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MINING LOCATIONS OR CLAIMS—Continued.
adverse claims, 785.

confined to, 864.
possession applies to assigns, 550.
affidavit as to assessment work required by State law, 269.
agent authorized to make, 700.
may make in California, 700.

not relocate for himsell, 271.
must have written power of attorney to make, 876.
agreement to make, 55.
alienage of locator, 31.
alienation of title not prohibited, 429.
aliens as joint locators, 30.

can not make locations, 29.
may make in Alaska, 910.
qualifying as citizens, 31.

right to purchase, 101.
amended location, 182.

and improvements, 346.
amendment not permitted after transfer of title, 182.

to include two or more, 536.
amount for each of several locators unauthorized, 647.

of expenditures as basis for patent, 653.
annual assessment work, 653.

expenditures made outside of, 244.
labor, 177, 466.

amount required, 697.
extension of time for, 698.
not required after application for patent, 249.

under Sutro Tunnel act, 1386.
on in Philippines, 1058.
requirements suspended, 286.
suspended, 286.

tunnel construction as, 699.
applicant for patent must pay his expenses of survey, 280.
application for on Indian lands surrendered, 974.

patent by coowner, 279.

rejected, 297.
town-site patent, 1366.
of provisions limiting possession, 703.

repayment act to, 1220.
to lodes within placer claim, 53.

tunnel location, 283.
apportionment of improvements, 352.
appropriation for railroad right of way, 1144.

of mineral land according to law, 180.

mining ground as notice of location, 50.
area and dimensions, 695.

under original act not affected, 687
form of, 1055.
governed by miners' rules, 696.

on lands containing asphaltum and gilsonite, 998.
as a disposal of interest in public land, 104.
grant, 92, 112.

of vein or lode, 111.

to exclusive right of possession, 111.
an interest in land, 124,
a "piece of land," 291, 310.
appropriation of surface, 57.
assets of deceased locator's estate, 126.
conditional estate before patent, 707.
contingent estate and kept alive by annual work, 251.
knowledge of existence of vein or lode, 562,
notice, 700.

of rights of locators, 1359.
to homesteader, 846.

town-sito claimant, 1359.

MINING LOCATIONS OR CLAIMS–Continued.
as permanent monument, 212, 229, 443.

possessory title legal in character, 120.
property, 9, 32, 93, 122, 123, 188, 701.

of locator, 56, 404.

subject to taxation, 123.
purchase from Government, 22.
real estate, 124, 188.

under State of Utah, 125.
ascertaining boundaries of, 443.
asphaltum lands, 532.
assessment work performed by grantee, 250.
assignee protected by Stato registration statutes, 122.
assignee's right to patent, 329.
association claim limited to statutory size, 63.
authority of Land Department in granting patent, 63.

Secretary, 293.
authorized by Colorado statute, 182.
based on discovery, 64.

by third person, 1047.
hasis for obtaining patent, 404.

of possessory rights, 515.
becomes mining claim after being located, 22.
below high-water mark on river, 53.
beneficial character of improvements, 346.
benefits of discovery, 181.
Black Hills Reservation, 1187.
boundaries must be readily traceable, 310.
buildings as improvements, 347.
burden of proof, 33.

as against surveyor's return, 1196.

to cutting timber on, 1327.
on town-site entryman to show nonmineral character, 1381
by alien not subject to attack by individuals, 32.
cancellation of mineral entry, 59.
can not extend beyond end of lode, 61.

rest upon imaginary existence of vein, 63.
carries grant of easement from Government, 21.
carved out by vertical plane, 648.
cash entry of coal lands, 732, 735, 785.
central idea is discovery, 649.
certainty in description, 232.
certificate of, admissible in evidence, 874.
change of boundaries, 224.

name before record, 212,

surface lines, 182.
character of placer location, 94.
citizen authorized to make, 26.
citizenship and proof, 28.

of locator not determined by court in Alaska, 910.
claim and location synonymous, 179.

may refer to single or consolidated location, 338.
pot included in reservations, 189.

partly within town site, 331.
“claimant” means locator, 535.

protected by protest, 375.
classes of titles, 116.

recognized by mining statutes, 574.
closes contract of purchase, 22.
coincidence of lode and placer claims, 557.
colorable locations in forest reserve not protected, 1168.
compliance with all requirements, 49.

law after withdrawal of Indian lands, 957.
mining statutes necessary, 36.

statutes necessary, 49, 112, 178, 694, 974.
conditional estate forfeited by failure to perform labor, 702.
condition for sale of adjoining land, 654.

MINING LOCATIONS OR CLAIMS—Continued.
conditions as to ownership, 187.

possession, 187.
for obtaining patent, 662.

imposed on sale of adjoining lands, 654
confiict area forfeited by senior locator, 257.

between patent and monument, 505.

of lode and placer claims, 158.
conflicting claims settled by court, 719.

extralateral rights, 158.
locations, 183.

rights determined by adverse claim, 184.
conforming to public survey, 49.

statute as to length, 648.
conformity to miners' rules, 196.

before recognized by department, 196.
connected with survey or monument, 849.
connecting with mineral monuments, 321.

public survey, 342.

township line and section corners, 819.
consists in appropriating mineral land according to requirements, 180.

of acts hy which possession of minerals is acquired, 50.

mineral-bearing vein or lode and surface ground, 50.
construction of location statute, 111.

provisions for marking boundaries, 178.
contents of record, 177, 701.
contestants, 33.
contests over, determined by court proceedings, 430.
contract for survey, 579.
controversies determined by law of possession, 832.
conveyance and forfeiture of coowner's interest, 276.

by deed, 93, 188.

locator, 56.

one coowner, 276.
of vein or lode, 648.
to separato persons,

94.
coowner may acquire interest of other, 274.
interest forfeited after notice, 275.

to be forfeited, 276.
right to patent, 279.
coowners, 177, 271.

272.
corner tied to public survey or mineral monument, 321.
corporation, 27.

as joint locator, 28.
cost of improvements as a basis of value, 355.
course of discovery vein determines lines for all veins, 149.
courses and distances must be followed in absence of monument, 443.
court may determine method of locating deposit, 467.
criminal liability for robbing or destroying in Alaska, 909.
cross locations unauthorized, 144.
crosswise of vein, 82, 144.
curved figure, 62.
cutting tiiber on, 1335, 1352.

limited to use of claim, 1335.
damages for appropriation for right of

way,

1144.
date of location on abandoned ground, 262.
defined in adverse-claim proceedings, 465.
definition of, 179.

lode, 649.

vein, 649.
delinquent coowner entitled to notice, 275.

may be advertised out, 274.
Department regulations as to conflicting claims, 158.
dependence of steps in making, upon each other, 54.
dependent on discovery, 56, 71.

who are,

MINING LOCATIONS OR CLAIMS-Continued.
description, 177, 225, 340, 504.

and connection with survey, 701.
survey,

701.
by reference to natural objects or monuments, 227, 321, 340, 700, 701.
in notice or record, 226.

patent, 666.

terms of public survey sufficient, 320.
of, on surveyed lands, 504, 505.
question of fact, 504.
when bordering on lakes or streams, 320.

on unsurveyed lands, 321.
destruction of boundaries, 225

markings, 225.
determination of boundary planes, 109.
determined by course of vein or lode, 55.
determines rights below surface, 57.
difference between lode and placer claim, 330.
diligence in making, to preserve water rights, 620.

prosecution essential to protection, 1047.
dimensions, 506.

and area, 695.
governed by local laws and customs, 647.
limited by statute, 60.

locator entitled to, on discovery, 694.
dip of vein and meaning, 141.
discoverer entitled to entire width of vein, 67.

given exclusive right, 56.
protected, 701.

right to apex of claim, 699.
discovery. See title Discovery.
discrepancies in description, 231.
disposal of, within abandoned military reservations, 1160.
distinguishable from cross or intersecting lodes, 588.
distinguished from location, 22.

mine and mining claim, 51.

mining claim, 22, 51.
division among several by locator, 94.
dower rights in, 33.
duty of locator to protect against trespass, 123.
effect and rights within forest reservation, 1168.

validity on lands not subject to, 310.
as against railroad grant, 1189.

grant from Government, 56, 111, 700.
establishing mineral character of land, 1295.

segregation of lands, 542.
of cross location on extralateral rights, 144.

customs, 642.
destruction of notice, 206.
excessive location, 695.
failure to comply with miners' rules, 196.

perform assessment work, 255.

record in Alaska, 899.
forfeiture of senior on junior location, 257.
general finding as to right of possession, 873.
intersecting claim, 139.
irregular location, 59, 138.

on extralateral rights, 144.
local laws, 642.
statutes on,

506.
location, 21, 56.

as notice, 700.

within limits of prior location, 184.
marking on surface, 57.
miners' regulations on, 506.
mistake in description, 232.
on timber and stone entry, 1316.

MINING LOCATIONS OR CLAIMS-Continued.
effect of patent as a conveyance, 34.

for placer location on lode location, 310.
priority of location on extralateral rights, 157.
relocation, 704.
removal of stakes and markings, 92.
surface boundary lines, 696.
Sutro tunnel act, 629.
triangular location, 85, 145.
want of discovery on adverse claim, 379.
within forest reservation, 1168.

zigzag, 59, 64.
on classification of railroad lands, 1155.
lands returned as agricultural, 53.

withdrawn from private entry, 1390.
of homestead entry, 1322.

town-site patent, 1381.
to segregate area from public domain, 56.
when in form of triangle, 60.

interest of alien escheats, 30.
where discovery shaft is upon prior location, 88.

embraces prior location, 310.
end lines pass through discovery shaft, 323.
located within line of Sutro tunnel, 1385.
surface lines are laid on private property, 93.

peaceably laid on senior location, 86.
ejeotment against trespasser, 703.

proof as against stranger, 117.
elements of property, 93.
embraces definite tract of land and vein, 51.
employees of General Land Office can not make, 27.
end lines. See title End lines.
enlisted persons exempted from assessment work, 287.
enterable in Minnesota, 630.
entries on, not suspended by, 1155.
entry, 189.

and effect, 391.
as notice, 701,
canceled, 398.
equivalent to patent, 189.
for patent and extent of area, 707.

of town site on, 1366.
equitable right on payment of purchase price, 250.
evidences of discovery, 79.
excepted from amendatory acts of California and Nevada, 1277.

grant to California, 1260.
Indian lands reserved, 974.
railroad grants, 1109, 1116.

town-site patent, 1382.
excess of lineal feet on the surface harmless, 648.
excessive, 90, 514, 647.

area may be abandoned, 91.

not invalid, 648.
exclusion of discovery ground invalidates, 70.
exclusive enjoyment limited to mining purposes, 116.

right to possession of surface, 114.
exemption from Sutro tunnel, 629.
existence of vein or lode, 107.

necessary, 50.
expenditures, 344.

as evidence of good faith, 162.
expenses of survey, 1038.

borne by mineral claimant, 280.

paid by claimant, 579.
extension beyond end of lode prohibited, 61.

of time for annual labor prevents relocation, 722.

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