Claims, etc.), so as to present them in an orderly manner, and at the same time render the book convenient in refer ence. As regards Forms of proof, it may be stated that they generally prove of great benefit, not only in the saving of time to the person preparing the papers, but to the land office in the examination of the same. Nevertheless it is well to suggest the caution that the prepared forms are not proper in all cases. Particularly is this true of the blank used for application for patent. This paper should always be prepared with great care. Persons desirous of obtaining information regarding Mexican mining laws, from which many of the local laws and customs in the mining districts in the United States have grown, are referred to “Halleck's Collection of Mining Laws of Spain and Mexico," printed in 1859 by O'Meara & Painter, 132 Clay street, San Francisco. The compiler of these decisions acknowledges himself under obligation to Messrs. W. C. Hill and E. C. Ford, attorneys at law; C. A. Boynton, of the General Land Office, and R. S. Morrison, of the Colorado Bar, for valuable assistance and suggestions. Mr. Morrison's Mr. Morrison's “Mining Digest” is a very valuable production; and to the mining lawyer who practices before the courts it is especially recommended. TABLE OF CONTENTS. PAGE Surface Shape - Middle of vein, how ascertained--Two or more locations in extension on same lode-- Locations made on Sunday-Must con- form to State law governing locations-Width of lode--Secondary evidence of location, when received-Locators bound by record- Person not allowed to enter location of another to discover lode- Record of location to conform to location on the ground-Location appropriates ground--Abandonment of location-Relocations--For- feiture of co-claimant-Identity of claim-- Act of 1866-Acts of An appropriation of the premises- Publication of notice of application for patent --Not restricted to one claim-One joint owner may make application-Acts of attorney in legitimate prosecution of case- Abandonment of surface contlict-Application for patent when all persons claiming an interest are not qualified, as to citizenship, to receive title-Several separate lode claims not to be included in one application for patent-Construction of section 2324 R. S.--Lode and placer claims-Nunc pro tunc proceedings-Proof of citizenship under Act of January 22, 1880- Montana, width of location allowed --Act of 1866--Diagram and notice-Claim in two land districts- Aliens-Judgment of court on question of abandonment–Supervi- sory authority of the Commissioner of the General Land Office -- of Surveyor-general-Second survey of same mining claim-When survey represents mere surface conflict-Claimant entitled to a sur- vey of his location-Until introduced as evidence, survey not sub- ject to objection-Survey to show conflict with all prior surveys- Surveyor-general to be satisfied that five hundred dollars' worth of improvements have been made-Effect of survey as an appropriation of premises-- Effect of approval of survey by Surveyor-general-Es- tablishment of mineral monuments-Discovery shaft, for executive purposes, the middle of vein-Lateral measurements—Survey in form of triangle-Field notes of survey filed without deposit for office work-Deputy surveyor not authorized to make survey out of district for which appointed-Courses and distances yield to fixed objects--Decisions of courts—Act of 1866--Instructions to Deputy Surveyors in States where Commissioner of the General Land Office is ex officio Surveyor-general— What exclusions are to be made on Application for patent need not be sworn to–Applicant and adverse claimant bound by published notice-Location notices not held to strict accuracy-Action upon judgment roll-Register to publish notice—Survey to substantially follow application-Interested par- ties may call attention to record-Office of protest-Basis of patent- What patent conveys-No suspension of proceeding on second suit, commenced after thirty days from notice-Adverse claim by party without interest-Adverse claim where same vein or lode is not claimed- Act of 1872–Survey of adverse claim--Settlement of con- troversy, as to possession, in court-Abandonment of claim alleged after publication of notice but before payment and entry-Survey by a Deputy Mineral Surveyor-Adverse claim when supported by affidavit only-Effect of confession of judgment, etc.- What may form basis of adverse claim-Amendment of adverse claim-Ad- verse claim, by stipulation, filed after expiration of publication of notice-Effect of judgment rendered on a suit commenced thirteen months after publication of notice— Withdrawal and retiling of ad. verse claim-Proof of publication-Incorporated company-Calcu- lation of period of publication-Failure to file plat of adverse claim when obstructed by applicant--Filing of adverse claim with the register-Adverse claim to be sworn to--Agent to show authority- Adverse claimant to show good faith-Applicant for patent to show that suit has not been commenced-Irregular publication-Public highway not an adverse claim-Intersection of lodes-Amicable ad- justment— Prosecution of suit with diligence-Colorado-Com- mencement of suit-Question that can arise in General Land Office after commencement of suit-Question of jurisdiction-Adverse claim tiled on Sunday—Town-site an adverse claim--Right of claim- ant after judgment of court--Mechanics' or laborers' lien-Foreign corporation, Republication.. .139-314 CHAPTER VI. PROTEST. Separate and distinct protests against each application for patent-Ad. verse claim treated as protest when not filed in time--No right of not sworn to treated as protest—Commissioner of Deeds for Nevada, residing in California-McGarrahan v. Cerro Bonito— Boston case-- No right of appeal-Bill in equity to restrain party from applying Must be held and worked--Annual expenditures-Area of location- Statute of limitation and publication--Locations prior to July 9, 1870, on unsurveyed land-Joint entry-Land treated as unsurveyed until plat filed in local office-One notice for several claims—Dia- gram and notice on each claim patent—Construction of section 10, Act of May 10, 1872–Timber on mineral lands within railroad grant-Joining of distinct locations in one application for patent- Expenditures not required on each claim-North Leadville v. Searle Placer claim and town-site occupation conflicts-Burden of proof — How held and worked-Lodes discovered in tunnel-Line of tunnel- Reasonable diligence-Patent for lode without surface ground-- Ascertainment of apex of lode discovered in tunnel-Tunnel loca- Statute contemplates no cessation-Large expenditures formerly made- Entry in interest of land officers --Indefinite continuance of possessory right-Annual expenditures after entry-American Hill case-Con- struction of section 2 of Act of January 22, 1880--Proceedings tory statement--Coal is a mineral--Incorporated company-Form of declarative statement-Personal qualifications - How determined- Non-contiguous land-Within limits of grant to Union Pacific Rail- road Company-School sections containing coal-Public offering of coal land. .397-406 CHAPTER XI. STATE LAND GRANTS. Power of Congress to alter or repeal grant,When title vests-- Meaning of " settlement” in seventh section of Act of March 3, 1853–Sec- tions 16 and 36, in California, when mineral in character--Same in Colorado-Salt springs-Lieu lands-University of California...407-439 Agent may execute non-mineral affidavit-Land from which mineral is exhausted-Estoppel-Construction of section 10 of Act of 1866– Mineral land patented as agricultural- Mineral land entered (but not patented) as agricultural — Mineral land entered as agricultural, if not patented, subject to location-Scoggin v. Culver- Agricultu- Mill-sites: Embrace only non-mineral land - Located and recorded-Ad. joining end line of lode-Exclusion of lode-Lode and mill-site in Easements, E.rceptions, etc.: Right of ingress and egress across mining claim-Clause inserted in mining patents protecting easements - Water rights--Love and surface conflict-Excepting clause in rail- road patents-Town-site and mining conflicts—Sutro tunnel. Valuable Deposits: Slate, diamonds, iron, fire-clay, borax, mica, umber, Personal Qualifications: Citizenship - Women qualified — Executor- Proof of citizenship under Act of January 22, 1880. Hearings: Notice-Question and answer-When Central Pacific Railroad apply to select land--Mineral lands sought to be entered as agricul. tural -- Disinterested persons invited to testify --- Expense of hearing. Practice: Appeal opens whole record—Defective appeal–Official letters the property of the United States-Affidavits of persons having knowledge of posting of notice-Loss of duplicate receipt-Correc- Serip Locations, etc.: Sioux Half-breed scrip-Agricultural College scrip - Porterfield scrip--Certificates of deposit. Mineral lands in Indian territory-Mineral lands in military reservation - Repayment of purchase money – Taxation of mining claim- |