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claim and five of another

已有 131 次阅读2012-3-27 18:18

claim and five of another

 were sham locators, not pretending to have any interest in the claim. They merely permitted their names to be used as locators to enable their friends to obtain possession of and patent for more mineral land than they were entitled to> by law; and they executed conveyances to such friends without any valuable or lawful consideration therefor. This was held to be contrary to the policy and object of the United States law limiting the quantity of placer mineral land, which may be located by one person. In Cook v. Klonos,FedC. O. A the question, as stated by the court, was whether an individual can, by the use of the names of his friends, relatives, or employes, as dummies, locate, for his own benefit, a greater area of mining ground than>that allowed by law. No reason is advanced or can be conceived why such a practice, as was adopted in the case at bar, can be held to be violative of any statute, rule, or policy rePolo Ralph Lauren Outlet lating to the disposition of mineral lands, and we know of no ruling to the effect that it is forbidden. See, in this connection, Lindley on Mines,There was never, prior to the latter part of the year , any discovery of oil or other mineral by defendant on the northerly location, sufficient to peRalph Lauren Outlet Store rfect the location. We do not think that the evidence was of such a nature as to establish any voluntary abandonment of this location by defendant; and we do not understand that the conclusion of the lower court was in any way based on the theory of an abandonment of the claim. Its express finding on the subject is not one of abandonment, but that any attempted location which defendant had made became forfeited by reason of the failure of defendant or its predecessors in interest to do or perform the assessment work required by law to be performed upon said land during the year . Until a sufficient actual discovery of mineral is made on such a claim, a location is not perfected, and no question of the doing of annual assessment work is involved. It is only after such discovery, when actual possession is no longer necessary to protect the location against subsequent locators, that annual assessment work is essential to prevent a forfeiture. The rights of the person or persons endeavoring to locate an oil claim, after the decisions. Until the Inchoate location Is perfected by discovery, the locator has no vested right which Congress. Is obliged to recognize. But Cheap Ralph Lauren Clothes where his location Is made In good faith, he has the right, as against third persons, which Is transferable, to be protected against all forms of forPolo Outlet Online cible, fraudulent, surreptitious, or clandestine entries and Intrusions upon his possession, so long as he remRalph Lauren Outlet ains In possession and with due diligence pPolo Outlet Shirts rosecutes his work toward a discovery. http://www.ralph-laurensoutletstore.com Miller v. Chrisman,Cal. PacAm. St. BepWeed v. Snook,CalPac As long as such a condition continues, no one, without his consent, can make the actual entry of the' land essential to legally Initiate a new location. But actual possession of the land, coupled with continued diligent prosecution of discovery work, are essential to his protection. What the attempting locator has is the right to continue in possession, undisturbed by any form of hostile or clandestine entry, while he is diligently prosecuting his work to a discovery. McLemore v. Express Oil CoCalPacAm. St. Bep Where the alleged locator has not made a discovery, and has not retained possession for the purpose of prosecuting work looking to a discovery, his mere posting of notice and marking of boundaries upon the ground will not serve to exclude others who may peaceably enter upon the land which he Is not actually working or occupying. New England, etc Oil Co. v. Congdon,Cal. Pac . The case of Belk v. Meagher,U. SI Ed does not hold otherwise. The location there Involved was one perfected by discovery, or rather one where discovery preceded the posting of notice of location; and, as we have said, actual possession Is not essential after the location has been perfected by discovery. The requirement of diligent prosecution of the

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