Jurgenson

Action to enforce an alleged lien for labor on certain mining claims, together called the John Dix mine. Defendant became the owner by purchase at a sale of the ground on foreclosure of mortgage, and the sheriff’s subsequent deed therefor executed March 4, 1888. One Dix had previously been the owner, and after said March 4th he asked and obtained leave of defendant to remain on the premises, promising to take care of the same and make no expense for defendant. Without authority from the latter, Dix proceeded to work the mine, and hired plaintiff for this purpose. Under such employment plaintiff performed the labor *492 in question between November 1, 1888, and September 15, 1390, for which a balance remains unpaid.

It is provided in section 1183 of the Code of Civil Procedure, among various other things relating to the liens of mechanics and others on real property, that any person performing labor on a mining claim shall have a lien thereon for his work, whether done at the instance of the owner or his agent, “ and every contractor, subcontractor, architect, builder, or other person having charge of any mining.....shall be held to be the agent of the owner for the purposes of…