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MINING LOCATIONS OR CLAIMS-Continued.
extent and dimensions, 59.

form of tunnel location, 175.
of ownership of surface, 693.

possession of surface, 693.

surface area defined, 693.

when made by association, 646.
extra extent in length taken by locator, 647.
extralateral rights, 24, 58, 134, 699. See title Extralateral rights.

extent and nature, 651.
granted by statute, 134, 699.
granted owner, 702.
limitations upon, 652.
not affected by patent, 159.
on surplus width of vein, 67.
right as against patentee, 653.
when lines are on senior location, 86.

where lines of junior are on senior location, 157.
fails if discovery fails, 56.
failure to perform assessment work subjects to relocation, 257.

record as ground of forfeiture, 255.

affidavit no ground for relocation, 269.
Federal questions, 163.
filing notice of, for record in Alaska, 900.
fixing point through which measurements of location begin, 60.
forceful location, 89.
foreclosure of lien on, and recovery,

884.
foreign corporation may make, 28.
forfeited by failure to perform conditions, 255.
forfeiture, 177, 254, 653, 704.

by abandonment, 256.
declared by statute, 704.
for failure to perform assessment work, 251, 255, 256.
not complete until claim occupied by others, 261.
of conflict area by senior locator, 257.

conflicting area and relocation by stranger, 270.
coowner's interest on notice, 275.

in Alaska, 879.
on failure to perform annual labor, 234, 257.

prevented by resumption of work, 251.
form, 59, 695.

and dimensions, 646.
as a parallelogram, 138.
extent, and dimensions, 59.
in Philippine Islands, 1055.
may deviate to follow vein, 62.
not necessarily a parallelogram, 62.
octagon, 62.

parallelogram, 59.
foundation of possessory title, 21.
fraudulent entry on invalid senior location, 89.

location, 89.
general system of work and improvement, 245.
gives exclusive possession of surface ground for mining purposes, 22.
locator exclusive beneficial use and possession, 104.

something more than right to vein, 120.
property in lode or vein to locator, 128.
good faith and speculative locations, 181.
governed by act under which made, 693.

customs and miners' rules, 96.
Government holds superior title in trust for locator, 21.

may question validity after judgment, 451.
will not intervene to protect property acquired by, 123.

protect as against trespass, 123.
Government's right to protect surface against timber cutting, 1327.
granted by mining laws, 104.

MINING LOCATIONS OR CLAIMS-Continued.

grantee protected by State registration statute, 122.
grantee's right to follow vein same as locator, 160.
grant from Government, 26.

of privilege by Congress, 49.

surface and veins a unity, 119.

reverts to Government on abandonment, 113.
grounds for forfeiture, 255.
grubstake contracts for making, 55.
held by incomplete title, 187.

subject to right of way, 592,
holder of sheriff's certificate not a coowner, 272.
holding by work under miners' rules, 653.
horseshoe shape, 62.
improper use of, not permitted on reservation, 1168.

within forest reserve, 1168.
improved system of laws for making, 684.
improvements, 344.

and labor on one for group, 348.
not apportioned if noncontiguous, 352.

optional, 344.
on any part, 346.

one of group claims, 351,
outside of boundaries of, 348.

claim, 93.

required to show good faith, 162.
in abandoned reservation, 1160.
in accordance with miners' rules protected, 97.
in Alaska, 189, 874.
includes land and apex of vein, 50.

located prior to patent, 21.
surface and veins or lodes, 692.

ground and vein or lode, 21, 692.

the giving of notice, 50.
inclusive meaning within timber and stone act, 1316.
incomplete, gives qualified right, 113.

till boundaries marked and notice posted, 694.

without markings, 219.
Indian allotments not subject to, 1026.
in forest reservation, 116.
inheritable, 93, 188.
initiating rights, 22.
instances of claims not subject to relocation, 268.

insufficiency of notice of location, 203.
insufficient assessment work, 248.

markings on ground, 223.
sufficiency of notice of location, 202.

sufficient markings on ground, 221.
in State grants protected, 1274.
insufficient marking on ground, 223.

notice of location, 203.

proof of mineral character, 511.
intent of statute, 645.
interest indistinct from land, 93.

of coowner to be forfeited, 276.
intersected by prior location, 88.
intersecting veins, 705.
invalid as against tunnel location, 167, 168, 172.

by unreasonable excessive area, 91.
is boundaries not traceable, 217.

locations, 87.
invalidated by exclusion of discovery point, 70.
irregular, 59, 647.

as affecting extralateral rights, 144.

placer locations, 515.
irregularity will not vitiate, 90.
is acceptance of Government's offer to sell, 22.

MINING LOCATIONS OR CLAIMS-Continued.

is a title that locator may hold and defend, 121.
is more than easement, 22.
issuance of patent for, 402.
joint locators take only statutory size, 63.
judicial notice as to, 189.
junior location including abandoned discovery shaft, 88.

on dip superior to senior, 156, 157.

questioned by third locator, 464.
locator's right of way, 591.
urisdiction of courts, 34, 163.

on questions relating to, 163.
Federal courts, 34, 163, 281, 455, 461, 497, 592.
Land Department, 105.

Secretary of Agriculture within forest reservation, 1168
justification for removal of timber on, 1335.
justifying trespass, 160.
knowledge of, 560.

discovery essential, 1047.
labor and improvements by one coowner, 278.
Land Department may set aside, 297.
lands adjoining sold subject to extralateral rights, 136.

not subject to, 310.
to be patented must be covered by location, 320.
uninhabited not equivalent to vacant or unoccupied, 1173.

valuable for mineral only are subject to, 4.
laws relating to, extended to Alaska, 871.
laying lines upon senior location, 158.
lease, 123.
legal location operates as grant, 700.

title, 124.
length along vein, 35.
and width, 62, 695.

do not apply to placer claim, 95.

limited by statute, 695.
given by law in force at date of location, 62.
limited, 62.
of, 664.

on lode, 695.
vein between end lines can not exceed location, 61.

limited by end lines, 60.
on vein or lode, 139, 687.
liability to United States for cutting timber, 1349.
liens enforced after patent, 675.

on, protected, 675.
limitation as to size in Philippine Islands, 1067.

of actions to recover in Alaska, 908.
on dimensions, 647.
maximum length, 62.

width, 62.
limited to lines marked, 505.

single vein or lode, 648.
limits defined by exterior boundaries, 60.
lines of junior locator laid on senior, 157.

measure locator's rights, 647.
on existing claims, 87.

senior location, 85.
local regulations as to area, 696.

authorized, 692.

recognized, 692.
location after construction of improvements, 346.

and mining claim synonymous, 51, 179.
as a grant, 112.

term in placing mining claim, 50.
initial step to indicate surface acquired, 50.
authorized, 692.

MINING LOCATIONS OR CLAIMS-Continued.
location benefited by tunnel construction, 168.

by agent, 700.

alien validated by qualifying as citizen, 31.
certificate, 197.

as proof of time of taking possession, 874.
is the act by which possession is vested in locator, 50.
lengthwise of vein or lode, 138, 646.
line, 1056.
not made on placer claim, 523.
of lode claim within placer limit, 557.

tunnels, 165.

tunnel veins, 169, 174, 175.
on apex of vein, 54, 105, 138,

Black Hills protected, 957.
blanket vein, 106.
lands above high tide, 874.
patented placer claims, 573.
surface, 645.
unappropriated public land, 51.

vein or lode, 53, 693.
status, 104.
under one act and patent under later, 704.

original act and patent under later act, 666, 667.
who may make, 55.

within limits of prior location, 184.
locations combined constitute, 179.
locator acquires all veins or lodes apexing within surface lines, 693.

and title to survey, 443.
as owner before patent, 292.

assignee of the United States, 112.
bound by lines designated on surface, 233.

terms of patent, 667.
can not follow vein beyond end lines, 147.
confined to claim within the end line, 703.
entitled to all veins within planes of surface lines, 119.
exclusive enjoyment of surface, 115.

possession, 115.
fruits of labor, 141.
possession of surface, 703.

timber on surface, 703.
estate granted to, 112.
estopped by sale, 188.

to deny validity of relocation, 270.
makes so as to reach discovery vein, 57.
may adverse tunnel location, 174.

clear off timber for operation, 1325.
contract with mineral surveyor, 280.
hold by possession or by purchase, 188.
maintain suit to defend, 121.
protect timber growing thereon, 1346.
sell and assign after patent application, 329.

any part without prejudice, 124.
swing claim, 233.
transfer to assigns, 126.

heirs, 126.
must adopt actual discovery of another, 56.
comply with miners' rules and regulations, 122.

State and Federal statutes, 122.
have knowledge of former discoverer, 56.
not a trespasser, 112.

bound by mistake in record, 232.
required to be first discoverer, 56.

to purchase land, 112.
of irregular placer location not protected, 515,
prohibited from exporting timber cut, 1344.

MINING LOCATIONS OR CLAIMS-Continued.
locator protected, 701.

by stakes, 232.
while completing, 181.

making discovery, 109.

sinking shaft, 192.
restricted to surface lines, 322.
rights superior to tunnel owner, 113.
right to ores without purchasing land, 112.
superior rights, 113.

surface right as adjunct to lode claim, 113.
locator's authority to cut and remove timber, 1344.

exclusive right to vein, 111, 112.
possession extends to boundary lines, 115.
inconsistent with

vacancy,

1173.
possessory rights, 110.
qualified right, 113.
rights as against conflict area, 326.

intruder, 116.
reservations, 189.
town-site claimant, 1368.

tunnel owner, 167
determined by surface lines, 182, 696.
limited by end lines, 147.
on irregular location, 144.
restricted to location on vein, 326.
subject to town site, 517.
superior to town-site claimant, 22.
suspended by statute, 1011.
to convey in parcels, 94.

file additional certificate, 205.
patent, 189.

follow vein, 159.

within forest reservation, 115.

vested right in, 93.
locus accurately fixed, 340.
lode and placer claims, 94.
claim, location within placer limits, 95.

mineral paint rock as, 324.

placer deposits not acquired by, 95.
laws applied to placer claims, 509.

subject to location, 648.
loss of discovery point or shaft, 465.
made after entry and payment, 397.

and patented under separate statutes, 645.
by agent, 27, 56.

women, 27.
in accordance with law and local customs or miners' rules, 94.

accordance with State regulations, 190.
conformity with miners' rules, 96.

State regulations, 96.
names of bona fide locators, 56.

shore waters of Alaska, 871.
lengthwise of vein, 138.

under original act relocated under later act, 704.
making on Indian allotted lands, 1186.
mandatory provisions as to width, 60.

requirements, 178.
manner and method of making, 54.

of securing cash entry, 785.
marking boundaries essential, 181.

necessary if possession not actual, 206.
on ground necessary, 177, 181, 653, 694, 700.

not required by original act, 653.
required in Philippines, 1055.

so boundaries can be traced, necessary, 181.
56974°-Bull. 94, pt 2—15—451

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