Manual of American Mining Law as Practiced in the Western States and Territories: Embracing a Compilation of the Text of the United States Statutes, Land-office Regulations and Decisions, and the Local Statutes of California, Colorado, Nevada, Dakota, Washington, Wyoming, New Mexico, and Arizona

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F.H. Thomas & Company, 1882 - 426 sivua

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LAND OFFICE DECISIONS
47
27Provisions as to recording and herein of notice to subsequent purchasers
48
28What record to containDescription
50
29Annual labor
53
30Forfeiture
56
31Relocation of entire claim forfeited
57
32Relocation of claims forfeited to coowners
58
33Abandonment
60
34Surface rights acquired by location
61
35Right to side veins
62
36Right to dipApex
63
SECTION 63Nature and effect of patent 64When patent void
64
37SameVeins uniting on the dip 37aRight to cross veins
65
66SameEstoppel by deed
66
CHAPTER IV
67
68What passes by patent
68
69To whom may issue
69
42Abandonment CHAPTER V
70
71Patents to mining claims
71
72What conveyed
72
MILL SITES
73
CHAPTER IX
85
SECTION 89Mineral land open to exploration and purchase 90Status of lode claims previously located preserved by act of 1872
90
91Location of claims
91
74Adverse claims
92
93Recording location
93
94Annual expenditure on old locations
94
95Annual expenditure on new locations
95
96SameTime for annual labor under act of January 22 1880
96
97Annual labor on placer claims
97
98Relocation
98
99Timber
99
100Local laws rules and customs
100
101Abandonment
101
102PatentWhat is conveyed
102
103SameReservations
103
104SameFor what may be issued under mining laws
104
105SameApplication
105
106SameWhether as lode or placer claims
106
CHAPTER XII
107
108SameWhere application filed
108
109SameRequisites to application
109
110SameFiling and posting diagram and notice
110
111SamePublication of notice
111
112SameSurveyPlatExtent of claims
112
113Instructions to deputy mineral surveyors where com missioner is exofficio surveyorgeneral
113
114Expenditure for patent
114
115SameProofWitnessesAffidavits
115
116To whom patent will issueTo whom delivered
116
117Effect of erroneous issue of patent
117
118Purchase money
118
119Hearings as to character of land
119
120SameBurden of proof 121Cross lodes 122Adverse claims
122
123SameFacts necessary to be shown 124SameTime within which should be filed
148
130Conflicts not considered as adverse claims
187
131Protests 132Appeals
188
133Easements 134Town sites
189
135Water rights 136Mill sites
190
CHAPTER XIV
191
156Miners liens
222
157Taxation
228
ARIZONA II CALIFORNIA III COLORADO IV DAKOTA CHAPTER XV
243
175Jurisdiction 176Soldiers to hold claims 177Placer mines and mining
248
CALIFORNIA SECTION 178Possession and possessory actions 179Protection of growing crops from injury by miners 180 Jurisdiction of actions 18...
249
183Foreign miners
254
184Mining corporations
255
189Assessment and sales for nonpayment of stock of corporations generally
261
Amendments of articles of associationOr certificate of incorporation 191Removal of officers of corporations
264
192Protection of stockholders in mining corporations 193Mining partnerships
266
194Conveyance of mining claims
269
195Sale of decedents interests in mines 196Sale of state mineral lands
270
197Liens 198Taxation 199Easements Rights of
272
200Water rights
274
201Police regulationsProtection of miners
276
202Quicksilver 203Fixtures
277
20417 CH LXVI
278
SECTION 254Injunction for affirmative reliefRestitution 255Notice essential to affirmative relief 256Coal mines
279
224Substitute for discovery shaft 225Time for sinking discovery shaft 226What location includes
285
227Lodes not followed beyond lines on the strike 228Right of way for ditches and flumes 229Security of surface rights
286
230Additional certificate of location 231Affidavit of work and improvements
287
232Relocation of abandoned claims 233Certificate to cover but one location 234Survey of mines in litigation
288
235Penal provisions Dispossession by force etc 236Homicide on forcible entryAiders and abettors
290
237Drainage of contiguous mines 238Contribution by parties benefited
291
239Companies for drainage incorporated 240Forced contribution to drainage 241Inspection to determine cost of drainage
292
242When water from mines becomes common property
293
243Liability for damage caused by drainage from mines 244No drainage of undeveloped mines 245Evidence under this act 246Location and record...
294
247Annual laborForfeiture
295
248Evidence of customs admissible in actions 249Inspection of mines in litigation
296
250Pleadings in possessory actionComplaint
298
251The answer 252No abatement of damages on account of improve ments 253Injunctions
299
257Commissioner of mines
303
258Mining companies
304
259Costs in adverse suits
305
260Liens
306
261Limitations
309
262Ore 263Public lands
312
264School of mines
313
CONSTITUTIONAL PROVISIONS
314
267IrrigationWater rights IV DAKOTA 26885Location and size of mining claimsRecording 2869cSurvey of disputed claimsLimitationsInjunctions...
315
278Claims subject to right of way 279Owner may demand security from miner 280Filing amended certificate 281Work performed annually 282Affi...
316
MONTANA
329
SECTION 306Taxation 307Taxation of borax mines 308Police regulationsInjuries to water companies propertySecurity of persons and animals
334
NEW MEXICO SECTION 309Location of lode claims 310Record books to be provided 311Value of days laborEight hour law 312Validating prior l...
352
OREGON SECTION 315Lode claimsLength and width 316Location of ClaimsRecordForfeiture 317 Number of claims on one vein 318Annual labor...
354
322ConveyancesLiens 323Mortgages on placer claims 324Recording fee 325AmendmentsLodesLocal lawsPlacer claims Water rights
355
UTAH SECTION 326Location of lode claim 327Defacing notices or recordsDestroying monu ments 328Wrongfully taking or extracting ores 329M...
357
330Records as evidence of notices rules
358
331County records 332Fees of recorders and their duties 333Records public XI WASHINGTON TERRITORY 334Water rightsRight of way for ditc...
359
SECTION 204Term Claims definedPrior rights preserved 205Right of way for water
360
361Penal provisionsDestroying notice 362Antedating notice 363Miners liens 364ExpendituresAbandonment SaltingAssess ment of nonresidents
361
76Status of lode claims located prior to May 10 1872
392
77Patents for veins or lodes heretofore issued 78Manner of locating claims on veins or lodes after May 10 1872
393
84Mill sites 85Proof of citizenship of mining claimants 86Appointment of deputy surveyors of mining claims Charges for surveys and publicationsF...
394
88Regulations under the coal land
395
206Security of surface rights 207Record of tunnel claims 208Tunnel claims defined 209Crosslodes or lodes uniting
398
210Two crevices the same lode 211Flooding claims
399
45Survey
413
46Record
414

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Sivu 15 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth...
Sivu 24 - ... possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same ; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Sivu 16 - On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been Issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year.
Sivu 19 - It shall be the duty of the adverse claimant, within thirty days after filing his claim to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Sivu 157 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits...
Sivu 4 - ... local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Sivu 22 - ... in such district, and fix the rates to be charged by such paper ; and, to the end that the Commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the General Land Office.
Sivu 129 - Where nonmineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes...
Sivu 283 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes...
Sivu 16 - ... but where such claims are held in common, such expenditure may be made upon any one claim, and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation, in the same manner as if no location of the same had ever been made...

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