of mining claim, see Sever v. Gregovich, 16 Nev. 325.

If an application for a patent to mine be abandoned and the applicant fails to do assessment work on his ground without having obtained a certificate of purchase, the ground may be relocated. South End M. Co. v. Tinney, 22 Nev. 19 (35 P. 89).

Where one or more of the parties first locating mining ground afterwards make a second location upon the same lode, with the names of other parties added to the notice of location, it appearing that at the time of the second location the ground was undeveloped, and it was not known that both notices were on the same lode, and it further appearing that the second notice was posted for the express purpose of protecting the original location: Held, that the second location did not of itself constitute an abandonment of the first location. Weill V. Lucerne M. Co., 11 Nev. 200.

the facts and circumstances of the case. Idem.

A party cannot locate a valid claim to a lode already located and legally possessed by others. Mining claims are not open to relocation until the rights of a former locator have been abandoned, forfeited or otherwise come to an end. Rose v. Richmond M. Co., 17 Nev. 26 (37 P. 1105, affirmed, 114 U. S. 576).

Where the first claimant who takes up the claim is not a citizen, or has forfeited his right by noncompliance with the mining laws, or abandoned his claim, the mining ground staked off by him, is open to location by any citizen of the United States. Golden Fleece M. Co. v. Cable Consolidated Co., 12 Nev. 312.

A locator of a mining claim on which an old tunnel had been run, who cleaned out the tunnel for a distance of about thirty feet, and who drove the tunnel ahead five or six feet, and who thereby removed several times the quantity of earth necessary to do work in new ground for the construction of a shaft or cut equivalent to a shaft, performed the statutory discovery work. Murray v. Osborne, 33 Nev. (111 P. 31-34).

The question of abandonment is one of intention. Whether it was the intention of the locators in the first notice to abandon their interest in the ground derived from said first notice of location, was a question of fact for the jury to determine from all 2429. Survey and certificate of surveyor becomes part of record and

evidence.

SEC. 8. Where a locator, or his assigns, has the boundaries and corners of his claim established by a United States deputy mineral surveyor, or a licensed surveyor of this state, and his claim connected with a corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of such survey, and attaches to and files with such location certificate a certificate of the surveyor, setting forth: First, that said survey was actually made by him, giving the date thereof; second, the name of the claim surveyed and the location thereof; third, that the description incorporated in the declaratory statement is sufficient to identify. Such survey and certificate becomes a part of the record, and such record is prima facie evidence of the facts therein contained. 2430. Assessment work-$4 for eight hours.

SEC. 9. The amount of work done or improvements made during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States, to wit: One hundred dollars annually. In estimating the worth of labor required to be performed upon any mining claim, to hold the same under the laws of the United States, the value of a day's labor is hereby fixed at four dollars; provided, however, that in the sense of this statute eight hours of labor actually performed upon the mining claim shall constitute a day's labor.

See sec. 2382.

In an action of ejectment, to recover the possession of a mining claim, where the defendant relies upon a forfeiture by plaintiff. for failure to do the necessary work required by the act of Congress (Rev. Stats. 2326), such forfeiture need not be specially pleaded. Steel v. Gold Lead M. Co., 18 Nev. SO (1 P. 448).

After the purchase price is paid, and the receiver's receipt is taken, the locator's right to a patent is vested, and he is not required to do assessment work. Deno v. Griffin, 20 Nev. 249 (20 P. 308). Writ of error dismissed, 163 U. S. 683.

See Ford v. Campbell, under sec. 3 of this act.

2431. Affidavit of work performed-Record-Evidence.

SEC. 10. Within sixty days after the performance of labor or making of improvements, required by law to be annually performed or made upon any

mining claim, the person in whose behalf such labor was performed, or improvements made, or some one in his behalf, shall make and have recorded by the mining district recorder or the county recorder in books kept for that purpose in the mining district or county in which such mining claim is situated, an affidavit setting forth the amount of money expended, or value of labor or improvements made, or both, the character of expenditures or labor or improvements, a description of the claim or part of the claim affected by such expenditures, or labor or improvements, for what year, and the name of the owner or claimant of said claim at whose expense the same was made or performed. Such affidavit, or a copy thereof, duly certified by the county recorder, shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.

See sec. 2445.

See Ford v. Campbell, under sec. 3 of this act.

Cited, State ex. rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59.

2432. Notice to a delinquent coowner-Penalty for failure to give receiptAffidavit-Evidence.

SEC. 11. Whenever a coowner or coowners shall give to a delinquent coowner or coowners the notice in writing or notice by publication provided for in section 2324, Revised Statutes of the United States, an affidavit of the person giving such notice, stating the time, place, manner of service, and by whom and upon whom such service was made, shall be attached to a true copy of such notice, and such notice and affidavit must be recorded by the mining district recorder or the county recorder, in books kept for that purpose, in the mining district or county in which the mining claim is situated; within ninety days after the giving of such notice, or if such notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice an affidavit of the printer or his foreman or principal clerk of such paper, stating the date of the first, last and each insertion of such notice therein, and when and where the newspaper was published during that time, and the name of such newspaper. Such affidavit and notice shall be recorded as aforesaid within one hundred and eighty days after the first publication thereof. The original of such notice and affidavits, or a duly certified copy of the record thereof, shall be evidence that the delinquent mentioned in section 2324 has failed or refused to contribute his proportion of the expenditure required by that section and of the service or publication of said notice; provided, the writing or affidavit hereinafter provided for is not of record. If such delinquent shall, within the ninety days required by section 2324 aforesaid, contribute to his coowner or coowners his proportion of such expenditures, such coowner or coowners shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delinquents by name, has within the time required by section 2324 of the Revised Statutes of the United States contributed his share for the year upon the ..... mine, and further stating therein the district, county and state where the same is situate and the book and page where the location notice is recorded; such writing shall be recorded in the office of the county recorder of said county. If such coowner or coowners shall fail to sign and deliver such writing to the delinquent or delinquents within twenty days after such contribution, the coowner or coowners so failing as aforesaid shall be liable to a penalty of one hundred dollars, to be recovered by any person for the use of the delinquent or delinquents in any court of competent jurisdiction. If such coowner or coowners fail to deliver such writing within said twenty days, then the delinquent with two disinterested persons having personal knowledge of such contribution, may make affidavit setting forth in what manner, the amounts of, to whom and upon what mine, such contribution was made.

Such affidavit, or a record thereof in the office of the county recorder of the county in which said mine is situate, shall be prima facie evidence of such contribution.

This section supersedes act of March 5, 1887, 136.

For the federal statute regarding notice to delinquent coowners, see sec. 2382.
Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59.

2433. Notice to claim but one location.

SEC. 12. No notice of location of a lode claim shall claim more than one location, whether the location be made by one or several persons. And if such notice purport to claim more than one location it shall be absolutely void, except as to the first location therein described. And if they are described together, or so that it cannot be told which location is first described, the notice of location shall be void as to all.

2434. Location of placer claim, how made-Boundaries-United States

survey.

SEC. 13. The location of a placer claim shall be made in the following manner: By posting thereon, upon a tree, rock in place, stone, post, or monument, a notice of location, containing the name of the claim, name of locator or locators, date of location, and number of feet or acres claimed, and by marking the boundaries and the location point in the same manner and by the same means as required by the laws of this state for marking the boundaries of lode claim locations; provided, that where the United States survey has been extended over the land embraced in the location, the claim may be taken by legal subdivisions, and, except the marking of the location point as herein before prescribed, no other markings than those of said survey shall be required. As amended, Stats. 1899, 94.

See secs. 2387 2389.

2435. Location work on placer-Location certificate-Record-Evidence. SEC. 14. Within ninety days after the posting of the notice of location of a placer claim, the locator shall perform not less than twenty dollars worth of labor upon the claim for the development thereof, and shall have recorded by the mining district recorder and the county recorder of the district and county in which the claim is situated a certificate which shall state the name. of the claim, designating it as a placer claim, name of locator or locators, date of location, number of feet or acres claimed, a description of the claim. with regard to some natural object or permanent monument, so as to identify the claim, and the kind and amount of work done by him as herein required, and the place on the claim where said work was done. This certificate, or the record thereof, or a duly certified copy of said record, shall be prima facie evidence of the recitals therein. But if such certificate do not state all the facts herein required to be stated, it shall be void. As amended, Stats. 1899, 94.

See secs. 2469 2473.

Cited, Ford v. Campbell, 29 Nev. 589.

2436. Millsite.

SEC. 15.

The proprietor of a vein or lode claim or mine, or the owner of a quartz mill or reduction works, may locate five acres of nonmineral land as a millsite.

For the federal statute relating to location of millsites, see sec. 2499. 2437. Millsite-Location notice, what to contain-Marking boundaries.

SEC. 16. The locator of a millsite location shall locate his claim by posting a notice of location thereon, which must contain: 1st, the name of the locator or locators; 2d, the name of the vein or lode claim, or mine, of which he is the proprietor, or the name of the quartz mill or reduction works of

which he is the owner; 3d, the date of the location; 4th, the number of feet or acres claimed; 5th, a description of the claim by such reference to a natural object or permanent monument as shall identify the claim or millsite. And by marking the boundaries of his claim in the same manner as provided in this act for the marking of the boundaries of a placer mining claim, so far as the same may be applicable thereto.

2438. Millsite-Location notice to be recorded.

SEC. 17. The locator of a millsite claim or location shall within thirty days from the date of his location record his location with the mining district recorder and the county recorder of the district or county in which such location is situated, by a location certificate which must be similar in all respects to the one posted on the location.

See Ford v. Campbell, under sec. 3 of this act.

Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59.

2439. Millsite-When location of void-Necessary record-Description. SEC. 18. Any record of a millsite location which shall not contain the name of the locator or locators, the name of the vein or lode claim or mine of which the locator is the proprietor, or the name of the quartz mill or reduction works of which the locator is the owner, the number of feet or acres claimed, and such description as shall identify the claim with reasonable certainty, shall be void.

2440. Tunnel right, how located-What notice must contain.

SEC. 19. The locator of a tunnel right or location shall locate his tunnel right or location by posting a notice of location at the face or point of commencement of the tunnel which must contain: 1st, the name of the locator or locators; 2d, the date of the location; 3d, the proposed course or direction of the tunnel; 4th, the height and width thereof; 5th, the position and character of the boundary monuments; 6th, a description of the tunnel by such reference to a natural object or permanent monument as shall identify the claim or tunnel right.

See sec. 2381.

2441. Tunnel right-Boundaries-Monuments-Size of claim.

SEC. 20. The boundary lines of the tunnel shall be established by stakes or monuments placed along such lines at an interval of not more than three hundred feet from the face or point of commencement of the tunnel to the terminus of three thousand feet therefrom. The stakes or monuments shall be of the same size and character as those provided for lode or placer claims in this act.

2442. Tunnel right-When location to be recorded.

SEC. 21. The locator of a tunnel right or location shall within sixty days from the date of the location record his location with the mining district recorder and the county recorder of the county or district in which such location is situated, which must be similar in all respects to the one posted on the location. Any record of a tunnel right or location which shall not contain all the requirements named in this section shall be void.

Cited, State ex rel. N. T. G. &. T. Co. v. Grimes, 29 Nev. 59.

See Ford v. Campbell, under sec. 3 of this act.

2443. Tunnel-Location of blind lodes in.

SEC. 22. All blind lodes, or veins or lodes not previously known to exist, discovered in a tunnel run for the development of a vein or lode, or for the discovery of mines, and within three thousand feet from the face of such

tunnel, shall be located upon the surface and held in like manner as other lode claims under the provisions of this act.

See sec. 2381.

2444. Provisions of this act applicable.

SEC. 23. The provisions of this act shall be construed as equally applicable to all classes of locations except where the requirement as to any one class is manifestly inapplicable to any other class or classes.

2445. Certificate of location and labor need not be sworn to.

SEC. 24. Certificates of location and of labor and improvements necessary to hold claims need not be sworn to, and are not required to be in any specified form, nor to state facts in any specific order; but must truly state the required facts.

The words "necessary to hold claims," do not refer to "certificates of location," but only to the words "labor and improvements,"

which referred to the provisions of the federal statutes in regard to annual labor. Ford v. Campbell, 29 Nev. 578 (92 P. 206).

2446. Recording of locations when no district recorder.

SEC. 25. Where there is no mining district, or where a district having once existed the residence of the officers within the district and their places of business within the district where the books are kept are not publicly known, district recording shall not be required of the locator or claim owner. But recording shall be required in the office of the county recorder in all cases; as well where there is a district recorder as where there is none. Secs. 24 and 25 added, Stats. 1899, 95.

See Ford v. Campbell, under sec. 3 of this act.

Cited, State ex rel. N. T. G. & T. Co. v. Grimes, 29 Nev. 59.

An Act to provide for the location of lands containing salt.

Approved February 24, 1865, 172

2447. Location of saline lands.

SECTION 1. Any person may locate, claim, and hold not exceeding one hundred and sixty acres of the public lands within this state containing salt or saline matter.

For the federal law relating to location of saline lands, see sec. 2392.

2448. Duty of persons locating salt lands-Survey-Recording plat.

SEC. 2. It shall be the duty of any person or persons locating salt lands to have the same surveyed by the county surveyor of the county in which said lands are located, within thirty days from the date of location; and the surveyor shall, within thirty days from the completion of said survey, make and deliver to the party employing him to make the survey, a correct description and plat of the lands thus surveyed, and the same shall be recorded in the office of the county recorder of said county within thirty days from the delivery thereof by the surveyor.

2449. Location made prior to passage of act ratified.

SEC. 3. All locations made prior to the passage of this act upon saline lands are hereby ratified and confirmed to the locators thereof, their heirs and assigns; provided, the parties now holding and occupying said lands shall, within sixty days from the passage of this act, have the same surveyed and recorded as provided'in section 2 of this act.

2450. When subject to relocation.

SEC. 4. All persons claiming and holding saline lands under the provisions of this act shall keep and hold actual possession of said lands by occupying