Wigand

(after stating the facts as above).

In the adjudicated cases there is dearth of precise definition of the nature of the work on a placer mining claim that will be accepted as meeting the requirement that .“not less than one hundred dollars worth of labor shall be performed or improvements made during each year.” It is held that the statute should be given a liberal construction, McCulloch v. Murphy (C.C.) 125 F. 147 , and we find no case that holds that $100 worth of work done on a placer mining claim in good faith, in the belief that it will result in the development or improvement of the claim, is to be held insufficient for the reason that it is ill-advised, or does not in fact result in perceptible improvement or development. On the contrary, it is held that the character of the work performed becomes material only when it is performed for the benefit of the claim but on land without its boundaries. In that event the labor must tend to the development or improvement of the mining claim for which it is designed. Wailes v. Davies (C.C.) 158 F. 667, 670 , affirmed Wailes v. Davies (C.C.A.) 164 F. 397 .

In Mt. Diablo M. & M. Co. v. Callison, 5 Sawy. 439, 456 , Fed.Cas.No.9886,…