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MINING LOCATIONS OR CLAIMS-Continued.

title separate and distinct from town-site patent, 1360
town lots subject to possession of, 1359.
town-site entry, 1367.

does not include, 1367.
patent can not include, 702.

for part abandoned, 1373.

titles in Alaska subject to, 1378.
transfer, 32.

and right to patent, 329.
by alien to citizen, 30.
of possession not within statute of frauds, 125.
to alien not an abandonment, 101.

unauthorized person, 56.
traveling expenses as annual labor, 242.
trespass, 160.
triangular form not authorized, 60, 85.

gives no extralateral rights, 145.

location, 60.
trustee may not relocate for himself, 271.
tunnel construction not assessment work, 248.

locations, 167, 705.
owner must make, after discovery of vein, 174.

rights, 166.
underground rights based on position of apex, 137.
under Philippine Island mining act, 1054.
uniform date for commencement of annual labor, 284.

period for beginning assessment work, 284.
unpatented, held subject to prior rights, 592.

placer location, 516.
unreasonable excessive area not notice, 91.
use for mining purposes only, 290.
of, after patent, 116.

for mining purposes not limited, 1360.
surface, 57.
within forest reservation, 1168.

town site, 1360.
validated by subsequent discovery, 71.
validity and rights in overlapping location, 158.

depends on compliance with existing statutes, 684.
determined by mining statutes, 35.
implied from entry, 397.
of, 462.

determined in adverse suit, 464.
in adverse proceedings, 464.
junior location, 158.

where senior is void, 90.
location on line of tunnel, 168.
on Indian lands, 976.

line of tunnel, 167, 174.
triangular location, 60.
within Indian reservation, 998.

reservation, 1227.
when made in form of octagon, 62.
valid location arises from long possession, 125.

without notice posted upon, 197.
valuable deposits subject to, 9, 10, 12, 25, 35.
value established by development, 345.
vein and lode synonymous, 107.

as point of measurement, 60.
located by defining surface, 214.
or lode as principal thing, 693.
required to extend to end lines, 148.

subject to location, 648.
veins or lodes not enterable as placer claim, 96.
vested right in, 93.

as against withdrawal order, 1390.
protected, 686.

MINING LOCATIONS OR CLAIMS-Continued.
void if made on existing locations, 465.

location not validated by subsequent discovery, 88.
voluntary absence as abandonment, 260.
waiver by corporation does not estop officer, 438.
watchman's services as annual labor, 242.
water rights on mining location in Black Hills, 1187.
what constitutes, 21, 180, 692.

vein or lode, 107.
when validity not questioned in adverse suit, 464.
width determined by miner's rules, 696.

limited, 62.
not dependent on character of surface, 63.
of, 35, 696.

as compared with width of vein, 55.
in placer location, 95.
lode claim within placer limits, 568.

within placer location, 331.
vein not limited under original act, 647.
permitted by local laws, 646.

subject to local regulations, 97.
withdrawal of land from public domain, 112.
within forest reservation, 115.

Indian reservation, 998.
limits of railroad grant, 1101.

not suspended by classification, 1155.
2,000 feet of Sutro Tunnel, 1385.
women may make, 27.
written conveyance not necessary, 125.

zigzag, 59, 64.
MINING OPERATIONS.

See also Mines, Mining, Mining purposes, Reduction works, Snielting.
cutting timber for, not a willful trespass, 1827.
reduction works as, 601, 1343.
restrictions as to use of timber for, 1325.
smelting as, 1244, 1343.
use of timber for, 1325.

limited to, 1342.
what constitutes, 1244.
MINING PURPOSES.

See also Cutting timber, Mining operations, Reduction works, Smelting, Timber, Timber cutting act,
act for cutting timber for, does not apply to coal land, 1340.
cutting timber for, 1333, 1334, 1342, 1351.

not limited to mineral lands, 1340.

limited to lands in actual use for, 1340.
exclusive enjoyment is for, 116.
extent of use of timber for, 1338.
grant of right of way for, 1193.
mesquite used for, 1325.
mill site used for, 601, 602.
permit to cut timber for, 1352.
proof to justify timber cutting for, 1346.
removing timber for, 1342.
right of way, 903, 1193.

for, in Alaska, 862, 902, 1192.
timber cutting for, 1335.

in mining districts permitted, 1338.
use of location limited to, 116.

value of timber for, 1342.
MINING RECORDER.

See also Alaska, Fees, Miners' rules and regulations, Mining districts.
delivery of records to legally elected recorder, 885.
election of, in mining districts in Alaska, 885.

records made public in mining districts in Alaska, 885.
MINING STATUTES.

See also Customs, Miners' rules and regulations, State regulations.
acceptance of offer to sell closes contract of purchase, 22.

MINING STATUTES_Continued.

acknowledgment of existing rights, 636.
acquiescence by Congress sanctions construction, 178.
actions in State courts not regulated by, 460.
adjoining lands sold subject to right of prior locator, 654.
adopted for protection of miners, 649.
adverse claimants protected by, 715.

claims provided for, 370.
agricultural settlements protected by, 639.
Alabama rights under enabling act not affected by, 1250.
all forms of mineral deposits included, 689.
allowance for placer claims on mineral lands, 672.
amended to authorized coal locations on Alaskan unsurveyed lands, 888.
amendment to inspection act, 806.
annual labor required, 697.

on association placer, 247.
apex of vein granted with other mineral deposits, 104.
application, 35.
and construction as to Alaska, 887.

disposal of lead mines, 1244.
exceptions, 630.
for patents on surveyed or unsurveyed land, 684.
of proceeds of sale of Indian lands, 975.

section 2328, 506.
to agricultural claimants, 624.

canals and ditches subsequently constructed, 622.
coal lands, 655.
locations after 1872, 150.
lode and placer claims, 178, 508, 650, 655.
Michigan, 630.
mineral lands, 639.
“mineral lands of the public domain," 1128.
minerals other than precious metals, 1216.
mines in foreign countries, 178.
Minnesota, 630.
Pacific Coast States, 642.
placer claims, 508.
salines and salt springs, 1201, 1202.
tide lands, 1128.
veins and lodes discovered in tunnel, 165.

placer deposits, 557.

Wisconsin, 630.
apply to lode and placer claims, 510.
appropriation of water in nonnavigable streams, 611.
as a Congressional grant of mineral lands, 111.

license to locate mining claim, 695.
an offer to give, 53.
evidence of intention to reserve salines, 1209.

preemption laws, 112.
asphaltum included, 8, 18, 20, 80, 518, 532, 689, 1046.
authority for organizing land districts, 280.
patenting lode claims, 698.

and mill sites, 698.
placer claims, 698.
over navigable streams not lost, 611.
authorize miners to follow vein on its dip, 147.
make regulations, 195, 210.

not in conflict with, 192.
mining districts, 193.
patents for veins or lodes and surface ground, 410.
relocation of forfeited claim, 263.
sale of locator's interest, 533.
State regulations for work in mines, 641.

title to veins, lodes, and mineral lands, 682.
change of common-law rule as to reservation of minerals, 103.

policy as to salines and salt springs, 1211,
classes of title created by, 408.

MINING STATUTES—Continued.

classification act refers to statutes in force, 1152.
coal-land statutes made applicable to Alaskan unsurveyed lands, 888.

sections construed together, 739.
codification of, 635, 672, 684, 1093, 1275.
codified in sections of Revised Statutes, 1275.
compliance as basis of title, 112.

with as condition for patent, 306.

immaterial to State, 314.

in obtaining mineral title, 404.
conditions precedent to entry, 392.
conformation of water right, 612.
conflicting claims settled by courts, 432.
consolidation of original acts, 685.
construed by Government officers, 111.
liberally to encourage development of mining claims, 645.

prevent forfeiture, 254.
to facilitate the sale of mineral lands, 638.

preserve locator's rights, 110.
protect miners on mining claims, 36.

mining locations, 36.
together, 95, 644,834, 1210, 1354.

with liberality, 36.
construction, 2, 25, 35, 178, 635, 684, 723.

alone will not give Federal jurisdiction, 621.
and application of section 2328, 506.

to lands valuable for mineral, 1202.
as to intersecting veins by Arizona courts, 132.

California courts, 132.

Colorado courts, 132.
methods of development, 243.
mineral deposits in Indian allotments, 1185.
ownership of intersecting vein, 586.
performance of annual labor, 234.
requirement of labor or improvements, 241.
right of exclusive possession, 116.

sale of load mine, 1041.
not limited by scientific definitions, 36.
of placer provisions, 517.

settlers' relief act as to, 1217.

tunnel act, 165.
sanctioned by acquiescence, 178.

showing policy to reserve salines, 1272.
contemplate exploration and occupation of mineral deposits, 13.

locations lengthwise of veins on surface, 138.
contents of location notice when record required, 208.
control length of claim on vein, 138.

quantity in placer claim, 527.
conveyance of mining rights under, 112.
courts of competent jurisdiction not designated by, 454.
customs of miners prior to enactment, 635.
date of application to miner, 630.
declaratory statement not required, 207.
declare what shall constitute discovery, 68.
define mining claim in adverse suit provisions, 465.
deposits of marble not included, 81.
description of cliam as to natural objects or monuments, 227.

required to be definite, 198.
determining sufficiency of discovery, 73.
difficulties as to application of extralateralrights, 135.
directory provisions as to parallel lines, 696.
discovery as a basis of title under, 66.

defined by, 68.
required as evidence of good faith, 64.

shaft not provided for, 70.
disposal of mineral lands by, 685.

changed by gold discovery, 639.

MINING STATUTES—Continued.

distinction between agricultural and mineral lands not abolished by, 625, 639.
effect, 672.

as to mineral lands, 638.
of practice and construction by public officers, 111.

reference to localcustom and rules, 642.
embrace all valuable mineral deposits, 17.

metallic and nonmetallic mineral, 80.
encouragement offered to develop mineral resources, 638.
end lines intended to cut vein, 145.

required to be parallel, 150.
entire placer acreage not acquired by one discovery, 513.
entry and patent entry of mining claims provided for, 685.
except veins known to exist within placer limits, 558.
exception of special minerals, 723.
existing mining rights not impaired by, 628.

protected by, 686.
provisions perpetuated, 673.
exploration subject to miners' regulations, 640.
extended to Alaska, 618, 782, 871, 872, 873, 874, 886, 887.

ceded Colville Reservation, 968, 969.
Indian lands, 1025, 1186.

allotted lands, 1186.
lands ceded by Indians, 999, 1000.
saline lands and salt deposits, 1214.

San Carlos Indian Reservation, 1000
extend privilege of exploration and occupation, 13
extent and purpose of grant of water rights, 656.

of procedure in actions on adverse claims, 430.

repeals, 687.
extralateral rights granted by, 699.

not enlarged beyond those given by customs, 652.

under miners' rules not interfered with, 651.
failure to comply with, no ground for forfeiture, 653.

follow subjects claim to relocation, 266.
first enactments, 635.

for conveyance of mines and minerals, 638.
placer statute, 672.
fix no amount to be expended in making discovery, 74.
force in Alaska as to water rights, 618.
form of action in adverse suits not regulated by, 497.

on adverse claim not prescribed, 453, 459.
foundation of system of mining laws, 685.
framed for the protection of miners, 36.
general license to explore and mine, 640.
generally prescribe shape of location, 60.
give locator the vein when he has apex, 127.

right of possession without purchase, 188.
grant by, limited by planes of end lines, 119.

from United States to surface and veins, 120.
of all veins or lodes apexing within surface boundaries, 693.

apex, 104,
extralateral rights, 24, 119, 134, 652, 702.

on all veins, 140.
minerals with legal title in United States, 114, 115.

paramount title in United States, 114,
mining location made subject to miners' rules, 643.
mining rights, 113.
possession on performance of condition, 115.
property rights, 111,
right to follow vein, 113.
right of way for canals and ditches, 612, 659,

to explore for minerals, 640.
surface and veins, 119, 646.

inseparable, 119.
tunnel rights, 166.
veins and claims, 104.

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