free and clear of all costs, liens and 
 encumbrances done, made or suffered by permit, the lessor to place and maintain in 
 a conspicuous place upon said premises such notice as shall be lawfully necessary 
 to protect the lessor against such claims. 
 
 All machinery and improvements placed upon said premises by the lessee 
 may be removed by him within days after the termination of this lease. 
 
 The lessee hereby agrees to carry a workmen's compensation policy in a 
 responsible company ; said policy to be placed in force upon the commencement of 
 said work. 
 
 It is agreed that this lease shall remain in force for a term of years 
 
 from this date. 
 
 Witness our hands the day and year first above written. 
 
 Form of Notice of Nonresponsibility foe Labor or Materials Furnished 
 
 Notice is hereby given to all persons, that the undersigned is the owner 
 
 of mine (or mining claims) hereinafter described, with all the improvements 
 
 thereon. That said mine (or mining claims) now is in the possession of and is 
 
 being worked and operated by , pursuant to a contract (or option to purchase, 
 
 or lease) made and executed by the undersigned in favor of said , dated 
 
 19 , said contract (or option to purchase, or lease) to be in force up 
 
 to and including 19 . 
 
 The undersigned is not working nor operating said mine (or mining claims), 
 nor any portion thereof, and does not intend to work or operate said mine (or 
 mining claims), nor any part thereof, nor purchase any supplies or materials there- 
 for, during the life of said contract (or option to purchase, or lease) with said 
 
 The name of said mine (or mining claims) is and is situate, lying and 
 
 being in Mining District, County of , State of California. The notice 
 
 of location of said mine (or mining claims) being duly recorded in Book , 
 
 at page , of the records of said county in the oiEce of the county 
 
 recorder of said county to which said record reference is hereby made for a more 
 particular description of said mine (or mining claims). 
 
 In witness whereof, the said has hereunto set his hand this 
 
 day of , 19 
 
— 25 — 
 
 State of California) ^^ 
 County of j 
 
 , "being first duly sworn, according to law, deposes and says : That he 
 
 is the owner of the premises particularly mentioned and described in the foregoing 
 Notice of Nonresponsibility for Labor or Materials Furnished. That he has read 
 the same and knows the contents thereof. That the same is true of his own 
 knowledge. Subscribed and sworn to before me this day of , 19 
 
 Notary Public in and for the County of 
 State of California. 
 
 My commission expires . 
 
 Note. — This notice must be posted in a conspicuous place upon the property 
 within ten days after the owner (or person having or claiming interest therein) has 
 obtained knowledge of construction, alteration or repair work or labor upon such 
 property and file for record a verified copy of said notice in the oflSce of the proper 
 county recorder. The foregoing verification may be made by any one having knowl- 
 edge of the facts, on behalf of the owner or person for whose protection the notice 
 is given. 
 
 §32. Deeds. 
 
 A mining claim can be transferred only by operation of law or by 
 a deed in writing; but a discoverer of mineral may transfer his right 
 of location by parol. A mining claim which has a known descriptive 
 name may be sufficiently described by such name, coupled with a proper 
 reference to the record, or if patented, to the survey number. That a 
 claim is known by several names and only one of them is given in the 
 deed is immaterial. Minerals may be granted without the surface, or 
 vice versa. Where there is a severance, the owner of the mineral has 
 a right to occupy so much of the surface as is reasonably necessary for 
 mining purposes. No attesting witnesses to the execution of a deed are 
 required. If the title to an unpatented claim stands alone in the name 
 of one spouse, it is not essential to the title that the other spouse should 
 join in the execution of the deed. 
 
 A quitclaim deed is sufficient to pass the title, if clear. 
 
 FoBM OF Deed 
 
 I, . grant (or quitclaim) to , that certain mining claim situate 
 
 in the Mining District, County of , State of California, and being the 
 
 miiiinj? claim, and more fully described in volume , page , of the 
 
 records of (quartz claims) records of said county (or leing Mineral Survey No. ). 
 
 Witness my hand this (insert day) of (insert month), 19 . 
 
 §33. Working the Claim. 
 
 To 'work' a mining claim is to do something toward making it 
 productive, such as developing or extracting an orebody after it is dis- 
 covered. 
 
 A mine owner is entitled to work his mining claim in a lawful 
 manner; but no manner can be considered lawful which precludes 
 another from the enjoyment of his rights, if his work in fact injures 
 the property of another, be he ever so cautious or careful to avoid 
 injurious consequences. (For instance, allowing his tailings to flow 
 upon another's land without his consent.) In such case, the trespasser 
 not only loses his title to the tailings but is liable for damages besides. 
 
— 26 — 
 
 The word 'shift' means a set of workmen who work in turn with 
 other shifts, as a night shift. It means, also, a day's work. 
 See, also, § 27. 
 
 § 34. Payment of Wages. 
 
 Every person, firm or corporation engaged in the business of 
 extracting, or of extracting and refining or reducing metals or minerals 
 other than petroleum, other than parties having a free and unencum- 
 bered title to the fee of the property being worked, and also other than 
 mining partnerships in respect to the members of the partnerships, 
 must, before commencing work in any period for which a single pay- 
 .ment of wages is made, have on hand either physically or by deposit 
 with a bank or trust company, in the county where such property is 
 located, or, if there is no bank or trust company in the county, then 
 in the bank or trust company nearest the property, cash or readily 
 salable securities of a market value equivalent to such cash, in a suffi- 
 cient amount to make the payment of wages of every person employed 
 on the mining property, or in connection therewith, for such period. 
 
 A violation of this act constitutes a misdemeanor. 
 
 See, also, § 23. 
 
 § 35. Fixtures. 
 
 A 'fixture' is an article which may or may not actually be affixed 
 to the mine. In this state sluice boxes, flumes, hose, pipes, railway 
 tracks, blacksmith shops, mills, and all other machinery or tools used 
 in working, or developing a mine are deemed to be affixed to the mine. 
 See also § 18. 
 
 § 36. Location Work and Assessment Work Distinguished. 
 
 Confusion of thought has arisen among mining locators as to the 
 effect of the provision of the recently enacted state mining law relating 
 to 'location' or 'discovery' work upon both lode and placer mining 
 claims as effecting the federal requirement of annual assessment work 
 upon such locations. There is no conflict between the two laws nor is 
 the one merged with the other. Hence, a location of either lode or 
 placer is null and void unless such location work is duly performed; 
 and the possessory right to an unpatented location can not be main- 
 tained without due performance of the annual assessment work. 
 
 In other words, the state statute places an additional burden upon 
 the mining locator, on claims filed on and after September 15, 1935. 
 
 3643 9-41 2M 
 
STATE OF CALIFORNIA 
 DEPARTMENT OF NATURAL RESOURCES 
 
 DIVISION OF MINES 
 
 CORDIALLY INVITES YOU TO VISIT 
 
 ITS VARIOUS DEPARTMENTS MAINTAINED 
 
 FOR THE PURPOSE OF FURTHERING 
 
 THE DEVELOPMENT OF THE 
 
 MINERAL RESOURCES OF CALI- 
 FORNIA 
 
 At the service of the public are the scientific 
 reference library and reading room, the general 
 information bureau, the laboratory for the free 
 determination of mineral samples found in the 
 State, and the largest museum of mineral speci- 
 mens on the Pacific Coast. The time and atten- 
 tion of the State Mineralogist, as well as that of 
 his technical staff, are also at your disposal. 
 Office hours: 9 a.m. to 5 p.m. daily. 
 Saturday, 9 a.m. to 12 m. 
 (Except July and August, 8 a.m. to 4 p.m.) 
 
 WALTER W. BRADLEY, 
 
 State Mineralogist. 
 
 Third floor, Ferry Building, San Francisco, Cal. 
 Branch Offices: State Building, Los Angeles; 
 State Office Building, Sacramento; Chamber of 
 Commerce, Redding. 
 
THIS BOOK IS DUE ON THE LAST DATE 
 STAMPED BELOW 
 
 AN INITIAL FINE OF 25 CENTS 
 
 WILL BE ASSESSED FOR FAILURE TO RETURN 
 THIS BOOK ON THE DATE DUE. THE PENALTY 
 WILL INCREASE TO SO CENTS ON THE FOURTH 
 DAY AND TO $1.00 ON THE SEVENTH DAY 
 OVERDUE. 
 
 DUE OCT 2 ^970 
 
 m 
 
 01981 
 
 WED 
 
 ■ 1 
 
 PHYS SCI LIERARY 
 
 PHVSsc/ 
 
 PHYS SCI LIBRARY 
 
 "08 I9M 
 
 Book Slip-25TO-7,'53(A899884)458 
 
PHYSICAL 
 SCIENCES 
 LIBRARY 
 
 TN24' 
 A5 
 
 3 1175 00490 0240 
 
 LIBRARY 
 
 UNIVERSITY OF CMJfCmmM 
 
 DAVIS 
 
 113356