Handbook On American Mining Law

Cover Handbook On American Mining Law
Handbook On American Mining Law
George P George Purcell Costigan
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* * * The original lo- cators in this case had not abandoned their claim, but were actually and continuously at work from the 2Gth of December until an early day in January, when they had done $500 worth of work. There was no suspension of the work during this time, and there was no period during which the plaintiffs could enter and make a valid location. The continuity of the work and possession was not broken by the cessa- tion of labor at night and on the Lord's day. It must be conceded that..., if the original locators had 'resumed work' after the clock struck 12 on Saturday [Sunday] night, December 31st, that the plaintiff's location would have been invalid. We think, upon the facts in this case, for all legal purposes, the original locators must be held to have been prosecuting the work for the whole of that night, and that the plaintiffs could not rightfully enter upon the claim and make a valid location between midnight and the usual hour of resuming work on Monday morning." ®* •4 FEB V.

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