Relocation.

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The relocation of any mining ground, which is subject to relocation, shall be made in the same way as an original location is required by law to be made.

History: Laws 1889, ch. 25, § 3; C.L. 1897, § 2300; Code 1915, § 3449; C.S. 1929, § 88-105; 1941 Comp., § 67-205; 1953 Comp., § 63-2-5; Laws 1981, ch. 310, § 4.

ANNOTATIONS

Fraudulent relocation. — A relocation by an agent in the name of a third party after neglecting to do the annual assessment work on the claim of his principal is fraud upon his principal. Lockhart v. Washington Gold & Silver Mining Co., 1911-NMSC-029, 16 N.M. 223, 117 P. 833; O'Neill v. Otero, 1910-NMSC-066, 15 N.M. 707, 113 P. 614. See also Lockhart v. Leeds, 195 U.S. 427, 25 S. Ct. 76, 49 L. Ed. 263 (1904); Lockhart v. Johnson, 181 U.S. 516, 21 S. Ct. 665, 45 L. Ed. 979 (1901).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 49, 51, 90.

58 C.J.S. Mines and Minerals §§ 43, 84 to 89.


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