OCR Text |
Show Important to Miners. A question ques-tion has been put to ns in this shapo : Can a title pass from tho original lo- ! oators of a claim, who hire men to do tho work required by law and refuse to pay them, to those who do the work ? The fifth section of tho Mining act of 1872 provides that a co owner who doea tno required worK on a ciaitu euo, duly notifying tho oo-locatora or own-ors, own-ors, or by publishing a notice ninety daya in the newspaper nearest the placo, keep tho claim on which such work has beeo dono, tho title inuring to tho party doing tho work, if tho other or others have not complied with tho provisions of tho law. Tho qucs-tioa, qucs-tioa, as put, presupposes that none of tho locators or owners of tho claim on which work has bocn dono pay for that work; that thoso hired to do it have dono their part of tho contraot, but have not been paid, and therefore they would have a lien on tho olaim, and, it scorns, should havo tho right to tho claim as if they wero original oo-owoers; oo-owoers; aud by taking tho saino course of giving, or publishing for the legal timo, tho required notice, tho possessory posses-sory titlo would inurct to them. We bcliovo this view has been declared in judicial form by a decision given in Fiocho, and it seems the only reasonable reason-able and consistent construction of thiB provision of the mining act. |