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MINING STATUTES-Continued.
grant veins to tunnel locator, 165.

with extralateral rights, 140.
water rights, 610.
owner right to follow vein on its dip, 140.
right of location on public mineral land, 184.

possession without title, 184.
to follow vein into placer claim, 154,

heirs to inherit, 126.
title to surface and vein, 119

to locator right to surface and right to purchase, 21.
granting force of section 2322, 104.
guano act constitutional, 858.
harmonize with town-site law as to surface rights, 1360.
harmony of provisions as to intersecting veins, 586.
hearing to determine compliance with, 294.
impose no conditions as to extent of ore, 74.

value of discovery, 74.
improved system, 684.
include black iron, 80.

calcium phosphate, 80.

cinnabar, 80.
incorporated in revised statutes, 684.
Indian lands not disposed of under, after cession, 964,

reservation not subject to, 968.
Instances of valid State regulations, 191.
intended to insure extraction of mineral deposits, 1329.
intent as to form and extent of end lines, 147.

position of vein, 59.
intention of requirement for marking location, 216.
jurisdiction of actions on adverse claims not created by, 453.
lands entered under in Alaska not included in restriction, 1378,
laws in force referred to by subsequent enactment, 1152.
legislation in reference to adverse claims, 430.
legislative sanction to customs and laws, 642.
liberal construction as to labor or improvement requirement, 241.

by courts, 638.

in description of mining claim, 229.
liberally construed, 684.
lien holders protected by, 550.
limit extralateral rights of vein between end lines, 146.
limitation on existing rights, 688.
limiting extent of lode claims, 647.
local rules must not decrease minimum annual labor, 239.
location and sale of all lands governed by, 1013.
locations crosswise of veins not permitted, 138.

under original act and patent under later act, 667,
locator given exclusive right of possession of surface, 644.
locator's rights under, subject to extralateral rights, 136.
make abandoned ground revert to United States, 262.

end of location bounded by vertical planes, 141.
recording mining locations subject to State laws, 191.
mandatory as to affidavit and posting of notice, 582.

width of claim on each side of vein, 60, 63.

requirements, 178.
marking on ground, 213.
metalliserous deposits included, 80.
method of making annual expenditures, 243.

marking location not stated, 220.

obtaining title provided, 647.
mineral deposits opened by, 685.

lands acquired under, 104.
disposed of under, 12.

though possessing other advantages, 1328.
open to exploration and purchase, 692.

reserved from sale, 638.
monuments required, 231.
56974°- Bull. 94, pt 2—15-

-52

MINING STATUTES-Continued.

minerals appropriated prior to, 635.
miners' regulations in conflict not permitted, 901.

recognized and sanctioned, 613.
rights protected, 636.

recognized, 636.
rules and regulations permitted, 192.
mining locations made in compliance with, 36.

of Government lands authorized by, 635.

rights determined by, 139.
modification of common-law rule as to extralateral rights, 103.

requirement as to location on surveyed lands, 541.
nature and effect as preemption laws, 638.

as to mineral lands, 638.
new era in history of mining enterprise, 639.

jurisdiction not conferred, 669.
method of disposal of mineral lands, 637.
requirements not to defeat vested rights, 103.
rights not created by, 636.

system, 642.
no amount of annual labor fixed by original act, 653.

conflict in provisions, 112.
construction where location is irregular, 110.
interference with miners' rules, 190.

State laws, 190.
provision as to method of proof of notice, 370.

for disposal of stone lands, 1313.

patent for water rights, 621.
repugnance as to ownership of intersecting veins, 132.
nonmetalliferous minerals included, 80, 723.
not construed to defeat location because of error in description, 220.

drawn by geologists, 36.
enacted in the interest of science, 36.
intended to deprive locators of existing rights, 102.

operative within Indian reservation, 998.
notice of location not required to be posted, 197.

recorded, 197.
objects, 36.

in granting water rights, 656.
to dispose of mineral lands for money value, 639.

protect locator in exclusive possession, 112.
occupancy of mineral lands made subject to local laws, 640.
offer to sell public mineral lands, 22.
onyx as mineral, 81.
organization of mining districts permitted, 193.
orginal act continued in force, 685.

fixed no amount of work for holding claim, 653.

repealed as to manner of locating claim, 646.
origin of extralateral rights, 134.
paramount to customs, local laws, and rules, 642.
patent includes all rights granted by, 161.
performance of annual labor as evidence of good faith, 235.
permit miners' rules to increase expenditures, 194.

person to dig and take ore in public lands, 36.
State regulations not in conflict with, 163, 190.
States to fix reasonable time for marking, 218.

subsurface entry into mining location, 103.
placer laws amended as to known lodes, 673.

perpetuated, 673.
policy changed, 639.

in harmony with local customs and law, 639.
of Government to reserve salines, 1206.

reserving mineral lands change, 639.
possession of mineral lands authorized by, 36.
possessory rights secured by patent, 644.
posting notice on claim not required, 197.
power of Congress to impose conditions, 178.

MINING STATUTES-Continued.

power over nonnavigable streams superior to State iaws, 61%.
prescribe minimum amount of annual labor, 237.

terms for purchase or possession of claim, 188.
preserved to locator vested rights, 118.
presumption as to compliance with, 313.
prior acts continued in force by, 685.
procedure for obtaining patent, 311.
proclamation to extend to Colville Reservation, 969.
proof of compliance on application for patent, 303.
protect interests of adverse claimants, 715.

locations made in accordance with miners' rules, 97.
possessory rights if valid under miners' rules, 644.
prior locations, 118.
rights or interest in mining property, 184.

title of relocator, 271.
protection of relocation provisions, 270.

water rights acquired under local customs, 617.
provide for acquisition of mill site, 494.

adverse claim, 441.
disposal of mineral lands, 291.

veins and placer deposits, 13.
exclusive right of possession, 185.
issuance of patent, 401.
judicial proceedings to settle contests, 430.
location, entry, and purchase of mining claim, 36.

of vein with surface ground, 104.
procedure on adverse claims, 441.
sale of lands for mill sites, 593.
settlement of adverse claims, 373.

suit on adverse claim, 448.
methods for obtaining legal title, 189.

of asserting rights, 184.
no place for record of notice, 213.

uniform period for beginning assessment work, 284.
provisions as to annual labor mandatory, 234.

contents when record is required, 211.
end lines, 650, 651.
labor and improvements mandatory, 344.
location notice left to local laws, 197.
marking location apply to placer claims, 215, 216.

can not be disregarded, 215.
mineral monuments, 231.
notice of location, 196, 358.
performance of annual labor not retrospective, 240.
placer mandatory, 507.

reference to monuments, 227.
do not extend to mineral, salines, or school lands, 1207.
for acquiring title, 638.

commencing suit mandatory, 449.
coowner acquiring title of others, 272.
cross or intersecting vein, 588.
defending rights, 437.
disposal of mineral lands, 685, 1080.
extinguishing interest of coowner, 274.
locating placer claims on unsurveyed lands, 544.

working, and holding mining claim, 654.
marking boundaries mandatory, 215.

unaffected by other provisions, 178.
placer and lode claims within same boundary, 556.
recorders in mining district, 210.

settling adverse claims, 431.
not modified by courts, 25.
requiring discovery are mandatory, 64.

to prevent fraud, 64.
title to mineral lands, 638.
similar to Spanish and Mexican surveys, 849.

234.

MINING STATUTES–Continued.

publication authorized against delinquent coowner, 275.
public policy to encourage mining, 102.
purpose, 102, 672.

as to placer claim, 556.
of placer claim statute, 706.
requiring annual labor, 2

boundaries to be marked, 213.
coowner to contribute, 274.
marking of location, 216.

reference to natural objects, 213.
tu encourage mining, 102.

grant surface and apex, 112.
have conflicting claims adjusted, 430.
limit dimensions of location, 60.
permit locator to secure vein, 147.
prevent occupation of lands not mineral, 64.
reward discoverer of mineral, 64.

secure definite descriptions of mining claim, 226.
qualifications of locators fixed by, 665.
recognize force of miners' rules, 162.

lands as agricultural and mineral, 625.
possessory rights, 113.

State authority in regulating mining locations, 163.
recognition of right to explore for minerals, 640.
record of claim not authorized by, 195.

location not required, 208.

placer claim not required, 515.
records and recorders not required by, 210.
reference to statutes in force at time of act, 1152.
regulate form of judgment in adverse suit, 497.
regulations as to ends of location, 141.

locating, recording, and marking boundaries, 179.
relation to placer locations, 671.
relinquishment of royalties on minerals, 637.
relocation not permitted when assessment work is suspended, 287.
remedy against delinquent coowner, 273.
repealing effect, 687.
repeal not to affect existing rights, 685.
requtre claimant to settle controversies in court, 433.

end lines to be parallel, 149.
requirements as to amount of labor or improvements, 236.

contents of recorded notice, 210, 211, 214.
marking location on ground, 214.
proof of annual labor, 252.

reference to natural object or permanent monument, 230.
requiring expenditures as evidence of good faith, 344.
reservation of mineral lands, 638.
retroactive effect not given, 687.
revision of prior acts, 685.
right of exclusive possession and enjoyment given, 702.

to explore given, 640.

purchase mining claim given, 653.
rights limited, 688.

of Alabama not limited by, 1249.
miners protected, 636.

recognized, 636.
on substantial compliance with, 854.

protected, 686.
rock salt locatable under, 1214.
rules for recognizing local mining rights, 635.
sale of restored Indian lands under, 975, 976.
satisfied with sufficiency of discovery, 75.
scope of section 2328, 506.
sections construed together, 178, 610.

of original act repealed, 687.

MINING STATUTES—Continued.

similarity to miners' customs, 618.
special acts construed with general mining sections, 834.
specific provisions for disposal of mineral lands control general, 998.
State may pass acts supplementing, 191.

regulations not in conflict with, 191.
rules for work in mines permitted, 608.

statutes as supplemental, 96.
supplemental to local laws and rules, 178.
system and basis, 1.

for disposal of mineral lands, 637, 640.
title granted not affected by other provisions, 112.
treat of veins and lodes having apexes within surface lines, 127.
tunnel act, construction of particular terms, 165.
grant of veins and lodes, 169.

as against surface location, 170.

on line of tunnel, 170.
intended to encourage mining, 165.
no right of way granted through surface location, 171.
rights granted by, 167.

discoverer of vein in 169.
veln and lode used according to miners' meaning, 649.

located by defining surface, 214.
verification of declaratory statement not required, 197.
water rights acquired under miners' rules not enlarged by, 657.

granted by, 656.

recognized and protected, 616.
word forfeiture not used in, 254.
MINING TITLE.

See also Mining locations, Possesory title, Title.
action for or for damages to, 831.
paramount title of United States, 1089.
possessory action for, 1089.

recovery of, 1089.
MINNESOTA.

application of mineral laws, 630.
grant of salt springs limited to twelve, 1266.
lands containing coal and iron subject to sale, 1093.
mineral lands excepted from grant to, 1093.

navigation grant, 1278.
purchase of coal lands, 1093.

iron lands, 1093.
salines granted to, 1266.
salt springs excepted from grant to, 1266.

excluded from grant where private rights are vested, 1266.

granted to, 1266.
MISSION INDIAN COMMISSION.

authority to make selections of land, 966.

mineral lands not subject to selection by, 966.
MISSISSIPPI.

mineral lands excepted in homestead act, 1090.
MISSOURI.
disposal of lead mines in, 1040.

salt springs in, 1040.
lead mines reserved in, 1041.
mineral deposits in, excepted from mining statutes, 723.

lands excepted from railroad grant, 1140.
railroad grant to, 1140.
salines granted to, 1251, 1252.
salt springs excluded where private rights are vested, 1251.

granted to, 1251, 1252.

limited, 1252.
State grant saves salt springs claimed under French treaty, 1251.
MONOPOLY.

See also Coal lands, Combination, Conspiracy.
coal lands in Alaska not permitted, 888, 892.

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