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AGRICULTURAL CLAIMANTS—Continued.

patent subject to water rights, 622.

preference right of entry under settlers' relief act, 1217.
proof of character of land in mineral regions, 625.

discovery as against mineral claimant, 79.
sufficient to defeat, 315.

protest by, 1155.

reliance on return of surveyor general, 625,

right to patent after mineral discovery, 626.
AGRICULTURAL ENTRIES.

See Agricultural claimants, Agricultural lands.
affidavit as to value of lands for timber and stone, 847.
application for purchase of coal lands, 824.

burden of proof on mineral claimant to overthrow, 845.
coal lands, 816, 823.

effect of subsequent discovery of stone, 844.

entry on coal lands withdrawn, 823.

failure of mineral claimant to object to, 846.

lands worked and abandoned by miners subject to, 7.

limited patent to coal lands, 817.

mere mineral prospect will not prevent, 6.

mineral lands, 7.

mining statutes protect, 639.

on coal lands, 816, 823.

before withdrawal, 817.

mineral lands protected, 624.

stone lands not permitted, 1322.

protected by mining laws, 639.
purchase of surface, 823.

reservation of coal, 823.

salines reserved from, 1212.

AGRICULTURAL GRANTS.

mineral lands reserved from, in Kansas, 1279.

AGRICULTURAL LANDS.

See also Agricultural claimants, Agricultural entries, Burden of proof, Coal lands, Entry, Mineral
lands, Patent, Stone lands.

acquisition, 625.

burden after exclusion from railroad grant because mineral, 317.

of proof after mineral entry, 318.

as to mineral character after determination, 1388.

in contest between entrymen, 845.

on determination of character of, 317.

mineral claimant, 33, 1103.

certificate of mining location will not shift burden, 319.

comparison of value with mineral lands, 625.

contest with mill-site claims, 607.

determination of character conclusive as against mineral claimant, 843.

determination of character of, 1389.

disposal as coal lands, 787.

effect of mineral improvements, 626.

mining location on, 1196.

presence of mineral, 316.

proximity of mine, 842.

tunnel on, 1387.

entry before coal classification protected, 821.

on, protected, 625.

entryman entitled to limited patent, 823.

hearing to determine as against mineral claimant, 625, 843.

homestead entries, 625.

lands returned as by surveyor general, 850.

may be mineral also, 532.

method of acquiring, 625.

mill sites on, 607.

mineral lands not included, 7.

patent not granted without hearing, 314.

56974°-Bull. 94, pt 2-15- 42

AGRICULTURAL LANDS-Continued.

mining claims not acquired by patent for, 403.
location on, 53, 1196.

more valuable for than for mining, 317.

nature and acquisition, 625.

nonmineral affidavit as to, 846.

not subject to lieu selection unless vacant, 1172.
mineral entry, 844.

occupation as mining claim as against homestead entry, 843.
patent for surface reserving coal deposits, 812.

to does not convey known mines, 626.

placer location on, 531.

preference right of entry, 846.

proof as to character of land, 625.

of mineral character sufficient to defeat entry, 841.

to defeat homestead entry, 314.

public lands in Alabama disposed of as agricultural, 795.

purchase of as mineral land, 1146.

with knowledge of mineral character, 34.

return as does not withdraw from private entry, 627.

right to patent not defeated by subsequent mineral discovery, 843.

segregation in placer locations, 532.

stone ledges will not except land from entry, 844.

survey may segregate agricultural and mineral, 532.

surveyor's return not overcome by certificate of location, 319.

use for mill site, 607.

ALABAMA.

See also State grants.

amendment of coal-land act, 822.

application of enabling act to mineral lands, 1249.

classification of mineral lands in, 1095.

coal and iron land act, 792.

[blocks in formation]

ALABAMA-Continued.

salines granted to, 1248.

salt springs granted to, 1248.

Secretary authorized classify mineral lands, 1095.

State grant to in aid of railroads, 1265.

selection of mineral lands, 799.

statute providing for disposal of mineral lands in, 795.

stone lands subject to entry, 795.

subsequent statutes can not deprive it of rights under enabling act, 1249.
suspension of homestead pending offer, 801.

title to mineral lands acquired under enabling act, 1249.

to every sixteenth section irrespective of mineral character, 1248.
university grant selection of mineral lands, 1250.

vested rights protected, 797.

ALASKA.

actions for recovery of mining claim survive, 909, 1184.
on adverse claim, 432.

to maintain possessory right to mining claim, 908.
recover possession of mining claims, 909.

adverse claim, action on in 879.

against patents for coal location, 886.

between nonmineral claimants, 864.

filing, 879.

time of beginning suit, 879.

filing, 879.

agent limited to location of two placer claims, 875.

must have power of attorney to make mining locations, 876.

sworn statement must accompany application for patent, 876.

agreements to consolidate coal locations illegal, 891, 892.

aliens may acquire mining claims, 910.

amount of annual expenditures on placer claims, 877.

annual labor on oil lands, 1048.

one of group of oil claims, 1048.

placer claims in, 875.

application and construction of the mining laws as to, 887.

of coalstatutes to, 891.

mining statutes to, 872.

appointment of surveyor general, 898.

appropriation ofland, 883.

appropriations for survey of mineral lands, 911.

area of coal land acquired by association, 889.

authority for compiling laws, 861.

of Land Department to determine character of land in, 863.

to organize corporations, 902.

board of road commissioners, 861.

carrier's rights as to coal lands in, 893.

cash entries for coal lands in, 785.

certificate of location admissible in evidence, 874.

character of land determined by land office, 869, 870.

civil code, 883.

civil government, 899.

act, 900.

claim for laborer's lien filed with recorder, 905.

clerks provided with records for recording mining claims, 899.

coal deposits in, 891.

entries in, 778.

on surveyed lands, 778.

only, 774.

unsurveyed lands, 784.

excluded from right of way in, 863.

for domestic purposes, 895.

land laws, 871, 886.

extended to Alaska, 887.

lands enterable by qualified persons or associations, 885.

leasing act, 892.

on streams, 867.

or coal deposits in Alaska subject to forfeiture, 891.

ALASKA-Continued.

coal lands reserved by President, 893.

laws extended to, 782.

location authorized on unsurveyed lands, 888.

reliefact not intended to grant monopoly, 892.

reserved from entries under nonmineral land laws, 812.

statutes construed as remedial, 891.

in force in, 886.

made applicable to unsurveyed lands, 888.

combination to purchase coal lands or deposits unlawful, 891.

compiled laws, 861.

conditions to be recited in patent for coal lands, 891.

consolidation of coal claims, 890, 892.

permitted, 891, 892.

conspiracy to purchase coal lands forfeits title, 891.
construction of coal-land statutes as applicable to, 891.
Cordova Bay Harbor, etc., Company's rights in, 898.
corporations and pipe lines, 883.

leasing coal lands in, 893.

may organize to acquire, hold, and operate mines, 907.

smelters, 907.

death of party will not abate action relating to mines, 908.
Department regulations over, 873.

determination of adverse claim to coal location, 886.

preemption rights on public lands, 890, 1222.

development of coal deposits, 892.

disposal of coal deposits in lands entered as nonmineral, 812.

lands in, 871, 897.

distribution of payment by owner to contractor to miners and laborers, 906.
districts in which instruments shall be recorded, 900.

duration of miner's lien, 905.

duty of recorder to keep record of miner's liens, 880.
surveyor general as to placer claims in, 876.

easements reserved in coal leases, 896.

effect of location certificate as proof of possession, 874.

election of mining recorder, 885.

eminent domain for mining purposes, 902, 903.

enforcing miner's lien, 881, 905.

liens, appeal, 882.

equitable action for interest in mining claim, 909.

excessive area of coal lands not permitted, 892.

existing liens of miners not impaired, 907.

extension of water-right laws to, 618.

extent of agent's authority to locate placer claims, 875.

laborer's lien on leased mine, 903.

mine, 905.

miner's lien in, 880.

placer claims in, 875.

failure to perform annual labor within year, 879.

filing affidavit as to performance of annual labor in Alaska, 879.

claim of lien in, 880.

declaratory statement for coal entry, 769.

notice of mining location for, 900.

form and extent of coal locations made in good faith, 890.

of placer claim, 876.

good faith entry of coal lands may be perfected, 890.

Government act, 872.

as to mining claims, 873.

displaced miners rules, 873.

on title and possession of mining claims, 874.

homestead and mineral claimants, 869, 870.

irregular placer locations, 515.

impossibility of conforming placer locations to survey, 543.

improvements on placer claims in, 875.

inspection of coal fields, 1095.

mines, 922, 923, 929.

mineral deposits, 1095.

ALASKA-Continued.

joint action to enforce miner's liens, 881.

judicial notice as to locations in, 189.

mineral deposits in Seward Peninsula, 883.
survey in, 530.

jurisdiction of courts in action on adverse claim, 864.

enforcing of miner's liens in, 881.

to protect miner's liens, 882.

laborer must file claim for lien, 905.

on mining claim must file notice of lien, 880.

laborer's lien on leased mine, 903.

land district, 872.

lands above tide open to mining location, 874.

entered for town-site purposes, 867.

taken for cemetery in mining districts, 869.

parks in mining districts, 869.

valuable for building stone enterable under mining laws, 1328.

laws of Oregon extended to, 873.

lease of adjoining coal lands, 894.

length and width of placer claim, 876.

of placer location not to exceed three times width in, 875.

liability for trespassing on mineral land, 909.

mining claim, 909.

of lessor of mine for laborer's lien, 904.

person robbing or destroying any flume, rocker, quartz vein, sluice box, or mining claim, 909.
license to operate mines, 910.

quartz mills, 910.

lien for grading street, 905.

of miner on mine, 879.

on mine, 884.

enforcing against mine, pleading, 884.

recovery of attorney's fees, 884.

expenses, 884.

right of laborer to hold, 884.

tramway lines, 903.

limitation of actions for recovery of mining claims, 908.

on placer locations, 530.

limited license to mine coal, 895.

location of mining claims by alien, 910.

placer claims in, 875.

by agent, 875.

marshal operating mines to pay liens, 882.

materials furnished for mine not subject to legal process, 906.
mechanic's lien for labor in mines, flumes, and tunnels, 903.
on mines, flumes, tunnels, 903.

mill site not permitted on 60-foot easement on shore, 864.

sites on water fronts, 874.

mine inspection, 922, 923, 929.

inspectors' salaries, 922, 923, 929.

mineral lands, 883.

for cemetery, 869.

parks, 869.

in reservations restricted to public lands, 1165.

not acquired by town-site entry, 1379.

locations, 867.

included in forest reservations, 1164, 1165.

on streams, 867.

water fronts, 874.

veins within town-site limits, 1379.

minerals excluded from right of way in, 862, 863.

miner's lien for work or material, 879.

not defeated by informality in notice, 881.

mistakes, 881.

not waived by agreement, 882.

on building improvements extend to ditches, flumes, and tunnels, 907.
may make rules and regulations, 885.

must file notice of lien, 880.

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