TRESPASS AND INSURANCE 1145 



some of the oldest mining camps of Europe. It has resulted in endless disputes costing 

 many millions of dollars in litigation, because a vein or lode is rarely a simple or 

 precisely-defined structure that may be easily followed without interruption or 

 contortions. 



Merely locating an interesting geophysical anomaly does not of course 

 fulfill the legal requirements of discovery. Though the mining laws of 

 Canada are patterned after ours in many respects, they dififer in that a 

 geophysical anomaly can be made the basis of discovery, and geophysical 

 surveys may constitute part of the development work required for the 

 continuance of title. The apex feature of the United States law poses a 

 particularly troublesome problem with respect to geophysical prospecting. 



All this tends to discourage the use of geophysics when conducting 

 reconnaissance or exploration surveys over the public domain unless suffi- 

 cient finances are available to follow the geophysical work with direct 

 exploration, by means of a drill hole, prospect shaft, or tunnel, in order to 

 make a physical discovery of the mineralization responsible for the anom- 

 aly. This is an important factor to consider when employing geophysics in 

 mining exploration, f 



Mining Properties: Titles and Legal Assistance 



Geophysical surveys usually are conducted in connection with the geo- 

 logical study of a property. For many reasons almost all mine examinations, 

 including geophysical work, are conducted under some form of option 

 agreement. This is chiefly to protect the individual or group for whom 

 the examination is being made if later it is decided that the property should 

 be acquired. 



Characteristically, the mining districts of the west contain a dismaying 

 number of claim owners, each controlling a small group of claims or even 

 a single location. They include both patented claims and mineral locations 

 held from year to year by virtue of performing the annual assessment 

 work. The situation may be very complicated, due to disputed titles or 

 failure to perform annual work. Before beginning an examination of an 

 area it is commonly necessary to consolidate various blocks or interests by 

 obtaining options on each and every claim located in the area. In such 

 cases legal assistance versed in the local laws should be secured on all 

 questions pertaining to title, working bond, or escrow agreements. Many 

 miners and prospectors have most optimistic and fanciful views about the 

 richness and extent of the mineralization contained in their ground, includ- 

 ing a strong conviction as to its worth. It is always best to work out in a 

 general way the terms and manner under which the property may be 

 acquired before spending time and money on geological or geophysical 

 surveys of any kind. Since there is no traditional standard form of option 

 or lease established through long use and custom, a separate deal must be 

 worked out with each claim owner. Options should allow adequate time 



t J. J. Jakosky, "The Economies of Geophysics in Mining Exploration," A.I.M.E. Mining 

 Transactions, 184, Sept., 1949. 



