Florence-Rae Copper Co. v. Kimbel

Citations

• 85 Wash. 162
• 147 P. 881
• 1915 Wash. LEXIS 830

Syllabus

<p>Mines and Minerals — Relocation—Notices. Under Rem. & Bal. Code, § 7365, providing that upon “the relocation of forfeited or abandoned quartz or lode claims, ... a new location monument shall be erected and the location certificate shall state if the whole or any part of the new location is located as abandoned property,” the relocation notice posted upon a claim alleged to be for. feited is invalid where it fails to state that it is located in whole or in part upon forfeited or abandoned ground; the term “abandoned” in the latter part of the act being used synonymously and interchangeably with the terms “forfeited or abandoned” as used in the first part of the act; and it is not sufficient that the certificate to be recorded under § 7358 states the fact as to abandonment.</p> <p>Mines and Minerals — Assessment Work — Relocation—Right to. A relocation of a group of mining claims, on the theory that they had been abandoned or forfeited because assessment work for the prior year had not been done on the claims, is invalid, where, prior to the filing of the relocation notice, the original holder had resumed operations by building and improving trails and roads for the better development of the mine, and was furnishing and moving donkey engines and other material for the purpose of facilitating mining operations for which expenditures had been made in excess of the sums required for assessment work on the claims, although said expenses incurred were not within the boundaries of its claims, and would also inure to the benefit of a railroad project in connection with the mines.</p> <p>Mines and Minerals — Minuto Claims — Forfeiture. Under U. S. Rev. Stat., § 2324, providing that, upon failure to do annual assessment work, a mining claim shall be open to relocation, provided the original locators, or successors in interest, have not resumed work upon the claim after failure and before such relocation, a forfeiture does not ensue from the mere failure to comply with the