time limited for performing the labor or making the improvements, particularly describing the labor performed and improvements made, and the value thereof. The law also provides that this affidavit must be recorded in the office of the County Recorder of the county in which the mine or claim is situated, within thirty days.

Statutes of 1891, page 219.

Act of the Legislature, approved March 13, 1909.

Section 964.-FORM OF PROOF OF ASSESSMENT WORK.-The following is a form of proof of assessment work:

Proof of Labor.

STATE OF CALIFORNIA,

County of.....

Before me the subscriber personally appeared....

who being duly sworn says, that at least $100 worth of labor or improvements were performed or (here state name of min

made upon....

ing claim), situated in.

district, County of.....

...mining State of California,

during the year ending December 31, 191... Such expenditure was made by or at the expense of....

of holding said claim.

owner of said claim, for the purpose

That the labor performed and improvements made were as follows, to-wit:

(Here give a particular description of the labor performed

and improvements made.)

That the value of said labor was $.....
That the value of said improvements was $.....

Section 965.-RELOCATION OF CLAIM AFTER FORFEITURE.-If for any reason a mining claim has been forfeited, by failure to do assessment work, or by reason of abandonment, another person may relocate it. He must make his location as the original locator did, and in his notice of location he should state that the claim was originally located by another person (naming him), but that the claim had been abandoned or forfeited.

Section 966.-MINERAL ENTRIES WITHIN FOREST RESERVES. The law provides that "any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry," notwithstanding the reservation. This makes mineral lands in the forest reserves subject to location and entry under the general mining laws in the usual manner.

Section 967.-LOCATION BY AGENTS.-A location of a mining claim may be made in the name of another than the actual locator, and when so made, the person in whose name it is made becomes vested with the legal title to the claim. A prospector may locate for himself, and then make other locations in the names of others, and he will be considered the agent of the persons in whose names the locations are made. (Decided by the Supreme Court of California in the case of Moore vs. Hamerslag, which decision is printed in Volume 109 of the California Reports, page 122.)

Section 968.-LOCATION BY MINORS.-A valid location of a mining claim may be made by a minor. The law allows any one who is a citizen, or who has declared his intention to become such, to locate a mining claim. The law does not require that the locator shall be of any particular age. In a California case the Supreme Court held

that a minor can make a location of a mining claim in this State, saying: "Nor is there any reason in the nature of things why a minor may not make a valid location. After the preliminary steps are taken, all that is required is that a certain amount of work shall be done. If the minor cannot do it, he can get any one to do it for him,and the condition imposed by the statute is fulfilled. If he cannot, the claim lapses, and is open to relocation by others. may be added that so far as we know it is the practice of many mining communities for minors to locate claims." (Decided by the Supreme Court of California in the case of Thompson vs. Spray, which decision is printed in Volume 72 of the California Reports, page 528.)

Section 969.-TUNNEL CLAIMS.-The laws of the United States provide for certain tunnel claims, where a tunnel is run for the discovery of "blind lodes or veins ;" and so long as the tunnel claimant operates his tunnel, the law reserves in his favor 3,000 feet from the face of the tunnel, with 1,500 feet in the opposite direction on the strike of the vein, from either wall of his tunnel. The law states that the owner of the tunnel shall have the right of possession of all veins or lodes within 3,000 feet from the face of such tunnel, on the line thereof, not previously known to exist, discovered in the tunnel, to the same extent as if discovered upon the surface. Locations on the line of such tunnel, of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while it is being prosecuted with reasonable diligence, are invalid. Failure to prosecute the work on the tunnel for six months is considered as an abandonment of the right to all veins on the line not discovered when the work ceased. Revised Statutes of the United States, Section 2323.

Section 970.-LOCATION OF TUNNEL CLAIM.The term "face," as used in the tunnel claim law, means the first working face formed in the tunnel, and signifies the point at which the tunnel actually enters cover, it being

from this point that the 3,000 feet are to be counted upon which prospecting is prohibited. To avail themselves of the benefits of this provision of law, the proprietors of a mining tunnel will be required, at the time they enter cover, to give proper notice of their tunnel location by erecting a substantial post, board, or monument at the face or point of commencement thereof, upon which should be posted a good and sufficient notice, giving the names of the parties or company claiming the tunel right; the actual or proposed course or direction of the tunnel; the height and width thereof, and the course and distance from such face or point of commencement to some permanent, well-known objects in the vicinity; and at the time of posting such notice they should, in order that miners or prospectors may be enabled to determine whether or not they are within the lines of the tunnel, establish the boundary lines thereof, by stakes or monuments placed along such lines at intervals of not more than 600 feet, to the terminus of the 3,000 feet from the face or point of commencement of the tunnel, and the lines so marked will define and govern as to the specific boundaries within which prospecting for lodes not previously known to exist is prohibited while work on the tunnel is being prosecuted with reasonable diligence. A copy of the posted notice must be filed with the County Recorder, and should also be filed with the Recorder of the mining district, if any; with an affidavit attached of the owners, claimants, or projectors of the tunnel, stating the amount expended by themselves and their predecessors in interest in prosecuting the work; the extent of the work performed; and that it is their intention in good faith to prosecute the work on the tunnel with reasonable diligence for the development of a vein or lode, or for the discovery of mines.

Section 971.-LODE AND PLACER CLAIMS IN THE SAME GROUND.-It sometimes occurs that a lode will be discovered within the boundaries of a placer claim. In that event, the owners of the placer claim have an

immediate right to apply to the Government for a patent, and the application must state the existence of the lode. The Government will then issue a patent for the lode, fifty feet in width, upon the payment of $5.00 per acre; and also a patent for the placer portion of the land upon the payment of $2.50 per acre. If the owner of a placer claim makes application for a patent, without mentioning a known vein or lode within its boundaries, any other person may locate the lode, in the same manner as any other quartz claim is located, but acquiring only 1,500 by 50 feet.

Revised Statutes of the United States, Section 2333.

Section 972.-DISCOVERY OF VEIN PASSING THROUGH PLACER CLAIM.-If a discovery is made on a vein passing through a placer claim, and at a point just outside the boundary of the placer claim, the discoverer of the lode may make a location which will include such portion of the placer claim as is required to secure a full lode claim of the dimensions customary in that mining district; and he may then mine the vein underneath the surface of the placer.

Section 973.-MILL SITES.-The owner of a lode claim may also locate, in the same manner as mining claims are located (that is, by posting and recording notice, and erecting monuments for identification), five acres of nonmineral land for a mill site. The mill site need not be adjacent to the mining claim. It must be used for a mill site in connection with the mining claim, where a mill site is located by the owner of a lode claim. But the law further provides that the owner of a quartz-mill or reduction-works, not owning a mine in connection therewith, may also locate a mill site, not exceeding five acres of nonmineral land, and obtain a patent for it.

Revised Statutes of the United States, Section 2337.

Section 974.-TIMBER FOR MINING PURPOSES. The law allows sufficient timber to be cut on mineral land for the proper working of the mine proper. Timber for