Sivut kuvina
PDF
ePub

Lode claims-Continued.

INDEX.

POSSESSION PRIOR TO LOCATION, pp. 33-4, § 16.

will protect against trespassers, id.

prior to discovery, right of lost by negligence or acquies-

cence, p. 34, § 16 (N. 1).

WHAT CONSTITUTES POSSESSION, pp. 34-5, § 17.

actual, or possessio pedis, p. 34, id.

how governed by physical boundaries, id.

constructive, color of title, p. 35, id.

deed under void judgment does not give, id.
insufficient description in deed aided, p. 35, § 17.
by tenants in common, id.

must be for mining purposes, id.

CHARACTER OF POSSESSORY RIGHT, p. 36, § 18.
raises inference of title, id.

presumption in favor of, id.

is property, subject to exemption, transfer and descent, id.
not good against U. S., id.

PLEADING POSSESSORY RIGHT, p. 37, § 19.

what necessary to aver-possession, description, id.
QUALIFICATIONS ENTITLING PERSONS TO EXPLORE, OCCUPY
AND PURCHASE MINERAL LANDS, pp. 37-40, § 20.
citizens-declarants-corporations, etc., pp. 37-8, id.
aliens excluded-claims forfeited-declaration after loca-
tion, p. 38, id

joint location by alien and citizens, pp. 38-9, id.

alien locators no rights against citizens, p. 39, id.

who are and may become citizens by naturalization, pp.

39-40, § 20.

DISCOVERY, p. 41, § 21.

prerequisite to right of location, id.

subsequent to location, relates back, id.

qualifications same as for location, p. 42, § 21.

WHAT MUST BE DISCOVERED, p. 42, § 22.
mineral in place in vein or lode, id.

definition of term "in place"-Walls, id.

MANNER OF DISCOVERY, p. 43, § 23.

RIGHTS SECURED BY DISCOVERY, p. 43, § 24.
right to locate, extent of claims, etc., id.

cannot be deprived by forcible prevention from compliance

with law, pp. 43-4, § 24.

LOCATION, p. 44, § 25.

follows discovery-must be distinctly marked, p. 44, § 25.

26

Lode claims-Continued.

SURVEY-LENGTH-WIDTH-Form, pp. 46-8, § 26.

measuring off for location, p. 46, § 26.

length prior to act of 1872, id.

length under present law, p. 46-7, id.

width, maximum and minimum, p. 47, id.

form-to follow vein-center of horizontal veins, etc., pp.
47-8, id.

PROVISIONS AS TO RECORDING AND HEREIN OF NOTICE TO
SUBSEQUENT PURCHASERS, pp. 48-50, § 27.

record not required by federal law, p. 48, id.
recording required by local law, p. 48, id.

record as notice to subsequent purchasers, p. 49, id.
time not essential if prior to intervention of subsequent

rights, id.

failure only taken advantage of by purchaser for value and

in good faith, id.

corrections do not vitiate-filing sufficient, pp. 49-50, id.
WHAT RECORD TO CONTAIN-DESCRIPTION, pp. 50-52, § 28
name of locator, how inserted, pp. 50-1, id.

date of location, p. 51, id.

description to identify, id.

parol proof may aid reference to monuments, pp. 51-2, § 28,
ANNUAL LABOR, pp. 52-5, § 29.

on old locations and new-formerly governed by district
rules, p. 52, id.

should apply directly to the claim, p. 53, id.

may be performed by tunnel, id.

commencement of the year, id.

distinguished from location work, id.

amendment of 1880-retrospective or prospective, pp. 53-4,

id.

value of, not to be arbitrarily fixed, pp. 54-5, id.

not required after patent entry, p. 55, id.

FORFEITURE, pp. 55-7, § 30.

distinguished from forfeitures for breach of contract, pp.
55-6, § 30.

relocation may follow, p. 56, id.

odious in law-statute strictly construed, p. 56, § 30.

right subsists until relocation, id.

distinction between, and abandonment, pp. 56-7, § 30.

must be specially pleaded, p. 57, id.

Lode Claims-Continued.

INDEX.

+

RELOCATION OF ENTIRE CLAIM FORFEITED, p. 57-8, § 31.
same acts required as in location, p. 57, id.

must be prior to resumption of work by locator, p. 58, id.
RELOCATION OF CLAIMS FORFEITED TO CO-OWNERS, pp.
58-9, § 32.

abandonment under district rules, p. 58, id.

ABANDONMENT, pp. 59-60, § 33.

distinction between, and forfeiture, id.

SURFACE RIGHTS ACQUIRED BY LOCATION, pp. 61-2, § 34.
vested rights, exclusive, side veins, p. 61, id.

strictly confined to boundary lines, p. 62, id.

RIGHT TO SIDE VEINS, pp. 62-3, § 35.

difference between old new and new law, id.

RIGHT TO DIP-APEX., pp. 63-5, § 36.

apex, defined-how dip may be followed, id.

VEINS UNITING ON THE DIP, p. 65, § 37.

uniting on downward course, §§.

RIGHT TO CROSS VEINS, pp. 65-6, § 38.

only to intersection of vein, p. 66, id.

length and width of-discovery-end lines-pp. 14, 150, § 2320
R. S., § 91.

rights to secured by location-dip--apex, pp. 14-15, § 2322 R. S.
rights to secured by running tunnels, p. 15, § 2323 R. S.
location, annual labor, forfeiture, pp. 16-17, § 2324 R. S.
applications for patent for, pp. 17-20, 160-70, §§ 2325-8
R. S., §§ 105-112.

description of, on surveyed lands, pp. 19-20, 150, § 2327 R. S.,
§ 91.

on unsurveyed lands, pp. 20, 150, § 2327 R. S., § 91.
expenses of survey of, paid by claimant, p. 22, § 2334 R. S.
status of, under present law, pp. 107-10, § 76.
preceedings to obtain patent for, pp. 117-21, § 80.
including mill site, p. 172, § 114.
survey of, for patent, size, etc., p. 169, § 112.
local laws governing. (See LOCAL STATUTES.)
Marble, deposits of, patentable as mines, p. 159, § 104.
Mica, deposits of, patentable as mines, p. 159, § 104.
Mill sites, Ch. vi., pp. 73-4, §§ 47-8.

POSSESSORY RIGHTS, pp. 73-4, § 47.
must be actual possession, p. 73, id.
boundaries, improvements, etc., p. 74, id.

Mill sites-Coatinmed

EXTENT OF MILL SITE, p. 74, § 45.
LAVENZ fxed by statute, id.
must be non-mineral land, id.

patents for, when non-contiguous to mining claims, pp. 23,

239, 259, § 33ST B. S., §§ 84, 104.
quantity of ground in, pp. 23, 129-30, § 2337 R. S., § 84.
application for patent for, pp. 128-30, § 84.
kand office decisions regarding, pp. 190-1, § 136.
Wyoming staгите, р. 364, §35

Mineral in place, explanation of term, p. 42, § 22.
Mineral lands, reserved from sale, p. 13, § 2318 R. S.

title to, passes to patentee of public land, pp. 100-1, § 68.

open to purchase by citizens, etc., pp. 13-14, § 2319 R. S.
designated, when open to pre-emption and homestead, p. 24,
§2341 R. S.

of certain states, not affected by statute, p. 25. § 2345 R. S.
not embraced in railroad grants, pp. 25-6, § 2346 R. S.
not to be taken as coal land, pp. 28, 145, § 2352 R. S., § 88.
cannot be located as mili site, p. 74, § 48.

reservations in grants of, pp. 102-3, § 70.

must contain mineral in appreciable quantities, p. 103, § 70.
open to exploration and purchase, pp. 13-14, 107, 148-9, § 2319
R. S., §§ 73, 89.

hearings as to character of, pp. 133-8, 176-8, §§ 87, 119-20.
of state of California, sale of, pp. 270-2, § 196.

Miners' rules and customs. (See RULES AND CUSTOMS OF

MINERS.)

Miners' liens, pp. 222-7, § 156.

who may claim, pp. 222-3, § 156.

continuous employment, pp. 223-4, id.

constitutionality of California statute, p. 224, id.
pleading in proceedings to enforce, pp. 224-5, id,
some points decided under Nevada statute, pp. 225-6, id
statute giving. (See LOCAL STATUTES.)

Miners' Rights and Remedies, xiv., pp, 191-242, § 137-60.
VESTED RIGHT TO MINING CLAIMS, p. 192, § 137.
constitutional protection from deprivation, id.
RIGHT TO MINE, PRIVATE PROPERTY, pp. 19-2-3, § 138,
subject to taxation, p. 193, id.

subject to execution, id.
inheritable as property, id.
regarded as real estate, id.

INDEX.

Miners' Rights and Remedies-Contiuued.
CERTAINTY OF TENURE, pp. 19-3-4, § 139.

what required to divest rights, once acquired, id.
DISTINCTIONS USED IN DESIGNATING RIGHTS AND TITLE,
p. 194, § 140.

"mining ground" held to mean occupant's interest, id.
LOCAL CONDITIONS TO ACQUISITION AND ENJOYMENT OF

miners' rights, pp. 194-5, § 141.

width of claims, p. 194, id.

location, id.

manner of recording, id.

amount of work to hold possession, pp. 194-5, id.
statutory limitations of actions, p. 195, id.

rules for working involving easements, etc., id.

reference to state statutes, id.

LOCAL REGULATIONS PRIOR TO ACTS OF CONGRESS-

WIDTH, pp. 195-6, § 142.

governed by local custom, id.

LOCATION under local regulations prior to acts of Congress,
pp. 196-8, § 143.

notice the matter of primary importance, pp. 196-7, id.

location of same ground for different purposes, pp. 196-7

id.

supposed to be on one lode, p. 197, id.

subject to prior rights, id.

must substantially conform to district rules, pp. 197-8,id.
side veins, p. 198, id.

locators tenants in common, id.

may be by agent, id.

work required to complete, id.

description, id.

RECORDING, pp. 199-200, § 144.

unnecessary except when required by local law, p. 199, id.
when record admissible in evidence, p. 200, id.

intended as notice to subsequent locators, pp. 200-1, id.
AMOUNT OF WORK NECESSARY TO HOLD POSSESSION,

pp. 201-2, § 145.

location work, annual labor, p. 201, id.

work done beyond claim, pp. 201-2, id.
forfeiture never presumed, p. 202, id.

possession after failure, id.

HOW BOUNDARIES DEFINED, pp. 202-4, § 146.
must be distinctly marked, etc., p. 202, id.

« EdellinenJatka »