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MINERAL SURVEYORS-Continued.

residence in district not required, 578.
resurvey and compensation, 580.
return as official, 280.

prima facie evidence of character of land, 1120.
survey of mining claim by, 280, 577.
MINE-RESCUE CARS.

See also Appropriations, Bureau of Mines.
appropriations for, 924, 928, 929, 930.
Bureau of Mines may accept short-term leases for, 922.
headquarters for, 924, 928, 929, 930.
lease of land for, 924, 928, 929.
purchase of lands for, by Bureau of Mines, 922.

station at McAlester, Okla., 930.
railroad sidings for, 924, 928, 92.).
MINERS' LIENS.

See Liens.
MINERS' RULES AND REGULATIONS.

See also Alaska, Mining districts, Mining locations, Mining recorder, Mining statutes, Possessory

rights, Records, State regulations, Statute of limitations, Water rights.
adoption of, 641.
adverse claim required by, 435.
as basis of possessory right of mining claim, 644.
to consolidation of claims, 532.

contents of record, 193.
length of location and end lines, 650.
notice, 209.

and record, 692.
possession of locators, 162.
posting notice of location, 204.
record in Alaska, 885.

of notice of affidavits of performance of labor, 885.

ditches, 885.
flumes, 885.
location, 885.
mill sites, 885.

water rights, 885.
recording location, 192.
transfer of locations, 162.
use of water, 617.
water rights, 617.

width of location, 696.
authority of miners in Alaska to make, 901.

to fix area of placer locations, 707.

limit width of location, 63.

make, 2, 177, 901.
authorized, 692.

by mining statutes, 196.

to make, 2.
basis of title, 692.
can not authorize less expenditure than mining statute, 195.

determine method of acquiring title, 13.

lessen amount of annual labor, 239.
compliance with, 102.

essential, 13.
Congress sanctions, 13.
contents of record where record required by, 195.
construction of, not inferred to work a forfeiture, 704.
continued in force by statute, 692.
courts can not dispense with requirements, 195.
customs of miners, 193.

prevail after disuse, 14.
discovery and appropriation as source of title, 643

basis of title under, 66.

recognized as foundation of title, 23.
disuse of, 14.

1

MINERS' RULES AND REGULATIONS_Continued.
effect and extent prior to statutory enactment, 635.

force, 96.
as governing location, 692.
of mining laws, 13.

violations, 195.
on acquisition of mineral lands, 13.

dimensions of mining locations, 506.

lode locations, 642.

where disregarded, 196.
election of mining recorder, 885.
enlarging common-law rule as to uses of water, 616.
exploration for deposits subject to, 9.

minerals subject to, 640.
extent and form of location authorized by, 195.

operations, 14.

power, 692.
extralateral rights given by, 643.
force as legislative enactment, 640.

of, as to coal lands, 781.
general provisions and conditions governing mining claims, 643.
governing mining locations, 162, 177.
in mining districts in Alaska, 871.
law governing property in mines on public lands, 1117.
length of location permitted by, not limited by statute, 650.
limitations as to maximum and minimum width, 696.

width of location, 97.

on placer area, 707.
locations in accordance with, protected, 97.

must conform to, 96.
on Indian lands pursuant to, 957.

subject to, 102.
may exact more than requirements of mining statutes, 193.

increase amount of expenditures, 194.
require declaratory statement, 267.

notice and record, 197.

posting notice, 197.
method of adopting and application to mining claims, 642.
miners in mining districts in Alaska may make, 885.

permitted to make rules and regulations, 192.

rights subject to, 643.
minimum width of claim, 695.
mining districts, 193.

in Alaska subject to, 871.
interests grown up under, 1089.
locations made in accordance with, 190.

on tide lands in Alaska subject to, 871.
must be in accordance with mining statutes, 97.
no legal force after approval of Alaska Government Act, 873.

presumption of, in absence of proof, 194.
not destroyed by mining statutes, 178.
oral or written, 194.
parallel end lines not required by, 650.
part of system of mining laws, 2.
patent as evidence of compliance with, 415.
per diem amounts not permitted, 195.
possession of placer claim in accordance with, 655.

presumed to be in accordance with, 643.
power to diminish surface width, 97.

make, 97.
presumptions as to customs, 193.
proof as to, on adverse claim, 379.

necessary, 194.
of customs of miners, 193, 468.

to sustain, 97.
protest required, 435.
provisions and effect, 642.
question of fact, 14.

MINERS' RULES AND REGULATIONS-Continued.

railroad grants subject to, 1117.
recognized, 692.

in Nevada, 1089.
recording as one act of location, 192.

of notices of mining locations in Alaska, 901.
regulating water rights, 617.
regulations as to amount of work, 194.

location, 195.

of claim, 195.
notice of location, 195.

record of claim, 195.
remain in force until amended or repealed, 196.
repealed by conflicting statutory provisions, 901.
require expenditure of labor or improvements, 162.
requirement as to amount of expenditures, 196, 239.

record of location, 208, 209.

amount of annual labor, 196, 239.
rights and title acquired under, 14.

of mining claimant subject to, 643.
rules and regulations permitted, 192.
sanction by mining statutes, 643.

Oregon statutes, 657.
securing water rights, 618.
shall not be in conflict with mining statutes, 871.
superseded by statute, 692.
time allowed for tracing course of vein, 193.
title granted by, not superior to Government, 24.

recognized, 24.
recognized by, 23.
validity, 696, 901.
as to placer location, 527.

in Alaska, 530.
not acquired by enactment but from customary obedience, 14.
of, over appropriation of water recognized, 617.
where contents of notice are specified, 195.

made prior to adoption of mining statutes, 643.
violations of, and effect, 195.
working claims as condition of continued possession, 642.

written or oral, 194.
MINING.

See also Bankruptcy, Hydraulic mining, Mining and mineral rights, Timber.
distinction between, and quarrying, 915,
hydraulic, regulated, 940.
license by Congress, 10.
meaning as used in bankruptcy act, 915.
not determined by workings above or below ground, 915.
quarrying as within bankrupt act, 915.
timber used for, in Alaska, 870.
use of timber for, 1312.

workings above and below ground, 915.
MINING AND MINERAL RIGHTS.

See also Indian lands, Mining locations, Mining statutes, Placer locations, Possession, Possessory rights,

Railroad grants, State grants, Timber, Town sites.
absence of, from railroad grant, 791.
acquired under existing laws protected, 629.

Philippine Island mining act, 1053.
arise from discovery, 66.
as against application for town site, 1380.

town-site claimant, 1380.

entry, 1380.
an integral one, 113.
based on discovery, 64.
confirmation by Court of Claims, 1078.
cutting timber on forest reservation, 1163.
do not antedate discovery, 66.
effect on, of town-site patent, 1362.
enlarged by statute, 684.

MINING AND MINERAL RIGHTS—Continued.

excepted from town-site patents, 1372.
exclusive possession of surface for mining purposes, 22.
existing rights on town sites protected, 1368.
extent under implied license, 21.

present statutes, 21.
flow from discovery, 66.
granted citizens of Canada in Alaska, 885.
Indian lease protected, 991.

royalties as, 988.
initiated by appropriation and location of mining claim, 22.

discovery of valuable deposits, 22.
jurisdiction of courts to protect Indians in, 991.
killing animals in Alaska, 898.

birds in Alaska, 898.
license to mine presumed, 635.
limitation as to quantity of ground, 21.
measure and extent on discovery, 69.
mining statutes construed to protect, 36.
not impaired by mining laws, 629.

initiated by occupation for business or trade, 22.
Philippine Island mining act, 1053.
possession with assent of Government before mining law enacted, 635.
preservation of, 110.
prior rights protected, 118.

without adverse claim, 629.
protected, 629.

by act of 1866, 636.
statute, 36, 672, 789.

as against town-site rights, 1381.
in town sites, 1354.

on town sites, 1368.
recognized before enactment of mining law, 635.

by act of 1866, 636.

Government before mining statutes enacted, 636.
reservation as to, in town-site patent, 1364.
royalties from, on Indian lands, 988.
secured by single location, 113.

statute, 684.
statutes as charter, 10.
subject to miners' rules, 640.
title conveyed by patent, 113.
town lots subject to, 790.
underground rights secured by single location, 113.
under implied license, 21.

within town site, 1380.
MINING CORPORATION.

See also Citizenship, Common carriers, Eminent domain, Rights of way.
authorized by State, 832.
right of way for canal, 1190.

reservoir, 1190.

tramroad, 1190.
territories may authorize, 832.

width of right of way for canals, tramroads, 1190.
MINING CAMPS.

roads in Alaska, 861.
MINING DÉBRIS.

See Débris deposits.
MINING DÉBRIS ACT.

See also Débris deposits, Hydraulic mining, Mining statutes, Navigable waters, Tailings,
circumstances and conditions leading to enactment, 940.
débris commission not a judicial tribunal, 943.
intended to promote navigation on rivers named, 940.
jurisdiction of commission over hydraulic mine in California, 941.
provisions mandatory, 941.
purpose to prevent injury to navigation in California, 940.

and application to hydraulic mining in California, 941,

MINING DISTRICTS.

See also Alaska, Cutting timber, Miners' rules and regulations, Water rights.
authorized by mining laws, 193.
cemeteries in, in Alaska, 869.
cutting timber for mining purposes, 1339.
election of mining recorder, 885, 901.
meaning of term, 193.

as applied to timber-cutting act, 1339.
miners of, in Alaska may make rules and regulations, 885, 901.

may elect recorder, 901,
organization of, optional with miners, 193.
parks in, in Alaska, 869.
power to diminish surface width, 97.

make rules and regulations, 97.
recognized, 177.
recorder in Alaska, 901,
records of, in Alaska made public, 901.
regulations as to cutting timber in, 1339, 1344.
right of residents to cut timber, 1344.
rules governing mining locations, 2.
those of California included in timber-cutting act, 1339.
timber cutting permitted though outside of mining States, 1339.

use of timber for mining purposes in, 1339.
MINING LOCATIONS OR CLAIMS.

See also Abandonment, Adverse claims, Aliens, Annual labor, Apex, Citizenship, Coal locations,

Conflicting locations, Coowner, Description, Discovery, End lines, Entry, Extralateral rights,
Forfeiture, Improvements, Land Department, Liens, Lines, Locators, Lode claims, Marking location,
Mineral lands, Mining statutes, Monuments, Oil locations, Patent, Patent proceedings, Philippine
Islands, Placer locations, Possession, Possessory rights, Qualifications, Relocation, Side lines, Sur-

vey, Town-site locations, Veins or lodes.
abandonment, 113, 259, 1057.

and effect, 251.

forfeiture distinct, 257.

relocation, 704.
as presumption of absence of mineral, 1316.
becomes effective at once, 260.
by failure to perform annual labor, 260.

lapse of time, 261.
one coowner, 273.

partner, 262.
divests owner of all rights, 262.
equivalent to conveyance, 260.
of conflicting area, 262.

one of group claims, 261.

part after adversing is not a waiver, 438.
proved by competent evidence, 261.
subjects ground to further location, 261.

relocation, 263.
absence as basis of abandonment, 260.

insufficient to base relocation, 269.
of end lines and effect, 145.

stone location, 1316.
absolute accuracy not required, 180.
acquired by possession for a statutory period, 547.

only on conditions prescribed by statute, 293.
across intersecting claim, 139.
act of appropriating a parcel of mineral land, 51, 180.

public mineral lands under mining laws, 50.
actions apply to, as to real estate, 121.

for recovery of mining claim in Alaska survive, 909.
to maintain possessory right to in Alaska, 909.

quiet title as against homesteader, 864.

recovor in Alaska, time of beginning, 908.
actual possession not required, 24, 92.
adjoining lands sold subject to right of locator, 654.
adjustment of relative rights of lode and placer claim, 715.
adoption of miners' rules, 642.

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