* * * "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 co-owners who have made the required expenditures." 18

10 Packer vs. Heaton, 9 Cal., 569, 4 M. R., 447. 11 Wilson vs. Triumph Co., 569, 300. 12 Chambers vs. Harrington, 111 U.

S., 350. 13 Remington vs. Bandit, 9 Pac, 819.

14 Honaker vs. Martin, 27 P., 397.

15 Bishop vs. Baisley, 43 P., 936

16 Hirschler vs. McKendricks, 40

P., 290. 17 Cases from Morrison's Mining Rights, pp. 100-110.

"Although one co-owner has expended more than enough to hold the claim, the delinquent co-owner to save forfeiture under the Act of Congress, is only required to pay or tender his proportion of the amount which the law required to be expended upon the claim." 19

The following is the form generally used in such forfeiture notices:"

Forfeiture Notice. (A).

Georgetown, Colo., January 3,1908. You are hereby notified that I have expended during the year 1907 one hundred dollars in labor and improvements upon the Corinne Lode Mining Claim, situate on Republican Mountain in Griffith Mining District, County of Clear Creek, State of Colorado, the location certificate of which is found of record in book 20, page 222, in the office of the recorder of said county, in order to hold said claim under the provisions of section 2324 of the Revised Statutes of the United States, and the amendment thereto approved January 22, 1880, concerning annual labor upon mining claims, being the amount required to hold said lode for the period ending on the 31st day of December, A. D., 1907. And if, within ninety days from the personal service of this notice, or within ninety days after the publication thereof, you fail or refuse to contribute your proportion of such expenditure as a co-owner, which amounts to fifty dollars, your interest in the claim will become the property of the subscriber, your co-owner, who has made the required expenditure, by the terms of said section.

18 U. S. Rev. Stat., Sec. 2324.

19 Morrison's Mining Rights, p. 115, 13th Ed.

(Signed) Section 32. Relocation.

There are two kinds of relocation known to the law. There can be a relocation of a valid claim upon a new discovery of a vein, or there may be a relocation of an abandoned claim.

By relocation upon the shaft showing the mineral afterwards discovered, this danger can be avoided where no hostile discovery has intervened. But a new record based on a new discovery is an abandonment of the original location.20

In relocation of abandoned claims, the party locates and records with the same particularity as in making an original location or record. The only practical distinctions are that he may, if found standing, adopt the stakes of the old claim. And his discovery shaft may be by sinking the old one deeper. He has the same rights as an original discoverer, although not in strictness a discoverer at all.21

20 Reals vs. Cone, supra.

21 Armstrong vs. Lower, 6 Colo., 393; 15 M. R., 631; Pelican Co. vs. Snodgrass, 9 Colo., 339.