| Show LATEST MINING DECISIONS prepared by andrews murdock the statute respecting the relocation location re of mining in anino 1 claims should be construed with liberality era lity and the sufficiency of the lo 10 location caf ion with reference to natural objects or permanent monuments is simply a question of fact farmington gold min co vs rhomney rhymney gold and copper co 52 pac rep utah whether Th ether or not a mining claim is marked on the ground sufficiently to show a campli aliance with the first clause of section 2324 rev stat U S is a guesdon ques kion of fact to be determined from proof aliunde and the manner of marking is not required to be stated in the notice farmington gold min co vs gold copper co 58 pac rep utah where a mining claim is i made in good faith the locator should not be held to a strict technical compliance with the law in respect to his hi s location notice and if by any reasonable construction in view of the surrounding circumstances the language employed in the description will impart notice to subsequent locators it is sufficient farmington gold min co vs rhymney rhomney gold copper co 58 pac rep utah the trial court having found inter alia that plaintiff and its granross gran toss have been in possession sinco since location and that they have complied with the laws of the united states spates and the local laws customs and regulations of the mining district and the record record con no evidence to the contrary this court must assume that the finding is correct and hold that the claim is sufficiently marked on the ground farmington gold mm min 0 vs rhymney rhomney gold copper co 58 pac rep utah the lessee of mining property is pot the agent of the owner but simply has a qualified interest in in the property which entitles him to the use of it for his benefit wilkins et al vs abell et al 52 pac rep colo the office of a proviso is to limit rather than to enlarge and the proviso in section 8 of the mechanics 1 lien act as amended sesa laws 1895 p that the section shall not apply to owners of mines who lease the same in small blocks does not dot enlarge the section by making it apply to all owners who do not nob so lease their lands wilkins et al vs abell et al 56 pac rep colo olo i where the locator of a lode claim lodges his certificate with the proper officer for record within three months months from discovery and the officer notifies him that it will be recorded he has done all that is required of hini him by IN mills Tills ann st gen st 1883 2399 requiring that he shall record his claim in the office of the county recorder by a location certificate within that time shepard vs murphy 58 pac rep colo 58 8 the mechanics Mechanic 1 lien act a amended sess laws 1895 1 p d 8 providing for a lien against mining property in favor of those who do work or furnish material for the development of mines applies only where such work or material is furnished on a contract made with the owner of the property or one acting by his authority as agent or contractor and not where the contract was made by and for the benefit of a lessee wilkins et al vs vb abell et etal al 58 pae pac rep colo |
