within 3,000 feet from the face or point of commencement of such tunnel, and to prohibit other parties, after the commencement of the tunnel, from prospecting for and making locations of lodes on the line thereof, and within said distance of 3,000 feet, unless such lodes appear upon the surface, or were previously known to exist. Land Office Rules, 21.

Width.-The line of a tunnel is the width thereof, and no more; this line must be marked on the surface by stakes placed along the same, from the commencement to the terminus of the tunnel, in the manner applicable to the location of veins or lodes. L. O. Rules, 23. C. M. D. 144.

No patent can issue for a vein or lode without surface ground. The survey of a vein or lode discovered in a tunnel can not properly be made until the apex thereof has been ascertained by sinking a shaft, or by following it from the point of discovery. Sickels, p. 368.

Location Notice.-The proprietors of a mining tunnel are required 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 notice in substantially the following form :

THE

TUNNEL SITE.

Located by -; date, ; course,

-; 3,000 feet, to blazed pine tree (or other land-mark); height of tunnel, feet; width,

feet.

Record. A certificate signed by the locators, and specifying the place of commencement and termination, should be recorded at the same time. Colo. Laws, sec. 1800. (Lodes and Placers.) Cannot be Patented.-Tunnel locations cannot be patented, C. M. D. 193. but lodes discovered in running a tunnel may be. Location of Veins Cut.-When in running the tunnel a lode is struck, the surface ground which overlies the apex must be ascertained and the claim then duly located, as if discovered from the surface. 5 C. L. O. 130.

Judicial Construction.-" The line of a tunnel is the width thereof and no more; and upon this line only is prospecting for

3

blind lodes prohibited, while the working of the tunnel is in progress; and the right is granted to the tunnel owners to 1,500 feet of each blind lode, not previously known to exist, which may be discovered in such tunnel, but other parties are in no way debarred from prospecting for blind lodes or running tunnels, so long as they keep without the line of the tunnel, as herein defined; the said line being required by regulations to be marked on the surface by stakes or monuments, placed along the same from the face or point of commencement to the terminus of the tunnel line aforesaid. When a lode is struck or discovered for the first time, by running a tunnel, the tunnel owners have the option of recording their claim of 1,500 feet all on one side of the point of discovery or intersection, or partly upon one and partly upon the other side thereof; but in no case can they so record a claim as to absorb the actual or constructive claim or possession of other parties, on a lode which has been discovered and claimed outside the line of the tunnel before the discovery thereof in the tunnel."

Sickels, p. 365.

Corning Tunnel Co. vs. Pell. 4 Colo. 507.

DISTRICT RULES, ANNUAL LABOR, CO-OWNERS, AMENDMENTS.

SEC. 2324. The miners of each mining-district may make regulations not in conflict with the laws of the United States, or with the laws of the state or territory in which the district is situated, governing the location, manner of recording, and amount of work necessary to hold possession of a miningclaim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining-claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or

claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the 10th day of May, 1872, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May, 1872, ten dollars' worth of labor shall be performed or improvements made, by the 10th day of June, 1874, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners, to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing, or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice

in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his coowners who have made the required expenditures. (AMENDMENT A.)

That section 2324 of the Revised Statutes be, and the same is hereby amended, so that where a person or company has or may run a tunnel for the purpose of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said act; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same, as required by said act.Feb. 11, 1875

(AMENDMENT B.)

That section 2324 of the Revised Statutes of the United States be amended by adding the following words: Provided, that the period within which the work required to be done annually on all unpatented mineral claims shall commence on the 1st day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the 10th day of May, A. D. 1872. Jan. 22, 1880.

This amendment (B.) settles a hitherto doubtful and much disputed question.

Upon a claim located on the Ist day of June, 1881, the first annual labor or assessment must be performed some time between Jan. 1st, 1882, and Dec. 31st, 1882.

Location Work.-The work done in making the location would not count as a part of the first annual assessment.

7 C. L. O. p. 130. After Entry of Application for Patent no annual labor is required, since the patent, when issued, relates back to the date

of entry.

Neglect to do the annual labor as required by law leaves a claim open to relocation, but does not, of itself, work a forfeiture.

Computation of Labor.-The value of labor and improvements upon any claim are to be computed from the current prices of labor and materials.

Forfeiture by Co-owner.-Where more than the annual assessment ($100) has been expended on a claim a co-owner is only required to pay his proportion thereof to save a forfeiture.

Where additional expenses have been incurred on the property by a co-owner with the others' knowledge and consent, the latter's share of the expenses is to be recovered in another way, by suit. Kohn vs. Central Smelting Co. et al. U. S. Supreme Court. 8 C. L. O., 22.

Co-owners are not Copartners where no partnership agreement exists between them. They are tenants in common, and the interest of each one, however small, entitles him to an equal voice in the control of the property. For this reason it is usually better for owners to enter into some agreement as to the management of the property, or to incorporate a company.

See Charles vs. Eschleman, Col. Supreme Court. Decision by Beck, J., January, 1880.

Relocation by one of several owners.

- Where several

owners have all neglected to do the annual assessment and the claim becomes open to relocation as abandoned property, a new location by one of the former owners would not enure to the benefit of the others.

Strang vs. Ryan, 46 Cal., p. 43. 8 C. L. O., 3.