Sidebilder
PDF
ePub

MINING LOCATIONS OR CLAIMS—Continued.
proof of mineral character of land in patent proceedings, 313.

ownership of apex essential to extralateral rights, 137.
performance of annual labor in adverse proceedings, 466.
raises presumption of mineral land, 313.

timber upon, as evidence of good faith, 1173.
to entitle locator to recover possession, 125.
establish forfeiture of coowner's interest, 276.

on stone land, 1316.
sufficient to exclude from town-site entry, 1381.

maintain possession, 93.
property rights as extralateral, 113.

intralimital, 113.
protected against statute of limitations, 873.

from school grant to Nevada, 1272.
in Nevada, 1274.

State grants, 1274.

on ceded Indian lands, 963.
protection of, on forest reservations, 1168.
protect title against intruder, 120.
protest, 385.
provisions as to width, 696.

for acquiring title to, in Alaska, 873.

locating, working, holding, and purchasing, 35.
parallelism of lines directory, 696.

recording in Alaska nullify miners' rules, 899.
public mineral lands acquired by, 9.
purchase not required, 127.

unnecessary, 188.
purpose of, 57.

provision for possession, 547.

record, 209.
qualification of locator, 26, 55, 644.
qualified ownership acquired by, 9.
quantity of land fit for mining permitted, 535.
question of discovery in adverse proceedings, 465.
quieting title as against extralateral rights, 136.

town-site claimant, 1373.

to, in Alaska, 831.
railroad subject to right to make, 1117.
reasonable time for completion may depend on circumstances, 181.

establishing boundaries, 181.
reason for giving time for completion, 181.
record and description, 700.

as notice of, 183.
evidence not disregarded as to, 646.
of, 177, 701, 1056.
as knowledge of vein or lode, 562.

notice, 846.
declaratory statement in Alaska, 884.
in district where located, 899.

notice of, in Alaska, 884.
recording, 177.

affidavit of annual labor in Alaska, 884.
as required by miners' custom, 193, 191.

notices of, in Alaska, 900.
recovery of possession in Alaska, 908.
regulation by State statute, 723.

of, before patent, 292.

sui face by mining statutes, 60.
relates back to date of discovery, 181.
relation of coowners, 272.
relative rights of lode and placer claimants, 94.

senior and j'inior locator, 157.
relief against patent, 162.
relocation, 58, 263, 704.

after cancellation of entry, 268.

MINING LOCATIONS OR CLAIMS—Continued.
relocation by agent or trustee, 271.

one coowner, 301.
notice, 705.
not permitted after entry and patent, 268.
of, void, 263.
on failure to perform statutory requirements, 266.

under later act not permitted, 618.
remedy of Government as against claimant in forest reservation, 1168.
repayment of excessive deposit for platting, 1234.

on proof of honest mistake, 1233.
representation work as muniment of title, 698.
required to be made on public domain, 51.
reservations to surface rights in patent, 1375.
reservoir site not locatable on, 1189.

subject to, 1228.
residents of one State may make, in another, 27.
resumption of work on, before forfeiture, 251.

prevents relocation, 266, 267.
reverts to public domain on abandonment, 495.
right of exclusive possession, 92, 1168.
junior locator on abandonment of part by senior, 262.

forfeiture of senior location, 257.
to enter on surface of prior location, 159.
follow vein into senior location, 132.

underground, 159.
locator as against grant to Utah, 1295.

prior town-site patent, 1364.
State grant, 1288.

town-site occupants, 1378.
on town site, 1378.
to cut trees in way of mining process, 1342.

follow course of vein, 148.

secondary veins, 149.
miner to use timber, 1312.
original locator to change lines, 82.
possession and use of surface within town site, 1360.

before discovery, 57.

superior to town-site patent, 118.
subsequent locator to contest, 57.

way over, protected, 659.
to change surface lines, 182.

enjoyment of surface, 700.
final patent, 124.
follow vein into junior location, 140.
locate on Indian lands, 968.
maintain and defend location, 186.

possession, 121.
make, limited to citizens, 55

on Mexican grant, 1092.
mine ore as an entire thing, 126.

not divisable, 126.
open and explore for minerals as integral part, 22.
patent determined by board of equitable adjudication, 854.

on payment of price, 313.

working, for statutory period, 553.
possession as against United States, 462.

presupposes a grant, 704.
protected against statute limitations, 873.

purchase given, 653.
rights acquired by forfeiture of coowner's interest, 277.

prior to 1872 protected, 629.

under prior acts protected, 686,687.
affected by change of boundaries, 224.
as to intersecting veins, 705.
conferred by patent for lode and placer claim, 154.
dependent upon subsequent developments, 59.

MINING LOCATIONS OR CLAIMS—Continued.
rights in case of conflict with prior preemption claim, 326.
initiated, 22,

by peaceable entry on prior location, 23.
limited to those existing under previous laws, 688.

vein below surface, 646,647.
measured by length of apex, 106.
not abridged by failure to obtain patent, 654.

affected by subsequent conflicting location, 121.
initiated by trespass, 109.

lost by inclusion in reservation, 127.
of assigns of locator, 126.

heirs of locators, 126.
junior and senior locator in patent proceedings, 310.
locator, 56, 180.

and relocator, 270.
as against extralateral rights of another, 134.
determined by existing statute, 684.

not affected by subsequent location, 57.
lode and placer claimants, 554.
mill-site locator, 595.
relocator, 270.
senior and junior locator on relocation, 270.

locator, 155, 156.
subsequent locator, 57, 183.
on intersecting of lodes, 430.

valid 'ocation, 110.
protected by mining statutes, 118.
restricted to veins and lodes on public domain, 51.
subject to miners' rules and customs, 643.
superior to town-site patent, 118.
to, defined by law, 121.

waived by accepting patent under amended act, 667.
rock in place, 650.
rules of law applicable, 94.
saleable, 93.
sale and transfer, 124.
by administrator, 126.

locator, 56.
of adjoining lands subject to, 654.
on execution, 93, 123.
statute of frauds, 124.

to separate persons, 124.
saline locateable as, 1295.
saloon upon, within forest reserve, 1169.
sand rock as rock in place, 96.
segregated land located, 111.
segregation by patent, 505.
senior location entitled to vein, 155.

on dip prevails over junior on apex, 156.
takes vein partly in a junior location, 153.

void, 90.
locator's extralateral rights as against junior locator, 156.
separate and adjoining claims, 60.
servitude imposed on senior location, 591.
side lines, 81.

irregular, 55.

not parallel with course of vein, 151.
single grant of surface and vein, 119, 646.
location by two discoveries, 56.

only permitted, 785.
vein as basis of location, 54.
size determined by custom, 194.

or prominence of vein immaterial, 54.

permitted by miners' rules, 232.
sold and conveyed by deed as real estate, 124.
speculative location determined by facts, 181.

MINING LOCATIONS OR CLAIMS-Continued.
State control, 723.
regulations, 26, 96, 162.

as to area, 642.
extent of, 162.

validity, 162.
statutes as to recording, 192.

giving time to complete, 191.

regulating, 641.
statute determines right of locator, 110.

gives remedy against delinquent coowner, 273.
liberally construed to prevent forfeiture, 254.
of frauds, 124.

limitations, 125, 873.

recognizes possession within town site, 1357.
statutes construed to protect, 36.

fix point for measurement, 63.
statutory grant, 26.

width reduced by local regulations, 63.
status of, within jurisdiction of Land Department, 104.
steps to be taken in making, 180.
stranger may enter to relocate, 266.
subject to extralateral rights of others, 136.

grant to Denver & Rio Grande Railroad Co., 1144.
local customs or rules of miners, 94.
miners' rules, 177.
relocation when assessment work not performed, 265.
right of way of railroad, 1189.
roadway easement on shore, 864.
sale on execution, 188.
station rights with in railroad grant, 1144.
stone location after abandonment, 1317.

water rights, 676.
subsurface vein as basis of location, 107.
sufficiency and value of discovery, 67, 314.

of improvements, 345.

marking on ground, 220, 221, 222.

notice of location, 202.
superior to subsequent right of way of tunnel, 171.

town-lot title, 1300,
surface along vein or lode limited, 59.

and subsurface ownership, 103.

veins granted, 702.
area fixes locators' rights, 693.
boundary lines, 696.
dimensions regulated, 60.
given to reach vein, 57.
ground and vein included, 21.

as incident to vein or lode, 51, 305.
claimed in connection with lode, 51.
in case of conflict, 60.

with vein or lode, 693.
in connection with vein, 646.
lines, 81.

reduced to include legal area, 322.

upon senior location, 85.
location a condition to patent, 308.

as measure of right to veins, 693.
determines boundary planes, 109.
not permitted with in town site, 1379.

required of veins discovered in tunnel, 174
not subject to use by others, 22.
ownership, 119.

as controlling subsurface rights, 140.
permitted under local laws and customs, 664.
possession, extent and purpose, 116.

extent of, 120.

MINING LOCATIONS OR CLAIMS-Continued.
surface possession priority of right, 120.

protection, 120.
right as against intruder, 116.

to defend, 121.

maintain, 121.
right as adjunct to lode claim, 113.
rights not affected by easement through intersecting point, 592.

reserved for town-site claimant, 22.
with vein or lode, 694.
survey, 337. See title, Survey.

and description, 340, 701.
effect and sufficiency, 338.
for patent, 343.
if not on surveyed lands, 504,
lines laid on patented lands, 343.
must connect with mineral monuments, 340.
of, connected with public survey, 504.

lode claim, 504.

need not conform to public survey, 504.
surveyor's certificate evidence of improvement, 354.
survival of action for recovery of mining claim, 909.
swinging claims, 233.
synonomous with mining claim, 179.
taxable, 93.
taxation, 97.
term applied to land appropriated, 50.
terminates where vein enters placer location, 154.
test of validity, 57.
ties to natural objects or permanent monuments, 227.
timber cutting as trespass, 1346.
time for annual labor extended, 281, 282, 722.

bringing suit to annul patent for, 1228.
commencement of annual labor in Philippines, 1958.
completion of location, 181.
making and payment on ceded Shonshone Reservation, 982.

annual assessment work, 281, 884.
work on, extended, 722.
making application for, 785.

development work extended, 282.
improvements, 284.
on ceded lands after proclamation, 980.

Indian allotted lands, 1186.

payment, 785.
given locator for completion, 181.

of filing notice of, in Alaska, 884.
title acquired by conveyance of coowner,

278.
forfeiture of coowner's interest, 277.
one coowner held in trust, 278.

possession, 120, 125.
begins with location notice, 649.
can not antedate mining location notice, 619.
limited and absolute, 116.
merged in patent and dower right cut off, 108
not acquired by clandestine entry, 23.

trespass, 23.
of locator, 26.
perfected by patent, 404.
permitted, 692.
protected against intruders, 120.
to, 790.

as statutory grant, 26.
depends on discovery, 64.
in Alaska, 874.

not acquired by town-site entry, 1378.
not acquired under town-site law, 1363.
operates by relation, 398.

« ForrigeFortsett »