Show RECENT MINING DECISIONS complied compiled by judge E V higgins D F FW walker alker building salt lahe mines and mining claims forfeiture relocation resumption tion of work evidence I 1 where a local regulation requires a notice of a mining claim to be posted at each end thereof and notice was posted at only one end all other regulations being complied with the failure to post at both ends did not work a forfeiture in the absence of a rule so providing 2 under rev st U S see sec 2324 providing that on the failure of a claimant to perform the requisite amount of work on a mine it shall be open to relocation unless the original locators have resumed work on a mine before such relocation where plaintiff in good faith resumed work on a mine previously located behim by him the day before the defendants fend ants location thereof plaintiff has the superior right thereto 3 plaintiffs employee testified that he went on the mining claim december 30 and commenced work thereon on the the merchant of whom he purchased supplies testified that they were delivered on the claim lo io such employee on the defendant and another testified that they went to the claim and around its boundaries on the and saw no one working there but did not go where the employee said he was at work held that the testimony of the employee P that he worked there on the was 4 where a valid location of a mining claim has bel been made and work done thereon in good faith possession maintained and no intention to abandon has been shown the law should be construed liberally prevent to a forfeiture emmerson et al v Whiter Mc et al 65 pac rep cal patre page 1636 lease of mining claims termination corporation unauthorized acts of officers ratification exceptions appeal 1 plaintiff leased a mining claim of defendant company the lease was executed by the companas comp anys superintendent and provided if there should be a sale or transfer of the property during the term plaintiff would surrender and the lease be void soon after plaintiff struck ore in paying quantities and such superintendent falsely notified plaintiff that the property had changed hands and directed him to quit work which he did and surrendered the mine to the defendant company held that plaintiff was justified in relying upon the notice received 2 where the superintendent of a m mining in company who executed the lease falsely notified the lessee that the property was sold and to quit work as the lease provided in in that event and the company ratified such notice by refusing to reinstate the tenant after his discovery that the property was not sold the company was responsible for such act of its officer though he had not been specially authorized to make the false statements by the directors 3 A mining lease provided that thai it should terminate on a sale safe or transfer of the property during the term held that the word transfer as there used related to a transfer of title and not to a mere transfer of right of possession 4 without knowledge ol of plaintiffs plaintiff Is counsel defendants counsel with consent of the court went to the court reporters room and there caused exceptions to be noted by the reporter to part of the charge and to refusals to charge held error assigned on exceptions so noted should not be considered ober v schenck et al utah 65 pac rep 1073 |