PRIORITY - continued. of location, 215-218, 236, 238, 239, 241, 318-330, 331-338, 443, 444, 449, of possession, 319-330, 331-338, 550, 557, 559. PRIVATE, entry of coal lands, 548, 551, 557, 558. property, government has no right in, 198. PRIVILEGES, 54. See RIGHTS OF MINE OWNERS. PROOFS. See AFFIDAVITS. in Land Office, how made, 370. in action on adverse claim, 205, 206, 385, 386, 389, 391, 393-400. final, 553, 558, 500. of citizenship, 202, 204, 205, 207, 208. of performance of annual work, 267, 271, 274, 277, 278, 358, 361-363. final, 268-270. PROPERTY, in mines of precious metals, 178, 179. in minerals in bed of navigable streams, 179–183. in lands taken in eminent domain, 186, 187. of licensee, 67–74. of owner of incorporeal right, 53-66. of sovereign and its grantees, 178-196. of tenants for years, 51-53. severed from mining claim, 319. under highways, 183-187. where there has been no severance of estate, 3-34. a severance of estates, 35-88. in oil and gas, 74-83. PROPS, duty to supply, 784, 786-791. PROSPECTING AGREEMENT, 75, 77, 171-173, 209-212, 299, 310. See MINING PARTNERSHIP. PROSPECTING PARTNERS, 292. PROTECTION, in oil and gas leases, 79, 82, 123–126, 692, 702, 728, 733, 734. of miners. See HEALTH AND SAFETY OF MINERS. PROTEST AGAINST ISSUE OF PATENT, 388, 403, 404, 409, 410, 412-414. minerals on, 194 seq. presumption that lands are, 198. PUBLICATION OF NOTICE OF APPLICATION, 358, 363-370. PUBLISHER'S CONTRACT, 358, 363. PUMPING MINES. See DRAINAGE. no limit of amount of mining ground that may be acquired by, 261, 288. PURCHASE MONEY. See PRICE. payment to government of, 368–370. effect of, 265, 267, 271, 278, 279, 315, 417, 423–426, 430. when rent is, 117-122. PURCHASER AT SHERIFF'S SALE, right of, 137, 140. QUALIFICATIONS, of applicant for patent, 348. of locator of mining claim, 202–213. QUARRY. See STONE. QUARTZ, lxxxii. QUIET ENJOYMENT, covenant for, 146, 147. RAILROAD, grants, 532-540. mine owner cannot give right of way over surface to, 584. right of way to mine cannot be used for, 584, 587, 591. under, 586. right to excavate minerals on right of way of, 186, 187. support of, 187, 190-192, 677. to mines, 591-598. when entitled to notice of mineral application, 376. RATIFICATION OF LOCATION BY AGENT OR PARTNER, 209-212. REAL ESTATE, ditch is, 663. mines are, 747-750. mineral estate is, 35-50. minerals in place are, 3, 4, 6, 568. mining claim is, 318-329, 331-333, 338-346. water rights are, RECEIVER, 667-669. pending litigation, 30, 731, 737–739. pending dispute as to forfeiture, 156. RECEIVER'S FINAL RECEIPT. See ENTRY. RECORD BOOKS OF MINING DISTRICT, 290, 291. RECORD OF CERTIFICATE OF ABANDONMENT, 295 n. RECORD OF LOCATION CERTIFICATE, 239-254. amendment of, 251-253, 300, 311. contents of, 242-250. is evidence of what, 239, 241, 242, 248, 333. mistakes in, 251, 253. nature and necessity of, 239–242, 249. place of, 245, 248, 251. relocation distinguished from amended, 307, 309. rules and regulations as to, 239, 240, 282, 284, 287, 291, 293, 294. time of, 223, 254. verification of, 250, 251. void if irregular or defective, 244, 250, 252. RECORDS OF LAND OFFICE, 415, 418, 420, 431. RE-ENTRY, 149-154, 159, 165, 168. REFORMATION OF LEASE, 162. REFUSE, deposit of, 607–613. by mine owner on surface, 582, 583. by tenant in common, 19, 20. custom as to, 285. injunction to restrain, 726. not subject to rules and regulations, 285. pollution of streams by, 613-629. property in, 134, 135, 607–613. REGALIAN RIGHTS, 178, 179. REGISTER'S CERTIFICATE. See ENTRY. REGULATIONS OF DEPARTMENT OF INTERIOR AS TO TIMBER, RELATION OF PATENT AS TO TIME, 417, 418, 421-423, 425, 426, RELEASE OF OBLIGATION OF SURFACE SUPPORT, 676, 679– RELOCATION, 306–316. See LOCATION. by original locator, 296, 300, 301, 303, 304, 307, 309, 310, 313–315. defeated by resumption of annual work. 264, 268–279, 307–314. expenditures on original location not to be credited to, 349, 350. of abandoned claim, 198, 199, 295, 297, 299, 306–316. of forteited claim, 199, 264, 268, 269, 271, 273, 275-279, 301–304. what is open to, 264, 268, 269, 271, 273, 275-279, 295, 297, 299, 301, 304, 306-316. REMAINDER-MAN, may maintain trespass, 9. right to account of, 12. right to injunction, 34. right to rent of mine, 118, 120, 121. REMOVAL OF MINERALS. See WORKING RIGHTS. RENT, 117-122. account for, 118. distress for, 118, 120. effect of abandonment on liability for, 170, 173. effect of assigument on liability for, 118, 137–140. effect of non-existence, exhaustion or unmerchantability of minerals on, effect of, on duty to mine, 100–103. eviction relieves lessee from liability for, 146, 147. forfeiture for non-payment of, 122, 147, 149, 151, 155, 157–159, 161–170. liability for, irrespective of product, 89, 90, 108, 110. liability for minimum, 99, 100, 122. liability of assignee of lease for, 137–140. liability of grantee of incorporeal right for, 54, 63. liability of licensee for, 71. may be purchase money, 36, 38, 48, 117-122. minimum, induces diligence, 105. of land with oil and gas privileges, 75, 78. payment of, not performance of covenant to mine, 110. not defence for negligence in mining, 100. preference of, 117, 121. recovery of, a bar to action for breach of duty to mine, 100, 105. remedies for, 118. affected by failure to drain in Missouri, 632. when corpus of estate, 118, 120, 121. when income. 8-10, 12-15, 117. REPLEVIN, 66, 689, 701, 704. REPRESENTATION. RESCISSION, of lease, 175, 176. of sale, 705-716. See ANNUAL WORK. RESERVATION. See EXCEPTION. of minerals in conveyance of land, 83-87. of minerals in government grants, 194–196, 511–547. of oil and gas, 78, 79. in patent, 371-374, 422. RESUMPTION OF ANNUAL WORK, defeat of forfeiture by, 264, 268, 269, 271-279, 302, 307-309, 311, 312, 314. of amount of minerals mined on royalty, 118, 121, 122. REVOCATION OF LICENSE, 68-74, 80, 81. RIGHT OF POSSESSION. See PoSSESSION OF MINING CLAIM. RIGHT OF WAY, 584-598. See HIGHWAY; Railroad. for conducting refuse from mines, 608, 610. for ditches, 659-665. conveyance of, 667-669. for drainage, €32. RIGHT OF WAY-continued. for outlet required by health and safety statutes, 592. given by statute, 591–598. incident to grant or reservation, or expressed therein, 584-591. of railroad grant, 533, 535, 536, 538, 539. mining under, 727. of junior locator through space of intersection of cross veins, 473, 475, 476. through mining claims for streets, 514, 522. to other mines, subterranean, 47, 145, 584-590. RIGHTS OF MINE OWNERS, 88-135, 576-636. as against overlying railroad, 187-193. RIPARIAN RIGHTS, 637, 639, 642, 643, 653, 658. See POLLUTION OF STREAMS. RIVERS. See POLLUTION OF STREAMS. minerals in bed of navigable, 179-183. ROCK FOLDING AND FAULTING, lix. ROCKS, eruptive, lvi. sedimentary, lii. ROYAL MINES, 178, 179. ROYALTY. See RENT. returns, 118, 121, 122. RULES AND REGULATIONS OF MINERS, 280–294. as to annual work, 263, 267, 272, 274, 276, 278, 281, 282, 286, 290–292. as to marking location, 282, 290. as to posting notice, 234–239. as to record of certificate, 239, 240, 282, 284, 287, 291, 293, 294. as to size of claims, 255-257, 282, 285, 286. 288, 289, 291, 293, 294. as to water rights, 639, 642, 643, 645, 654, 658, 659. forfeiture for non-compliance with, 287, 291, 293, 300-305. origin of, 195. when superseded by acts of Congress, 233. SAFETY, catches, 781, 787. of miners. See HEALTH AND SAFETY OF MINERS. fraud in contract of, 705–716. of minerals by lease, 36, 39, 40, 44-46, 48. SALT, lxxix, 537, 566. springs. See SALINE LANDS. |