356 RESOURCES OF CALIFORNIA. 



limits of claims with a trench. But the common custom is to 

 require only a notice of the simplest intelligible form and a 

 record ; and by these the miner acquires a perfect title as 

 against all other persons, so long as he continues to work the 

 claim. But if he does, not work the claim, he forfeits his title. 

 The time within Avhich work must be done to j^reserve the title 

 good, varies greatly in different districts — from three days to 

 a month. The period is usually brief in proportion to the shal- 

 lowness of the diggings and the ease of working them. In 

 most districts no amount of work will secure a claim against 

 forfeiture. A miner may work his claim every day for years, 

 and then, if he deserts it for a day beyond the period allowed 

 in the mining regulations of the district, it is legally forfeited, 

 and may be taken by the first comer. There are certain classes 

 of diggings which can only be worked during half of the year, 

 and in these, claims are subject to forfeiture only during the 

 Avorkable season. It is not expected that a miner will work 

 a dry ravine claim in the summer, or a bar claim in the winter ; 

 and the mining regulations, being based on reason, and well 

 designed for the convenience of the miners and the develop- 

 ment of the mining interest, impose no penalty upon such 

 actions as would be approved by industrious, prudent men. 

 There are deep diggings where all the claims cannot be worked 

 at once : those in front, or nearest the place where there is an 

 outlet for the water, must be worked out before the miner can 

 begin on those behind. In such cases, the claims in the " back- 

 ground" will not be foi'feited until there is a possibility of 

 working them, even though years elapse. The mining regula- 

 tions impose no penalty for a neglect to do impossible things. 

 Among the claims which may be left unworked for a long 

 time without danger of forfeiture, are claims for mining pur- 

 poses to land occupied by other parties for tailings. A miner 

 may hold a tailing claim merely for the purpose of preserving his 

 tailings, and with no intention to wash the natural dirt; and 

 another miner may lay claim to the same place for mining pur- 

 poses, but he must wait until the prior occupant has removed 



