McCormick

This is an action of ejectment. The premises described in the complaint consist of certain quartz mining property called the Grade Consolidated Quartz Mining Claims. They include three distinct mining locations or claims adjoining each other, called the “Big Blue” (or Grade) on the east, the “Guernsey” in the center, and the “East Orleans” on the west. The defendant asserts title to certain quartz mining claims which conflict with and include portions of said “ Guernsey” and “East Orleans” claimed by plaintiff. The verdict and judgment were for defendant; and from the judgment and order, denying a new trial plaintiff appeals.

In the transcript and briefs many points touching mining law are made and suggested; but there is only one point which we deem it necessary to notice in detail, and that arises out of certaiu instructions of the court about the construction of the words “resume work” in section 2324 of the United States Revised Statutes.

*228 The mining locations upon which appellant bases his right to the premises in controversy were made in the year 1885, and prior thereto. There is no pretense of evidence that he ever worked on the Guernsey or East Orleans; or that any…