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. must be for mining purposes, id. CHARACTER OF POSSESSORY RIGHT, p. 36, § 18. presumption in favor of, id. is property, subject to exemption, transfer and descent, id. PLEADING POSSESSORY RIGHT, p. 37, § 19. what necessary to aver-possession, description, 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. definition of term "in place"-Walls, id. MANNER OF DISCOVERY, p. 43, § 23. RIGHTS SECURED BY DISCOVERY, p. 43, § 24. 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. PROVISIONS AS TO RECORDING AND HEREIN OF NOTICE TO record not required by federal law, p. 48, id. record as notice to subsequent purchasers, p. 49, id. 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. date of location, p. 51, id. description to identify, id. parol proof may aid reference to monuments, pp. 51-2, § 28, on old locations and new-formerly governed by district 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. 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. must be prior to resumption of work by locator, p. 58, id. 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. 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 rights to secured by location-dip--apex, pp. 14-15, § 2322 R. S. description of, on surveyed lands, pp. 19-20, 150, § 2327 R. S., on unsurveyed lands, pp. 20, 150, § 2327 R. S., § 91. POSSESSORY RIGHTS, pp. 73-4, § 47. Mill sites-Coatinmed EXTENT OF MILL SITE, p. 74, § 45. patents for, when non-contiguous to mining claims, pp. 23, 239, 259, § 33ST B. S., §§ 84, 104. Mineral in place, explanation of term, p. 42, § 22. title to, passes to patentee of public land, pp. 100-1, § 68. open to purchase by citizens, etc., pp. 13-14, § 2319 R. S. of certain states, not affected by statute, p. 25. § 2345 R. S. reservations in grants of, pp. 102-3, § 70. must contain mineral in appreciable quantities, p. 103, § 70. hearings as to character of, pp. 133-8, 176-8, §§ 87, 119-20. 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. Miners' Rights and Remedies, xiv., pp, 191-242, § 137-60. subject to execution, id. INDEX. Miners' Rights and Remedies-Contiuued. what required to divest rights, once acquired, id. "mining ground" held to mean occupant's interest, id. 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. 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, 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. 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. intended as notice to subsequent locators, pp. 200-1, id. pp. 201-2, § 145. location work, annual labor, p. 201, id. work done beyond claim, pp. 201-2, id. possession after failure, id. HOW BOUNDARIES DEFINED, pp. 202-4, § 146. |