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