Manual of American Mining Law as Practiced in the Western States and Territories: Embracing a Compilation of the Text of the United States Statutes, Land-office Regulations and Decisions, and the Local Statutes of California, Colorado, Nevada, Dakota, Washington, Wyoming, New Mexico, and Arizona

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F.H. Thomas & Company, 1882 - Mining law - 426 pages
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Contents

LAND OFFICE DECISIONS
47
27Provisions as to recording and herein of notice to subsequent purchasers
48
28What record to containDescription
50
29Annual labor
53
30Forfeiture
56
31Relocation of entire claim forfeited
57
32Relocation of claims forfeited to coowners
58
33Abandonment
60
34Surface rights acquired by location
61
35Right to side veins
62
36Right to dipApex
63
SECTION 63Nature and effect of patent
64
37SameVeins uniting on the dip 37aRight to cross veins
65
CHAPTER IV
67
40 Width of tunnel site
68
41Labor and improvements on tunnel location
69
42Abandonment CHAPTER V
70
WYOMING
76
EASEMENTSWATER RIGHTS
77
PLACER CLAIMS
85
91Location of claims
91
LAND OFFICE REGULATIONS
92
93Recording location
93
94Annual expenditure on old locations
94
95Annual expenditure on new locations
95
96SameTime for annual labor under act of January 22 1880
96
97Annual labor on placer claims
97
98Relocation
98
100Local laws rules and customs
100
101Abandonment
101
102PatentWhat is conveyed
102
103SameReservations
103
104SameFor what may be issued under mining laws
104
105SameApplication
105
106SameWhether as lode or placer claims
106
SECTION 75Mineral lands open to exploration occupation
107
108SameWhere application filed
108
109SameRequisites to application for 110SameFiling and posting diagram and notice
110
111SamePublication of notice
111
112SameSurveyPlatExtent of claims
112
113Instructions to deputy mineral surveyors where com missioner is exofficio surveyorgeneral
113
114Expenditure for patent
114
115_SameProofWitnessesAffidavits 116To whom patent will issueTo whom delivered
116
117Effect of erroneous issue of patent
117
118_Purchase money 119Hearings as to character of land
119
120SameBurden of proof 121Cross lodes 122Adverse claims
122
123SameFacts necessary to be shown
123
124SameTime within which should be filed
124
337 Annual labor
147
SECTION 125SameWhat filed with adverse claim 126Same AffidavitFees 127SameProceedings in court in support of 128SameEffect of waiver by a...
148
SECTION 185SameInspection of booksPenal provisions 186Assessment of stock
186
130Conflicts not considered as adverse claims
187
131Protests 132Appeals
188
133Easements 134Town sites
189
135Water rights 136 Mill sites
190
CHAPTER XIV
191
192Protection of stockholders in mining corporations
192
193Mining partnerships
193
194Conveyance of mining claims
194
195Sale of decedents interests in mines
195
150SameDrainage DitchesRight of wayDumps Tailings
208
151Tenancy in common
210
151aMining partnership
213
214District recordsTranscripts used as evidence
214
215Locations to conform to act of Congress
215
152Corporations
216
153Mining claimsReal estate
217
154Conveyance of mining claims
218
219 Width of lode claims
219
220Recording
220
155Mining contracts
221
156Miners liens
222
223Marking surface boundaries
223
224Substitute for discovery shaft
224
225Time for sinking discovery shaft
225
235Penal provisions Dispossession by force
235
236Homicide on forcible entry Aiders and abettors
236
237Drainage of contiguous mines
237
238Contribution by parties benefited
238
239Companies for drainage incorporated
239
240Forced contribution to drainage 241Inspection to determine cost of drainage 242When water from mines becomes common property
242
CHAPTER XV
243
244No drainage of undeveloped mines
244
245Evidence under this
245
246Location and recording of placers
246
247Annual laborForfeiture
247
175Jurisdiction 176Soldiers to hold claims 177Placer mines and mining
248
CALIFORNIA SECTION 178Possession and possessory actions 179Protection of growing crops from injury by miners
249
196Sale of state mineral lands 197Liens 198Taxation
250
180Jurisdiction of actions
251
181Customs usages and regulations
252
182Limitation of actions
253
183Foreign miners
254
184Mining corporations
255
199Easements Rights of way Ditches Drains
272
200Water rights
274
201Police regulationsProtection of miners
276
202Quicksilver 203Fixtures
277
COLORADO 20417 CH LXVI GEN LAWS MINES AND MINING CLAIMS 21833 PRESENT LAW OF LOCATION ETC LODE CLAIMS 2344...
278
251The answer 252 No abatement of damages on account of improve ments
279
253Injunctions
299
257Commissioner of mines
303
258Mining companies
304
259Costs in adverse suits
305
260Liens
306
261Limitations
309
262Ore 263Public lands
312
264School of mines
313
CONSTITUTIONAL PROVISIONS
314
267IrrigationWater rights IV DAKOTA _26885 Location and size of mining claimsRecording 2869cSurvey of disputed claimsLimitationsInjunction...
315
274Requisite of location
317
275Time discoverer has to perform labor 276Certificate construed to contain 277Claim not beyond exterior lines 278Claims subject to right of
318
279Owner may demand security from miner 280Filing amended certificate 281Work performed annually
319
282Affidavit of labor 283Relocating abandoned claims
320
284One certificate one location 285Fee for recording
321
286Disputed claimsSurvey of mineLimitations 287Injunctions
322
288Location and notice of claim 289Recording of claims 289aDestruction of noticeMisdemeanor 2896Rights of way and easements 289cWater rights
323
MONTANA
329
SECTION 306Taxation 307Taxation of borax mines 308Police regulationsInjuries to water companies propertySecurity of persons and animals
334
338Tenants in common on same lode
338
339Segregated claims
339
340Extensions
340
341Lateral surface ground
341
342Right of
342
343 Cross and intersecting veins
343
344Locations on distinct parts of same lode
344
Tunneling for blind lodes
345
Limitations upon rights acquired by tunnel discov
346
347Intersection of tunnel with prior location
347
348Tunnel for developmentRight of
348
349Ditch or water sites
349
350Record of water site
350
Time for completing ditch
351
NEW MEXICO SECTION 309Location of lode claims 310Record books to be provided 311Value of days laborEight hour law 312Validating prior l...
352
353Mill sites
353
OREGON SECTION 315Lode claimsLength and width 316Location of ClaimsRecordForfeiture 317Number of claims on one vein 318Annual labor ...
354
322ConveyancesLiens 323Mortgages on placer claims 324Recording fee 325AmendmentsLodesLocal lawsPlacer claims Water rights
355
Fees of recorderFurther duties
356
UTAH SECTION 326Location of lode claim 327Defacing notices or recordsDestroying monu ments 328Wrongfully taking or extracting ores
357
329Miners lien 330Records as evidence of notices rules
358
331County records 332Fees of recorders and their duties 333Records public XI WASHINGTON TERRITORY 334Water rightsRight of way for ditc...
359
SECTION 204Term Claims definedPrior rights preserved 205Right of way for water
360
361Penal provisionsDestroying notice
361
362Antedating notice
362
363Miners liens
363
364Expenditures Abandonment SaltingAssess ment of nonresidents
364
206Security of surface rights 207Record of tunnel claims 208Tunnel claims defined 209Crosslodes or lodes uniting
398
210Two crevices the same lode 211Flooding claims
399
SECTION 43Definition of placer 44Location of placer claims 45Survey
413
46Record
414

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Common terms and phrases

Popular passages

Page 15 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth...
Page 24 - ... possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same ; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 16 - On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been Issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year.
Page 19 - It shall be the duty of the adverse claimant, within thirty days after filing his claim to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 157 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits...
Page 4 - ... local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Page 22 - ... in such district, and fix the rates to be charged by such paper ; and, to the end that the Commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the General Land Office.
Page 129 - Where nonmineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes...
Page 283 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes...
Page 16 - ... but where such claims are held in common, such expenditure may be made upon any one claim, and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation, in the same manner as if no location of the same had ever been made...

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