Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 25
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DISCOVERY-SUFFICIE CY AND TEST.
In making a discovery on an oil location it is not necessary to drill
a well until the oil-bearing sands are reached; but it is sufficient if
oil is discovered at any depth, if it is such as would justify a man of
ordinary prudence, not necessarily a skilled miner, in the expenditure
of his time and money with a reasonable prospect of finding oil in
United States v. Ohio Oil Co., 240 Federal 996, p. 1003.
OIL DISCOVERED IN WELL-SUFFICIENCY.
Oil found in one well drilled to a depth of 35 feet and in a well
drilled to the depth of 57 feet on an adjoining location was held
sufficient to constitute a discovery.
United States v. Ohio Oil Co., 240 Federal 996, p. 999.
DISCOVERY-wILLINGNESS TO OPERATE.
To constitute a discovery on an oil location it must be of such
character that a person of ordinary prudence would be justified in
further expenditure of his labor and means with a reasonable prospect
of success in developing oil in commercial quantities.
United States v. Ohio Oil Co., 240 Federal 996, p. 1000.
DISCOVERY ON SEPARATE CLAIMS.
The act of February 12, 1903 (32 Stat., 825), authorizes the assess-
ment work for group oil claims to be performed upon any one of a
group. But this does not take the place of discovery, and a discovery
of oil on one quarter section or claim, no matter how persuasive as to
the presence of oil in an adjoining quarter section or claim, will not
validate a location of such other quarter or claim without.a discovery
within the limits of such claim.
United States v. Stockton Midway Oil Co., 240 Federal 1006, p. 1009.
DISCOVERY AND ANNUAL ASSESSMENT LABOR.
By the act of February 12, 1903 (32 Stat., 825), the annual assess-
ment labor required by the statute may be performed upon one of a
group of claims not exceeding five. By the act of June 25, 1910
(36 Stat., 847), known as the Pickett Act, and the amendment of
August 24, 1912 (37 Stat., 497), a locator of an oil claim in possession
and diligently prosecuting work leading to a discovery is protected as
against a withdrawal order. But work done under the group develop-
ment theory of the act of February 12, 1903, on one claim alone will
not take the place of a discovery essential to the validity of the other
claims of a group and thereby protect such remaining claims of the
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/39/: accessed January 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.