inferred from the acts of the parties and the circumstances.13 It is said to have grown out of the "cost book" system formerly in vogue in England.14 Those having a majority in interest have power to decide as to carrying on the business and working the mine, if all cannot agree. Any partner can sell his interest at any time to any one. While mining partnership is a part of the common law of England, it seems to have had an independent origin in California, as an outgrowth of the conditions existing in the mining regions, rather than as the conscious adoption of the doctrine from the common law, although the details of its development have been guided by the applications of the same subject in the common law. SALTING Salting is the fraudulent placing of mineral in or on a mine or mining property or in the ore derived therefrom with the intent of deceiving an intending purchaser or other person into the belief that such mineral exists in such property or ore in its natural state. Like any other fraud, it vitiates and renders null and void any agreement, contract, or right of any kind attempted to be founded thereon. In a Kentucky case 15 an oil well was "salted" by pouring several barrels of crude petroleum therein by the drillers. One of these sold his interest to other persons, and these, not having any knowledge of the fraud, conveyed to still another party. The last purchaser, learning of the fraud, sued to recover back his money; and it was held that the trade was made under a mutual mistake, and that the last purchaser was entitled to rescind and recover back his money on account of the "salting" having fraudulently led such purchaser to believe the well was valuable. In a number of the mining States there are statutory provisions making "salting" a criminal offense. 13 Skillman vs. Lochman, 23 Calif., 199; Settenbre vs. Putnam, 30 Calif., 490; Perkins vs. Peterson, 29 Pac., 1135; Manville vs. Parks, 7 Colo., 128; Mayher vs. Burke, 29 Pac., 106. 14 Collier on Mines, p. 93; Bainbridge on Mines, p. 157. 15 Rowland vs. Cox, 89 S. W., 215. XXI Forms and procedure for locating mining claims; forfeiture of coowners interest; conveyance of mining claims; forms for locating tunnel claims; forms for locating water rights. [Chapters XXI and XXII were written for Mining, Mineral and Geological Law by Geo. D. Emery, Esq., Everett, Wash., of the Washington bar, author of "The Miners Manual," 1906.] W FORMS FOR LOCATING MINING CLAIMS PRELIMINARY OR DISCOVERY NOTICE HERE a preliminary notice is required by statute, the provisions of such statute must be followed. In the absence of any statutory or other requirements the following form will answer: This notice should be posted at the point of discovery. FINAL OR LOCATION NOTICE This notice may be written with pen and ink or pencil; it may be printed or it may be cut into the surface of a board, tree, or stake, or painted thereon, but it must contain certain essentials. to give it force and protect the rights of the discoverer. It may be put inside an open tin can so conspicuously displayed as to attract attention and give information of its presence and contents. It must be posted at the point of discovery and on the property to which it relates. Each state has provided certain requirements regarding the contents and posting as well as the record of such notice, and the proper statute must be consulted and carefully complied with. The following forms will be found sufficient in such cases. NOTICE OF LOCATION OF THE MINING CLAIM NOTICE IS HEREBY GIVEN that the undersigned, having complied with all the requirements of the laws of the United States and the local laws, customs, and regulations, has this day of A.D. 19 discovered, located and claimed linear feet, horizontal measurement of, on and along the lode or vein of quartz or other rock in place bearing gold, silver, copper, lead, or other metals, with (300) feet of surface Good (96) and bad (97) stone and stake monuments. Correct form of blaze on trees as witness mark, Figs. 98 From Stretch; Prospecting, Locating and Valuing Mines. ground on each side of the center of said vein; together with all dips, spurs, angles, and variations as allowed by law, and all veins, lodes, deposits, and ground within the lines of said claim; situated in the of said vein as nearly as can, at this time, be determined is This claim extends feet and feet mining The course and from the dis covery shaft, where this notice is posted, along the course of said vein. Said claim is more particularly described as follows: WITNESSES: Locators and Claimants. The claim should be carefully described with reference to some mountain, stream, or natural object of general prominence, or, if possible, a corner of the United States survey, or some established "initial point." Thus: "Located upon the southerly end of Bald Mountain, about 3500 feet northerly from the junction of Snake Creek with the Willamette River, about eight miles east of the village of and more particularly described as follows: Commencing at the southerly center end, on the vein, a post marked 'S. center end'; running thence easterly 300 feet to the southeast corner, a post marked 'S. E. corner'; thence northerly 1500 feet to the northeast corner, a post marked 'N.E. corner'; thence westerly 300 feet to the northerly center end, a post marked 'N. center end'; thence westerly 300 feet to the northwest corner, a post marked ‘N.W. corner'; thence southerly 1500 feet to the southwest corner, a post marked 'S.W. corner'; thence easterly 300 feet to the place of beginning. "The discovery shaft and the post where this notice is posted is feet north from the south center end post. "Posts are also set at the middle of each of the side lines, marked 'E. Side Post' and 'W. Side Post,' respectively. On each stake is plainly written the name of the claim, date of location, and name of locator." Or thus: "Thus discovery shaft where this notice is posted is situated 1,627 feet north, 20 degrees 32 minutes east, from Bald Mountain, Initial Point No. 1, as recorded in the office of the County Recorder of County, State of Or thus: ," etc. "The discovery shaft where this notice is posted is situated 1324 feet N. 21 minutes 7 seconds W. from the S.W. corner of Section 6, Township 12 N., Range 4 E., Willamette Meridian, according to government survey.” If absolute accuracy cannot be had, the language may be modified to conform to the facts, as, "about 1500 feet easterly from," etc. This form must be changed to comply with the peculiar requirements of the statutes of California and South Dakota. NOTICE OF LOCATION OF THE PLACER CLAIM NOTICE IS HEREBY GIVEN that the undersigned, having complied with all the requirements of law and the local rules and customs, has this A.D. 190 located and claimed (twenty) acres of placer mining ground, more particularly described as follows: day of This claim is to be known as WITNESSES: placer claim. Locators and Claimants. The same care and particularity in describing the premises should be observed as in the case of lode claims. If on surveyed land, describe the claim, if practicable, by legal subdivisions. An exact copy of the notice should be retained for future use. For the location of a mill-site for general mining and milling purposes in connection with a lode claim, the following form will suffice: NOTICE OF LOCATION OF THE MILL-SITE NOTICE IS HEREBY GIVEN that the undersigned, being the owner of the Lode Mining Claim, situated in Mining Disfor the purposes of State of trict, County of mining and working the ores of said claim and for general mining and milling purposes in connection therewith, does hereby locate and claim (5) acres of non-mineral ground, not contiguous to said claim, within said mining district, County and State, described as follows: The (N.W.) corner of said mill-site, where this notice is posted, is situated about (2260) feet (S.E.) of the discovery shaft on said Lode Claim. Located and claimed and this notice posted this A.D. 190 day of Locator and Claimant. In describing a mill-site use the same care as in the case of the lode claim, and be equally as particular to mark the corners. Side and end posts need not be set. The notice is usually posted on one of the corner posts. No work is required to be done upon the mill-site if the claim be properly represented. For security, and that proof may be had when needed, it is best to post the notice in the presence of two disinterested persons, who should sign the notice as witnesses; that is, however, a mere precaution and is not essential to the validity of the notice. The claim should be marked on the ground by posts or monuments at the corners, and in some States also at the centers of |