And should any well or wells bored or sunk on said land as herein provided be abandoned by the lessee, he shall give the lessor..... .days' written notice of his intention to abandon the same. If the lessor so desires, and shall pay to said lessee within...

..days

the costs of the casing already in said well or wells, the lessee agrees to sell the same to the lessor at the actual cost of said casing delivered at the mouth of the well, and thereupon the lessor shall become the owner of such well or wells and all of the products thereof of any kind or

nature.

Nothing herein contained is to be so construed as to affect the right of the lessor to fully possess, occupy, and enjoy said lands subject to the conditions herein expressed in favor of the lessee.

It is understood and agreed between the parties hereto that wherever the term lessor is used in this lease, it extends to and includes the heirs, executors, administrators, and assigns of the lessor named herein; and the term lessee extends to and includes the heirs, executors, administrators, and assigns of the lessee herein named.

And now it is further understood and agreed by all the parties hereto, that if none of said natural gas, oil, or other kindred substance is found in or near said lands, and the lessee does not proceed to develop said leased lands within ...months from this date, and complete a well within.. ...months thereafter, then this lease shall terminate and be of no value, otherwise to remain in full force and effect.

In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written.

(Seal.) (Seal.)

Section 984.-MINING DEEDS.-A mining claim may be sold and transferred by deed, either patent has been applied for or obtained. mining claim obtains the legal title by may transfer his title at any time.

before or after a The locator of a his location, and

Section 985.-FORM OF MINING DEED. The following is a form of mining deed for quartz. If used for

placer claim, the description should be changed so as to apply :

THIS INDENTURE, made the....

day of

in the year of our Lord one thousand nine between...

of the County of.....

hundred and....

of California, party of the first part, and..

of the County of...

of California, party of the second part;

and State

and State

Witnesseth, That the said party of the first part, for and in consideration of the sum of.... ...Dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, remised, released, and forever quitclaimed, and by these presents does grant, bargain, sell, remise, release, and forever quitclaim, unto the said party of the second part, his heirs and assigns, the....

lode, as located, surveyed, recorded, and held by said party of the first part, situated in.. trict,

...mining disCounty, State of California, and ....Mine, together with

named and called... all the dips, spurs, and angles, and also all the metals, ores, gold and silver bearing quartz, rock, and earth therein, and all the rights, privileges, and franchises thereto incident, appendant, and appurtenant, or therewith usually had and enjoyed; and also, all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues, and profits thereof; and also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the said premises, and every part and parcel thereof, with the appurtenances.

To have and to hold, all and singular, the said premises, together with the appurtenances and privileges thereto incident, unto the said party of the second part, his heirs and assigns forever. In witness whereof the said party of the first part has hereunto set his hand and seal the day and year first above written.

(Here add acknowledgment before Notary.)

(Seal.)

Section 986.-WORKING MINE ON SHARES.-A valid agreement may be made for the working of a mine on shares, and such agreement does not constitute and will not be considered a lease of the mining claim. Under such a contract, the parties have a common interest in the products of the mine when taken out. Such a contract does not create the relation of landlord and tenant, but fixes a rule of compensation for services rendered. It is, in all its essential features, a contract for labor to be performed and to be paid for by a share of the profits realized from such labor. (Decided by the Supreme Court of California in the case of Hudepahl vs. Liberty Hill Mining Co., which decision is printed in Volume 80 of the California Reports, page 553.)

Section 987.-WHEN BOUNDARY MARKS ARE SUFFICIENT.-The boundary marks are always sufficient to sustain a location if they are so distinct and plain that the claim can be identified on the ground. In a case in Siskiyou County, two adjoining mining claims were each marked at the corners by four stakes about a foot and a half long, flattened on two sides, and driven into the ground about four inches; two stakes being at the ends of the dividing line common to both claims; some stakes being in the brush, and others in the open ground. In the middle of the dividing line was a tree blazed on both sides, on one of which the notices of location were posted, describing the claims by courses and distances, running from the tree to a stake, and from stake to stake to point of beginning. The ledge on both claims had been sufficiently developed to show its existence and direction. The Supreme Court held that the law as to marking the location on the ground was sufficiently complied with, under the most stringent construction of the law. (Decided by the Supreme Court of California in the case of Eaton vs. Norris, which decision is printed in Volume 131 of the California Reports, page 561.)

Section 988.-ERROR IN DESCRIPTION IN LOCATION NOTICE. The description in a notice of location of a mining claim, specifying the number of acres claimed, is sufficient, if it designate the land by the adjoining tracts on the north, east, and south, and by unoccupied lands on the west; and the insertion of the wrong legal subdivisions will not invalidate it. (Decided by the Supreme Court of California in the case of Duryea vs. Boucher, which decision is printed in Volume 67 of the California Reports, page 141.)

Section 989.-CHARACTER OF ANNUAL ASSESSMENT WORK.-Whether the character of the annual assessment work is of the kind required by law is always a question of fact, to be determined by the surrounding circumstances. Not all expenditures made with a view to working a mine would be considered work expended upon a mine for the purpose of holding it; as, for instance, work done at a distance from the mine in the construction of a mill. On the other hand, it has been decided that the services of a watchman looking after the buildings erected to work a mine properly constitutes assessment work, though the mine is idle at the time. (Decided by the Supreme Court of California in the case of Altoona Quicksilver Mining Co. vs. Integral Quicksilver Mining Co., which decision is printed in Volume 114 of the California Reports, page 100.)

Section 990.-TIME WITHIN WHICH RELOCATION CAN BE MADE.-The law of California gives to the occupant of a mining claim thirty days after the expiration of the year within which to file his affidavit of assessment work done, in the office of the County Recorder; and the mine is not open to relocation until after the expiration of the thirty days. For instance, the occupant has the whole of the calendar year succeeding the date of his location in which to do his assessment work; then he has thirty days more in which to file his affidavit of work done with the County Recorder, and no relocation can be valid

within such times.

(Decided by the Supreme Court of California in the case of Harris vs. Kellogg, which decision is printed in Volume 117 of the California Reports, page 484.)

Statutes of 1891, page 219.

Section 991.-RESUMPTION OF WORK.-As already stated, the locator of a mining claim must expend upon it in labor or improvements $100 each year, and non-compliance with this requirement renders the claim subject to relocation by others, unless, before such relocation, the original locator, his heirs, assigns, or legal representatives, have resumed work upon the claim. This resumption of work, however, must be bona fide in character and with the intention of completing the amount of work due. It is not sufficient, when the claim has become subject to relocation, for the claimant to go upon it and do a few hours' or a few days' work, and then quit, thinking that he has thus, by such perfunctory resumption, done all that is sufficient to hold his claim for another year; he must resume work in good faith, with the intention of completing the full amount required by law. (Decided by the Supreme Court of California in the case of McCormick vs. Baldwin, which decision is printed in Volume 104 of the California Reports, page 227.)

Section 992.-FAILURE TO COMPLY WITH LOCAL CUSTOMS IN WORKING MINING CLAIMS.— A right to hold and work a mining claim when acquired may be lost by a failure or neglect to comply with the rules and regulations of the miners, relative to the acquisition and tenure of claims, in force in the district where the claim is located; and if such rules and regulations are not complied with by those holding claims in the district, the ground becomes once more open to the occupation of the next comer. (Decided by the Supreme Court of California in the case of St. John vs. Kidd, which decision is printed in Volume 26 of the California Reports, page 263.)