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Entered according to act of Congress, in the year 1882, by
W. P. WADE,
In the office of the Librarian of Congress, at Washington.
The object I had in view in preparing this little book for publication, was to present the practical questions that interest the mining lawyer, as well as the miner, in a clear and succinct form, for reference. The reasons I have to offer for not presenting the same matters in the form of a law book of standard size, are, that such a book, while more expensive, would be but little better, except for the student; and the changes in local laws, as well as the decision of questions now regarded as unsettled, would render a new edition necessary within so short a time that the expense of a large book might prove an unnecessarily onerous tax. The form adopted is also convenient for transportation, which is a feature worth considering in many judicial circuits where this class of litigation predominates. I hardly think the subject of American mining law, ripe for elaborate treatment in a standard text book. The following pages have been prepared with a view to accuracy. The propositions are stated with necessary brevity, as it is taken for granted that the practitioners will in general consult the authorities referred to.
The LOCAL STATUTES are inserted for the purpose of aiding the lawyers to a proper understanding of the decisions of courts of other States, as well as for the benefit of immigrant miners. Although this book is not intended to dispense with the services of the lawyers, it
SECTION 17-What constitutes possession.
18-Character of possessory right.
27-Provisions as to recording and herein of notice to
34-Surface rights acquired by location.
37-Same-Veins uniting on the dip.
SECTION 38-Extent of tunnel claim-Length.
39-Conflict with prior claims.
41-Labor and improvements on tunnel location.
53-Previous recognition of water rights.
54-How water rights on public domain acquired.
55-Rights acquired by appropriation.
56-How right established-Remedies.
SECTION 63-Nature and effect of patent.
65-Relief where obtained by fraud.
70-Reservations in grants of public land.
73-Land office regulations-Application.
76-Status of lode claims located prior to May 10, 1872.
77-Patents for veins or lodes heretofore issued.