right of possession depends upon the performance of this labor annually until a patent is issued.4 And a claim properly located March 1, 1877, might be relocated for forfeiture if the required work was not done prior thereto.5 Compliance with this requirement should also be shown by an adverse claimant;6 also, by applicants for patent, in some cases.7 1 Ante, p. 17. 2 Copp's Min. Dec. 142; 4 Landowner, 66. 31 Landowner, 34. 4 Copp's Min. Dec. 135, 142; 1 Landowner, 34. 5 4 Landowner, 66. 6 Copp's Min. Dec. 197, 337. 7 Copp's Min. Dec. 19; 4 Landowner, 50. $ 96. Same-Time for annual labor under act of January 22, 1880.-The amendment is retroactive, so that on all claims located since May 2, 1872, the labor is required to be performed within the calendar year. The first annual expenditure on a claim located February 1, 1880, become due at the expiration of one year from January 1, 1881, to wit, January 1, 1882, on which day the claim would be subject to adverse location. On a claim located April 8, 1875, it is necessary to calculate from the date of location. The first expenditures are to be reckoned as due within one year from January 1, 1876, and annually thereafter by the calendar year. If the annual expenditures were made within the calendar year, 1879, the claim will become subject to relocation only after the expiration of 1880, and a failure of expenditures for that year. The purpose of the amendment was to secure a uniform period within which the annual expenditures should be required on all locations. It follows that a claim located October 1, 1879, requires an expenditure of $100 worth of labor or improvements, during the calendar year 1880, notwithstanding that the required amount may have been extended subsequent to the location during the year 1879. A former opinion to the effect that expenditures in locating the claim would be considered as part of the annual expenditures for the year following, overruled as inadvertently given.2 1 Sickels' Min. Laws, 392. 2 Sickels' Min. Laws, 393.-NOTE-According to this ruling, immediately on the passage of this act, all claims upon which the annual expenditure had not been made during the calendar year 1873, were open to relocation, although the year, reckoned from the date of location, within which they were required to make the expenditures when the claim was located, had not yet expired. -See ante, p. 17. § 97. Annual labor on placer claims.-No act of Congress requires annual labor or improvements on placer claims. Any such requirement must be by virtue of the local laws, rules or customs.1 1 1 Landowner, 18. $98. Relocation.-Claims located since May 10, 1872, become subject to relocation for failure to perform, or make the required work or improvements within one year from the date of location.1 Mines located prior to that date upon which the required amount had been expended at any time since that date, and prior to January 1, 1875, were not subject to relocation at the latter date.2 Where a party claims a right to a patent by virtue of relocation, he should furnish proof that such relocation was made in accordance with local laws or regulations,3 and that such claim was subject to relocation.4 He must also prove the expenditure on the mine of $500, by himself or his grantors, notwithstanding that such amount may have been expended by former owners who had abandoned the claim.5 Applications for patents by relocators should be accompanied by copy of original location notice and an abstract of title by the applicant, including the relocation notice, and transfers under the relocation. The expenditure by the relocator may be in the old workings of the mine, or he may commence new ones at his option. Where an adverse relocation is made prior to the application for patent, controversies as to the right of possession must be adjudicated by the courts.8 1 Copp's Min. Dec. 142. (Since the act of January 22, 1880, within one year from the 1st of January subsequent to the date of location.-Ante, p 17.) 2 1 Landowner, 138. 3 Copp's Min. Dec. 225; 3 Landowner, 37; Sickel's Min. Laws, 55. 4 Copp's Min. Dec. 188; 6 Landowner, 2. 5 1 Landowner, 179. 6 3 Landowner, 37. 7 3 Landowner, 50. 8 Sickel's Min. Laws, 270. § 99. Timber.-Locators of mining claims have the exclusive right to the timber growing on their claims.1 By virtue of the grant to the Central Pacific railroad, it is entitled to the timber upon the mineral land within the ten-mile limits, except so much as is necessary to support the improvements of mine owners thereon.2 1 2 Landowner, 114. 2 1 Landowner, 134. § 100. Local laws, rules and customs.-The miners of the district may regulate the width of lode claims within the limits prescribed by act of Congress; but where such local regulations permit locations in excess of 600 feet, or 300 feet on each side of the middle of the vein or lode, they will be restricted according to that width. The same respect is paid to local regulations governing the size of placer locations.2 Where the location was made prior to the Congressional mining acts, proof will be required that the location was made accord ing to the local customs or regulations of the miners of the district.3 In the absence of state or territorial legislation, regulating the occupancy and possession of mining claims, the district rules and regulations may be amended by the miners, but such amendments will not affect claims previously located, as they are governed by the laws in force at the date of location.4 In the absence of local or district laws at the date of location, and subsequent to the Congressional acts, compliance with the laws of Congress must be shown.5 Where the claim is made under a location prior to any local or district laws, the inception of title will only be from the date of the location notice or certificate in which the names of the claimants or their grantors appear as locators.6 1 Copp's Min. Dec. 164, 201. 2 Ibid. 3 Copp's Min. Dec. 32. 4 Copp's Min. Dec. 59. 5 Copp's Min. Dec. 200. 6 Copp's Min. Dec. 224. § 101. Abandonment.-One who abandons a mining claim may remove his machinery, and all ore previously extracted from the mine.1 Where a 3,000 foot location, under law of 1866 has been re-located under the act of 1872, leaving out 1,500 feet, a relocation by a subsequent purchaser cannot be made to include the original 3,000 feet. The first relocation was an abandonment of 1,500 feet. Where the alleged abandonment of a claim occurred subsequent to application for patent, and prior to payment and entry, the executive department would be compelled to take jurisdiction to determine the conflicting rights of the parties.3 1 3 Landowner, 50. § 102. Patent.-What is conveyed by-A patent for a lode claim conveys: (1) The surface ground embraced within the exterior boundaries of the claim.1 (2) The right to follow the vein or lode named, to the longitudinal extent of the patented ground, and to any depth, though the dip carries it to the adjoining ground. (3) All other veins, lodes or ledges, throughout their entire depth, the tops or apexes of which lie inside such surface lines extended downward vertically, although such other veins may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of the surface location, provided, that the right to such outside parts of such other veins shall be confined to such portions as lie between vertical planes drawn downward through the end lines, so continued in their own direction, that such planes shall intersect such exterior parts of such veins, lodes or ledges; provided, also that the other veins were not adversely claimed, on May 10, 1872.2 16 Landowner, 171. 2 Copp's Min. Dec. 154, 201. § 103. Same-Reservations in.-There is a reservation in all patents to land in mineral regions, of all previously acquired water rights;1 of the surface ground in all cross lodes previously patented;2 and in placer patents, all lodes "of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit" claimed or known to exist at the date of the patent. And where the ground is within the boundaries of a town site, a clause is inserted, "excepting and excluding all town property rights upon the surface, and all houses, buildings, structures, lots, blocks, streets, alleys, or other municipal improvements not belonging to the grantee herein, and all rights necessary to the occupation, possession, and enjoyment of the same."4 In |