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DR4 1935





In the course of professional business relating to American Mines, in which I have been engaged both in England and America, the want of a compact and handy book of reference on the subject of the Mining Law, has frequently occurred to me. In the belief that others, besides myself, may have felt this want, I have endeavoured to supply it, and this little Book is the result.

That its imperfections are many, I have no doubt; for, besides faults of which I am not conscious, want of space has compelled me to omit matters which I should otherwise have gladly inserted. Among such I may mention the Instructions issued by the American Land Office upon the passage of any law relating to the Public Lands. As however, these, though essential to the American, are comparatively useless to the English practitioner, it seemed to me better, instead of giving them at full length, to set out only such extracts as bear directly on the construction of the Statutes. Finally, I will add, that, having myself had experience of many cases in which English Companies have been led into

prolonged and disastrous lawsuits affecting the titles to their mines, I shall be satisfied if, by the publication of these pages, I shall have contributed to the better understanding of the Laws of the United States relating to titles to mines in that country.

I am much indebted to my friend Mr. A. A. Clive, of the English Bar, for his valuable assistance.

2, ELM COURT, Temple,

September 2, 1877.


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SPANISH CODES-Discoverer's Privileges-Quantity of Surface Ground—

Proceedings upon Discovery-Development of Shaft-Adverse Claims-

Injunctions never issued-Placer Claims-Administration of. Spanish


GENERAL LAND OFFICE of the United States and its Instructions-Its
Decisions conclusive, unless fraudulent-U. S. Patent- Extent of
Mining Claim allowed in U. S.

MINERAL LANDS-Reserved by U. S.-Policy of, in regard to-Reserva-

tion of them from Sale-Settlers on them formerly Trespassers-Prior

Possession-Sutro Tunnel Act-Act of July 26, 1866, conferred a

Licence-Act of July 9, 1870-of May 10, 1872-of February 11,

1875-Open to purchase by Citizens-What are Mineral Deposits—

Citizens and inchoate Citizens only may occupy and purchase U. S.

Mineral Lands-Aliens mere Trespassers..

Length of Mining Claims on Lodes or Veins-Discovery of the Lode

a condition precedent to location-Appropriation of Lode-Its Dis-

covery-Location-Record-Boundaries-Location Certificate-Proof of

Citizenship-Locator's Rights of Possession-Act of 26 July, 1866,

granted one Vein only-Act of May 10, 1872, all Veins whose Apices are

within Surface Boundaries-Departure of Veins from Side-Lines-Land

Office Construction of Statute-Constructions of the Law Courts—
Rights of Tunnel Owners-Expenditure therein

REGULATIONS MADE BY MINERS-Expenditures-Improvements-Con-

tribution among Co-owners-Boundaries of Claim-Mining Customs or

Rules-How made formerly and what they contained—Modern District

Rules-May be proved by Parol—Are not the Common Law Customs-

Annual Labour-What a 66

Claim" consists of-A Day's Labour in

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New Mexico-Re-location-Forfeiture-Abandonment-Requisites of a

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Pages 18-25
PATENTS for Mineral Lands, how obtained-Total Expenditure of Labour-
Payment for Surface Ground
ALIENS-Their Disabilities-Cannot patent-Nor "adverse "-May pur-
chase Patent-In California, Colorado, and Nevada, bonâ fide resident
Aliens only can hold Real and Personal Property-Aliens can hold
until Office found-Aliens cestuis que trust-Who are Aliens-Non-
Resident's Property liable to Attachment
PROCEEDINGS ON ADVERSE CLAIM-Jurisdiction of the State Courts to try
Right of Possession-Failure to adverse does not estop Party from
going into the Courts subsequently
PATENT, what is conveyed by-Clauses in Patent under Act of 1866-
Under Act of 1872-Patents on Comstock Lode-Lodes underlying
Townships-Reservation of Water Rights-Quantity of Interest con-
veyed by U. S. Patent-Courts of Equity may re-open Patent-De-
scription of Vein-Claims on surveyed and unsurveyed Lands pending
Applications-Existing Rights ..
PLACER CLAIMS-Conformity of Placer Claims to Surveys-Limits of―
Subdivisions of Ten Acre Tracts-Maximum of Placer Locations-Evi-
dence of Possession to establish a Right to a Patent-Statutes of Limi-
tation-Liens-Taxation of Mining Claims-Proceedings for Patent for
Placer Claim-Surveyor-General to appoint Surveyors of Mining Claims
-Verification of Affidavits
INTERSECTING VEINS-Theory that each Survey covers a distinct Vein—
Action of Ejectment-Injunction-When granted-When refused-
Patents for Non-Mineral Lands-Mill Sites-What Conditions of Sale
by Local Legislatures
WATER RIGHTS-Vested Rights to use of, for Mining Purposes-Rights of
Way for Canals Doctrine of prior Appropriation of Water-Common
Law Doctrine of Riparian Ownership not Law in California-Patents,
Pre-emptions, and Homesteads subject to vested and accrued Water
Rights-Mineral Lands open to Homesteads-Lands exempted from
Pre-emption Laws-Mines in Indian Territory-Mineral Lands set
apart as agricultural-President may provide additional Land Districts

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