American Mining Law with Forms and Precedents (CA Bulletin 123)

A.H. Ricketts · 1943 · Mining Law

Ricketts' magnum opus — the 4th edition issued as California Division of Mines Bulletin 123, reprinted in two volumes in 1948. Vol. I covers the law; Vol. II…

Public-domain full text preserved in the Mountain Man Mining Library. Original source: archive.org.

STATE OF CALIFORNIA DEPARTMENT OF NAT?JE.U, KESJiUBCEii

American

Mining Law

Volume 11

Buixetin 128

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Division Of Mines

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College Of Agriculture Davis, California

State Of California

EARL WARREN, Governor

Department Of Natural Resources

WARREN T. IIANNUM. Director

Division Of Mines

FERRY BUILDING, SAN FRANCISCO OLAF p. JENKINS, Chief

San Francisco Bulletin 123 February, 1943

American Mining Law

With Forms And Precedents

By A. H. RICKETTS

(FOURTH EDITION— ENLARGED AND REVISED TO FEBRUARY, 1943) (Reprinted in Two Volumes, September, 1948)

Volume Ii (Statutes. Forms, Precedents, And Index, Pp. 619-1018)

1—2

Proof Of Citizenship 621

Appendix A

Federal Statutes

Title XXXII, Chapter VI, Revised Statutes (U. S.C.A., Title 30)

Mineral Lands And Mining Resources

Sec. 2318. In all cases lands valuable for minerals shall Mineral be reserved from sale, except as otherwise expressly directed Jsmed by law.

Sec. 2319. All valuable mineral deposits in lands belong- Mineral ing to the United States, both surveyed and unsurveyed, are }o"pur?lwse hereby declared to be free and open to exploration and pur- citizens. chase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regula- tions prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.

Sec. 2320. Mining claims upon veins or lodes of quartz Length of

mining

upon

or other rock in place bearing gold, silver, cinnabar, lead, tin, Sml copper, or other valuable deposits, heretofore located, shall be JJjJ governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more per- sons, may equal, but shall not exceed, one thousand five hun- dred feet in length along the vein or lode ; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the mid- dle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other.

Sec. 2321. Proof of citizenship, under this chapter, may Proof of consist, in the case of an individual, of his own affidavit c"izenship thereof; in the case of an association of persons unincor- porated, of the affidavit of their authorized agent, made on his own knowledge or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any state or territory thereof, by the filing of a certified copy of their charter or certificate of incorporation.

622 Appendix — Federal Statutes

Locators' Sec. 2322. The locators of all mining locations heretofore pJjon made or which shall hereafter be made, on any mineral vein, and enjoy- lode, OF Icdgc, situatcd on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they com- ply with the laws of the United States, and with state, terri- torial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations; and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended down- ward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface loca- tions. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so con- tinued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. Owners of Sec. 2323. Where a tunnel is run for the development of iSrtJrf a vein or lode, or for the discovery of mines, the owner of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface ; and locations on the ,line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. Regulations Sec. 2324. The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the state or territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-

Patents For Mineral Lands 623

two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy- two, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, eighteen hun- dred and seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions the claim or mine upon which such failure occurred shall be open to relo- cation in the same manner as if no location of the same had ever been made, provided that the priginal locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his pro- portion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expen- diture required by this section his interest in the claim shall become the property of his co-owners who have made the required expenditures.

Sec. 2325. A patent for any land claimed and located for valuable deposits may be obtained in the following manner : lands, how Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such com- pliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the United States surveyor-general, showing accurately the bound- aries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following : The register of the land office,

1 The term "legal representatives" is not necessarily restricted to the personal representatives of one deceased, but it is sufficiently broad to cover all persons who, with respect to his property, stand in his place, and repre- sent his interests, whether transferred to them by his act, or by operation of law. New York Mutual Life Ins. Co. v. Armstrong, 117 U. S. 597 ; see also Hogan V. Page, 2 Wall. 605 ; United Verde Co. (on petition), 54 L. D. 4.

624 Appendix Federal Statutes

upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, Avithin the sixty days of publication, shall file with the register a certificate of the United States surveyor general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors ; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a con- spicuous place on the claim during such period of publication. If no adverse claim shall have beeen filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the appli- cant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. Adverse EC. 2326. Where an adverse claim is filed during the wedkMson publication, it shall be upon oath of the person or persons making the same, and shall show the nature, bound- aries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdic- tion, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prose- cute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the register of the land office, together with the certificate of the surveyor general that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the

1 See, also, act June 7. 1910 (36 Stats. 459), extending the time in which to flle adverse claims and institute adverse suits with respect to mineral applications In Alaska.

Placer Claims To Conform To Surveys 625

judgment roll shall be certified by the register to the commis- sioner of the genera] land office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim with the proper fees, and file the certificate and description by the surveyor general, vrhereupon the register shall certify the proceedings and judgment roll to the commissioner of the general land office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever.

Sec. 2327. The description of vein or lode claims upon Description surveyed land shall designate the location of the claims with vJino"/iJde reference to the lines of the public survey, but need not con- claims form therewith ; but where patents have been or shall be issued for claims upon unsurveyed lands, the surveyors gen- 1904 (33 eral, in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where pat- ents have issued for mineral lands, those lands only shall be Patents to segregated and shall be deemed to be patented which are omdaT bounded by the lines actually marked, defined, and established monuments upon the ground by the monuments of the official survey upon which the patent grant is based, and surveyors general in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority Monuments as to what land is patented, and in case of any conflict between 5es|riJtTons the said monuments of such patented claims and the descrip- tions of said claims in the patents issued therefor the monu- ments on the ground shall govern, and erroneous or incon- sistent descriptions or calls in the patent descriptions shall give way thereto.

Sec. 2328. Applications for patents for mining claims pending ap- under former laws now pending may be prosecuted to a final eiiSfng"*' decision in the general land office ; but in such cases where rights adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this chapter; and all patents for mining claims upon veins or lodes heretofore issued shall convey all the rights and privileges conferred by this chap- ter where no adverse rights existed on the tenth day of May, eighteen hundred and seventy-two.

Sec. 2329. Claims usually called ''placers," including all Conformity forms of deposit, excepting veins of quartz, or other rock in ll£Z place, shall be subject to entry and patent, under like circum- stances, and conditions, and upon similar proceedings, as are provided for vein or lode claims ; but where the lands have been

626 Appendix — Federal Statutes

previously surveyed b}' the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands.

Subdivisions Sec. 2330. Legal subdivisions of forty acres may be sub- Tracts; divided into ten-acre tracts ; and two or more persons, or asso- 1I?piace'r of pcrsous, having contiguous claims of any size, locations although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section con- tained shall defeat or impair any bona fide preemption or home- stead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser.

ronformity gEC. 2331. Where placer claims are upon surveyed lands, claims to and conform to legal subdivisions, no further survey or plat liiSatTon required, and all placer mining claims located after of claims the tenth day of May, eighteen hundred and seventy- two, shall conform as near as practicable with the United States system of public land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands ; and where by the segregation of mineral lands in any legal subdivision a quan- tity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or preemption purposes, wiiatevi- Sec. 2332. Where such person or association, they and

iwSoS! their grantors, have held and worked their claims for a period

rigiittoa mining claims of the state or territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim ; but nothing in this chapter shall be deemed to impair any lien which may have attached in any way what- ever to any mining claim or property thereto attached prior to the issuance of a patent.

Proceedings Sec. 2333. Where the same person, association, or cor- iSSr poration is in possession of a placer claim, and also a vein or

cuim, etc. ]qq included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim and twenty- five feet of surface on each side thereof. The remainder of the placer claim or any placer claim not embracing any vein or lode claim shall be paid for at the rate of two dollars and

Verification Of Affidavits 627

fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer claim, in application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive dec- laration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof.

Sec. 2334. The surveyor general of the United States may surveyor appoint in each land district containing mineral lands a& apSnt sur- many competent surveyors as shall apply for appointment to Jning"' survey mining claims. The expenses of the survey of vein or claims, etc. lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The commissioner of the general land office shall also have power to establish the maximum charges for surveys and publication of notices under this chapter; and, in case of excessive charges for publication, he may designate any news- paper published in a land district where mines are situated for the publication of mining notices in such district and fix the rates to be charged such paper; and, to the end that the commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the com- missioner of the general land office.

Sec. 2335. All affidavits required to be made under this chapter may be verified before any officer authorized to admin- etc. ister oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office. In cases of contest as to the mineral or agricultural character of the land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party can not be found, then by publication of at least once a week for thirty days in a newspaper, to be desig- nated by the register of the land office as published nearest to the location of such land ; and the register shall require proof that such notice has been given.

628 Appendix — Federal Statutes

Wiere veins Sec. 2336. Where two or more veins intersect or cross each intersect, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection ; but the subsequent location shall have the ri<rht of way through the space of intersection for the pur- poses of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below" the point of union, including all the space of intersection. Patents for Sec. 2337. Where nonmineral land not contiguous to the "lands.ltc. vciu or lodc is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent sur- Miii sites face ground may be embraced and included in an application for a patent for such vein or lode, and the same may be pat- ented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location hereafter made for such nonadjacent land shall exceed five acres, and pajnnent for the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his mill site, as provided in this section, whatcondi- Sec. 2338. As a condition of sale, in the absence of neces- may"be mde legislation by congress, the local legislature of any state le Siat*rt territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. Vested Sec. 2339. Whenever by priority of possession, rights to use of water the usc of watcr for mining, agricultural, manufacturing, or '2tc";S other purposes, have vested and accrued, and the same are of way for rccognizcd and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injuries or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. Patnu, Sec. 2340. All patents granted, or preemption or home- IShMM- steads allowed, shall be subject to any vested and accrued to vter rights, or rights to ditches and reservoirs used in con- tested and nection with such water rights, as may have been acquired *mSur under or recognized by the preceding section, righu 2341. Wherever, upon the lands heretofore desig- Mioerri nated as mineral lands, which have been excluded from survey whiAno and sale, there have been homesteads made by citizens of the mtoMMtra States, or persons who have declared their intention to become citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which

Actions For Possession 629

there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads shall have a right of preemption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty -five cents per acre, and in quantity not to exceed one hundred and sixty acres; or they may avail themselves of the provisions of chapter five of this title, relating to Homesteads. ' '

Sec. 2342. Upon the survey of the lands described in the Mineral preceding section, the secretary of the interior may designate JJt*partL and set apart such portions of the same as are clearly agri- agrkuiturai cultural lands, which lands shall thereafter be subject to preemption and sale as other public lands, and be subject to all the laws and regulations applicable to the same.

Sec. 2343. The president is authorized to establish addi- fJd d?1*' tional land districts, and to appoint the necessary officers tricts and under existing laws, wherever he may deem the same neces- lowl7ot sary for the public convenience in executing the provisions of this chapter. provide

Sec. 2344. Nothing contained in this chapter shall be con- provisions of strued to impair, in any way, rights or interests in mining noftof." property acquired under existing laws ; nor to affect the pro- feet certain visions of the act entitled ' ' An act granting to A. Sutro the right of way and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twenty-five, eighteen hundred and sixty-six.

Sec. 2345. The provisions of the preceding sections of this Mineral chapter shall not apply to the mineral lands situated in the certaii" States of Michigan, Wisconsin, and Minnesota, which are excepted, declared free and open to exploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona fide entries of such lands within the states named since the tenth day of May, eighteen hundred and seventy-two, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of preemption as other public lands.

Sec. 2346. No act passed at the first session of the Thirty- Grantor eighth Congress, granting lands to states or corporations to states or aid in the construction of roads or for other purposes, or to noJofn-""'* extend the time of grants made prior to the thirtieth day of ciude min- January, eighteen hundred and sixty -five, shall be so con- strued as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant.

Actions For Possession

No possessory action between persons, in any court of the United States, for the recovery of any mining title, or for

630 Appendix Federal Statutes

damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie is in the United States but such case shall be adjudged by the law of possession.

Revised Statutes § 910, 28 U. S. C. A. § 690. Construed in Meydenbauer v. Stevens, 78 Fed. 793 ; Livermore v. Beal, 18 Cal. A. (2d), 535, 64 Pac. (2d) 987; South End Co. v. Tinney, 22 Nev. 19, dissenting opinion p. 69 ; see also Harris v. Kellogg, 117 Cal. 499, 49 Pac. 708.

Acts Of Congress Passed Subsequent To The Revised Statutes

AN ACT To amend section two thousand three hundred and twenty-four of the Revised Statutes, relating to the development of the mining resources of the United States.

Money That scction two thousand three hundred and twenty-four

*Tfunnd of the Revised Statutes be, and the same is hereby, amended

aeScS where a person or company has or may run a tunnel

on the lode f or the purpose of developing a lode or lodes, owned by said

person or company, the money so expended in said tunnel

shall be taken and considered as expended on said lode or lodes,

whether located prior to or since the passage of said act ; and

such person or company shall not be required to perforin work

on the surface of said lode or lodes in order to hold the same

as required by said act. (18 Stats. 315.)

AN ACT To exclude the States of Missouri and Kansas from the provisions of the act of Congress entitled "An act to promote the development of the mining resources of the United States," approved May tenth, eighteen hundred and seventy-two.

Missouri and Tliat within the States of Missouri and Kansas deposits of tiR- opera- excluded from the operation of the act entitled act to '"mhierai proRiote the development of the minin? resources of the United States," approved May tenth, eigliieeu hundred and seventy- two, and al] lands in said states shall be subject to disposal as agricultural lands. (19 Stats. 52.)

AN ACT Authorizing the citizens of Colorado, Nevada, and the Territories to fell and remove timber on the public domain for mining and domestic purposes.

(ifiwnsof Tliat all citizens of the United States and other persons, bona xm'rand residents of the State of Colorado, or Nevada, or either of iheierri- the Territories of New Mexico, Arizona, T'j;)]i. Wyoming, ufhorLd Dakota, Idaho, or Montana, and all other inincial districts of tZ!>xl\lm- United States, shall be, and are hereby, authorized and iK-ronthe permitted to fell and remove, for building, agricultural, min- '"mainfor iJ-P* other domestic purposes, any timber or other trees '"*mrJt1c or being on the public lands, said lands being mineral, iiurposM and not subject to entry under existing laws of the United States, except for mineral entry, in either of said states, terri- tories, or districts of which such citizens or persons may be at the time bona fide residents, subject to such rules and regulations as the secretary of the interior may prescribe for

Town-Site Entries 631

the protection of the timber and of the undergrowth growing upon such lands, and for other purposes; provided, the pro- visions of this act shall not extend to railroad corporations.

Sec. 2. That it shall be the duty of the register and the receiver of any local land office in whose district any mineral land may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this act, within the respective land districts; and, if so, they shall immediately notify the commissioner of the general land office of that fact; and all necessary expenses incurred in making such proper examina- tion shall be paid and allowed such register and receiver in making up their next quarterly accounts.

8ec. 3. Any person or persons who shall violate the pro- visions of this act, or any rules and regulations in pursuance thereof made by the secretary of the interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in an.y sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months. (20 Stats. 88.)

AN ACT To amend section twenty-three hundred and twenty-six of the Revised Statutes relating to suits at law affecting the title of mining claims.

That if, in any action brought pursuant to section twenty- inaction three hundred and twenty-six of the Revised Statutes, title tltXt to the ground in controversy shall not be established, by either party, the jury shall so find, and judgment shall be entered party according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land office or be entitled to a patent for the ground in controversy until he shall have perfected his title. (21 Stats. 505.)

AN ACT To amend sections twenty-three hundred and twenty-four and twenty-three hundred and twenty-five of the Revised Statutes of the United States concerning mineral lands.

That section twenty- three hundred and twenty-five of the Application Revised Statutes of the United States be amended by adding mlyl" thereto the following words: Provided, that where the 'y .

1 ' . . -, /. -i-iiT authorized

claimant for a patent is not a resident of or withm the land agent district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits; and provided, that this section shall apply to all applications now pending for patents to mineral lands. ' ' (21 Stats. 61.)

AN ACT To repeal the timber-culture laws, and for other purposes.

Sec. 16. That town-site entries may be made by incor- porated towns and cities on the mineral lands of the United on mineral States,- but no title shall be acquired by such towns or cities thorize!

632 Appendix — Federal Statutes

to vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof, and when entry has been made or patent issued for such town sites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto; provided, that no entry shall be made by such mineral-vein claimant for surface ground where the owner or occupier of the surface ground shall have had pos- session of the same before the inception of the title of the mineral -vein applicant. (26 Stats. 1095.) Lands en- Sec. 17. That rcscrvoir sites located or selected and to be tTemrnmi locatcd and selected under the provisions of *'An act making 'luiVl'n 'PP'opi'iations for sundry civil expenses of the government lestriction for the fiscal year ending June thirtieth, eighteen hundred and °ac?es ("i.irhty-nine, and for other purposes,'' and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs, excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs, and that the provisions of act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes," which reads as follows, viZ: *'No person who shall after the passage of this act enter upon any of the piiblic lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate under all said laws," shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands and not include lands entered or sought to be entered under mineral land laws.

AN ACT To authorize the entry of lands chiefly valuable for building stone under the placer mining laws.

ntry of person authorized to enter lands under the mining

valuable for laws of the United States may enter lands that are chiefly

sion!!'undl? valuable for building stone under the provisions of the law in

thepueer relation to placer mining claims. Lands reserved for the bene-

fit of the public schools or donated to any States shall not be

subject to entry under this section. Nothing contained in

this section shall be construed to repeal section 471 of title 16

relating to the establishment of national forests (27 Stats. 348;

30 U. S. C. A. § 161).

Stock-Raising Homesteads — Mineral Entries 633

AN ACT Extending: the mining laws to saline lands.

That all unoccupied public lands in the United States con- Mining uws taining salt springs, or deposits of salt in- any form, and chiefly gjHne*'n!k valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer-mining claims; provided, that the same person shall not locate or enter more than one claim hereunder. (31 Stats. 745.)

AN ACT To provide for stock-raising homesteads, and for other purposes.

Sec. 9. That all entries made and patents issued under coaund the provisions of this act shall be subject to and contain a JJS'i reservation to the United States of all the coal and other min- ""eserved erals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same. The coal and other mineral depasits in such lands shall be subject to Disposal disposal by the United States in accordance with the pro- Sgili'"" visions of the coal and mineral land laws in force at the time of such disposal. Any person qualified to locate and enter the Locating coal or other mineral deposits, or having the right to mine JJospecting and remove the same under the laws of the United States, shall have the right at all times to enter upon the lands entered or patented, as provided by this act, for the purpose of prospect- ing for coal or other mineral therein, provided he shall not injure, damage, or destroy the permanent improvements of the entryman or patentee, and shall be liable to and shall compensate the entryman or patentee for all damages to the crops on such lands by reason of such prospecting. Any per- son who has acquired from the United States the coal or other mineral deposits in any such land, or the right to mine and remove the same, may reenter and occupy so much of the surface en- surface thereof as may be required for all purposes reasonably mining incident to the mining or removal of the coal or other min- [;"'mutd erals, first upon securing the written consent or waiver of the conditions homestead entryman or patentee ; second, upon payment of the damages to cro{)s or other tangible improvements to the owner thereof, where agreement may be had as to the amount thereof ; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or under- taking to the United States for the use and benefit of the entryman or owner of the land, to secure the payment of such damages to the crops or tangible improvements of the entry- man or owner, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in form and in accordance with rules and regulations prescribed by the secretary of the inte- rior and to be filed with and approved by the register and receiver of the local land office of the district wherein the land is situate, subject to appeal to the commissioner of the gen- eral land office ; provided, that all patents issued for the coal Proviso

634 Appendix Federal Statutes

Mining pat- 01* other mineral deposits herein reserved shall contain appro- "tograS priate notation declaring them to be subject to the provisions rights, etc. reference to the disposition, occupancy, and

use of the land as p'ermitted to an entryman under this act.

(Act December 19, 1916, 39 Stats. 862.)

AN ACT Changing the period for doing annual assessment work on unpatented mineral claims from the calendar year to the fiscal year beginning July 1 each year.

That section 2 of An act to amend sections 2324 and 2325 of the Revised Statutes of the United States concerning min- eral lands," approved January 22, 1880, be, and the same is hereby, amended to read as follows: amnging ''Sec. 2. That section 2324 of the Revised Statutes of the '"Tnniai nitcd States be amended by adding the following words : assessment 'Provided, that the period within which the work required to be done annually on all unpatented mineral claims located since May 10, 1872, including such claims in the Territory of Alaska, shall commence at 12 o'clock meridian on the first day of July succeeding the date of location of such claim ; provided, further, that on all such valid existing claims the annual period ending December 31, 1921, shall continue to 12 o'clock meridian July 1, 1922.' " Approved August 24, 1921 (42 Stats. 186.)

Leasing A synopsis of the act of February 25, 1920, commonlv called the ''Leasing Act," 44 U. S. Code, Part I, p. 964, § 181, fully annotated, may be found in Report XX of State Mineral- ogist, p. 218.

AN ACT Providing a civil government for Alaska.

Mining laws Sec. 8. That the said district of Alaska is hereby created a "\o"thJ land district, and a United States land office for said district a'SsS hereby located at Sitka. The commissioner provided for by this act to reside at Sitka shall be an ex officio register of said land office, and the clerk provided for by this act shall be ex officio receiver of public moneys, and the marshal provided for by this act shall be ex officio surveyor general of said dis- trict and the laws of the TTnited States relating to mining claims, and the rights incident thereto shall, from and after the passage of this act, be in full force and effect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved bv the President ; Provided, That the Indians or other persons in said district shall not be dis- turbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress: And provided further, That parties who have located mines or mineral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not disturbed therein.

Mining Rights In Alaska To Canadians 635

but shall be allowed to perfect their title to such claims by payment as aforesaid: And provided also, That the land not exceeding six hundred and forty acres at any station now occupied as missionary stations among the Indian tribes in said section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which said missionary stations respectively belong until action by Congress. But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States. (23 Stats. 24.)

AN ACT To modify and amend the mining laws in their application to the Territory of Alaska, and for other purposes.

Tliat no association placer-mining claim shall hereafter be Alaska located in Alaska in excess of forty acres, and on every placer- Association mining claim hereafter located in Alaska, and until a patent ing claims has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made dur- requfreT" ing each year, including the year of location, for each and every twenty acres or excess fraction thereof.

Sec. 2. That no person shall hereafter locate any placer- Location by mining claim in Alaska as attorney for another unless he is attorneys duly authorized thereto by a power of attorney in writing, duly acknowledged and recorded in any recorder's office in the judicial division where the location is made. Any person Restriction so authorized may locate placer-mining claims for not more than two individuals or one association under such power of attorney, but no such gent or attorney shall be authorized or permitted to locate m.ore than two placer-mining clainis for any one principal or association during any calendar month, and no placer-mining claims shall hereafter be located in Alaska expept under the limitations of this act.

Sec. 3. That no person shall hereafter locate, cause or Number of procure to be located, for himself more than two placer-mining Sid" claims in any calendar month: Provided, That one or both of proviso such locations may be included in an association claim. ownership

Sec. 4. That no placer-mining claim hereafter located in Area of Alaska shall be patented which shall contain a greater area than is fixed by law, nor which is longer than three times its greatest width.

Sec. 5. That any placer-mining claim attempted to be Effect of located in violation of this act shall be null and void, and the "oa""" whole area thereof may be located by any qualified locator as if no such prior attempt had been made. (37 Stats. 242, 243.)

AN ACT Extending: the homestead laws and providing for rights of way for railroads in the district of Alaska, and for other purposes.

Canada shall be accorded in said district of Alaska the same Alaska to mining rights and privileges accorded to citizens of the United SVins™ States in British Columbia and the Northwest Territory by the laws of the Dominion of Canada or the local laws, rules of Canada

636 Appendix — Federal Statutes

and regulations; but no greater rights shall be thus accorded than citizens of the United States, or persons who have declared their intention to become such, may enjoy in said district of Alaska ; and the Secretary of the Interior shall from time to time promulgate and enforce rules and regulations to carry this provision into effect. (30 Stats. 415.)

AN ACT To amend the laws governing labor or improvements upon mining claims in Alaska.

Annual im- That during each year and until patent has been issued provements. Icast ouc hundred dollars' worth of labor shall be "'''"mining improvements made on, or for the benefit or devel- ciaims opmcut of, in accordance with existing law, each mining claim in the district of Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having Filing knowledge of the facts may also make and file with the said affidavits recorder of the district in which the claims shall be situate an affidavit showing the performance of labor or making of improvements to the amount of one hundred dollars as afore- contents Said and specify the character and extent of such work. Such affidavit shall set forth the following: First, the name or num- ber of the mining claims and where situated; second, the number of days' work done and the character and value of the improvements placed thereon; third, the date of the perform.ance of such labor and of making improvements; fourth, at whose instance the work was done or the improve- ments made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done Prima facie by the owucr. Such affidavit shall be prima facie evidence of pelfomane the performance of such work or making of such improve- ""rtc" ""ts, but if such affidavits be not filed within the time fixed by this act the burden of proof shall be upon the claimant to establish the performance of such annual work and improve- Forfeiture . And upon failure of the locator or owner of any such claim to comply with the provisions of this act, as to per- formance of work and improvements, such claim shall become forfeited and open to location by others as if no location of be- the same had ever been made. The affidavits required hereby

'"afflSSi made before any officer authorized to administer oaths,

nwy h€ and the provisions of sections fifty-three hundred and ninety-

(R. s.,8?rs. two and fifty-three hundred and ninety-three of the Revised

'"p.'msj Statutes are hereby extended to such affidavits. Said affidavits

Time of shall be filed not later than ninety days after the close of the

fliing yf,.y jj which such work is performed.

Fee Sec. 2. That the recorders for the several divisions or dis- tricts of Alaska shall collect the sum of one dollar and fifty cents as a fee for the filing, recording, and indexing said annual proofs of work and improvements for each claim so recorded. (35 Stats. 1243.)

Territorial Legislation 637

AN ACT Extending the time in which to file adverse claims and institute adverse suits against mineral entries in the District of Alaska.

That in the District of Alaska adverse claims authorized and Time provided for in sections twenty -three hundred and twenty-five for miJg and twenty-three hundred and twenty -six, United States JJiJfe'S Revised Statutes, may be filed at any time during the sixty claims, etc.. days' period of publication or within eight months thereafter, (r. s.. and the adverse suits authorized and provided for in section fS.pp.'' twenty-three hundred and twenty -six, United States Revised 426. 427) Statutes, may be instituted at any time within sixty days after the filing of said claims in the local land office. (36 Stats. 459.)

For act to supplement the mining laws of the United States Alaskan in their application to the Territory of Alaska ; providing for ISuTn the location and possession of mining claims in Alaska and repealing all acts and parts of acts in conflict therewith to the extent of such conflicts see Sess. Laws of Alaska, 1913, p. 283.

For a collection of miscellaneous territorial legislation see 3 Lindley, Mines, pp. 2432, 2433.

638 Appendix — Rules Of Practice

RULES OF PRACTICE (Before the U. S. Land Department)

[Approved December 9, 1910 ; effective February 1, 1911 ; reprint September 1, 1926, with amendments.]

51 L. D. 547

Proceedings Before Registers Initiation Of Contests

Rule 1. Contests may be initiated by any person seeking to acquire title to, or claiming an interest in, the land involved, against a party to any entry, filing, or other claim under laws of congress relating to the public lands, because of priority of claim, or for any sufficient cause affecting the legality or validity 'of the claim, not shown by the records of the land department.

Any protest or application to contest filed by any other person shall be forthwith referred to the division inspector, who will promptly investigate the same and recommend appropriate action.

Application To Contest

Rule 2. Any person desiring to institute a contest must file, in duplicate, with the register, application in that behalf, together with statement under oath containing :

(a) Name and residence of each party adversely interested, includ- ing the age of each heir of any decreased entryman.

(h) Description and character of the land involved.

(c) Reference, so far as known to the applicant, to any proceedings pending for the acquisition of title to or the use of such lands.

{dj Statement, in ordinary and concise language, of the facts con- stituting the grounds of contest.

(c) Statement of the law under which applicant intends to acquire title and facts showing that he is qualified to do so.

(/) That the proceeding is not collusive or speculative, but is insti- tuted and will be diligently pursued in good faith.

(g) Application that affiant be allowed to prove said allegations and that the entry, filing, or other claim be canceled.

(h) Address to which papers shall be sent for service on such applicant.

Rule 3.* The statements in the application must be corroborated by the affidavit of at least one witness having such personal knowledge of the facts in relation to the contested entry as, if proven, would render it subject to cancellation, and these facts must be set forth in his affidavit.

Rule 4. The register may allow any application to contest without reference thereof to the commissioner ; but he must immediately forward

1 Amended Sept. 23, 1916.

Service Of Contest Notice 639

copy thereof to the Commissioner of the General Land Office, who will promptly cause proper notations to be made upon the records, and no patent or other evidence of title shall issue until and unless the case is closed in favor of the contestee.

Contest Notice

Rule 5. The register shall act promptly upon all applications to contest, and upon the allowance of any such application shall issue notice, directed to the persons adversely interested, containing :

(a) The names of the parties, description of the land involved, and identification, by appropriate reference, of the proceeding against which the contest is directed.

(h) Notice that unless the adverse party appears and answers the allegation of said contest within 30 days after service of notice the alle- gations of the contest will be taken as confessed.

(For contents of notice when publication is ordered, see Rule 9.)

Service Of Notice

Rule 6. Notice of contest may be served on the adverse party per- sonally or by publication.

Rule 7. Personal service of notice of contest may be made by any person over the age of 18 years, or by registered mail ; when served by registered mail, proof thereof must be accompanied by post office registry return receipt, showing personal delivery to the party to whom the same is directed; when service is made personally, proof thereof shall be by written acknowledgment of the person served, or by affida- vit of the person serving the same, showing personal delivery of the party served ; except when service is made by publication, copy of the affidavit of contest must be served with such notice.

When the contest is against the heirs of a deceased entryman, the notice shall be served on each heir. If. the heirs of the entryman are nonresident or unknown, notice may be served upon them by publica- tion as hereinafter provided. If the person to be personally served is an infant under 14 years of age or a person who has been legally adjudged of unsound mind, service of notice shall be made by delivering a copy of the notice to the statutory guardian or committee of such infant or person of unsound mind, if there be one; if there be none, then by delivering a copy of the notice to the person having the infant or person of unsound mind in charge.

Rule 8. Unless notice of contest is personally served within 30 days after issuance of such notice and proof thereof made not later than 30 days after such service, or if service by publication is ordered, unless publication is commenced within 20 days after such order and proof of service of notice by publication is made not later than 20 days after the fourth publication, as specified in Rule 10, the contest shall abate ; provided, that if the defendant makes answer without question- ing the service or the proof of service of said notice, the contest will proceed without further requirement in those particulars.*

'Amended July 13, 1921.

'Amended Nov. 15, 1912, and Jan. 6, 1925.

Construed in 54 L. D. 232.

640 Appendix Rules Of Practice

Serving Notice By Publication

Rule 9. Notice of contest may be given by publication only when it appears, by afiRdavit by or on behalf of the contestant, filed within 30 days after the allowance erf application to contest and within 10 days after its execution, that the adverse party can not be found, after due diligence and inquiry, made for the purpose of obtaining service of notice of contest within 15 days prior to the presentation of such affidavit, of the postmaster at the place of address of such adverse party appearing on the records of the land office and of the postmaster near- est the land in controversy and also of named persons residing in the vicinity of the land.

Such affidavit must state the last address of the adverse party as ascertained by the person executing the same.

The published notice of contest must give the names of the parties thereto, description of the land involved, identification by appropriate reference of the proceeding against which the contest is directed, the substance of the charges contained in the affidavit of contest, and a statement that upon failure to answer within 20 days after the com- pletion of publication of such notice the allegations of said affidavit of contest will be taken as confessed.

The affidavit of contest need not be published.

There shall be published with the notice a statement of the dates of publication.

Rule 10. Service of notice by publication shall be made by pub- lishing notice at least once a week for four successive weeks in some newspaper published in the county wherein the land in contest lies; and if no newspaper be printed in such county, then in a newspaper printed in the county nearest to such land.

Copy of the notice as published, together with copy of the affidavit of contest, shall be sent notice by the contestant within 10 days after the first publication of such notice by registered mail directed to the party for service upon whom such publication is being made at the last address of such party as shown by the records of the land office and also at the address named in the affidavit for publication, and also at the post office nearest the land.

Copy of the notice as published shall be posted in the office of the register and also in a conspicuous place upon the land involved, such posting to be made within 10 days after the first publication of notice as hereinabove provided.

Rule 11.® Proof of publication of notice shall be by copy of the notice as published attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the same, showing the publication thereof in accordance with these rules.

Proof of posting shall be by affidavit of the person who posted notice on the land, and the certificate of the register as to posting in the district land office.

Proof of the mailing of notice shall be by affidavit of the person who mailed the notice, attached to the postmaster's receipt for the letter or (if delivered) the registry return receipt.

TAmended March 7, 1911. 9 Amended January 6, 1925.

Continuance 641

Defective Service Of Notice

Rule 12. No contest proceeding? shall abate because of any defect in the manner of service of notice in any case where copy of the notice or affidavit of contest is shown to have been received by the person to be served ; but in such case the time to answer may be extended in the discretion of the register.

I Answer By Contestee

Rule 13. Within 30 days after personal service of notice and affi- davit of contest as above provided, or, if service is made by publication, within 20 days after the fourth publication, as prescribed by these rules, the party served must file with the register answer, under oath, specifically meeting and responding to the allegations of the contest, together with proof of service of a copy thereof upon the contestant by delivery of such copy at the address designated in the application to contest, or personally in the manner provided for the personal service of notice of contest.

Such answer shall contain or be accompanied by the address at which all notices or other papers shall be sent for service upon the party answering.

Failure To Answer

Rule 14. Upon failure to serve and file answer as herein pro- vided, the allegations of the contest will be taken as confessed, and the register will forthwith forward the case, with recommendation thereon, to the general land office, and notify the parties by ordinary mail of the action taken.

Date And Notice Of Trial

Rule 15. Upon the filing of answer and proof of service thereof the register will forthwith fix a time and place for taking testimony, and notify all parties thereof by registered-letter mail not less than 20 days in advance of the date fixed.

Place Of Service Of Papers

Rule 16. Proof of delivery of papers required to be served upon the contestant at the place designated under clause of Rule 2 in the application to contest, and upon any adverse party at the place designated in the answer, or at such other place as may be designated in writing by the person to be served, shall be sufficient for all pur- poses; and where notice of contest has been given by registered mail, and the registry-return receipt shows the same to have been received by the adverse party, proof of delivery at the address at which such notice was so received shall, in the absence of other direction by such adverse party, be sufficient.

Where a party has appeared and is represented by counsel, service of papers upon such counsel shall be sufficient.

Continuance

Rule 17. Hearing may be postponed because of absence of a mate- rial witness when the party applying for continuance makes affidavit,

7 Construed in 54 L. D. 230.

8 Amended April 17, 1926.

642 Appendix Rules Of Practice

and it appears to the satisfaction of the officer presiding at such hear- ing that —

(a) The matter to which such witness would testify, if present, is material.

(6) That proper diligence has been exercised to procure his attend- ance, and that his absence is without procurement or consent of the party on whose behalf continuance is sought.

(c) That afifiant believes the attendance of said witness can be had at the time to which continuance is sought.

(d) That the continuance is not sought for mere purposes of delay. Rule 18. One continuance only shall be allowed to either party on

account of absence of witnesses, unless the party applying for further continuance shall, at the same time, apply for order to take the testi- mony of the alleged absent witness by deposition.

Rule 19. No continuance shall be granted if the opposite party shall admit that the witness on account of whose absence continuance is desired would, if present, testify as stated in the application for con- tinuance.

Continuances will be granted on behalf of the United States when the public interest requires the same, without affidavit on the part of the government.

Depositions And Interrogatories

Rule 20. Testimony may be taken by deposition when it appears by affidavit that —

(a) The witness resides more than 50 miles, the usual traveled route, from the place of trial.

The witness resides without, or is about to leave, the state or territory, or is absent therefrom.

(c) From any cause it is apprehended that the witness may be unable to, or will refuse to, attend the hearing, in which case the depo- sition will be used only in the event personal attendance of the witness can not be obtained.

Rule 21. The party desiring to take deposition must serve upon the adverse party and file with the register affidavit setting forth the name and address of the witness and one or more of the above-named grounds for taking such deposition, and that the testimony sought is material ; which affidavit must be accompanied by proposed interroga- tories to be propounded to the witness.

Rule 22. The adverse party will, within 10 days after service of affidavit and interrogatories, as provided in the preceding rule, serve and file cross-interrogatories.

Rule 23. After the expiration of 10 days from the service of affi- davit for the taking of deposition and direct interrogatories, commis- sion to take the deposition shall be issued by the register directed to any officer authorized to administer oaths within the county where such deposition is to be taken, which commission shall be accompanied by a copy of all interrogatories filed.

Ten days' notice of the time and place of taking such deposition shall be given by the party in whose behalf such deposition is to be taken, to the adverse party.

Trials 643

Rule 24. The officer before whom such deposition is taken shall cause each interropfatory to be written out, and the answer thereto inserted immediately thereafter, and said deposition, when completed, shall be read over to the witness and by him subscribed and sworn to in the usual manner before the witness is discharged, and said officer will thereupon attach his certificate to said deposition, stating that the same was subscribed and sworn to at the time and place therein men- tioned.

Rule 25. The deposition, when completed and certified as afore- said, together with the commission and interrogatories, must be inclosed in a sealed package, indorsed with the title of the proceeding in which the same is taken, and returned by mail or express to the register, who will indorse thereon the date of reception thereof, and the time of open- ing said deposition.

Rule 26. If the officer designated to take the deposition has no official seal, certificate of his official character under seal must accom- pany the return of the deposition.

Rule 27. Deposition may, by stipulation filed with the register, be taken before any officer authorized to administer oaths, and either by oral examination or upon written interrogatories.

Rule 28. Testimony may, by order of the register and after such notice as he may direct, be taken by deposition before a United States commissioner, or other officer authorized to administer oaths near the land in controversy, at a time and place to be designated in a notice of such taking of testimony. The officer before whom such testimony is taken will, at the completion of the taking thereof, cause the same to be certified to, sealed, and transmitted to the register in the like manner as is provided with reference to depositions.

Rule 29. No charge will be made by the register for examining testimony taken by deposition.

Rule 30. Officers designated to take testimony will be allowed to charge such fees as are chargeable for similar services in the local courts, the same to be taxed in the same manner as costs are taxed by registers.

Rule 31. When the officer designated to take deposition can not act at the time fixed for taking the same, such deposition may be taken at the same time and place before anj other qualified officer designated for that purpose by the officer named in the commission or by agree- ment of the parties.

Rule 32. No order for the taking of testimony shall be issued until after the expiration of time allowed for the filing of answer.

Trials

Rule 33. The register and other officers taking testimony may exclude from the trial all witnesses except the one testifying and the parties to the proceeding.

Rule 34, The register will be careful to reach, if possible, the exact condition and status of the land involved in any contest, and will ascertain all the facts having any bearing upon the rights of parties in interest; to this end said officer should, whenever necessary, per- sonally interrogate and direct the examination of a witness.

644 Appendix Rules Of Practice

Rule 35. In preemption eases the register will particularly ascer- tain the nature, extent, and value of allefred improvements; by whom made, and when; the true date of the settlement of persons claiming; the steps taken to mark and secure the claim ; and the exact status of the land at that date as shown upon the records of his office.

Rule 36. In like manner, under the homestead and other laws, the conditions affecting the inception of the alleged right, as well as the subsequent acts of the respective claimants, must be fully and spe- cifically examined.

Rule 37. Due opportunity will be allowed opposing claimants to cross-examine witnesses.

Rule 38. Objections to evidence will be duly noted, but not ruled upon, by the register, and such objections will be considered by the commissioner. Officers before whom testimony is taken will summarily stop examination which is obviously irrelevant.

Rule 39. At the time set for hearing, or at any time to which the trial may be continued, the testimony of all the witnesses present shall be taken and reduced to writing.

When testimony is taken in shorthand the stenographic notes must be transcribed, and the transcription subscribed by the witness and attested by the officer before whom the testimony was taken ; provided, however, that when the parties shall, by stipulation, filed with the rec- ord, so agree, or when the defendant has failed to appear, or fails to participate in the trial, and the contestant shall in writing so request, such subscription may be dispensed with.

The transcript of testimony shall, in all cases, be accompanied by certificate of the officer or officers before whom the same was taken, showing that each witness was duly sworn before testifying, and, by affidavit of the stenographer who took the testimony, that the transcrip- tion thereof is correct.

Rule 40. If a defendant demurs to the sufficiency of the evidence, the register will forthwith rule thereon. If such demurrer is over- ruled, and the defendant elects to introduce no evidence, no further opportunity will be afforded him to submit proofs.

When testimony is taken, before an officer other than the register, demurrer to the evidence will be received and noted, but no ruling made thereon, and the taking of evidence on behalf of the defendant will be proceeded with; the register will rule upon such demurrer when the record is submitted for his consideration.

If said demurrer is sustained, the register will not be required to examine the defendant's testimony. If, however, the demurrer be overruled, all the evidence will be considered and decision rendered thereon.

Upon the completion of the evidence in a contest proceeding, the register will render a report and opinion thereon making full and specific reference to the posting and annotations upon the records.

Rule 41. The register will, in writing, notify the parties to any proceeding of the conclusion therein, and that 15 days will be allowed from the receipt of such notice to move for new trial upon the ground of newly discovered evidence, and that if no motion for new trial is made, 30 days will be allowed from the receipt of such notice within which to appeal to the commissioner.

Final Proof 645

New Trial

Rule 42. The decision of the register will be vacated and new trial granted only upon the ground of newly discovered evidence, in accordance with the practice applicable to new trials in courts of jus- tice ; provided, however, that no such application shall be granted except upon showing that the substantial rights of the applicant have been injuriously affected.

No appeal will be allowed from an order granting new trial, but the register will proceed at the earliest practicable time to retry the case, and will, so far as possible, use the testimony theretofore taken without reexamination of same witnesses, confining the taking of testimony to the newl}' discovered evidence.

Rule 43. Notice of motion for new trial, setting forth the grounds thereof, and accompanied by copies of all papers not alread} on file to be used in support of such motion, shall be served upon the adverse party, and, together with proof of service, filed with the register not more than 15 days after notice of decision; the adverse party shall, within 10 days after such notice, serve and file affidavits or other papers to be used by him in opposition to such motion.

Rule 44. IMotions for new trial Avill not be considered or decided in the first instance by the commissioner or the Secretary of the Inte- rior, or othorv/ise than on review of the decision thereof by the register.

Rule 45. If motion for new trial is not made, or if made and not allowed, the register will, at the expiration of the time for appeal, promptly forward the same, with the testimony and all papers in the case, to the commissioner, with letter of transmittal, describing the case by its title, nature of the contest, and the land involved.

The register will not. after forwarding of decision, as above pro- vided, take further action in the case unless so instructed by the com- missioner.

Final Proof Pending Contest

Rule 46.' The pendency of a contest will excuse the submission of final proof on the entry involved until a reasonable time after the dis- position of the proceedings, but final or commutation proof may be submitted at any stage thereof. The payment of the final commissions or purchase money, as the case may be. should be deferred until the case is closed, when, if tlie contest is di.smissed and the proof is found satis- factory, claimant will be allowed 30 days from notice within which to pay all sums due and furnish a nonalienation affidavit, upon receipt of Avhicli the })roper form of final certificate will issue.

In such cases the fee for reducing the proof testimony to writing must be paid at the time the proof is submitted.

The final proof should ])e retained in the district land office until the record in the contest case is forwarded to the general land office, but will not be considered in determining the merits of the contest, though it may be used for the purpose of cross-examination during the trial.

In such cases the party making the proof will at the time of sub- mitting the same be required to pay the fees for reducing the testimony to writing.

Amended May 16, 191G.

646 Appendix Rules Of Practice

Appeals To Commissioner

Rule 47. No appeal from the action or decision of the register will be considered unless notice thereof is served and filed in the district land oflfice in the manner and within the time specified in these rules.

Rule 48. Notice of appeal from the decision of the register shall be served and filed with such register within 30 days after receipt of notice of decision; provided, however, that when motion for new trial is presented and denied, notice of such appeal shall be served within 15 days after receipt of notice of the denial of said motion.

Rule 49. No person who has failed to answer the contest affidavit, or, having answered, has failed to appear at the hearing, shall be allowed an apieal from the final action or decision of the register.

Rule 50. Such notice of appeal must be in writing, and set forth in clear, concise language the grounds of the appeal, in the form of specifications of error, wliich shall be separately stated and numbered ; wlipre error is based upon insufficiency of the evidence to justify the decision, in the assignment thereof the particulars wherein it is deemed insufficient must be specifically set forth in the notice. All grounds of error not assigned or noticed and argued in the brief will be consid- ered as waived.

I'pon failure to serve and file notice of appeal as herein provided the case Avill be closed.

RuiiE 51. When any party fails to move for a new trial or to appeal from the decision of the register within the time specified, such decision shall, as to such party, be final and will not be disturbed except in case of fraud or gross irregularity.

No case will be remanded for any defect which doas not materially fjflect the aggrieved party.

Rui;E 52. All documents received by the register must be kept on file and the date of filing noted thereon; no papers will, under any cir- cumstances, be removed from the files or from the custody of the i-egister, but access to the same, under proper regulations, and so as not to interfere with transactions of public business, will be permitted to the parties or their attorneys.

Costs And Apportionment Thereof

Rule 53. A contestant claiming preference right of entry under the second section of the act of May 14, 1880 (21 Stats. 140), must pay the cost of contest. Tn other cases each party must pay the cost of tak- ing tl'.e direct examination of his own witnesses and the cross-examina- tion on his behalf of other witnesses; the cost of noting motions, objec- tions, and exceptions must be paid by the party on whose behalf the same are made.

Rule 54. Accumulation of excessive costs will not be permitted. When the officer before whom testimony is being taken shall rule that a course of examination is irrelevant, the same will not proceed except at the sole cost of the party insisting thereon and upon his depositing the amount reasonably sutficient to pay therefor.

Rule 55. Where a party contesting a claim shall by virtue of actual settlement and improvement establish his right of entry of the land in contest under the preemption, homestead, or desert-land laws

Appeal From Decision 647

by virtue of settlement and improvement without reference to the act of May 14, 1880, the costs of contest will be imposed as prescribed in the second clause of Rule 53.

Rule 56. The only cost of contest chargeable by registers are the legal fees for reducing testimony to writing. No other contest fees or costs will be allowed to or charged by those officers, directly or indirectly.

Rule 57. Registers may at any time require either party to give security for costs, including expense of taking and transcribing testi- mony.

Rule 58. Upon the filing of the transcript of the testimony in the local office, any excess in the sum deposited as security for costs of transcribing testimony will be returned to the parties depositing the same.

Rule 59. When hearings are ordered on behalf of the govern- ment, all costs incurred on its behalf will be paid from the proper appropriation, and when, upon the discovery of reason for suspension in the usual course of examination of entries and contest, hearings are ordered between contending parties, the costs will be paid as required by Rule 53.

Rule 60. The costs provided for by the preceding rules will be collected by the register when the parties are brought before him in obedience to the order for hearing.

Rule 61 was abolished by Circular No. 962, approved October 10, 1924 (50 L. D. 656).

Preparation Of Notices

Rule 62. All notices and other papers not required to be served by the register must be prepared and served by the respective parties.

Rule 63. The register will require proper provision to be made for such notices not specifically provided for in these rules as may become necessary in the usual progress of the case to final decision.

Appeal From Decision Rejecting Application To Enter Public Lands

Rule 64. To facilitate appeals from his action relative to appli- cations to file, enter, or locate upon the public lands, the register will —

(a) Indorse upon every rejected application the date of presenta- tion and reasons for rejection.

(&) Promptly advise the party in interest of the action and of his right of appeal.

(c) Note upon his records a memorandum of the transaction.

Rule 65. The party aggrieved will be allowed 30 days from receipt of notice in which to file notice of appeal in the district land office. The notice of appeal, when filed, will be forwarded to the gen- eral land office with full report upon the case, which should recite all the facts and proceedings had and must embrace the following par- ticulars :

(a) The original application, with reasons for the rejection thereof.

(h) Description of the tract involved and statement of its status, as shown by the records of the district office.

648 Appendix — Rules Of Practice

(c) Reference to all entries, filings, annotations, memorandum, and correspondence shown by the record relating to said tract and to the proceedings had.

n

Proceedings Before The District Cadastral Engineer

Rule 66. The proceedings in hearings and contests before the district cadastral engineer shall, as to notices, depositions, and other matters, be governed as nearly as may be by the rules prescribed for proceedings before registers, unless otherwise provided by law.

PROCEEDINGS BEFORE THE COMMISSIONER OF THE GENERAL LAND OFFICE AND SECRETARY OF THE INTERIOR

Examination And Argument

Rule 67. The commissioner will cause notice to be given to each pai-ty in iritcrest whose address is known of any order or decision alfecting the merits of the case or the regular order of proceedings therein.

Rule 68. No additional evidence will be admitted or considered by the commissioner unless offered under stipulation of the parties or in support of a mineral application or protest ; provided, however, that the connnissioner may order further investigation made or evidence sub- mitted upon particular matters to be by him specifically designated.

Affidavits or other ex parte statements filed in the office of the com- missioner will not be considered in finally determining any controversy upon the merits.

Rule 69. After receipt of the record by the commissioner 30 days will be allowed to expire before any action is taken thereon, unless, in tlie judgment of the commissioner, public polic.v or private necessity shall require summary action, in which event he will proceed at his discretion, first notifjing the attorneys of record of his intention so to do; provided, that where no appeal has been filed the case may be immediately considered and disposed of.

Rule 70. If brief is not filed before a case is reached in its order for examination, the argument will be considered closed, and no further argument or motion of any kind will be entertained, except upon appli- cation and upon good cause appearing to the commissioner therefor.

Rule 71. In the discretion of the commissioner, oral argument may be presented, at a time to be fixed by him and upon notice to oppos- ing counsel, which notice shall specify the time for such argument and the specific matter to be discussed. Except as herein provided, oral hearings or suggestions will not be allowed.

Rehearings

Rule 72. No motion for rehearing of any decision rendered by I he Commissioner of the General Land Office will be allowed.

Appeal To Secretary Of Interior 649

Motions

Rule 73. No motion shall be entertained or considered in any case after the record has been transmitted to a reviewing officer.

In ex parte cases, Avhere the entryman has been allowed by the com- missioner to furnish additional evidence or to show cause, or, in the alternative, to appeal, both the evidence or showing and the appeal are filed, the commissioner shall pass upon the evidence or showing sub- mitted, and, if found sufficient, note the appeal as closed. If such evidence or showing be found insufficient, the appeal will be forwarded to the secretary as in other cases.

Appeal From The Commissioner To The Secretary

Rule 74. Except as herein otherwise provided, an appeal may be taken to the Secretary of the Interior from the final decision of the commissioner in any proceeding relating to the disposal of the public lands and private claims.

Rule 75. No appeal shall be had from the action of the commis- sioner affirming the decision of the register in any case where the party adversely affected shall have failed to appeal from the decision of said register.

Rule 76. Notice of appeal from the commissioner's decision must be served upon the adverse party and filed in the office of the register, or in the general land office within 30 days from the date of service of notice of such decision."

Rule 77. When the commissioner considers an appeal defective he will notify the party thereof ; and if the defect be not cured within 15 days from the date of receipt of such notice, the appeal may be dis- missed and the case closed.

Rule 78. In proceedings before the commissioner in which he shall decide that a party has no right to appeal to the secretary, such party may apply to the secretary for an order directing the commis- sioner to certify said proceedings to the secretary and suspend action until the secretary shall pass upon the same ; such application shall be in writing, under oath, and fully and specifically set forth the grounds upon which the same is made.

Rule 79. When the commissioner shall decide against the right of appeal he will suspend action on the case for 20 days from service of notice of such decision to enable the party against whom the decision is rendered to apply to the secretary for an order certifying the record as hereinabove provided.

Rule 80. The appellant will be allowed 20 days after service of notice of appeal within which to serve and file brief and specification of error, as provided by Rule 50, the adverse party 20 days after service of such within which to serve and file reply thereto ; appellant will be allowed 10 days after service of such reply within which to serve and file response; provided, however, that if either party is not repre- sented by counsel having offices in the city of Washington, 10 days in addition to each period above specified Avill be allowed within which to serve and file the respective briefs.

10 Construed in 54 L. D. 145, 146.

650 Appendix — Rules Of Practice

No arguments otherwise than above provided shall be made or filed without permission of the secretary or commissioner granted upon notice to the adverse party.

Rule 81. (Abolished.)

Oral Argument Before The Secretary

Rule Oral argument in any case pending before the Secre- tary of the Interior will be allowed, on motion, in the discretion of the secretary, at a time to be fixed by him, after notice to the parties. The counsel for each party will be allowed only one-half an hour, unless an extension of time is ordered before the argument begins.

Rehearing Of Secretary'S Decision

Rule Motions for rehearing before the secretary must be filed within 30 days after receipt of notice of the decision complained of and will act as a supersedeas of the decision until otherwise directed by the secretary'. Such motions, briefs, and arguments must not be served on the opposite party and must be filed directly with the Secretary of the Interior, Washington, D. C.

Any such motion must state concisely and specifically the grounds upon which the motion for rehearing is based and be accompanied by brief and argument in support thereof.

If proper grounds are not shown the rehearing will be denied and sent to the files of the general land office, whereupon the commissioner will proceed to execute the decision before rendered. If upon exam- ination grounds sufficient for rehearing are shown, a rehearing will be granted and the moving party will be notified that he will be allowed 15 days from receipt of notice within which to serve a copy of his motion, together with all argument in support thereof, on the opposite jiarty, who will be allowed 30 days thereafter in which to file and serve answer, brief, and argument. Thereafter the cause or matter will be again considered and appropriate action taken, which may consist either in adhering to the former decision or modifying or vacating the same, or the making of any further or other order deemed warranted.

As applied to the Territory of Alaska, the periods of time granted by this rule shall be doubled.

Motions For Review And Rereview

Rule 84. Motions for review and rereview are hereby abolished.

Supervisory Power Of Secretary

Rule 85. Motion for the exercise of supervisory power will be con- sidered only when accompanied by positive showing of extraordinary emergency or exigency demanding the exercise of such authority.

In proceedings before the Secretary of the Interior the same rules shall govern, in so far as applicable, as are provided for proceedings before the Commissioner of the General Land Office.

Rule 86. No rule here prescribed shall be construed to deprive the Secretary of the Interior of any direct or supervisory power conferred upon him by law.

"Amended Nov. 6. 1911. u Amendwi Oct 25. 1916.

8Ervice Of Notice 651

Attorneys

Rule Every attorney, before practicing before the Depart- ment of the Interior and its bnreaas, ninst rornply witli the require- ments of the reprulations prescribed by the Secretary of the Interior pursuant to section 5 of the act of July 4, 1884 (23 Stats. 101).

Rule 88. In all eases where any party is represented by attorney, such attorney will be recognized as fully controlling the same on behalf of his client, and service of any notice or other paper relating to such proceedings upon such attorney will be deemed notice to the party in interest.

Where a party is represented by more than one attorney service of notice or other papers upon one of said attorneys shall be sufficient.

Rule 89. No person hereafter appearing as a party or attorney in any case shall be entitled to notice of any proceeding therein who does not, at the time of appearance, file in the office in which the case is pending a statement shovdng his name and post-office address and the name and post-office address of the party whom he represents.

Rule 90. Any attorney in good standing employed, and whose appearance is regularly entered in any case pending before the depart- ment, will be allowed full opportunity to consult the records therein, together abstracts, field notes, tract books, and correspondence which is not deemed privileged and confidential.

Rule 91. Verbal or other inquiries by parties or counsel directed to any employee of the department, except the commissioner, assistant commissioner, or chief of the division of the general land office, or the secretary and assistant secretaries, the solicitor, members of the board of appeals, or the supervising attorney, or with the consent of one or more of said officers, is expressly forbidden.

Rule 92. Abuse of the privilege of examining records of the department or violation of the foregoing rule by any attorney will be treated as sufficeint for institution of disbarment proceedings.

Service Of Notice

Rule Fifteen days, exclusive of the day of mailing, will be allowed for transmission of notice or other papers by mail from the general land office, except in case of notice to resident attorneys, in which case one day will be allowed.

In computing time for service of papers under these rules of prac- tice the first day shall be excluded and the last day included ; provided, that where the last day is a Sunday, a legal holiday, or half holiday such time shall include the next full business day.

Rule Notice of all motions and proceedings before the com- missioner or secretary, except as specified below, shall be served upon parties or counsel personally or by registered mail, and no motion will be entertained except on proof of service of notice thereof. As to motions for rehearing, petitions for certiorari and petitions for the exercise of supervisory authority before the secretary, service of notice shall be made only after such proceeding has been entertained and service directed, as provided by Rule 83.

13 Amended April 9, 1915. "Amended April 30, 1917. 15 Amended Sept. 28, 1917.

652 Appendix — Rules Of Practice

Rule 96. Ex parte proceedings and proceedings in which the adverse party does not appear will, as to notice of decision, time for appeal, and filing of exceptions and arguments, be governed by the rules prescribed in other cases, so far as the same are applicable. In such cases the commissioner or secretary may, pursuant to application and upon good cause being shown therefor, permit additional evidence to be presented for the purpose of curing defects in the proofs of record.

Intervention

Rule 97. No person shall be allowed to intervene in any case except upon application therefor, under oath, showing his interest therein.

HOW transferees and incumbrancers may entitle themselves to notice of contest or other proceedings

Rule Transferees and incumbrancers of land the title to which is claimed or is in process of acquisition under any public-land law shall, upon filing notice of the transfer or incumbrance in the dis- trict land office, become entitled to receive and be given the same notice of any contest or other proceeding thereafter had affecting such land which is required to be given the original entryman or claimant. Every such notice of a transfer or incumbrance must be forthwith noted upon the records of the district land office and be promptly reported to the general land office, where like notation thereof will be made. There- after such transferee or incumbrancer, as well as the entryman, must be made a party defendant to any proceeding against the entry.

acknowledgment of the filing of applications and other papers

Rule The secretary and the commissioner of the general land office will not acknowledge the receipt of papers forwarded by mail, but if a prepared receipt is forwarded to a district land office with any paper the register will sign and return the receipt to the party who forwarded the same, after inserting the date and the serial number.

notice of preference right

Rule 100. Where preference right of entry is awarded under sec- tion 2 of the Act of May 14, 1880 (21 Stats. 140), the register will, after service of notice of such right upon contestant and the expiration of the 30 days allowed for exercise thereof, transmit to the commissioner of the general land office by special letter the evidence of service for filing with the canceled entry* record. A fee of $1 for giving such notice must be tendered to the register of the district land office before any application for the land will be approved.

William Spry, Commissioner. Approved :

B. C. Finney,

First Assistant Secretary.

"Adopted Sept. 23, 1916. " Adopted Nov. 10, 1915.

Must Define Boundaries

Californian Statutes

Public Resources Code— Chapter Iv"

[Chap. 93, Stats. 1939]

Mining Claims, Tunnel Rights And Mill Sites

Section

Secti(

Lode claims, how located.

Boundaries.

Placer claim.

Discovery shaft.

Discovery work on placer claims.

Discovery work on relocations.

2306.5. Discovery work on placer claims,

previously located.

Locations, when void.

Tunnel rights, location of

Boundaries.

Amended notice.

Surveyed claims.

Mill location.

Recording.

Yearly work required.

Record.

Recording fees.

Delinquent co-owners, notice to.

Notice as evidence of delinquenc.x

Response by delinquent.

Acknowledgment of delinquent

contribution.

Development work unperformed.

Records as evidence.

CJopies, same.

Effect on mining districts.

§ 2301. Any person, a citizen of the United States, or who has declared his intention to become a citizen, who discovers a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit,, may locate a claim upon such vein or lode, by defining the boundaries of the claim, in the manner hereinafter described, and by posting a notice of such location, at the point of discovery. The notice shall contain:

(a) The name of the lode or claim.

(b) The name of the locator or locators.

(c) The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the claim, and the general course of the vein or lode, as near as may be.

(d) The date of location.

(e) Such a description of the claim by reference to some natural object, or permanent monument, as will identify the claim located.

§ 2302. The locator or locators of any lode mining claim shall define the boundaries of the claim so that they may be readily traced, but in no case shall the claim extend more than fifteen hundred feet along the course of the vein or lode, nor more than three hundred feet on either side thereof as measured from the center line of the vein at the surface. Within sixty days after the date of location of any lode mining claim hereafter located, the locator or locators shall erect at each corner of the claim and at the center of each end line, or the nearest accessible points thereto, a post not less than four inches in diameter, or a stone monument at least eighteen inches high.

§ 1 states : "The provisions of this code, in so far as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments."

654 Appendix — Californian Statutes

§ 2303. The location of a placer claim shall be made in the fol- lowing manner:

{a) By posting thereon, upon a tree, rock in place, stone, post, or monument, a notice of location, containing the name of the claim, name of the locator or locators, date of location, number of feet or acreage claimed, and such a description of the claim reference to some nat- ural object or permanent monument as will identify the claim located.

(h) By marking the boundaries so that they may be readily traced. Where the United States survey has been extended over the land eiiibraccd in the location, however, the claim may be taken by legal subdivisions and no other reference than those of such survey shall be required, and the boundaries of a claim so located and described need not be staked or monumented. The description by legal subdivisions shall be deemed the equivalent of marking.

§ 2304. (a) Within ninety days after tlie date of location of any lode mining or placer claim hereafter located, the locator or locators thereof shall sink a discovery shaft upon the claim to a depth of at least ten feet from the lowest part of the rim of the shaft at the surface, or shall drive a tunnel, adit, or open cut upon the claim to at least ten feet below the surface,

(h) In lieu of the discovery work required by paragraph (a) of fhis section, the locator of a placer mining claim may, within ninety days of the date of location, excavate an open cut upon the claim, removing from the cut not less than seven cubic yards of material.

§ 2305. Within ninety days after the date of location of any placer mining claim hereafter located containing more than twenty acres, the locator or locators thereof shall perform at least one dollar's worth of work for each acre included in the claim. This work may all be done at one place on the claim if so desired, and shall be actual milling development work exclusive of cabins, buildings, or other surface structures. Nothing in this section shall be construed as a modification of the requirements of section 2304 of this code.

§ 2306. The relocation of any lode or placer mining location which is subject to relocation shall be made as an original location is required to be made, except that the relocator may either sink a new shaft upon the grouiid relocated to a depth of at least ten feet from the lowest part of the rim of the shaft at the surface, or drive a new tunnel, adil , or open cut upon the ground to at least ten feet below the surface ; or the relocator may sink the original discovery shaft ten feet deeper tlian it is at the time of relocation, or drive the original tunnel, adit, or open cut upon the claim ten feet further or, in the case of placer ntinivg claims, relocator raay cither excavate a new open cut upon the claim, removing from the cut not less than seven cubic yards of mate- rial, or remove from the original open cut not less than seven additional cubic yards of material.

§ 2306.5. As to any placer mining claim which has been otherwise validly located or relocated since the enactment of sections 1426da and 1426dc of the Civil Code and as to which claim the locator or relocator has not performed the work thereon required by those sections for the reason that literal compliance therewith was not feasible, the locator or relocator may perfect his claim by excavating an open cut thereon and remo>ir.g fi'om the cut not less than seven cubic yards of material;

Recording Notice 655

provided, that such work shall be completed within ninety days after the effective date of this section.

§ 2307. The failure or neglect of the locator or locators to comply with the requirements of sections 2301, 2302, 2304, 2305 or 2306 of this code shall render the location null and void, and no portion of the area within the location shall be subject to relocation by the same locator or locators within the period of three years from the date of the void location.

§ 2308. The locator of a tunnel right or location shall locate his tunnel right or location by posting a notice of location at the face or point of commencement of the tunnel, which notice shall contain :

(a) The name of the locator or locators.

(b) The date of the location.

(c) The proposed course or direction of the tunnel.

(d) Such a description of the tunnel by reference to some natural object or permanent monument as will identify the claim or tunnel right.

§2309. The boundary lines of the tunnel shall be established by stakes or monuments placed along the lines at an interval of not more than six hundred feet from the face or point of commencement of the tunnel to the terminus of three thousand feet therefrom.

§ 2310. If at any time the locator of any mining claim, or his assigns, apprehends that his original location notice was defective, erron- eous, or that the requirements of the law had not been complied with before filing, or in case the original notice was made prior to the passage of this chapter, and he is desirous of securing the benefit of this chapter, such locator, or his assigns, may file an amended notice, subject to the provisions of this chapter, if such amended location ilotice does not inter- fere with the existing rights of others at the time of posting and filing the amended location notice. No amended location notice or the record thereof shall preclude the claimant or claimants from proving any such title as he or they may have held under previous locations.

§ 2311. Where a locator, or his assigns, has the boundaries and corners of his claim established by a United States deputy mineral sur- veyor, or a licensed surveyor of this State, and his claim connected with the corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of such survey, and attaches to and files with such location notice a certif- icate of the surveyor setting forth (a) that the survey was actually made by him, giving the date thereof, (b) the name of the claim sur- veyed and the location thereof, and (c) that the description incorpor- ated in the declaratory statement is sufficient to identify the claim, such survey and certificate becomes a part of the record, and such rec- ord is prima facie evidence of the facts therein contained.

§ 2312. The proprietor of a vein or lode claim or mine, or the owner of a quartz mill or reduction works, or any person qualified by the laws of the United States may locate not more than five acres of nonmineral land as a mill site. The location shall be made in the same manner as required for locating placer claims.

§ 2313. Within ninety days after the posting of his notice of loca- tion upon a lode mining claim, placer claim, tunnel right or location, or mill site claim or location, the locator shall record a true copy of the

656 Appendix — Califorxian Statutes

notice, together with a statement of the markings of the boundaries as required in this chapter, and of the performance of the discovery work, in the office of the county recorder of the county in which such claim is situated. The county recorder shall receive a fee of one dollar for tliis service. [As amended: Chap. 644, Stats. 1941.]

§ 2314. The amount of work done or improvements made during each jar to hold possession of a mining claim shall be that prescribed bj' the laws of tlie United State>;, to wit : One hundred dollars annually.

§ 2315. Whenever a mine owner has performed the labor and made tlie improvements required by law upon any mining claim, the person in whose behalf such labor was performed or improvements made, or some one in his behalf shall, within thirty days after the time limited for performing such labor or making such improvements, make and have recorded by the county recorder, in books kept for that pur- pose, in the county in wl)ich the mining claim is situated, an affidavit setting forth the value of labor or improvements, the name of the claim, and the name of the owner or claimant of the claim at whose expense the labor was performed or the improvements were made. The affidavit, or n copy thereof, duly certified by the county recorder, shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.

§ 2316. For recording the affidavit required under section 2315, the county recorder shall receive a fee of ten cents per folio, twenty cents for endorsement, and ten cents for indexing the name of each claim and each owner.

§ 2317. Whenever a co-owner or co-owners of a mining claim give to a delinquent co-owner or co-owners the notice in writing or notice by publication provided for in section 2324 of the Revised Statutes of the United States, an affidavit of the person giving such notice, stating the time, place, manner of service, and by whom and upon whom service was made, shall be attached to a true copy of the notice, and the notice and fiffidavit shall be recorded in the office of the county recorder, in books kept for that purpose, in the county in which the claim is situated, witlin ninety days, after the giving of the notice. For recording the notice and affidavit, the recorder shall receive the same fees as are now allowed by law for recording deeds. If the notice is given by publica- tion in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the printer or his foreman, or principal clerk of such paper, stating the date of the first, last and each insertion of the notice therein, and where the newspaper was published during that time, and the name of the newspaper. The affidavit and notice shall be recorded within one hundred eighty days after the first publication thereof.

§ 2318. The original of such notice and affidavit, or a duly certi- fied copy of the record thereof, shall be prima facie evidence that the delinquent mentioned in section 2324 of the Revised Statutes of the Ignited States has failed or refused to contribute his proportion of the expenditure required by that section, and of the service of publication of the notice, unless the writing or affidavit hereinafter provided for is of record.

§ 2319. If such delinquent shall, within the ninety days required by section 2324 of the Rovi.ed Statutes of the United States, contribute

Records Of Dissolved Districts - 657

to his co-owner or co-owners his proportion of such expenditures and also all costs of service of the notice required by section 2317, whether incurred for publication charges or otherwise, such co-owner or co-own- ers shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delinquents by name has, within the time required by section 2324 aforesaid, contributed his share for the

year , upon the mine, and further stating therein the

district, county, and State wherein the claim is situated, and the book and page where the location notice is recorded, if the claim was located under the provisions of this chapter. Such writing shall be recorded in the office of the county recorder of said county, for which he shall receive the same fees as are now allowed by law for recording deeds.

§ 2320. If such co-owner or co-owners fail to sign and deliver such writing to the delinquent or delinquents within twenty days after such contribution, the co-owner or co-owners so failing shall be liable to a penalty of one hundred dollars to be recovered by any person for the use of the delinquent or delinquents in any court of competent juris- diction. If such co-owner or co-owners fail to deliver such writing within twenty days after such contribution, the delinquent, with two disinterested persons having personal knowledge of the contribution, may make affidavit setting forth in what manner, the amount of, to whom, and upon what claim, the contribution was made. Such affidavit, or a record thereof in the office of the county recorder of the county in which the claim is situated, shall be prima facie evidence of such con- tribution.

§ 2321. The failure or neglect of any locator of a mining claim to perform development work of the character, in the manner, and within the time required by the laws of the United States shall dis- qualify such locator from relocating the ground embraced in the orig- inal location or mining claim or any part thereof under the mining laws, within three years after the date of his original location, and any attempted relocation thereof by any of the orginal locators shall render such location void.

§ 2322. The record of any location of a mining claim, mill site, or tunnel right in the office of the county recorder, as provided in this chapter, shall be received in evidence and have the same force and effect in the courts of the State as the original notice

§ 2323. Copies of the records of all instruments required to be recorded by this chapter, duly certified by the recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are provided by law for using copies of instruments relat- ing to real estate, duly executed or acknowledged or proved and recorded.

§ 2324. The provisions of this chapter shall not in any manner be construed as affecting or abolishing any mining district or the rules and regulations thereof within the state.

§ 2326. Whenever any mining district in this State, organized or created under the laws of the United States, is dissolved, the officers or custodians of the records of the mining district shall deposit with the county recorder of the county, in which the district is located, all records

658 Appendix — Californian Statutes

of location notices or other documents affecting titles to mining claims in the mining district, shown by the records of the district.

County recorders of the several counties of the State of California shall accept any location notices and other documents affecting title to mining claims of dissolved mining districts. Thereafter all such notices and documents shall be open for public inspection. [Added by amend- ment, Chap. 706, Stats. 1941.]

Code Of Civil Procedure— Article Iii

Summary Sale Of Mines And Mining Interest

The provisions of the probate law of California in relation to the summary sale of mines and mining interests are as follows :

§ 1529. When it appears from the inventory of the estate of any decedent that his estate consists in whole or in part of mines, or interests in mines, such mines or interests may be sold under the order of the court having jurisdiction of the estate, as hereinafter provided.

§ 1530. The executor or the administrator, or any heir at law, or creditor of the estate, or any partner or member of any mining com- pany, in which interests or shares are held or owned by the estate, may file in the court a petition in writing, setting forth the general facts of the estate being then in due course of administration, and par- ticularly describing the mine, interest, or shares which it is desired to sell, and particularly the condition and situation of the mines or mining interests, or of the mining company in which such interests or shares are held, and the grounds upon which the sale is asked to be made.

§ 1531. Upon the presentation of such petition, the court, or a judge thereof, must make an order directing all persons interested to appear before such court, at a time and place specified, not less than four or more than ten weeks from the time of making such order, to show cause whj an order should not be granted to the executor or administrator to sell such mine, mining interests, shares, or stocks, as are set forth in the petition and belonging to the estate. A copy of the order to show cause must be personally served on all persons interested in the estate, at least ten days before the time appointed for hearing the petition, or published at least four successive weeks in such news- paper as such court or judge shall specify; provided, however, that when it appears from the inventory and appraisement that the value of the whole estate does not exceed the sum of two hundred and fifty dollars, the court, or a judge thereof, may at his discretion, order in lieu of publication that notices of the hearing be posted in at least three public places in the county. If all persons interested in the estate signify in writing their assent to such sale, the notice may be dispensed with.

§ 1532. If, upon hearing the petition, it appears to the satisfac- tion of the court that it is to the interest of the estate that such mining property or interests of the estate should be sold, or that an immediate sale is necessary in order to secure the just rights or interests of the mining partners, or tenants in common, such court must make an order authorizing the executor or administrator to sell such mining interests, mines, or shares, as hereinafter provided.

Ore Buyers License Application 659

§ 1533. After the order of sale is made, all further proceedings for the sale of such mining property, and for the notice, report, and confirmation thereof, must be in conformity with the provisions of article four of this chapter.

Postponement Of Trial Involving Title To A Mining Claim

''In actions involving the title to mining claims, or involving tres- pass for damages upon mining claims if it be made to appear to the satisfaction of the court that in order that justice may be done and the action fairly tried on its merits, it is necessary that further develop- ments should be made underground or upon the surface of the mining claims involved in said action, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial and to do said development work.''

Civil Code, § 595.

Ore Buyers License Act, Commonly Referred To As "The High Grade Bill"

Public Resources Code, Chap. 3

[Stats. 1939, Chap. 93]

§ 2250. It is unlawful for any person to engage in the Necessity business of milling, sampling, concentrating, reducing, refin- ing, purchasing, or receiving for sale, ores, concentrates, or amalgams bearing gold or silver, gold dust, gold or silver bul- lion, nuggets, or specimens without first procuring the license provided for by this chapter.

§ 2251. Every person who annually mills, samples, con- License tax centrates, reduces, refines, purchases, or receives for sale such ores, concentrates, or amalgams of the total value of one thou- sand dollars or more, shall pay a license tax of fifteen dollars a year to the state. Every person who annually mills, samples, concentrates, reduces, refines, purchases, or receives for sale such ores, concentrates, or amalgams of the total value of less than one thousand dollars shall pay a license tax of two dollars a year to the state.

§ 2252. No license shall be granted to any person, firm. License or association unless such person and the members of such firm ' or association are bona fide residents of the state, and of good moral character. No license shall be granted to any joint stock company or corporation unless such company or cor- poration is duly qualified to exist and do business under the laws of this state or unless such company or corporation has complied with all the laws of this state authorizing foreign corporations to do business in this state.

This chapter shall not be construed as requiring a license orespro- for any mill, sampler, concentration or reduction plant used owner exclusively by the owner in sampling, milling, or reducing or concentrating ores produced by such owner.

§ 2253. The application for a license to carry on such busi- Application ness shall be made to the State Mineralogist, and shall contain

660 Appendix — Californian Statutes

the full names and- addresses of the applicants, if natural persons, and in the case of firms and associations the full names and addresses of the members thereof, and in the case of corporations, the full names and addresses of the officers and directors thereof, and the place or places where the busi- ness is to be carried on. The application shall be sworn to by the person making it. difpuy*" 5 2254. Every license granted shall date from the first day license of the month in which it is issued and expire on the thirty- first day of the following December. The license or copies thereof shall be kept conspicuously displayed in the place or places of business of the licensee within the state.

appUMUM 5 2255. Every application shall be filed not less than thirty days prior to the granting of the license. Notice of the filing of the application shall be posted in the office of the State Mineralogist and shall be published, at the cost of the applicant, once a week for three successive weeks in a newspaper, published in the county or counties where the business is to be carried on. ™\eirinfts Protcst may be made by any person to the issuing of a license, and when such protests are filed with the State Mineralogist, he shall give notice of and hold a public hear- ing upon the protest before issuing the license. The State Mineralogist may reject any application for a license after a hearing upon the protest.

Revocation 2257. The State Mineralogist may revoke any license for failure on the part of the licensee to observe any of the provisions of this chapter, or when the licensee has violated the provisions of any law of the state relating to ore buying or of any law relating to larceny or receiving stolen property, but no license shall be revoked except upon written charges filed by two or more reputable persons as accusers, specifying the violations of law for which revocation is sought, and only after a public hearing as in the case of protests against the granting of licenses.

chSlw § 2258. Charges or protests against any licensee or appli-

protests: cant shall be made in writing to the State Mineralogist. Rea-

Notice sonable notice thereof, not less than three days, shall be given

to the licensee or applicant by serving upon him a copy of the

Hearing charges Or protest. A hearing shall be had before the State

Mineralogist within one w-eek from the date of the filing of

the charges or protest, and no adjournment shall be taken for

Calendar longer than one week. A daily calendar shall be kept of all

hearings by the State Mineralogist, which shall be posted in a

conspicuous place in his office for at least three days before

Record the date of such hearing. The State Mineralogist shall keep

a record of all charges, protest, and hearings, and may refuse

to issue and shall suspend or revoke any license for any good

cause shown, within the meaning and purpose of this chapter.

foiiwtoc 2259. When it is shown that any licensee or applicant, either before or after conviction, is guilty of any conduct in

Transcript Of Hearing 661

violation of this or any law relating to such business, the State Mineralogist shall suspend or revoke the license of the licensee, or reject the application of the applicant, but notice of the proposed action shall be presented to and a reasonable oppor- tunity shall be given to the licensee or applicant to be heard in his defense.

§ 2260. Whenever, for any reason, a license is revoked, the issuance of State Mineralogist shall not issue another license to the licensee "*!l"f*. until the expiration of at least one year from the date of tion revocation of the license. The State Mineralogist shall decide all matters submitted to him within thirty days from the time he takes them under advisement.

§ 2261. An application for a review of any order made by judicial the State Mineralogist granting, refusing, or revoking a license "' may be made to the superior court in and for the county where the aggrieved party resides, which court shall have the right and jurisdiction to review the action of the State Min- eralogist, by any person who may feel aggrieved by the order and whose name appears in the record of the proceedings before the State Mineralogist as a licensee, applicant for license, protectant, or accuser. The application shall be made Procedure by filing, in the office of the clerk of the court, a certified copy of the transcript of the proceedings before the State Mineralo- gist, including copies of all papers filed therein, accompanied by a short petition naming the person applying for the review as plaintiff and the State Mineralogist as defendant, and pray- ing for a review of the order.

§ 2262. Within ten days after filing the application, the Notice party applying for the review shall serve written notice of its pendency upon the State Mineralogist. If the review is of an order granting a license or refusing to revoke a license, the notice shall also be served upon the person to whom the license was granted or whose license was permitted to remain in force.

The notice may be served by personal delivery or by regis- tered mail, and proof of service shall big made to the satis- faction of the court if not admitted.

§ 2263. No review shall be allowed unless taken within Hearing and thirty days after entry of the order. The court shall try all such reviews upon the transcript and such evidence as may be offered and admitted. When the court has finally determined any such proceeding, it shall forthwith cause its order in the premises to be certified to the State Mineralogist. The costs in costs the review shall be awarded at the discretion of the court, and if any costs are awarded against the State Mineralogist, they shall be paid out of funds arising from the payment of license fees under this chapter. When a review of an order of the Review State Mineralogist revoking a license is had, such review shall JtaT operate as a stay upon the order. "p" """der

§ 2264. For the making of the transcript the State Min- Fee for eralogist shall collect from the person ordering it twenty-five

662 Appendix — Caltfornian Statutes

cents per folio of one hundred words and twenty-five cents for certiying it. orefetc"' 2265. Every person engaged in a business licensed under handled this chapter shall keep and preserve a book in which shall be entered at the time of the delivery of any ores, concentrates or amalgams bearing gold or silver, gold-dust, gold or silver bullion, nuggets, or specimens :

(a) The name of the person on whose behalf such ores, con- centrates, gold-dust, gold or silver bullion, nuggets or speci- mens are delivered.

(b) The weight, or amount, and a short description of each lot thereof.

(c) The name and location of the mine or claim from which it is stated that the lot has been mined or procured.

(d) The name of the person delivering it.

(e) The date of delivery.

(f) Whether the person making: the delivery is a lessee, superintendent, foreman, or workman in such mine.

ofSJJd 2266. Such book shall be open for inspection by the State Mineralogist, his deputies, officers, and agents, on ever} day except Sundays and legal holidays, between the hours of nine o'clock a.m. and five o'clock p.m.

If person, on his own behalf or being duly authorized by another, makes and files an affidavit with the State Mineral- ogist, stating that, to his best knowledge and belief, he or his principals, as the case may be, has, within the three months next preceding the filing of the affidavit, sustained a loss of any of the property described in section 2265, by theft or trespass, and that he believes that such property was delivered to a licensee under this chapter, naming the licensee, the State Mineralogist shall forthwith issue a permit to such person to examine the book kept by such licensee as provided in this chapter. Upon the presentation of the permit to the licensee, such person may inspect and examine Ihe entries made in such book during said period of three months, on the same terms and conditions as the State Mineralogist.

Reports of § 2267. Evcry licensee uudcr this chapter sliall file monthly

purchases State Mineralogist a report of all purchases made under this chapter. The reports shall be made upon form.s prescribed by the State Mineralogist and shall contain the information required by this chapter. Any licensee who fails or refuses to comply with the provisions of this section is guilty of a misdemeanor.

Seizure of § 2268. All oflficers and employees empowered by law or diSnM autliorized by a superior to enforce the provisions of this chap- ter are vested with the powers of peace officers to enforce the provisions hereof and may seize and hold any ores, concen- trates, or amalgams bearing gold or silver, gold-dust, gold or silver bullion, nuggets, or specimens wherever found and whenever there appear to be reasonable grounds to believe such property has been stolen or otherwise illegally taken, and

Failure To Keep Record 663

may hold such property for use as evidence in any action which may be brought.

§ 2269. Whenever any property so seized and held appears Return of to be no longer of use as evidence, it shall be delivered to the SiSei" owner thereof upon proof of such ownership. Any person procedure claiming ownership may file a petition in the superior court Je7swp of the county of his residence showing his claim or right thereto. A copy of the petition shall be served, at least twenty daj's before the hearing thereof, upon the Attorney General, who shall answer the petition. Upon the hearing of the peti- tion, the court shall try the issue as issues are tried in civil actions, and if it determines that the petitioner is entitled to the property, the court shall order it delivered to the peti- tioner.

§ 2270. If the ores, concentrates or amalgams are not so Action to delivered to the owner thereof, they shall, after a period of five years from the date upon which they were seized and held, escheat to the state upon action brought by the Attorney Gen- eral in the superior court in and for the county of Sacramento. All persons claiming to be owner or having any right or inter- Parties est therein shall be joined as parties defendant in the action. Service of process shall be made as summons is served in other service of civil actions upon any known claimant and by publication "'""'' thereof, before the trial of the action, at least once a week for three successive weeks in a newspaper of general circulation printed and published in the county of Sacramento.

§ 2271. Upon the trial, the court shall hear all parties who Trial and have appeared. If any party proves ownership or, that he has any right or interest therein, the court shall make an order for the delivery of the property to him, or the sale thereof and a distribution of the proceeds to discharge the right or interest which he has therein, the balance of the pro- ceeds to escheat to the state ; otherwise, the court shall declare the property to have escheated to the State. Thereafter the saie of State Mineralogist may sell the ores, concentrates and amal- gams not theretofore sold by court order and shall account for and report the proceeds of the sale to the State Controller and at the same time remit the money to the state treasury to be credited to the General Fund. [Amended, Chap. 211, Stats. 1943],

§ 2272. Anj licensee under this chapter who fails or Penalties neglects or refuses to keep and preserve the book herein pro- vided for, shall forfeit his license and shall also be liable to the penalties provided in section 2274.

Any licensee or other person who knowingly makes any false entries upon such book, or knowingly enters or causes to be entered any false or fictitious names upon such book, shall be liable to the penalties provided in section 2274.

Any licensee who refuses to permit any duly authorized person to inspect such book or the entries therein shall forfeit his license and is guilty of a misdemeanor.

664 Appendix — Californian Statutes

Penalty for § 2273. Any pei'soii who knowingly makes any false state- ""smmeiS iTients Concerning any of the facts required to be stated in

sections 2265 or 2266 is guilty of a misdemeanor. Enforcement 2274. Any violation of' sections 2250, 2251, 2252, 2265, of chapter 2267, or 2272 is a misdemeanor, punishable by a fine of not less than one hundred dollars and not more than one thousand dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or both such fine and imprisonment. The State Mineralogist shall notify the district attorney of the county in which the offense occurs of any such violation, and the district attorney shall institute criminal proceedings for the enforcement of this chapter before any court of competent jurisdiction. Disposition All forfeited bail and fines received under the provisions of "''ban and this scctiou shall be sent without delay by the magistrate fi" receiving them, fifty per cent to the State Treasurer, to be deposited in the State Treasury to the credit of the General Fund and fifty per cent to the city treasurer of the city, if incorporated, or to the county treasurer of the count} in which the prosecution is conducted. [Amended, Chap. 211, Stats. 1943]. Kemittai.ee § 2275. All mouey received by the State Mineralogist of receipts chapter, shall be accounted for and reported monthly to the State Controller, to be remitted by the Con- troller, to the State Treasury to the credit of the General Fund. All money deposited v/ith the State Mineralogist for fees for licenses which have not been granted shall be retained by him in the trust fund of the division to be remitted to the State Treasurer upon issuance of the license or returned to the applicant in case a license is refused. [Amended, Chap. 211, Stats. 1943].

(Added by Stats. 1939, Ch. 97, as part of codification.)

Miner'S Inch Defined

An act fixing and defining a miner's inch of water. (Approved March 23, 1901.)

The people of the state of California, represented in senate and assem- bly, do enact as follows:

Section 1. The standard miner's inch of water shall be equiva- lent or equal to one and one-half cubic feet of water per minute, meas- ured through any aperture or orifice.

Sec. 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

Sec. 3. This act shall be in effect and force sixty days from and after its passage.

Pollution Of Domestic Water Supply 665

Fencing Abandoned Shafts

An act to provide for the covering or fencing of abandoned mining shafts, pits or excavations, the penalty, and also the penalty for removing or destroying the covering or fencing from same.

(Approved March 20, 1903.)

The people of the state of California, represented in senate and assembly do enact as follows :

Section 1. All abandoned mining shafts, pits or other abandoned excavations dangerous to passers-by or live stock shall be securely covered or fenced, and kept so, by the owners of the land or persons in charge of the same, on which such shafts, pits or other excavations are located. Any person or persons failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor.

Sec. 2. All abandoned mining shafts, pits or other excavations situ- ated on unoccupied public lands may be securely covered or fenced by order of the board of supervisors of the county wherein the same is situated, and it shall be the duty of the board of supervisors to keep the same securely fenced or covered whenever it appears to them, by proof submitted, that the same is dangerous or unsafe to man or beast. The cost of said covering or fencing to be a county charge.

Sec. 3. Any person or persons maliciously removing or destroying any covering or fencing placed around or over any shaft, pit or other excavation, as hereinbefore provided, shall be deemed guilty of a mis- demeanor.

Sec. 4. This act shall take effect six months from the day of passage.

PROTECTION OF DOMESTIC WATER SUPPLIES FROM POLLUTION BY PLACER MINING OPERATIONS

[Chap. 1215, Stats. 1941.]

The people of the State of California do enact as follows:

Section 1. Any person, firm or corporation, other than placer mine operators who hold permits from the California Debris Commission to operate, who has been engaged or who shall engage in the operation of a placer mine on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento or San Joaquin rivers shall record in the office of the county recorder of the county in which its mine is situate, within 60 days from and after the effective date of this act, or, if operations are commenced after the effective date, then within 30 days after the commencement of such operations, a verified statement verified by the operator or by some one in behalf of the operator, showing :

(1) A description of the ground proposed to be mined by placer mining methods, described by United States Government subdivisions where possible.

(2) The names and addresses of the owners of the ground,

(3) The names and addresses of the operators of the mine.

(4) The proposed means or methods of placer mining operation.

666 Appendix — Californian Statutes

(5) The means whicli the operator proposes to use to prevent the pollution of an}' stream by the effluent from such operations.

In tlie event an owner or operator changes his address, or of a transfer of ownership or chancre of operator of any such mining property, then within 10 days after any such transfer or change, a notice setting forth the names and addresses of the new owners or operators shall be filed in the office of the county recorder.

Sec. 2. No placer mining operator who does not hold a permit to operate from the California Debris Commission shall mine by placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento or San Joaquin rivers without takinjr the following precautions to prevent pollution of the stream by the effluent from operations :

( 1 ) Constructing a settling pond or ponds of sufficient size to permit the clarification of water used in the mining processes before the water is discharged into the stream.

(2) Mixing with the effluent from mining operations aluminum sulphate and lime, or an equivalent clarifying substance which will cause the solid material in the effluent to coagulate and thus avoid rendering the water in the stream unfit for domestic water supply purposes.

(3) Notwithstanding the provisions of Subdivision 2 of this section, any placer miner who is operating by dredging process and who desires to transport his dredger across a stream where the expense of construct- ing settling ponds in the stream itself would, in the opinion of the operator, be unduly heavy, shall have the right to conduct the dredger across the stream without constructing a settling pond under the follow- ing procedure : The operator shall give to the clerk or secretary, as the case may be, of each citj'' or district owning or operating a domestic water supply the clarity of which is likely to be affected by the crossing operation, notice of the intent of the operator to cross the stream. Such notice shall be given at least seven days in advance of the date that the operator expects to cross the stream with his dredger. Upon the expira- tion of the notice the operator may during the following 48 hours conduct his dredger across the stream even though some turbidity may be caused by the crossing operation. Having crossed the stream the operator shall thereupon and thereafter in its further operations observe the provisions of Subdivision 2 of this section.

Sec. 3. Any person, firm or corporation who fails to record the notice provided for in Section 1, or to install the protective devices or to give the notice provided for in Section 2, or both, shall be guilty of a misdemeanor. The operation of any placer mine on ground not covered by a permit to the operator from the California Debris Commission, without compliance with the provisions of both Sections 1 and 2 hereof, is hereby declared to be a public nuisance which may be enjoined upon suit brought by the district attorney of the county in which the operation has been conducted, or by any city or district whose domestic water supply is rendered unfit or dangerous for human consumption by the acts, or failure to act, of the operator. The superior court of the county in which the operation is conducted shall have jurisdiction to hear and determine the action and to award such relief as may be proper therein. Nothing in tliis act contained, however, sliall be deemed or construed to deprive the State, any city, city and county, county, district, person, firm or corpo- ration of any right to bring and maintain any action or proceeding, in

Trinity-Klamath River District 667

any jurisdiction, which it was entitled to bring or maintain prior to the enactment of this act, or to receive or obtain in any such action any remedy accorded to it under existing law.

Sec. 4. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The Legislature hereby declares that it would have passed this act and each section, sub- section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Mining Debris In The Trinity And Klamath River Fish And Game District

This act amends Section 482 of the Fish and Game Code. [Chapter 306, Stats. 1937.]

482. (a) It is unlawful to conduct any mining operations in the Trinity and Klamath River fish and game district between July 1 and November 30, both dates inclusive, except when the debris, substances, tailings or other effluent from such operations do not and can not pass into the waters in said district.

(b) It is unlawful between July 1 and November 30, both dates inclusive, to pollute, muddy, contaminate, or roil the waters of the Trinity and Klamath River fish and game district. It is unlawful between said dates to deposit in or cause, suffer, or procure to be deposited in, permit to pass into or place where it can pass into said waters, any debris, substance or tailings from hydraulic, placer, milling or other mining operation affecting the clarity of said waters. The clarity of said waters shall be deemed affected v/hen said waters at a point a distance of one mile below the confluence of the Klamath River and the Salmon River or at a point a distance of one mile below the confluence of the South Fork of the Trinity River and the Trinity River contain fifty (50) parts per million, by weight, of suspended matter, not including the natural turbidity of said river or rivers.

(c) It is unlawful, between July 1 and November 30, both dates inclusive, to carry on or operate any hydraulic mine of any kind on, along, or in any waters flowing into said Trinity and Klamath River district, provided, however, nothing herein contained shall prevent the operation of a hydraulic mine where the tailings, substance, or debris, or other effluent therefrom, does not or will not pass into said waters of said Trinity and Klamath River fish and game district, between said dates, and provided further that person, firm or corporation engaged in hydraulic mining shall have the right until the fifteenth day of July to use water for the purpose of cleaning up.

(d) Any structure or contrivance which causes or contributes, in whole or in part, to the condition, the causing of which is in this section prohibited, is a public nuisance, and any person, firm or corporation maintaining or permitting the same shall be guilty of maintaining a public nuisance, and it shall be the duty of the district attorney of the

668 Appendix Statutes, California And Other States

county where the condition occurs or the acts creating the public nuisance occur, to bring action to abate such public nuisance.

(e) Any person, firm, or corporation violating any of the provisions of this section is guilty of a misdemeanor.

Sec. 2. This act is hereby declared to be an urgency measure necessary for the immediate preservation of public peace, health and safety within the meaning of Section 1 of Article IV of the Constitution of this State. A statement of the facts constituting such necessity is as follows :

The streams guarded against pollution by this act constitute an extensive recreation district and the preservation of the mining industry is vita] to the State of California and in order that the health of visitors be protected and recreation facilities protected during the summer months of this year it is necessary that this act take immediate effect.

Navigable Waters

Section 2349 of the Political Code was amended (Chap. 276, Stats. 1933) by adding the following to the list of ' streams and waters declared navigable and to the public ways : ' '

The Klamath River from its mouth in Del Norte County to its con- fluence with the Shasta River in the county of Siskiyou ; provided that nothing herein shall abrogate or infringe existing mining rights or the rights of locating or operating mining claims thereon, otherwise than by being made subject to the public rights of way herein declared.

Miscellaneous Penal Legislation Affecting Ores

Alaska. Takingr ore. mineral amalgam, etc., with intent to .steal the same. Sess. Ltfiws (1913), p. 37. To prevent interference with samples or bullion and making false returns. Sess. Laws (1923), p. 93,

Arizona. Falsifying of ores. Rev. Stats. (1901), p. 1269, § 484. Salting of ores. /d, p. 1272, § 494.

California. See sections of Public Resources Code quoted supra.

Colorado. Mingling base metals with ore. 2 Mills' Ann. Stats. (1925), p. 886, S 1997. Ore buyers— purchasing ores unlawfully. 3 Id., pp. 2182, 2182c, §§ 4961 to 4966. Substituting ores. Id., p. 2183. Regulating the purchase of ores, p. 2183, §§ 4968,

Idaho. Alteration of ores. Comp. Stats. (1919), p. 2374, § 8497. Use of fraudu- lent scales for ore. Id., p. 2374, § 8496.

Montana. Penalty for commingling foreign substances with ores. 1 Choates Rev. Codes (1921), p. 1267, § 3438. Making false samples of ore. Id., p. 203, § 11421. Use of false pretenses in selling mines. 4 Id., p. 203, § 11419. Changing samples for assay. 4 /d., p. 203, § 11420.

Nevada. Recovery of stolen ore and metals. 2 Hillyer's Comp. Laws (1930), pp. 1227 to 1229. f § 4181 to 4184. Regulating purchase of ore, p. 1230, §§ 4185 to 4189. Regulation of persons handling ore for others. Id., p. 1231, S 4190. Changing value of ores. 5 /d., p. 3177, § 10398.

Neio Mexico. Ore purchases and receipts. Comp. Laws (1929), p. 1147, IS 88- 301. Purchasing stolen ore. Id., p. 1148, § 88.

Oregon. Robbing or attempting to rob any flume, rocker, quartz mill, etc., or trespassing upon a mining claim with Intent to commit a felony. 1 Code (1930), p. 1294, ii 14-374. Penalty for conversion of mine yield by bailee. 3 Code, p. 4285, § 53.

Utah. Larceny from mining claim, etc. Comp. Laws (1917), p. 1603, §8286. Salting mines, fraudulent assay. Id., p. 1611, I 8348. Changing samples or a.ssay crtlflcate. Id., p. 1611, 8349. Making or publishing false assay. Id., p. 1189, 3823. Wrongful taking of ores. Rev. Stats., i 1536.

Waahington. Salting mines. 1 Pierce's Code (1921), p. 1189, 3821. Changing mniples. Id., p. 1189, f 3822. False samples. Id., p. 1189, $ 3823.

Wyoming. Providing penalty for salting. Comp. Laws (1920), p. 808, S 4386. Having or receiving counterfeit gold dust. Id., p. 1277, I 7288.

Canadian High-Grade'' Act

The Canadian (Ontario) act concerning "Highgradingr" is entitled "The Unwrought Metal Sales Act" of 1924. Its provisions, in part, are as follows, viz:

"3. Every person who not being a license holder buys, sells, deals In, receives or disposes of by way of barter, pledge or otherwise, either as principal or agent, any unwrought metal, shall be guilty of an offense against this act and shall, on summary conviction thereof, in the cane of a first offense, incur a penalty not exceeding $500 and in addition thereto may be imprisoned for a period not exceeding one year, and for a second or any subsequent offense, shall incur a penalty not exceeding $1,000 and shall be imprisoned for a period of one year, 1924 c. 20, s. 4.

"4. Every person who knowingly purchases or in any other manner acquires pos- session of unwrought metal from any person other than a license holder shall be guilty of an offense and shall on summary conviction thereof incur the penalties provided In section 3, 1924, c. 20, s. 5."

APPENDIX B FORiMS AND PRECEDENTS

Non-Mineral Affidavit 673

Appendix B Forms And Precedents

FORM No. 1 AFFIDAVIT OF ANNUAL EXPENDITURE

State of

County of.

ss.

being first duly sworn, deposes and

says, that at least dollars' worth of labor was performed

(or improvements made) between the day of ,

19 , and the day of , 19 , upon

the Mining Claim, situate in the

Mining District, County of , State of

Such expenditure was made by or at the expense of

the owner of said claim, for the purpose of complying with the laws of the United States and of the State of pertain- ing to annual assessment work.

Said labor, so performed, (or improvements so made) being as fol- lows :

(Describe the labor or improvements. )

Subscribed and sworn to before me this day of ,

Notary Public.

In and for the County of State of

My commission expires

FORM No. 2

Non-Mineral Affidavit

Department of the Interior

U. S. Land Office , No..

This affidavit caa be made only on personal knowledge, and can not be made on information and belief,

, being duly sworn

according to the law, deposes and says that I am the identical person

or agent for , who is an applicant

for government title to the

Section ,

Township , Range , Meridian;

674 Appendix — Forms And Precedents

that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my personal knowledge of said land is such as to enable me to testify understandingly with regard thereto; that there is not, to my knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not within the limits of said land, to my knowledge, any placer, cement, gravel, or other valuable mineral deposit; that the land contains no salt spring, or deposits of salt in any form sufficient to render it chiefly valuable therefor; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise ; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially non- mineral land, and that the application therefor is not made for the purpose of fraudulently obtaining title to mineral land, but with the object of securing said land for agricultural purposes; that the said land is not occupied and improved by any Indian, and that my post- office address is

(Sign here with full Christian name.)

Note. — Every person swearing falsely to the above affidavit will be punished as provided by law for such offense. (See Sec. 125, U. S. Criminal Code, below.)

I Hereby Certify that the foregoing affidavit was read to or by affiant in my presence before affiant affixed signature thereto; that affiant is to me personally known (or has been satisfactorily identified

before me by ) ;

{Give full name and post-office address.) that I verily believe affiant to be a credible witness and the identical person hereinbefore described, and that said affidavit was duly sub- scribed and sworn to before me, at my office, in ,

{Town.)

within the

{County and State.)

land district, this day

of , 19

{Official designation of officer.)

United Btatb8 Criminal Code, — Chap. 6

8c. 125. Whoever, having: taken an oath before a competent tribunal, officer, or person, In any case In which a law of the United States authorizes an oath to be admin- istered, that he will testify, declare, depose, or certify truly, or that any written testi- mony, declaration, deposition, or certificate by him subscribed, is true, shall wilfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and Imprisoned not more than Ave years. (Act, March 4, 1909. 35 Stat, 1111.)

Appointment Of Statutory Agent 675

FORM No. 3

Articles Of Incorporation

(As Articles of Incorporation must conform to the laws of the State or Territory within which the corporation may be organized, only the "purposes" of a mining cor- poration are subjoined.)

The business, objects and purposes to be transacted, promoted and carried on by this corporation, and the purposes for which it is formed are locating, working, developing, leasing, buying, selling, and otherwise dealing in mines, mining locations, mining claims, mining rights, mineral deposits, mill-sites, tunnel-claims or rights, Avater rights, mining plants, mining dredges, machinery, or works used in connection therewith. Also, to engage in and carry on the business of dredging for gold and other mineral substances or deposits, in water or upon land. Also, to engage in and carry on the business of boring for, producing, owning, holding, buying and selling petroleum oils, natural gas, asphaltum, bitumen, and other hydro-carbon substances. Also, to produce, gener- ate, or otherwise obtain electric light, power, and heat. Also, to engage in and carry on the business of crushing, smelting, milling, calcining, refining, dressing, concentrating, cyaniding, generating, manipulating, and preparing for market gold, silver, quicksilver, lead, tin, copper, zinc, iron, or other ore, coal, slag, petroleum oil, metals, and mineral substances of all kinds ; and to carry on any other reducing, smelting, or metallurgical operations which may seem conducive to any of this corporation's objects, purposes or business. Also, to engage in and carry on the business of buying, selling, manufacturing, and dealing in ores, tailings, slag, metals, mining plants, machinery, implements, conveniences, provisions and things used in connection with the busi- ness of this corporation, or required by the workmen and others employed by this corporation.

Also, the entering into partnerships, or into any arrangement for sharing profits, union of interests, cooperation, joint adventure, recip- rocal concession or otherwise, with any person, firm or corporation carrying on or engaged in, or about to carry on and engage in any business or transaction which this corporation is authorized to carry on, or engage in any business or transaction capable of being conducted so as to directly or indirectly benefit this corporation. Also, to take and acquire, by purchase or exchange, or other lawful modes, and to hold, own, deal in, sell, and otherwise dispose of the capital stock or bonds of other corporations.

And, in general to do, and perform any and every other act or acts, or things, of whatsoever name or nature, incident to, growling out of or connected with the purposes, objects and business for which this cor- poration is formed.

FORM No. 4 APPOINTMENT OF STATUTORY AGENT

Know All Men by These Presents :

That , corporation

organized fc.nd existing under the laws of ,

has designated, constituted, and appointed, and by these presents does

See 9 Fletcher on Corporations, p. 9920, § 5902, n. 66.

676 Appendix — Forms And Precedents

hereby designate, constitute, and appoint ,

residing in , State of ,

its true and lawful attorney upon whom process issued by authority of

or under any law of said State of in any action or

proceeding against it may be served; and service of such process on said representative shall constitute a valid and binding service on said corporation.

In witness whereof, the said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto

affixed, by its officers thereunto duly authorized, this

day of , 19

FORM No. 5 AGREEMENT TO SELL

(Precedent in Eisleben v. Brooks, 179 Fed. 86)

Memorandum of agreement made and entered into in duplicate

at this day of ,

19 , by and between and

both of parties of the first part, and

all of , parties of the

second part, witnesseth : That the parties of the first part are the own- ers and holders of options on the mineral rights and are in process of acquiring under purchase options and leases, other mineral rights in

all, or as much thereof as can be had, of what is known as

in counties in the state of

Money is needed for the immediate prospecting of and the purchas- ing of said mineral rights from said first parties, and the parties of the second part agree to furnish such funds.

The parties of the first part agree to convey by proper deeds and

transfers to of , as trustee,

or his successor in person or corporation, all of said mineral rights now owned by them or whether they acquire an option thereon, or whether they acquire them by purchase, options or leases at any time in the future. The said parties of the second part agree to furnish for

immediate use a drilling fund enough to sufficiently drill said

otherwise to accept same without drilling, and as said property is drilled to accept for said trustee, or his successor, the mineral rights

under any and all lands in said which are now and

in the future may be owned, purchased, optioned, or leased by said first parties, which are shown by ordinary methods of drilling to con- tain paying to said first parties

dollars, cash per acre for the same.

Upon completion of said drilling and purchasing, or before if deemed advisable, the parties hereto agree to organize a corporation for the division of and further development of said properties, and to which corporation the parties of the second part hereby subscribe and agree to pay in the sum of dollars ca.sh, and which organi- zation shall be duly incorporated under the laws of the state of

, and its capital stock shall be issued

fully paid and non-assessable.

For another form, Cohn v. Valentine, 88 Cal. A. 487. 263 Pac 846.

Compromise Of Adverse Claim 677

The capital stock of said corporation shall be issued and divided as

follows: The said parties of the first part are to receive

of said stock and the parties of the second part are to receive

of said stock.

It is understood that the corporation thus formed shall refund to said second parties the amount of money paid out by them to the first ])arties in the purchasing of said mineral rights. In the perfecting of the arranrement under this contract, it is considered and understood that the development of said properties on an extensive scale shall be

carried into effect and that no less than fully equipped modern

plants shall be put into operation just as soon as the

market by proper advertising, soliciting, etc., will justify.

The situation being, however, that the parties of the first part are unable to furnish capital to assist in the carrying of said operation into effect, it is hereby understood and agreed, and is the chief considera- tion to first parties in this contract, that said second parties shall furnish or acquire for said corporation the necessary capital for said development, and to protect first parties' interests in said corporation until such time as said corporation shall have accumulated sufficient working capital to justly protect first parties therein.

In witness whereof, the parties hereto, and to its duplicate, have set their hands the day and year first above written.

FORM No. 6 COMPROMISE OF ADVERSE CLAIM

(Precedent in St. Louis Co. v. Montana Co., 171 U. S. 650)

The terms of the agreement made this day of ,

19 , by and between , the party of the first

part, and , the party of the second part, are as follows:

That in consideration of the compromise and settlement of the

adverse suit brought by said party of the part in the

Court of the , to determine the right

of possession to the mining claim, as mentioned and

described in the complaint in said suit, and also of the withdrawal of the adverse claim upon which said suit is based, and also of settling and

agreeing upon the boundary line between said mining

claim and the mining claim of said party of the

part, the said party of the part hereby

agrees and binds within days after the issuance

of the patent as applied for to make, execute and deliver to said party

of the part, or assigns a good and sufficient

deed of conversance for

(Description)

That thereupon the said party of the part shall imme- diately dismiss said suit and withdraw said adverse claim.

That during the pendency of said patent proceedings, or during any of the times herein provided for the said party of the

678 Appendix — Forms And Precedents

part shall not make, nor cause to be made, any motion in said court for the dismissal of said suit, for want of prosecution, nor at all.

In witness whereof, the parties hereto, have hereunto and to its duplicate, set their hands the day and year first above written.

FORM No. 7 GRUB STAKE CONTRACT

(Precedent in Morrow v. Matthew, 10 Idaho 423, 79 Pac. 196)

The terms of the agreement made this day of ,

19 , between , of ,

State of , the party of the first part, and

, of the same place, the party of the

second part, are as follows :

That the party of the first part shall forthwith proceed to

, in the State of , and for

months from the date hereof devote his time, labor,

and skill in prospecting for mineral deposits therein, and when found he shall locate mining claims thereon subject to location under the

laws of the United States, the State of , and the local

rules, regulations and customs of miners in force in the mining district in which such deposits may be situated for the joint use and benefit of the said parties hereto.

That the said parties hereto shall be equally interested in each and every mining claim so discovered, located, or which may be acquired in any manner by said party of the first part within said territory during the time aforesaid.

That the said party of the second part shall, from time to time and upon his demand, furnish the said party of the first part with such supplies, tools and instruments and other things of necessity incident to such prospecting, locating and acquiring mining claims as said party of the first part shall properly require in the keeping of this agreement on his part.

In witness whereof, the said parties hereto have hereunto, and to its duplicate, set their hands the day and year first above written.

FORM No. 8 CONTRACT WITH MINING ENGINEER

(Precedent in Wishon v. Great Western Co., 29 Wash. 355, 69 Pac.

1105)

This agreement, made and entered into this day of ,

between , of in the County of in

the State of , the party of the first part, and of

in the County of and State of , the

party of the second part, Witnesseth : That whereas, the said party of the first part is a mining engineer and expert, whose opinions and statements concerning mines and mining properties are of value and

For form of complaint, finding of fact and conclusions of law and decree in case of fraudulent conspiracy of prospector with third parties, see Lockhart v. Washington Co., 16 N. M. 223, 117 Pac. 833.

Oil-Well Drilling Contract 679

are highly regarded by those who are purchasing mines and mining property ; and

Whereas, the said party of the second part is desirous of selling and disposing of those certain mines and mining property, of which the said party of the second part is the owner, hereinafter described; and is desirous of employing the said party of the first part in reporting on the said property, so as to have his professional recommendation, or other report, upon the same, as the property may warrant. Now, there- fore, this agreement witnesseth :

That for and in consideration of the services rendered and to be rendered by the said party of the first part in the sale of the said mines and mining property, which is now pending or on any sale or sales which may be made by and through the report upon said property, by the said party of the first part, at any time, or to any person whom- soever of the group or property, consisting of the

and lode mining claims, situate at Mining District,

County of and State of ; and in consideration of

the report of the said party of the first part, or any part of the said report, or any map, writing, printed matter, or other recommendation, or statement, made by said party of the first part, for and on account

of the sale, which is now pending, for the price of dollars,

or any sale or sales hereafter to be made by and through the said report, or any part thereof, of the said property, the said party of the second part covenants and agrees to and with the said party of the first part that he will pay him, said party of the first part, or his heirs or assigns, the full sum of dollars, to be paid immediately upon the pay- ment of the purchase money. And it is further agreed and understood

that the expenses incurred in making the trip from to the

said property and return, and during the examination, assays, maps, etc., by the party of the first part shall be repaid to him by the said party of the second part at the time and times said expense is incurred. And the said party of the first part promises and agrees to and with the said party of the second part that he will use all his professional skill and will make a full and complete report of the said mines and mining property and will expert the same, and will do all in his power to bring about a fair and honest sale of the said property upon the terms and conditions hereinbefore set forth.

In witness whereof, the said parties hereto have hereunto and to its duplicate, set their hands the day and year first above written.

FORM No. 9 OIL WELL DRILLING CONTRACT ♦

(Precedent in Cook v. Columbian Co., 144 Cal. 670, 78 Pac. 287)

This agreement, made and entered into this day of ,

between , of , the party of the first part, and

, of , the party of the second part, Witnesseth:

That the party of the second part will furnish at his own cost and expense all the machinery, tools, paraphernalia and materials of all

For another form of Oil Well Drilling Contract, see Snyder v. Noss, 99 Okla. 142, 226 Pac. 319.

680 Appendix — Forms And Precedents

kinds, including labor, fuel, water, and any and all things of whatsoever kind and nature that may be necessary and needful (except casing, pipe and shoes) to properly perform the work of drilling or boring not

less than feet of hole or wells, and to drill or bore the same

at any one or more places on the following described land situate, lying

and being in the County of , State of , and more

particularly described as follows, to wit:

(Description)

as may be desired and designated by the party of the first part, for the agreed price per foot sunk, as shown and set forth in the following scale of prices, at different depths up to feet, and in accord- ance with the further terms and conditions herein contained. Provided, however, that in case the drilling of any well shall be stopped by the party of the first part for any cause after it has been begun, that the party of the first part will pay the net cost of moving the drilling outfit to any other place on the said property, where another well is to be started, in addition to the amount earned for the number of feet sunk in accordance with the said scale of prices per foot and that should

work be stopped on any well, for any cause, after a depth of

feet has been sunk, then the said party of the second part shall move the rig at his own cost and expense to the place designated by the party of the first part. That in case of abandonment of any well or wells for any cause the party of the second part will pull and remove, in a careful manner, all casing, pipe and fittings used in said well or wells that can be got out by a reasonable and faithful effort by the use of all appliances and tools ordinarily used in performing such work.

That all casing, pipe and shoes of the proper sizes necessary to be used in the well or wells will be furnished and delivered on the ground by the party of the first part and shall be of such sizes as such party may select, and the same shall be properly inserted and used in the wells by the party of the second part and carried to the bottom, if possible without diminishing the size except in cases where it- is found absolutely unavailable after the use of under-reamers and other appli- ances, as may be necessary and proper for keeping the whole in proper shape.

That in case a body of asphaltum be encountered at any considerable depth and it is found impossible after a faithful and reasonable effort so to do that it cannot be drilled through nor penetrated by the use of any of the known tools and appliances, then the said well will be con- sidered as completed and a settlement made in full for the depth drilled according to the said scale of prices; provided, however, that the party of the first part shall have full and free right and privilege to use and operate the machinery and outfit of the party of the second

part at his own cost and expense for a period not to exceed ,

or until satisfied that the hole cannot be sunk any deeper.

That in case oil, gas or asphaltum shall be found at any depth in any well and the party of the first part shall elect to stop drilling in such well, the party of the second part shall properly test the well and leave the same in condition ready for the pump or other working appliances before moving the rig and outfit away.

Independent Contractor 681

It is understood by and between both parties hereto tliat this contract

is for a total of feet of hole or wells, and that the party of

the second part agrees to put down any one hole to a total depth of

feet, if the ground is such that it can possibly be done, by

reasonable effort, or that he will stop the drilling of any well at any depth, as directed by the party of the first part and in accordance with the said scale of prices per foot sunk, and the terms and conditions herein contained.

Tliat the party of the first part will pay, or cause to be paid to the party of the second part the amount earned for each foot of hole sunk in accordance with the said scale of prices at times and as follows, to wit :

An advance sum of dollars, when the ris" and outfit are on

the ground and ready to commence the work of drilling;

per cent of the amount earned as per scale when the well has been sunk

to a depth of feet and a like per cent of the amount

earned at the completion of each feet until the well is either

completed or abandoned, or the work stopped by the party of the first part, when the balance in full shall be paid, after deducting the said advance payment of dollars.

Done in duplicate, .the day and year first above written.

FORM No. 10 CONTRACT WITH INDEPENDENT CONTRACTOR

The terms of the agreement made tliis day of ,

19 , between , party of the fir.st part, and ,

party of the second part, are as follows, viz. : Th.at the said part' of

the second part shall excavate or run lineal feet of tunnel

work within the mining claim situate in the

Mining District, County of and State of California, com- mencing at a point to wit: feet (southwest) and

feet (west) from the (east and center monument of said claim) for

the agreed sum or price of dollars per lineal foot; said tunnel

to be feet in width and feet in height, in the clear,

and to be timbered where necessary. Payment therefor by said party

of the first part shall be made in full within days after the

full completion of said work. Work upon said tunnel under this con- tract shall commence Avithin days from the date hereof and

the same shall be fully completed in proper and minerlike manner by said party of the second part on or before the thirtieth day of June next thereafter ensuing; said party of the second part to hold said party of the first part harmless as against all and every lien of laborei'S, miners, and mechanics, and for materials furnished.

In witness whereof the said parties hereto have hereunto, and to its duplicate, set their hands the day and 3'ear first above written.

682 Api'Kxdix — For. Ms Am) Precedents

FORM No. 1 1 OPTION

Tliis agreement, made the day of , 19-_, between

. a corporation organized and existing under and by virtue

of tlie laws of tlie State of , the party of the first part, and

, of the County of , State of , party of

the second part. Witnesseth : That the party of the first part, in con- sideration of , will sell to the party of the second part all

those certain mining claims and water rights situate, lying and being

within the Mining District, County of , State of

, more particularly bounded and described as follows, to wit:

(Description) ui)on the following terms and conditions, to wit :

The party of the first part will cause to be deposited in escrow in the Bank of in the County of , State of ,

at the time of the execution of this instrument, its deed in writing, good and sufficient in the law, to the party of the second part, or his assigns, of each and all of the properties hereinbefore mentioned and described.

The party of the second part is hereby granted an option to pur- chase all of said mining claims and Avator rights for the sum of

dollars, subject to the terms and special exceptions and conditions hereof, in the following manner: That tlie said party of the second part slicill iay in to the credit of the said party of first part at said

Bank of , on or before 12 o'clock noon of each day specified,

to wit: On or before the day of , 19 , per

cent of the said purchase price of said properties and the balance of

said purchase money in equal payments of per cent

of the whole ever}- months thereafter.

It is hereby agreed that all of the foregoing payments shall be made in lawful money of the Ignited States.

It is hereby agreed that the party of the second part shall have the right to anticipate the payments of the entire unpaid purchase price

of said properties at said Bank of but in the event that

he exercises such right he shall pay all of the unpaid installments in

full; provided, that he be allowed an amount equal to per cent

per annum on each unpaid installment for the length of time for which such installment is thus anticipated; and provided further, that such payment or payments, or any part thereof, is not derived from the proceeds of said properties, or any part thereof; and provided further, that if the party of the second part shall exercise the option conferred hereby to anticipate deferred payments, he shall give notice in writing to tlie party of the first part of his intention to exercise such option

days prior to the time he shall be allowed to exercise the

same.

It is further agreed that during the period from the date hereof until the final payment of the .said entire purchase price of said prop- erties is made, said party of the first part shall remain in the entire possession and control of the proi)erty hereinbefore particularly men- tioned and described, except ih;il upon the making of said first payment of said per cent of s.iid purchase price of said properties the said

Option 683

party of the second part may, and shall have the right to enter into and take possession of all and sinjnlar said premises and property, and commence Avork and make improvements thereon, and operate, mine and extract the mineral from said premises and property. That in or<ler that said party of the first part may be fully protected hereunder, it is hereby ap:reed that all work done and improvements made by said party of the second part upon said premises and property under the terms hereof shall be done in a miner-like and proper manner to enable lid premises to be carefully operated, and so that the mineral therein contained maj be extracted in an economical and miner-like manner, nnd all of said work done and improvements made shall be done or made under the supervision of said party of the first part and with its

eoiisont, and to that end it is hereby aj'reed that Mr , its

s'lperintendent, or his successor in office shall have the riorht to finally ])a.ss u])on and approve of, or reject, any plan or portion of a plan of the party of the second part for the workin and improvement of said ])remises and property, or any part thereof, or of any work or ditches or pipe lines which may be connected therewith. That said party of the second part hereby a.jrrees to dispose of the proceeds of the working of said premises as obtained or received by him from time to time as follows: All of such proceeds, less the actual cost of extraction, reduc- tion or refining, hauling and freight charges, shall be applied as a payment upon the unpaid portion of the next payment falling due hereunder upon the purchase price of said mining claims and water rights.

It is understood and agreed that in consideration of the premises,

that said party of the second part shall within days from

tlie date liereof enter upon said premises by his duly accredited agent or agents, mining engineer or mining engineers, mining expert or min- ing ex])erts, together with proper assistants and paraphernalia con- stituting a proper and sufficient outfit therefor, and in a proper and miner-like manner, and at his own cost and expense, make a proper examination and test of the mineral A'alue of said premises and prop- erties, holding and keeping the same, and all thereof, free and clear of all costs, charges and liens for such examination and working.

It being further understood and agreed that the said party of the second part shall keep the party of the first part fully informed of said work, and permit the said party of the first part at all times, and at any time, to inspect such work, and any and all thereof; and it is further agreed that in furtherance of such examination and test said party of the second part may use and enjoy the improvements now placed upon said premises and properties together with such personal property now thereon as may be necessary or proper in the making of such examination and test ; but in the event that said work is not being done to the satisfaction of the said party of the first part, it shall have the right and it is hereby given the right to cause all work being done by said party of the second part to immediately cease.

It being further distinctly understood and agreed that upon the failure on the part of the party of the second part to enter upon said premises and properties within the time and in the manner lastly here- inbefore aforesaid, this option and all rights and privileges thereunder

3 — S

684 Al'PENDlX — FORMS AND PRECEDENTS

shall, upon and at the expiration of said days be instantly

forfeited, canceled and annulled.

In the event that such examination is made within the time herein- before specified, and that thereafter the said party of the second part shall elect not to purchase said premises and properties under the terms hereof, he, the said party of the second part shall deliver to the said party of the first part, free from all cost, chares and expense to it whatsoever, copies of all data, plans, field notes, analyses, samples, photographs and other determinations and reports that he, the said party of the second part, shall have made or caused to be made, or otherwise obtained, in and about and by reason of said examination

and test, the same to be so delivered within days after this

option may have been concluded under the terms hereof.

In the event that the said party of the second part does not purchase said premises and properties, in accordance with the terms hereof, or shall default in any payment heroin provided for, or this option be revoked for Iciral cause by the said party of the first part, any and all improvements placed upon said hereinabove described premises and properties by the said party of the second part, shall thereupon imme- diately become and be the property of said party of the first part, without any cost, charore or expense to it whatsoever therefor.

It is hereby further aireed that if at any time the party of the second part shall fail to make any payments herein provided for upon the said purchase price of said premises and properties at the time and place herein specified for the same to be made, the rights of the party of the second part under this option shall immediately cease and deter- mine, and the payments which shall have been made by him therefor shall be applied as follows:

AVhereas, the damap-e to the present or future value of the several properties affected by this agreement by a failure to purchase the same as herein provided, and the dama*?e which may be occasioned to the same during: the existence of this option prior to any breach thereof by the party of the second part, can not be estimated or estab- lished in a court of justice by reason of the difficulty of establishing hereafter the present appearance, prospects and apparent value of said hereinabove described mininir claims and the changes in the appearance, prospects and value of the same at the time of such breach, and other difficulties and the consequent damage resulting thereby t( the party of the first part.

It is liereby agreed that all payments and expenditures which shall liave been made under this option by the party of the second part upon said premises and properties, or upon any part thereof, shall be deemed to be liquidated and assessed damages caused by the said party of the .second part to the party of the first part by virtue of his failure to comply with and perform the conditions of this option and shall remain the property of the party of the first part ; and the party of the second part hereby releases all claim thereto.

The party of the first part hereby agrees that it will not act nor consent to the doing of any act by it tending to alienate or encumber said premises and properties, or any part thereof, hereinabove described or which will prevent the party of the second part (upon the com- pletion by him of all the conditions herein, provided to be performed

Option 685

by him) from acquiring the same rights therein as are now possessed by the party of the first part.

The said party of the second part hereby covenants and agrees to hold harmless the party of tlie first part hereto as against all liens and claims of mechanics for labor done and materials furnished under this option, and hereby grants to said party of tlie first part through its duly accredited agent, to be present at the payment and ascertain that all wages of employees of the party of the second part, and all sums of money due to contractors or subcontractors under the said party of the second part, if any, and all sums of monc}' due for mate- rials furnished, are paid.

The party of the second part agrees to have each and every man employed by him and working upon said premises and properties and each and every person, company or corporation from whom he buys material, sign a contract, as follows:

''In consideration of my being employed by or of

purchasing material from me, I hereby covenant and agree

to look alone to said for my pay, and I hereby waive all

rights or claims that I may have in law or in equity against the prop- erties, or any one of them, upon which said labor is bestowed or to which said material is furnished."

(All blanks to he properly filled.)

That upon a failure in any instance to properly secure such waiver of lien this option, and all rights and privileges thereunder shall be instantly forfeited, canceled, annulled and revoked.

Time is of the essence of this agreement, and upon the failure to perform any of the covenants and obligations hereby imposed upon the party of the second part, the said Bank of is hereby author- ized and directed to deliver said deed of conveyance, and all other papers, instruments or documents which may be deposited in escrow in said bank by the parties hereto under the terms or by reason of this option to the said party of the first part, and upon the failure of the party of the second part to perform any of the conditions or obligations hereby imposed upon him, the party of the first part is hereby absolved from the performance of any conditions or covenants imposed upon it hereby.

The said Bank of is hereby made the sole arbiter betv'oen

the parties hereto as to whether the said conditions or obligations have been performed, and the said bank's decision shall bind the respective parties'; and if said bank decides that said party of the second part has not fully performed the same as herein provided, said bank shall not be restrained from the surrender of said deed of conveyance and other papers, instruments or documents as herein directed ; and said

Bank of shall be absolved from all liability hereunder,

except fraud in the performance of its duties.

Upon the performance by the party of the second part of all the conditions of this option and the payment of the said full purchase price of said premises and properties as herein provided said Bank of shall deliver said ded of conveyance, papers, instru- ments and documents as may be deposited in escrow with it hereunder to the said party of the second part.

686 Appendix — Forms And Precedents

This option shall be binding upon, and run in favor of the heirs, executors, administrators, successors and assigns of each of the parties hereto except as herein specially provided.

In witness whereof, the said party of the first part has caused its corporate name to be hereunto subscribed, and its corporate seal to be hereunto affixed, by its officers thereunto duly authorized, and the said party of the second part has hereunto set his hand, in duplicate, the day and year first above written.

FORM No. 12 NOTICE OF NON-LIABILITY FOR LABOR OR MATERIALS FURNISHED

Notice is hereby given to all persons, that the undersigned.

is the owner of mine or mining claims, herein- after described, with all the improvements thereon. That said mine or mining claim now is in the possession of and is being worked and

operated by , pursuant to a contract

{or option to purchase, or lease) made and executed by the undersigned

in favor of said dated 19 ;

said contract, {or option to purchase, or lease) to be in force up to and including , 19

The undersigned is not working nor operating said mine or mining claim, nor any part thereof, and does not intend to work nor operate said mine or mining claim nor any part thereof, nor purchase any supplies or materials therefor, during the life of said contract, {option to purchase, or lease) with said

The name of said mine or mining claim is ,

situate, lying and being in Mining District, in

the County of , State of The

notice of location of said mine or mining claim being duly recorded in

Book , at page of in the office of the county

recorder of said county. State of ;

to which said record reference is hereby made for a more particular description of .said mine or mining claim.

In witness whereof, the said has hereunto set his

hand this day of , 19

FORM No. n

Option And Lease

Option

This agreemnet, made and entered into by and between the

Mining Company, a corporation, duly organized and existing under and

by virtue of the laws of , as party of the first part, and

hereinafter called the Company, and the

Mixes Company, a corporation duly organized and existing under and

If the state statute providing for the above notice requires its verification It will be faully defective If merely acknowledged. See 826, n. 10.

Option And Lease 687

by virtue of the laws of , as party of the second part,

hereinafter called the Mines Company.

Witnesseth :

Whereas, The Company is the owner and in

possession of certain lode mining claims hereinafter more particularly mentioned and described ; and,

Whereas, The Company represents that said lode

mining claims, ground and premises disclose mineral deposits of great value as well as potential development of great ore bodies; and.

Whereas, The proper development of such ore bodies, both present and in expectancy and the proper reduction and treatment thereof will necessitate the outlay of large sums of money ; and,

Whereas, The Mines Company is able and willing to

furnish the money for such development work, but only under and in accordance with the terms and subject to the conditions hereinafter set forth;

Now Therefore, for and in consideration of one dollar by the

Mines Company to the Company, paid,

receipt whereof is hereby acknowledged, and for and in consideration of the mutual covenants of the parties by each to the other made and herein contained, the parties hereto agree as follows:

1. The Company grants to the Mines Com- pany for months from the date hereof an option upon the

terms and conditions in this agreement hereinafter set forth, to receive a mining lease in the form hereto annexed and hereby referred to and made a part hereof, of said above mentioned mineral properties, being all those certain lode mining claims and mill site situate, lying and

being in the Mining District, in the County of ,

State of , more particularly described as follows:

(Description)

2. That at any time during the period of said option said

Mines Company shall have the right to enter into and take exclusive possession of all and singular said above described property and may as consideration for said option, prospect and explore, test, develop and work at its own discretion and at its own proper charge and expense said lode mining claims and any one or more of them, provided

all work done and all improvements made by said Mines

Company upon said property, or any part thereof, under the terms hereof during the period of said option shall be done in a minerlike and proper manner to enable said premises and all thereof to be care- fully operated, and so that the minerals therein contained may be extracted in an economical and minerlike manner. All equipment, tools, machinery, structures, improvements and personal property of every nature and description brought or placed upon said premises

prior to the exercise of said option by the Mines Company

for use in said work shall not become a fixture but shall remain the

property of the Mines Companj and subject to removal by

said Mines Company, and in the event the said

Mines Company shall not exercise said option it shall be entitled to remove all of said equipment, tools, machinery, structures, improvements

688 Appendix — Forms And Precedents

and personal property from said premises within ninety days from the expiration of said option. And in further consideration for said option

the Mines Company hereby agrees to enter upon said premises

and undertake and carry out such investijratiou and exploration work to thecost of at least Dollars ($ ).

3. All ores extracted by the Mines Company during the

aforesaid time prior to the exercise of said option shall be and remain

the property of the Company; provided, that the

Mines Company is hereby given the right to take and have as its own for assay samples and mill tests from said mining claims, ore or ores to the amount of 20,000 pounds. In furtherance of the work contemplated

in this and the preceding paragraphs, the Mines Company

shall be entitled to use and enjoy any and all improvements, structures, machinery, tools, equipment or other personal property now situated upon said premises and properties belonging to the Com- pany.

4. If at or before the expiration of said period of six months the

Mines Company shall elect to exercise said above mentioned

option and receive a mining lease to said premises as hereinabove pro- vided, it shall so notify the Company and it shall upon such

notice be entitled to receive in accordance with and subject to the terms of this contract a lease in the form of the lease attached hereto

and by reference made a part hereof, and the Company

hereby agrees upon such notice to make, execute and deliver such a

lease to the Mines Company. In the event the

Mines Company shall elect not to exercise said option, it shall peace- ably surrender and turn over said properties to the Com- pany in as good condition as they now are in, reasonable wear and tear excepted, and free and clear of any and all liens and incumbrances

incurred by the Mines Company in its operations on and

about the same. In the event that the Mines Company shall

not elect to exercise said above mentioned option, the Mines

Company agrees to deliver to the Company free and clear

of expense, copies of all data, plans, analysis, photographs and other

determinations and reports that the Mines Company shall

have made or caused to be made or otherwise obtained in and about said premises during its possession of the same under said option.

5. The Company represents that it is the owner in fee of

that certain patented lode mining claim known as and called the

Mining Claim, hereinabove described, and that it has duly

applied for patents or caused patents to be applied for from the United States government for all the other above described properties covered bj this agreement and each of them, and covenants and agrees that it will proceed diligently to do all acts and things and make all payments to complete said applications and perfect its title to said prop- erties and each of them ; and represents and agrees that the properties

covered by this agreement, including said patented Mining?

Claim, and each of them, are free from all liens and incumbrances of every nature and description, and during the period of said option

the Company agrees to protect said properties from any and

all liens and/or the possibility thereof, except such as may arise from the acts of the Mines Company upon said property,

Option And Lease 689

and not to encumber said property or any part thereof; and the

Company further agrees to furnish to the Mines

Company satisfactory evidence of good title.

6. The Mines Company during its possession of said

property and all thereof, agrees to protect said property and all thereof against all claims of labor and materialmen and against all liens and

liabilities arising out of the acts of th(' Mines Company upon

said property, and to permit the Company to place and main- tain such notices thereon as shall be lawfully necessary to protect said

Company against such claims; and the Mines

Company further agrees to hold harmless; the said Company

against any and all claims for damages for injury incurred by work- men in its employ at said properties, or any other person or persons. 7. It is understood and agreed that during the possession of said

property by the said Mines Company under said option, the

Mines Company shall permit a duly authorized repre- sentative of the Company to be and remain upon the

property hereby demised, to represent the Company and

observe the performance by the Mines Company of each and

all the terms of this agreement; provided that if said representative

shall fail to work harmoniously with the Superintendent of the

Mines Company, or should the presence of said representative become a

source of trouble, then upon written request by the Mines

Company to the Company, the Company shall see

that such objectionable conduct shall cease or shall replace such repre- sentative with another so that the work may continue harmoniously and in the event that after such request such objectionable conduct on

the part of such representative shall not cease, the Mines

Company shall be entitled to remove such representative from the

premises and the Company shall be entitled to appoint

another representative to take the place of the representative so removed, as often as any particular representative shall become such source of trouble.

8. It is understood and agreed that during the poss:ession of said

property by the Mines Company under said option, the

Mines Company shall pay to the Company the

sum of Dollars ($ ) per month.

9. It is understood and agreed that any tim.e lost by reason of strikes, riots, acts of God or inevitable delays, is not to run against the time herein specified.

In witness whereof, the parties of the first and second parts hereto have respectively caused their respective corporate names to be here- unto subscribed and their respective corporate seals to be hereunto affixed by their respective officers thereunto duly authorized.

LEASE (accompanying OPTION)

This agreement of lease, made and entered into this day

of by and between the Mining Company, a cor- poration, duly organized and existing under and by virtue of the laws of , hereinafter called the Lessor, and the Mines

690 Appendix Forms And Precedents

Company, a corporation duly organized and existing under and by virtue of the laws of said state, hereinafter called the Lessee,

Witnesseth :

That the Lessor, for and in consideration of the rents, covenants, agreements, payments and royalties hereinafter reserved and by the Lessee agreed to be paid, kept and/or performed, has granted, let and demised, and by those presents does grant, let and demise unto the

Lessee the following described mining properties situate in the

Mining District, in the County of , State of , and

more particularly described as follows, to wit :

(Description)

all of which said claims adjoin each other and said Claim

and constitute but one parcel of mining ground and one property, and

are commonly called the group of mines, and which claims

were transferred, conveyed and assigned by Mining Com- pany to the Company by a deed dated , and duly

recorded on , in Vol of deeds, at page in the

office of the recorder of County, State of ; also

that certain unpatented mill site known as and called the

Mill Site.

To Have and to Hold said premises for the purpose of search- ing for, mining, extracting, milling, reducing, treating and preparing ores, metals and minerals of every nature and description, and the exclusive right to possess and work the same for said purposes, for

the term of . ( ) years from the date hereof unless sooner

terminated as hereinafter provided.

In consideration of said lease the said Lessee does hereby covenant and agree with the Lessor as follows:

1. The Lessee agrees to enter upon said premises and to proceed at once to erect and fully equip and thereafter maintain upon said prem- ises a not less than ton mill, together with such appurtenances as

may be requisite or proper for the reduction and treatment of ore or ores of the character produced from said properties. The requisite power or use in and about such mill, and its appurtenances shall be furnished by the Lessee, and said Lessee further agrees to enlarge the

present working shaft in the so-called Claim down to the

-foot level and do such other work needful to place said

pro])erties upon a production basis.

2. The Lessee agrees to work said properties in a miner-like fashion and in a manner necessary and proper to good and economical mining and Si) as to take out the greatest amount of ore possible, with due regard to the safety, development and preservation of the same as a workable mine or mines, and to mill the ores so extracted in a manner necessary and proper to the economical and expeditious reduction and/or treatment thereof.

3. The Lessee agrees to work and mine said premises as aforesaid and to mill the ores so extracted steadily and continuously during the continuance of this lease; and an abandonment by said Lessee of the work upon said premises for a period of thirty consecutive days, unless due to strikes, riots, acta of God or unavoidable interruption, may be

Option And Lease 691

considered by the Lessor a violation of this lease and cause for for- feiture of the same, as hereinafter i)rovided in paragraph 21 hereof.

4. The Lessee agrees to permit Lessor or its duly authorized agent or representative at any and all times (a) to enter upon and visit all larts of said leased premises and the mill and its appurtenances erected and maintained thereon for the purpose of taking assay samples and of observing whether tlie terms of this lease are being fully and faithfully complied with by the Lessee; (b) to take samples from any oi-es await- ing milling, reduction or treatment; and (c) to have surveys made of the workings whether under or above ground, or both, and the Lessee further agrees to furnish Lessor as and v,hen requested bj' said Lessor, a cop3 of blueprints of all surveys or maps made by the Lessee, and generally to facilitate in every vvay such inspection, surveys and samplings, as above provided, and to furnish to the Lessor or its duly authorized agent, when requested, full, true and accurate information not theretofore furnished with regard to the condition of said workings or any part thereof or the quality or character of the minerals therein.

5. In the event said properties or any of them shall be placed upon production by the Lessee, the Lessee shall retain out of the net proceeds of each cleanup prior to the distribution of said net proceeds as here- inafter in paragraphs 6, 7 and 8 provided, and shall set apart as a sinking fund to meet the cost of further exploration and/or develop- ment of said premises and/or of the improvements, increase or expan- sion of the equipment, facilities or improvements used in the operation

of the same, a sum equal to per ton for each and every ton of ore,

constituting and being the tonnage from which each cleanup is based,

until such sinking fund shall equal a maximum Dollars

($ ). The Lessee m.ay from time to time use all or any portion

of said sinking fund in its own discretion, for such work and/or improvement, increase or expansion of facilities or equipment, and shall not be required to wait until tlie amount in said sinking fund shall equal any specified sum before drawing upon said fund for said pur- poses or any of them ; but tlie amounts so dravrn from said fund shall thereafter be replaced in the same manner in which said fund was originally created as in this paragraph provided ; and further pay- ments shall continue to be so made into said fund until there is a total

of $ therein. But said fund shall in no event exceed $

except by agreement of the parties and shall be maintained and con- tinued until it shall become apparent that any further exploration and/or development work would be useless or unjustifiable, in which event the amount at such time remaining in said fund shall be divided between the Lessor and the Lessee in the following proportions :

(a) In the event that at such time the Lessee shall not have been fully reimbursed as in paragraph 6 hereof hereinafter provided, the Lessee shall receive all or such portion of the amount in said sinking fund as shall be necessar} to fully reimburse the Lessee as in said paragraph provided, and the balance of said fund, if any, shall be

divided between the Lessor and the Lessee in the proportion of

per cent to the Lessor and per cent to the Lessee.

(b) In the event that at the time of the distribution of said fund the Lessee shall have been fully reimbursed as in said paragraph 6 hereinbelow provided, but the Lessor shall not have received the full

692 Appendix Forms And Precedents

amount to which the Lessor shall be entitled under paragraph 7 here- inbelow, the amount remaining in said sinking fund shall be divided in

the proportion of per cent, to the Lessor and per cent to the

Lessee would result in the Lessor receiving a larger total amount than the Lessor would be entitled to under said paragraph 7, the balance remaining over and above the amount needful to pay off the Lessor under said paragraph 7 sliall be divided between the Lessor and the

Lessee in the proportion of per cent to the Lessee and per cent

to the Lessor.

(c) In the event that at the time of such distribution of the amount so remaining in said sinking fund the Lessee and Lessor shall both have been fully paid off under paragraphs 6 and 7 hereof, said amount shall

be distributed in the proportion of per cent to the Lessee and

per cent to the Lessor.

In the event that the Lessor and the Lessee shall be unable to agree as to whether further exploration and/or development work would be useless or unjustifiable so as to require the distribution of said sinking fund as hereinabove in this paragraph provided, the question shall be submitted to two first-class mining engineers or geologists occupying substantially the same standing in the profession now held by Messrs.

and , one to be selected by the Lessee and one to

be selected by the Lessor, whose joint decision in said matter shall be final, and in the event that the two so selected can not or do not agree they shall appoint a third arbitrator of substantially the same profes- sional standing whose decision in said matter shall be final, and the compensation of such arbitrators shall be treated as an operating expense of said property to be deducted along with the other expendi- tures hereinafter required to be deducted from the proceeds in order to compute the ''Net proceeds" as the term is herein used.

6. In the event said property shall be placed upon production by the Lessee, then after deducting from the net proceeds of the sale of such production as liereinafter defined, the amounts hereinabove required to be set aside for a sinking fund, the Lessee shall be entitled to retain the entire balance of said net proceeds until it shall have reim- bursed itself in full for the cost of doing the equipment and develop- ment work hereinabove mentioned in paragraph 1 and placing the properties upon production in the manner mentioned in said paragraph. Said cost shall include :

(a) All labor costs of doing all and every part of said work, erect- ing said mill, iii.stalling said equipment, providing said power and making said improvements and development and placing said property on production :

(b) The cost of dismantling the Lessee's present mill at ,

and preparing tlie same for transportation to the leased premises, together with the cost of preparing for such transportation all other

equipment of the Les.see now at and desired by the Lessee to

be removed to the demised premises for the purpose of carrying out its obligations under said paragraph 1.

(c) The drafting of the plans and ihe architectural, surveying and engineering work required for the location and equipment of the new mill upon said premises;

Option And Lease 693

(d) All transportation cost of materials, equipment, supplies, machinery, tools and facilities to the demised premises for use in the work described in said paragraph 1.

(e) The cost of superintendence and inspection and of engineering, geolojrical and other expert advice, if any;

(f ) The value of improvements, machinery, equipment, tools, build- ings, structures, facilities, materials and other personal property of every nature and description moved, placed and/or set up on said property by or for the Lessee for the purpose of carrying out its obliga- tions and doing all the work hereinabove mentioned in said paragraph 1 and placing said property on production ;

(g) A charge for overhead expenses not to exceed $ per

month during the period of such development and equipment work prior to the placing of said properties upon production ;

(h) Any damages incurred in the course of said work and not cov- ered by insurance.

(i) Any other amounts which can properly be charged as costs per- taining to the performance of the work covered by said paragraph 1.

The value of said improvements, machinery, equipment, tools, build- ings, structures, facilities, materials and personal property of every description moved or placed on the demised premises and herein- above referred to in subdivision (f) shall be in the case of such prop- erty as shall be specially purchased for such work or installation, the cost of the same on the ground to the Lessee; while in case of such property as shall have been previously owned by the Lessee, its value

sball be appraised within thirty days of installation by ,

superintendent of the Lessee, and by , agent of the Lessor

and said and shall also determine the cost of

transportation where such transportation is actually performed by the Lessee in its own vehicle and with its own labor; and in the event said and shall be unable to agree in their valua- tion they shall unite in selecting an arbitrator whose valuation shall be

final upon the costs which the said and are

hereby authorized to determine.

7. After the Lessee shall have been so reimbursed in full as in para- graph 6 hereinabove provided out of the net proceeds remaining after setting aside the amounts hereinabove required to be set aside for a

sinking fund, thereafter the Lessee shall pay to the Lessor.

per cent of such net proceeds remaining after so setting aside the amounts required to be paid into said sinking fund, until such pay- ments to the Lessor shall equal the total amount previously retained by the Lessee for its reimbursement under paragraph 6 hereof. While

such payments are being made to the Lessor the remaining

per cent of such net proceeds, after sinking fund payments, shall be retained by and belong to and be the absolute property of the Lessee. This percentage of distribution shall be effective until the Lessor shall have received a sum of money equal to the sum that the Lessee shall have received by way of reimbursement as in said paragraph 6 herein- above provided.

8. After the Lessor shall have received the total sum provided to be paid the Lessor under paragraph 7 hereof, thereafter the Lessee shall pay to the Lessor as further rental for said property, per cent

6J)4 Arii:xDix — forms axd riji;cEi)i:xTs

of tlie p.et proceeds resulting- from tlie oi'ioration of the i)roperty after the d'lnetion from siieh net )">rocee(ls of the amounts hereuiabove refjuired to be set aside in the sinJ:in<r fund ; and the Lessee sliaU retain

and be the absolute owner of tlie remainiuir per cent.

i). In dotermininir the net proceeds as the term is used in this lease, there shall be deducted from the amounts received by the Lessee from the sale of the products of said proi)erty as shown by the mint returns of the proceeds from said minin?; claims or any of them.

(a) Postal, freijrht or express costs of transporting: said products to the jnint, includinir insurance costs in ti'ansit and other selling: charges, if any;

(b) The actual cost of maintnininir and operatinu- said premises and keepinji" the same on production and ]ii'oducinp: the products thereof, including; the cost of property insui-anco, Avorkmen's compensation insurance, in addition to and/or includinf any and all insurance which is or may be required by law, or for the protection of either or both of the parties hereto ;

(c) x\n overhead charge not to exceed $ per month;

(d) Sums sufficient to meet all taxes, levies, rates, assessments, fees or other governmental charges upon said premises or the mineral riglits therein or the mineral content or product thereof or the per- sonal property thereon used or useful in the operation or development of the same, or whicli may be or become a lien thereon or be levied upon or in connection witli the operation thereof;

(e) Amounts paid as damages resultiiig in the course of operations on said premises not covered by insurance;

(f) The cost of geological, engineering and /or other technical advice wliich may be required for the proper operation of the demised premises;

(g) The cost of repairing or restoring any equipment, improve- ments or other property destroyed or damaged by accident, the ele- ments or the act of God, where not covered by insurance ;

(h) Any other amounts which can properly be charged as costs pertaining to operation of the properties and i)roduction from the same.

10. In the event that the amount at any time in the sinking fund shall be insufficient to defray the cost of improving, enlarging or increasing the equipment, facilities and/or improvements used in operating tlie premises hereby demised, the cost of defraying the bal- ance of such expenses which can not be paid out of said sinking fund shall become a charge upon the net proceeds from the propert}' remaining after setting aside the amounts hereinabove required to be set aside for a sinking fund, and the distribution of the amount so remaining from said net proceeds as hereinabove provided in para- graplis 6, 7 and 8 hereof shall not proceed until said cost shall have been so repaid therefrom; provided that no such cost shall be incurred exce])t in the development of the property in a manner mutually bene- ficial to the interests therein of both Lessor and Lessee.

11. Lessee shall keep proper books of account showing all disburse- ments of every kind and character made in connection with its develop- ment and/or operation of said premises, or any part thereof, and said books of accoinit shall at all proper business hours be open to the examination of tlie Lessor or its duly authorized agent, and the Lessor

Option And Lease 695

is hereby given full and free right to make a copy of said books of account or any portion thereof.

12. In the event that said properties or any of them shall be placed on production, the Lessee agrees to render to the Lessor on or before

the day of each month a written statement showing the

number of shifts worked, the amount of ore milled reduced and/or treated, the amount of wages and salary paid to the employees of said Lessee engaged in and about said premises in the mining, milling, reduction and/or treatment of said ore, the cost of supplies and all other expenses of operating the demised premises incurred during the next preceding calendar month, and to afford the Lessor or its duly authorized representative every facility for the inspection and copying of all books, assay journals, assay certificates, accounts, pay rolls and vouchers of said Lessee relating to indebtedness or liabilities incurred or claimed for work, services or materials in respect of the operation of said premises and the milling, reduction and /or treatment of ore therefrom.

13. Lessee agrees to keep said premises and every part thereof at all times free and clear of all mechanic's, miners' and /or other labor liens and incumbrances of every other nature and description, and to pay all indebtedness and liabilities incurred by the Lessee which may or might become a lien on said premises before said indebtedness and/or liabilities shall become such lien, and to post and at all times keep posted in some conspicuous place upon the demised premises a notice that the interest of the Lessor therein shall not be subject to any lien for service, labor or material furnished upon or used in connection with this lease or said leased premises by the Lessee, said notice to be on behalf of and in the name of the Lessor.

14. All sums hereinabove required to be paid by the Lessee to the Lessor from the net proceeds of the products of said property shall be

paid by the Lessee to the Lessor to the day of each calendar month

succeeding the calendar month in which the cleanup shall be made from which such proceeds shall accrue, and the Lessee at such time shall and will furnish to the Lessor a true account of all ores extracted and milled and all bullion received therefrom after the last cleanup for which such an accounting was previously made.

15. Lessee agrees to protect the property hereby demised during the term of this lease against trespassers or other wrongful intruders thereon.

16. Lessee agrees to assume all responsibility for and to save Lessor harmless from any and all accidents to itself or any of its employees, sub-lessees, licensees, agents, associates or visitors upon the demised premises and to post and at all times keep posted at the main working upon the premises hereby leased, a conspicuous notice in the name of and on behalf of the Lessor, stating in substance that the Lessor will not be liable for damages on account of any such accident or accidents.

17. Lessee agrees that all its operations under this lease shall be conducted so as to fully comply in every respect with the laws of the state of .

18. Lessee hereby agrees to provide workmen's compensation insur- ance at once upon commencement of operations so as to protect the interest of the Lessor in the demised premises from the lien of any

696 Appendix — Foris And Precedents

judgment obtained in any action brought by reason of the injury to any v.orkmen in and about the operations of the Lessee upon said premises and that such insurance shall be carried with a responsible insurance-carrier.

19. In the event that any action at law the Lessor against the Lessee in or about any matter connected with this lease, the Lessor shall recover judgment, the Lessee hereby agrees to pay ta the Lessor the costs thereof and a reasonable attorney's fee to be fixed in said action, which costs and fee shall become a lien upon said property, but in the event of such action the Lessee shall recover judgment, the Lessor agrees to pay to the Lessee the costs and a reasonable attorney's fee.

20. Lessor represents, covenantr-i and ap;rees with the Lessee that the properties covered by this lease and each of them, are free from all liens and adverse claims of every kind and character, and the Lessor will warrant and defend the said premises to the said Lessee against all claims and demands of all persons; provided, that if the possession and enjoj'ment of the said demised premises by the Lessee shall be interfered with as a result of any legal proceedings brought by a party other than the Lessor and Lessee shall thereafter be restored to posses- sion by the judgment of the court in any such proceedings, the costs to the Lessee in such proceedings and any loss resulting in the opera- tion or development of said premises by reason of such disturbed and interrupted possession and enjoyment shall be borne by the Lessor

and the Lessee in the proportion of per cent by the Lessee and

per cent by the Lessor.

21. In the event of the termination of this lease, for any cause what- fioever, then and in that event, the Lessee shall and will peaceably surrender and yield up the said premise- and every part and portion thereof to the Lessor, free and clear of any and all liens and/or encumbrances; or in the event that the mineral deposits included in tlie premises covered by this lease, shall at any time become exhausted so that it will not longer be commercially practical to operate the same, the Lessee shall have and is hereby given the right or privilege to dis- continue operations upon said propert} and abandon the same.

In the event of any dispute between the Lessor and the Lessee as to such exhaustion, the question shall be submitted to two tir.st-class mining engineers or geologists, occupying substantially the same profes- sional standing as Messrs and now occupy, one

to be selected by the Lessee and one to be selected by the Lessor, and in tliat event that tlie two so selected can not or do not agree, they shall api)oiiit a third arbitrator of substantially the same professional stand- ing, whrse decision in said matter shall be and become final.

Upon such determination of this lease or tlie discontinuance of its operations or the abandonment of the preniises by tlie said Lessee, the personal property, tools, equipment and machinery located upon the said ]>roperty at the time of such termination, discontinuance and/or abandonment, shall belong to and be and become the property of the

Lessor and the Lessee in the proi)ortion of per ceiit to the Lessee

and per cent to the Lessor; provided the Lessee shall at such time

have been repaid in full as in paragraph 6 hereof.

Option And Lease 697

22. Time is of the essence of this lease. In the event of failure by the Lessee to perform any of the covenants or comply with any of the conditions in this lease provided to be performed and/or kept by the Lessee, the Lessor shall be entitled to give written notice of such default to the Lessee and in the event the Lessee shall not proceed with reason- able diligence to remedy such default within ( ) days after

receipt of such notice the Lessor at its option shall be entitled to terminate this lease and declare the same forfeited.

23. It is further understood and agreed that any time lost by reason of strikes, riots, acts of God or unavoidable delays is not to run against the time herein specified.

24. This agreement shall be binding upon and run in favor of the successors and assigns of each of the parties hereto, except as herein specifically provided. Provided that neither this lease nor any interest of the Lessee therein or thereunder shall be transferred or granted, whether in the form of a sub-lease or otherwise during the term hereof, without the consent in writing of the Lessor or its duly authorized agent first hereto had and obtained.

25. It is understood and agreed that until such time as the Lessor shall have received payment in full of the amount hereinabove pro- vided to be paid to the Lessor in paragraph 7 hereof, to equal the reimbursement of the Lessee provided in paragraph 6 hereof, the Lessee shall permit a duly authorized representative of the Lessor to be and remain upon the property hereby demised, to represent the Lessor and observe the performance by the Lessee of each and all the terms of this agreement; provided, that if said representative shall fail to work harmoniously with the superintendent of the Lessee, or should the presence of said representative become a source of trouble, then upon written request by the Lessee to the Lessor, Lessor shall see that such objectionable conduct shall cease or shall replace such representative with another so that the work may continue harmoniously and in the event that after such objectionable conduct on the part of such repre- sentative shall not cease. Lessee shall be entitled to remove such representative from the premises and Lessor shall be entitled to appoint another representative to take the place of the representative so removed, as often as any particular representative shall become such source of trouble.

26. It is understood and agreed that until such time as the Lessor shall have received payment in full of the amount hereinabove pro- vided to be paid to the Lessor in paragraph 7 hereof to equal the reimbursement of the Lessee provided in paragraph 6 hereof, the Lessee shall pay to the Lessor the sum of $ per month.

In witness whereof, the parties hereto have caused their respective corporate names and seals to be hereunto affixed by their respective Presidents and Secretaries, thereunto authorized by resolution by their respective Boards of Directors, the day and year first hereinabove written.

698 Appendix Forms And Precedents

FORM No. 14 RATIFICATION BY STOCKHOLDERS

Know all men by these presents, That we, the undersigned,

stockholders of Mining Company, a corporation organized

and existing under and by virtue of the laws of the State of ,

and having a capital stock of dollars, divided into

shares of the par value of dollars each, and severally the

owners and holders of record on the books of said corporation of the number of shares of the capital stock of said corporation set opposite our respective signatures, and together owning and holding more than

shares of the issued and outstanding capital stock of said

corporation, being fully advised in the premises, hereby agree, consent to, approve of, ratify and confirm the foregoing option and lease.

In witness whereof, we have hereunto set our hands this

day of 19

Name of Stockholder. No. of Shares.

Certificate of Secretary

I, , do hereby certify that I am the duly appointed and

acting secretary of Mining Company, a corporation organized

and existing under and by virtue of the laws of the State of

That the capital stock of said corporation is dollars, divided

into shares of the par value of dollars each.

That shares of said capital stock of said corporation have

been issued and are now outstanding. That the persons siging the above and foregoing ratification at the time their respective signatures were affixed thereto were stockholders of said corporation, holding of

record at least of the entire issued and outstanding shares of

the capital stock of said corporation, and were at such time the owners and holders of the number of shares set oi)posite their respective names.

Witness my hand and the corporate seal of said corporation by me hereto affixed this day of , 19

FORM No. 1 5 SHORT FORM OF OPTION

In consideration of the sum of dollars, to me in hand paid,

I, the undersigned, will sell to , my certain mining claim known

as situate in Mining District, County of and

State of , for the sum of dollars, at any time within

months from date, payable as follows, to wit:

Upon full payment made I will convey said mining claim to said optionee by a good and sufficient deed.

The right of entry and exclusive possession of said premises is hereby given to said optionee together with the right to extract ore therefrom, but with no right thereto or removal thereof, unless and until this option be consummated according to its terms

AH work done upon said mining claim by said optionee shall be done in a minerlike manner and at the sole cost and expense of the

Lease (Colorado Form) 699

optionee. Actual work upon said premises to commence on

rind to proceed with reasonable diligence unless prevented by strikes, the elements, unavoidable accidents or other causes beyond the control of the optionee.

The optionee shall keep said premises free and clear of all costs, liens and encumbrances done, made or suffered by him.

The optionee shall and will quietly and peacefully quit and surren- render said premises and any ore extracted by him therefrom upon the termination of this option from any legal cause.

Upon the failure to make any pajraents herein provided for upon said purchase price of said premises at the time herein specified for the same to be made the right of the optionee shall immediately cease and determine and the payments theretofore made by him shall immediately become the property of the optioner, and the optionee hereby waives all claim thereto.

All machinery and improvements placed upon said premises by the optionee may be removed by him within days after the termina- tion of this option.

Witness mv hand this dav of

FORM No. 16 ASSIGNMENT OF LEASE AND OPTION

(Precedent in Pollard v. Sayre, 45 Colo. 195. 98 Pac. 816)

For and in consideration of the sum of dollars, to me in

hand paid, by , the receipt whereof is hereby acknowledged,

and the further sum of dollars, to be paid to me, my

executors, administrators, or assigns, within months from

the date hereof, I hereby sell, assign, transfer and convey to said

the \vithin bond and lease and all my right, title, and

interest therein and all my right, title and interest in and to the real estate therein described. The deferred payment to be deposited in the bank, to the credit of

It is hereby agreed that no personal liability shall attach to said

for said deferred payment, and that it shall be optional with

him whether he shall make the same; but if not paid then all rights

acquired by said by virtue hereof in and to the within

bond and lease and in and to the real estate therein described, shall

become forfeited and all payments theretofore made by said

shall be likewise forfeited to me and the above assignment and con- veyance become null and void.

In witness whereof, I have hereunto set my hand and seal this day of , 19

FORM No. 17 LEASE (COLORADO FORM)

This agreement of lease made and entered into this day of

in the year of our Lord one thousand nine hundred and

, by and between The Company, a

700 Appendix Forms And Precedents

corporation, (hereinafter termed 'Hhe Lessor") party of the first part,

and , (hereinafter termed Lessee"), party of the

second part.

Witnesseth, That the said Lessor, for and in consideration of the rents, covenants, agreements, payments and royalties hereinafter reserved and bj' the said Lessee to be paid, kept and performed, has granted, let and demised, and by these presents does grant, let and demise unto said Lessee the following described mining property, sit- uate in the Mining District, County, ,

to-wit: All of and lode mining claims belonging

to the Company situate oii , except that part

lying below the level of the Tunnel.

The rights hereby granted are limited to within the vertical planes of the boundary lines of the above described premises, all extra-lateral rights, if any, being reserved to the Lessor, and Lessee shall have no right to extend his workings beyond such vertical planes.

There are expressly excluded from the above described premises any portions thereof which have been or may be deeded, relinquished or lost to the Lessor in settlement of conflicts or otherwise.

The rights herein granted to the premises hereby leased are limited to that part lying above the level of the Tunnel.

The Lessor herein reserves the right to all dumps now located or which may hereafter be placed upon the premises hereby leased, together with the right, for itself or any parties acting through or under it, to enter upon any and all portions of said premises to sort, screen, wash, sell or remove from said premises any portion or all of any dumps which may be located thereon.

To have and to hold the said demised premises for the purpose of

mining, and for no other purpose, for the term of years from

the date hereof, to expire at noon on the day of A. D.

19 , unless sooner forfeited or determined through violation of any

agreement, covenant or condition hereinafter contained, to be kept and performed by the said Lessee.

In consideration of said lease, the said Lessee does hereby covenant and agree severally and jointly with the said Lessor as follows :

1. To enter upon said premises, and to commence work thereon

within days from the date of this lease, and to work the same

mine-fashion in manner necessary and appropriate to good and eco- nomical mining, so as to take out the greatest amount of ore possible with due regard to the safety, development and preservation of the same as a workable mine; all work, timbering, construction and instal- lation of improvements to be subject to the inspection and approval of the general manager, superintendent or other representative of the Lessor.

2. To work and mine the said premises as aforcvsaid steadily and

continuously during the term of this lease, with not less than

shifts of underground work during each and every calendar month of the term of this lea.se, except as stated in Paragraph 6a. No excess above the required number of shifts in any one month to apply on any otiier month, and a failure on the part of the said Lessee to work said premises with at least said number of shifts each calendar month, or failure to work said premises at all for ten consecutive days, may be

Colorado Lease 701

considered by the Lessor a violation of this lease, and shall, at the option of the Lessor, and without demand or notice, work a forfeiture of this lease. The word shift" is taken and accepted to mean the labor of one man for one day of at least eight hours.

3. To well and sufficiently timber with strong, well fitted and dur- able timbers, all the workings on the premises hereby leased at all points where proper, in accordance with good mining, and for ventilation, and to promptly repair or replace all timbering which may be rendered insufficient by any cause whatsoever: to keep the timbering of said workings at all times in good, safe and serviceable condition, and to remove no timbering, pipe, rails, track, etc., from any portion of said premises without the written consent of the Lessor, its Manager or any duly authorized agent.

4. To keep at all times all drifts, tunnels, shafts, winzes and other workings in said premises thoroughly drained and clear of loose rock and rubbish, and in an absolutely safe and secure condition, unless pre- vented by extraordinary mining casualty, and to maintain at all times and leave the floors of all drifts, crosscuts and other workings in good, even, unobstructed condition, and to stow no waste underground, nor fill any stopes, without the written consent of the Lessor, its Manager or any duly authorized agent.

5. To do no underhand stoping, whether for the purpose of pros- pecting or taking out of ore, or for any other purpose whatsoever. To do no stoping or mining within twenty feet of any shaft or incline except with the written consent and under the direction of the Lessor, its Manager or any duly authorized agent. To run all drifts and levels upon the grade designated by the Lessor, its Manager or other author- ized agent.

6. To make and keep all shafts, excepting as hereinafter provided,

not less than feet long by feet wide in the clear of timbers

throughout their entire depths, keeping them vertical and plumb throughout their entire depths, and timbered throughout their entire depths, either with square sets, closely lagged, or with cribbing which

shall be at least by inches in size; to keep all ascents and

descents in the workings fully equipped at all times with substantial ladders and partitions throughout their entire depths; to make and

keep all tunnels, drifts, crosscuts, raises and winzes not less than

by feet in the clear of all timbers and to comply with all of the

requirements of the laws of the State of

6a. It is understood and agreed that during the first six months of

this lease shifts per month only will be required, shifts

per month underground during the second six months and

shifts per month underground during the second and third years and shifts per month during the fourth and fifth years.

7. It is understood and agreed that beginning with the third year one hundred feet of sinking is to be done each year, said sinking to be completed before the day of — of each year. Other develop- ment satisfactory to the parties hereto may be substituted for the above mentioned sinking. It is understood and agreed the Lessee be permitted to sublease any portion of the premises he may desire and that the work done by the sublessees may apply on the required number of shifts up to one-half the necessary amount, providing the said sublessee work

702 Appendix — Forms And Precedents

consists of drifting, crosscutting, raising or winzing satisfactory to both parties.

7a. It is understood and agrrced that Lessee will carry insurance

on the plant and buildings to the amount of $ being the amount

at present in force.

8. To cause or permit no timber standing on the premises hereby leased to be cut or injured in any way or for any purpose ; to cause or permit no buildings or structures of any kind to be erected or to remain upon said premises, except such as are necessary for the actual working of the mine, or for hoisting, sorting or shipping of ores extracted there- from except and in so far as authorized in writing by the Lessor, its manager or any duly authorized agent; and to keep all buildings, machinery and improvements upon the leased premises in repair and at the expiration, cancellation or forfeiture of this lease, to return same in as good condition as they are at the present time, ordinary wear and tear alone excepted.

9. To allow the Lessor, its manager or any duly authorized agent or representative at any and all times; (a) to enter and visit all parts of said leased premises and the workings thereon for the purpose of inspection and taking of assay samples; (b) to take samples from any ores awaiting shipment; (c) to have surveys made of the workings by the Lessor's surveyor and assistants whether under or above ground, or both, as often as the Lessor, its manager or any duly authorized agent shall so order, and also furnish to Lessor copies of blueprints of all surveys or maps made by the Lessee; and generally to facilitate in every way such inspection, surveys and sampling, as above provided.

10. There is expressly reserved to the Lessor rights of way through the premises hereby leased for the more convenient working or examina- tion of adjacent ground, but such rights-of-way shall be so exercised as not to interfere, more than is necessary, with the operations of the Lessee therein and there is also expressly reserved to the Lessor the right and privilege to do any and all development work upon the prem- ises hereby leased which may be rendered desirable by reason of any litigation or controversy which may arise and which may affect said leased premises or other adjacent property in which the Lessor is inter- ested, and to use the workings of the Lessee herein in prosecuting such development work, providing that the same shall not interfere more than is necessary with the mining operations of the Lessee and that all ore mined in the prosecution of such development work shall belong to the Les.see herein (in so far as the same shall be taken from ground hereby leased) subject to the royalty hereinafter provided.

11. The Lessee agrees to render to the Lessor, on or before the

day of each month, a written statement showing the number of shifts worked, the wages therefor, amount of salaries, value of supplies and all other expenses of operating this lease incurred during the preceding month, and to afford the Lessor, its manager or any duly authorized agent, every facility, at all times, for the inspection and copying of all books, assay journals, assay certificates, accounts, pay-rolls, vouchers, correspondence and papers generally of said Lessee in so far only as they may relate to indebtedness or liabilities incurred or claimed for work, services or materials in respect of said premises, or the develop- ment of other workings thereon, or shipment of ore therefrom.

Colorado Lease 703

12. To keep said premises and every part thereof at all times free and clear of all mechanics ' or miners ' liens or other liens, encumbrances

or liabilities; to settle, pay and discharge on or before the day of

each calendar month, all indebtedness and liabilities incurred by the said Lessee prior to the expiration of the preceding calendar month for work done, services rendered or material furnished in respect of said premises, and to forthwith post, and at all times keep posted in some conspicuous place upon the premises hereby leased a notice that said premises are leased to the Lessee and that the interest of the Lessor therein shall not be subject to any lien for services, labor or material furnished upon or used in connection with this lease, or said leased premises, said notice to be on behalf and in the name of the Lessor Company with the signature of the Lessee also attached.

13. To furnish to the Lessor, its manager or any duly authorized agent, full, true and accurate information regard to the condition of said workings or any part thereof or the quality or character of the mineral therein, and to immediately give the Lessor notice of any dis- covery of any mineral.

14. To allow no persons not in privity with the parties hereto to take or hold possession of said premises or any part thereof under any claim or pretense whatsoever.

15. To assume all responsibility for and save the Lessor harmless from any and all accidents to himself or any of his employees, sublesseee, licensees, agents, associates or visitors, upon the property of the Lessor, as herein leased and to forthwith post and at all times keep posted at the main working upon the premises hereby leased, a conspicuous notice in the name and on behalf of the Lessor, with the name of the Lessee also attached stating in substance that the premises are leased to the Lessee and that the Lessor will not be liable for damages on account of any such accident. The Lessor shall under no circumstances be liable to the Lessee or his agents, servants, employees, licensees, sublessees, associates, visitors or any other person, on account of any such accident.

16. To ship all ore with reasonable diligence after mining, with the right reserved to the Lessor to take and remove all ores not so shipped with reasonable diligence and to apply the proceeds under the directions of this lease ; to notify the Lessor, its manager or any duly authorized agent, whenever ore is ready for shipment, giving the estimated ton- nage and value thereof, also the intended purchaser, but it is expressly understood and agreed that all ore extracted from said leased premises shall be shipped in the name of the Lessor and Lessee and shall be routed and sent to and treated at the mill, smelter, sampler, or reduc- tion works satisfactory to both parties.

17. It is expressly understood and agreed that the Lessor reserves the property and right of property in and to all ores extracted or to be extracted from said premises and in and to all ores not shipped within ten days after the expiration or other termination of this lease ; that all ores which are of too low grade for profitable shipment shall remain on the premises, subject to the sole control and disposition of the Lessor, and that any loss or expense resulting from or incident to any shipment of such low grade ore shall be borne and' paid by the Lessee ; that all low grade ore not shipped shall be kept separate from and not mixed with waste, so that it may be available for shipment at any time by

704 Appendix — Forms And Precedents

the Lessor, and said low grade ore shall be deposited as directed by the Lessor, its manager or any duly authorized agent.

18. Said Lessee furthermore agrees that if he shall discover, in working said premises, any side veins, cross veins, spurs or feeders he shall at once notify the Lessor and said side veins, cross veins, spurs or feeders shall be and remain the property of the Lessor, but the same shall be included in this lease.

19. To pay and deliver, or cause to be paid and delivered to said Lessor, as a rental or royalty upon all ores extracted and shipped or sold from said premises, the following royalty, the rate of which is to be determined in each case by the gross value of the ore, without deduc- tion for transportation and treatment, but the amount of royalty at the rate so determined to be computed upon the net value (the net value of said ores to be deemed in each case to be their value, less transportation and treatment charges with deduction for hauling, switching or sam- pling) to wit: per cent on all ores up to and including $ per

ton; per cent on all ores from $ and including $

per ton; per cent (--) on all ores from $ and including $

per ton; per cent ( ) on all ores over $ per ton.

The Lessee further covenants and agrees to pay his pro rata of all taxes assessed against the leased premises according to the value of ore mined and shipped therefrom under the terms of this lease and it is hereby mutually agreed that the Lessor shall, in lieu of the Lessee's pro- portion of said taxes, retain from all shipments per cent of the

gross value thereof after deducting transportation and treatment charges. To cause said royalty to be left at the mill, smelter, sampler or reduction works purchasing said ore, payable to the order of the Lessor, on duplicate returns thereof. The Lessor shall not be liable for the proceeds of ore lost through theft or by any accident or failure of the ore buyer.

20. The Lessor reserves the right at all times to keep its manager or any duly authorized agent at said leased premises, in whose presence all ore shall be classed, graded, sorted and shipped and said manager or agent shall be permitted to take samples from all ores mined or sorted for examination or assay. In case any dispute shall arise between the Lessor and the Lessee or between the agents of the parties hereto, in regard to the classing, sorting, grading or shipping of any of said ores, then in that case all shipments of said ore in question shall cease until the controversy is settled by arbitration, as hereinafter provided, to wit : The Lessor and Lessee shall each choose one representative and the two so chosen shall choose a third, and the three so chosen shall pass upon said difficulty, and their decision shall be final; and the cost of arbitration, as above provided, is to be borne by the parties hereto in proportion to the division of returns received for the ore in dispute, and said cost may be deducted from said cash returns before division.

21. It is furthermore agreed and understood between the parties hereto, that the Lessee herein shall not cause this lease nor any sub- lease or assignment thereof to be recorded in any public records.

22. This lease is personal to the said Lessee and neither said lease nor any interest of said Lessee therein or thereunder shall be assigned, transferred or granted (whether in the form of a sublease or otherwise, daring the term hereof, without the consent in writing of the Lessor, its

Colorado Lease 705

manager or any duly authorized aent first thereto had and obtained; and in any event no work done by sublessees shall be included in the computation of the work required to be done by the Lessee except as designated in article 7.

23. It is expressly covenanted and agreed between the parties hereto that, should any legal proceedings be instituted, such as injunction, apex suits or any other proceedings whatsoever, which would interfere with the possession and enjoyment of the said demised premises, that the Lessee shall under no circumstances attempt to hold the Lessor liable in damages or otherwise to the Lessee therefor on account of such dis- turbed and interrupted possession and enjoyment.

24. It is furthermore agreed and understood that the Lessor reserves the right of property to all dumps located upon the said demised premises.

25. The said Lessee does hereby furthermore agree that he will employ no man upon or in working the premises herein leased, who is not satisfactory to the Lessor and that, upon the first day of each month the said Lessee will furnish the Lessor a complete list of all employees working in, upon or about said premises, and that he will promptly discharge any person or persons upon notification from the Lessor that such persons or person are not satisfactory to the said Lessor.

26. It is understood and agreed that the Lessee be permitted to assign this lease to his associates either in the form of a partnership or corporation to be formed, otherwise Article 22 will govern. Lessee will

be allowed to work other properties through the working

preference being given to work. In case of shortage of

dump room, arrangements to be made by Lessee for additional room or other than work.

27. Said Lessee does hereby furthermore covenant and agree that in case he fails to commence work on said premises as aforesaid, or to work and mine the same continuously, with diligence and in a work- manlike manner, or to keep the same securely timbered, drained, clear and in safe condition, or to allow inspection, sampling or survey thereof, or to furnish true information regarding the same according to the conditions herein, or to render monthly statements as provided for herein ; or to keep the same free from liens, or to keep notices posted upon the leased premises in manner provided herein, or to make monthly settlement for work, services and materials or to duly notify the Lessor when ore is ready for shipment, or to pay loss in shipping under- grade ore, all as above provided, or shall do any underhand stoping, or assign or sublet any interest in this lease or said premises without written consent of Lessor, or shall record or allow this lease to be recorded or any sublease or assignment thereof, or shall in these or any other respects fail to keep and fulfill any and all conditions, covenants or agreements herein expressed or implied, then and in that case the term of this lease shall at the option of the Lessor, expire, and it shall be lawful for the Lessor, its manager, attorney or other duly authorized agent, to declare this lease void and of no effect thereafter, and with or without process of law and without notice to the Lessee to enter upon and take possession of said premises, and dispossess all persons occu- the same ; and in such case, and also at the expiration of this lease

706 Appendix — Forms And Precedents

by limitation, to wit, at noon of the last day of the term hereby granted as aforesaid, said Lessee hereby agrees to surrender, yield and deliver to the Lessor its successors or assigns, quiet and peaceable possession and enjoyment of said premises and all buildings and other improvements thereon and therein, including tracks, rail, pipelines and underground improvements except machinery belonging to Lessee and all dumps, ores or other minerals detached or broken down from said premises, but still remaining thereon, together with the appurtenances, in good order and condition, with all drifts, shafts, tunnels, winzes and other passages and workings, thoroughly clear of loose rock and rubbish, and drained, and the mine ready for immediate continued working (accidents not arising from negligence alone excusing) without demand or further notice.

28. Time is the essence of this contract in all particulars.

29. All of the operations of the Lessee under this lease shall be so conducted as to fully comply in every respect with the laws of the State of

30. The Lessee hereby agrees to carry a Workmen 's Compensation policy in a responsible Company, said policy to be placed in force forth- with.

31. This agreement shall be binding and enforceable by the respec- tive successors, heirs, executors, administrators and assigns of the par- ties hereto.

In witness whereof the respective parties hereto have caused this instrument to be executed, on the day and date first above written.

Executed in duplicate.

FORM No. 18 LEASE WITH PRIVILEGE OF PURCHASE

(Precedent in Settle v. Winters, 2 Idaho (Hash.) 215, 10 Pac. 216.) This indenture, with privilege of purchase, made and executed this

day of , 19 , by and between ,

the parties of the first part, and , the parties of the

second part.

Witnesseth : That the said parties of the first part, for and in con- sideration of dollars to them in hand paid, at and before

the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, do hereby covenant and agree to and with the said parties of the second part, their heirs and assigns, as follows, to wit : That said parties of the first part hereby grant, demise, and lease to the said parties of the second part, the following described

property, situate, lying and being in Mining District,

County of , State of and more particularly

described as follows, to-wit :

(Description)

Also that certain and , known as the ,

now lying on said from the day of

19 , on the expiration of a certain lease of the and

mines, executed and delivered by the parties of the first

Lease With Purchase Privilege 707

part to and ; or in the event of the assignment

of said lease to the parties of the second part before the said

day of 19 , then from the date of such assijjnment until

the day of , 19 , upon the following terms

and conditions :

That said parties of the second part, so long as they shall deem fit to hold said property, and to mine and extract ore therefrom and to

pay the said parties of the first part of the gross proceeds

in manner hereinafter specified; and when the sum of

dollars shall have been paid, either out of the proceeds of the said property hereby leased, or otherwise, by the said parties of the second part to the parties of the first part, the said parties of the first part hereby covenant and agree, for themselves, their executors, admin- istrators and assigns, to and with said parties of the second part, their heirs and assigns, to convey to them by good and sufficient deed all of the above described property, free and clear of all incumbrance

upon such payment, provided, the said sum of dollars shall

have been paid on or before the day of 19

And the said parties of the second part hereby covenant and agree to enter upon said property, and to mine and extract ore from the same so long as they shall find it profitable ; to do the work in a proper and workmanlike manner, and at their own cost and expense ; and to hold and keep said property free and clear of all costs, charge or lien for the working of the same; and out of the gross proceeds of said

mines to pay thereof, as fast as taken out, to said parties

of the first part in a manner hereinafter specified; and, upon the expiration of the term hereby granted, to surrender up the possession of said premises, with all the improvements, to the said parties of the

first part, unless, on or before the said day of

19 , the said sum of dollars shall have been paid; and

in the event of the said parties of the second part, or their assigns failing to comply with either or any of the foregoing covenants, or any covenant, promise, or thing herein contained, on their part to be done, kept, or performed, that then it shall be lawful for said parties of the first part to re-enter, possess, and enjoy the above described property and premises, and every part thereof ; and the said parties of the second part hereby agree, in the event of such non-performance on their part, to surrender possession of the said premises upon demand by said parties of the first part claiming their right to re-enter.

It is hereby mutually covenanted and agreed by and between the parties to this instrument that the said parties of the first part shall have the right, at all times, of inspecting the said mines above described, and all mining operations and work thereon; that the said parties of the second part shall have the right, at any time, to stop work on said mines when they shall find or deem the same unprofitable; that, in working said ores, at each clean-up the said parties of the second part shall and will furnish a true account of all ores extracted and milled, and all bullion received, to the said parties of the first part ; that, in milling said ores so taken from said property, the said parties of the first part, if they so desire, shall have an equal right with said parties of the second part in milling the ores, cleaning and retorting the same, weighing and storing the bullion, until the said parties of the second

708 Appendix — Forms And Precedents

part receipt to them for of the proceeds; it being

expressly understood that upon each clean-up the said parties of the second part are to receipt to the said parties of the first part that they

own of the same, and that the said parties of the second

part hold the same for them ; and the said parties of the second part are tlic to dispose of the bullion to the best advantaire, and to pay to

the parties of the first part of the proceeds thereof in money,

currency or coin ; and upon such payment the parties of the first part

will credit said purchase price of dollars, with the sum so

received ; and, lastly, that in no event shall the said properties above described, or any part thereof, be held for any claim, cost, charge, or lien for working the same by the said parties ()f the second part, under this instrument; but, that all such work shall be done at the expense of the said parties of the second part solely and alone; and the said parties of the first part, for themselves, their executors, admin- istrators and assijrns hereby covenant and agree to and with the said parties of the second part, their heirs and assigns, to convey, by good and sntlficient deed, all the above described properties, free and clear of all incumbrances, to them, the said parties of the second part, or their assigns, at any time, upon the payment to them, the said parties

of the first part, of the sum of dollars, either out of the

proceeds of the said mines, or otherwise, on or before in the

manner hereinbefore specified, by the said parties of the second part, or their assigns. And it is hereby expressly a)id mutually covenanted and agreed that this covenant shall be taken, held and deemed a covenant real, running with and binding the land.

In witness whereof, the said parties have hereunto, in duplicate set their hands and seals this day of 19

FORM No. 19

Oil And Gas Lease

(The subjoined is an approved form of an oil and gas lease. It i.s comnionlv called

the 'Texas Lease'.)

Agreement, made and entered into the day of

19 , by and between '

of

County of , State of ,

part of the first part hereinafter called lessor (whether one or

more) and , party of the second part hereinafter

called lessee.

Witnesseth, That the said lessor, for and in consideration of

dollars cash in hand paid, receipt of which is hereby

acknowledged, and of the covenants and agreements hereinafter con- tained on the part of lessee to be })aid, kept and performed, ha

For another form of oil lease, see Washburn v. Gillespie, 261 Fed. 42, See, aloo, Ricketts on Minos, 2d ed., Form No. 40. For form of oil leases in Indiana, Kansas, New York, Pennsylvania, Tennessee, see Donahue Pet. and Gas., SS 28-34 ; Thornton's Oil and Qas, appendix.

For an "entertaining and illuminating discussion of the faults of lease forma, which too often are cluttered with obsolete, vague and redundant phraseologv," see Robert M. Pease, In Oil Bulletin (Los Angeles), Vol. XVII. No. 1, pp. 25-27, January,

Oil And Gas Lease 709

granted, conveyed, demised, leased and let, and by these presents do

grant, convey, demise, lease and let exclusively unto the said lessee, for the sole and only purpose of mining and operating for oil and gas, and of laying pipe lines, and of building tanks, power-stations and struc- tures thereon to produce, save and take care of said products, all that

certain tract of land situated in the County of ,-

State of , Section ,

Township , Range, , ,

M., and containing acres, more or less.

It is agreed that this lease shall remain in force for a term of

years from this date, and as long thereafter as oil or gas,

or either of them, is produced from said land by the lessee.

In consideration of the premises the said lessee covenants and agrees :

1st. To deliver to the credit of lessor, free of cost, in the tanks or

pipe lines to Avhich he may connect his wells, the equal

part of all oil produced and saved from the leased premises.

2d. To pay the lessor dollars

each year in advance, for the gas from each well where gas only is found, while the same is being used off the premises, and lessor to have gas free of cost from any such well for all stoves and all inside lights in the principal dwelling house on said land during the same time by making his own connection with the well at his own risk and expense.

3d. To pay lessor for gas produced from any oil well and used off

the premises at the rate of dollars

per year, for the time during which such gas shall be used, said pay- ments to be made each three months in advance.

If no well be commenced on said land on or before the

day of , 19 , this lease shall terminate as to both

parties, unless the lessee on or before that date shall pay or tender to

the lessor, or to the lessor's credit in the Bank at

, or its successors, which shall continue

as the depository regardless of changes in the ownership of said land,

the sum of dollars, which shall

operate as a rental and cover the privilege of deferring the commence- ment of a well for months from said date. In like manner and

upon like payments or tenders the commencement of a well may be further deferred for like period of the same number of months succes- sively. And it is understood and agreed that the consideration first recited herein, the down payment covers not only the privileges granted to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights conferred.

Should the first well drilled on the above described laud be a dry hole, then, and in that event, if a second well is not comifienced on said land within twelve months from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the lessee on or before the expiration of said twelve months shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that upon the resumption of the payment of rentals, as above provided, that the last preceding paragraph hereof, governing the payment of rentals and

710 Appendix — Forms And Precedents

the eflFeet thereof, shall continue in force just as thougrh there had been no interruption in the rental payments.

If said lessor ovns a less interest in the above described land than the entire and undivided fee simple estate therein, the royalties and rentals herein provided shall be paid the lessor only in the proportion which interest bears to the whole and undivided fee.

Lessee shall have the rijiht to use, free of cost, gas, oil and water produced on said land for his operations thereon except water from wells of lessor.

When requested by lessor, lessee shall bury his pipe lines below plow depth. No well shall be drilled nearer than 200 feet to the house or barn now on said premises. Lessee shall pay for damages caused by his operations to growing crops on said land. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing.

If the estate of either party hereto is assijrned — and the privilege of assigning in whole or in part is expressly allowed — the covenants hereof shall extend to the assigns and successive assigns, but no change in the OAvnership of the land or assignment of rentals or royalties shall be binding on the lessee until after the lessee has been furnished a written transfer or assignment or a true copy thereof ; and it is hereby agreed that in the event this lease shall be assigned as to a part or as to parts of tlie above described lands and the assignee or assignees of such part or parts shall fail or make default in the payment of the propor- tionate ])art of the rents due from him or them, such default shall not operate to defeat or affect this lease in so far as it covers a part or parts of said lands upon which the said lessee or any assignee thereof shall make due payment of said rental.

Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the lessee shall have the right at any time to redeem for lessor, by payment, and mortgages, taxes or other Hens on the above described lands, in the event of default of payment by lessor, and be subrogated to the rights of the holder thereof.

In testimony whereof, we, in duplicate, sign, this the

day of J , 19

FORM No. 20 ASSIGNMENT OF LEASE—OIL AND GAS

(Precedent in Ratcliff v. Paul, 114 Kan. 506, 220 Pac. 279)

Know all men by these presents: That , on this

day of , for and in consideration of one dollar and other

considerations, the reeript whereof is hereby acknowledged, do hereby

assign, sell, transfer and set over unto all right.

title, and interest, in and to an oil and gas mining lease, the land assigned being described to wit: (Description) (Record reference to lease). That are the lawful owner— and holder. . of said oil

aBMlnment of United States oil and gas leases, see General Land Office Circular No. 1604, sm amended March 9, l!t2.

Extension Of Lease 711

and gas mining lease, and the same is free from all incumbrances and

that have good right and title to sell and assign the same.

Witness hand__ the day and year first above written.

I, , wife of the said , for the considera- tions aforesaid, do hereby join in this assignment and hereby release and relinquish all my rights of dower and homestead in and to the lease and rights above assigned and transferred.

Witness my hand this day of ,

FORM No. 21 CONJOINT DEED AND LEASE

(Precedent in Wright v. Garter Oil Co., 97 Okla. 46, 223 Pac. 835) State of

County of 5

ss.

Know all men by these presents: That and ,

parties of the first part, in consideration of the sum of dollars,

in hand paid, the receipt of which is hereby acknowledged, do hereby

grant, bargain, sell and convey unto , the party of the

second part, an undivided interest in and to all of the mineral

rights, including oil, natural gas and petroleum in (descrip- tion) in County, State of , with the right and

privilege to the grantors and grantee, or either of them, to go on said land and explore, operate, drill and mine for oil and gas, and other minerals, and to sell the products thereof and divide the same or the proceeds thereof as their interests appear and as provided herein. It is expressly understood, however, that this grant is subject to a

certain oil and gas lease now on said premises, dated ,

made and executed by the grantors to the Company.

Signed and delivered this the day of

Witnesses :

FORM No. 22 EXTENSION OF LEASE

(Precedent in Pellissier v. Pan- American Co., 62 Cal. A. 546, 217 Pac. 570)

The lessor- hereby agree— that in lieu of commencing and pros- ecuting operations, for the drilling of a well upon said land described

in and leased by said indenture of lease, the lessee. may, if shall

so elect, pay to the lessor on the day of each and every calendar

month, for an additional period of months, commencing on the

For additional forms of a conjoint deed and lease, see Texas Co. v. Davis,

Tex. C. A. , 254 SW. 304 ; Munsey v. Marnet Oil Co., Tex. C. A. , 254

Sw. 311.

712 Appendix Forms And Precedents

daj of , as and for rental for said land the sum

of dollars per month, and such payments so made from

month to month, shall relieve the lessee of and from all obligations to

commence or prosecute any drilling or other operations upon said land during such month.

In witness whereof the said lessor. hereunto set

FORM No. 23 NOTICE OF FORFEITURE OF LEASE

(Precedent in Mathews Slate Co. v. New Empire Slate Co., 122 Fed. 972)

To (lessee) and assigns and employees:

Take notice that under and by virtue of the provisions of the lease

from the Company to bearing date the

day of — , 19 , that the said compan} has exercised and does

hereby exercise its option to teriainate tliis lease and to reenter upon and possess itself of the premises demised for the reasons that the said and his successors in interest have failed to keep and per- form their promises, contracts, and agreements in said instrument set forth, as follows:

(Insert ground of forfeiture)

And you are hereby notified that all rights and privileges conveyed and contracted under said instrument have become forfeit and are hereby terminated. Dated , 19

FORM No. 24 NOTICE OF FORFEITURE AND TERMINATION

To and to the Company, a corporation.

You and each of you will please take notice that that certain inden- ture or agreement, inade and entered into on the day of ,

19 , by and between the undersigned and

and signed by said on to the

Company, has been forfeited and terminated, and the

undersigned hereby elects to and does declare the same forfeited and

terminated because of the failure of the said and the

said Company to commence active work as in said

indenture or agreement provided, on the dav of ,

And you and each of you will further take notice that the under- signed without in any way waiving the forfeiture arid termination of said lease and agreement, for the reason aforesaid, does hereby elect and does terminate the .same and does hereby demanvl tliat you and each of you surrender and quitclaim to the undersigned forthwith any riglit, title and interest you have or have ever had b}' virtue of said lease or agreement in or to any part of the lands and premises

Gas Agreement 713

situate in County, Siate of , and more

particularly described in said lease or agreement, as follows, to wit :

(Description)

In Avitness whereof, the said has hereunto set his

hand this day of , 19

Witness :

FORM No. 2 5 GAS AGREEMENT

This agreement, made and entered into this day of

, 19 , by and between

as Lessor (whether one or more), and

as Lessee.

Witnesseth :

Whereas the Lessor is now drilling or conte.placing- tlie drilliiij>: of an oil well or wells and producing- natural p-as therefioni in the

district known as and more particularly described as

and

Whereas it is thought that said gas will contain in gsseous form certain hydrocarbons, which are liquids at ordinary atmospheric tem- peratures and pressures, said hydrocarbons being hereinafter referred to as ''gasoline," and

Whereas it is the intention and desire of the parties hereto that the Lessee extract the gasoline contained in said gas by means of one or more plants to be operated by the Lessee; now, therefore,

The parties hereto do hereby agree as follows :

First : The Lessor hereby grants unto the Lessee the sole and exclu- sive right or privilege to extract gasoline from any and all natural gas produced during the term hereof from any and all wells now drilled or drilling or that may hereafter be drilled on the property herein- before described, together with the sole and exclusive rigiit or privilege of collecting said gas from said wells and transmitting the same to the plant or plants of the Lessee.

Second: The Lessor grants to the Lessee a right of way for the emplo3ees and vehicles of the Lessee over and across said lands of the Lessor for any and all purposes necessary or proper in connection with the business of the Lessee, and a right of way for the erection, con- structioi*!, maintenance and operation of telephone and telegraph lines, oil pipe lines, wet and dry gas lines and water lines, all of said rights of way to be at such points as shall be designated by the Lessor and the right to construct, maintain and operate plant or plants for the extraction of gasoline and marketing of dry gas, all of which shall be used in such manner as not to unreasonably interfere with the operation of the Lessor.

Third : The Lessor shall use reasonable diligence to save and collect said gas so that the same may be delivered to the Lessee in accordance herewith, but neither party hereto shall be under any obligation to store gas. The Lessor shall have the right to disconnect any well from

714 Appendix — Forms And Precedents

the pipeline system of the Lessee during such times as the connection of said well with the pipeline system of the Lessee would materially interfere with the production of oil from well.

Fourth : Said natural gas produced from any well shall be delivered to the Lessee at the casinghead of said well but if the gas from said well is produced with the oil therefrom, then said gas shall be delivered to the Lessee at trap or other apparatus, which shall be installed by the Lessor for the separation of the gas from said oil. The Lessee shall not be required to take delivery of any gas at any time at a pressure less than that then existing on the Lessee's intake lines. The Lessor shall use reasonable diligence to prevent air from becoming mixed with said gas prior to its delivery to the Lessee.

Fifth : In the event the gasoline content of said natural gas is less

than tenths of a gallon per thousand cubic feet of gas, then

the Lessee shall have the right either to treat said gas or class it as dry gas. The Lessee shall not be obligated to accept and treat in excess of cubic feet of natural gas hereunder in any one day.

Sixth: It is particularly understood and agreed that the Lessor shall determine and regulate the pressure at which the gas and/or oil from any wells shall be produced, and that the Lessee shall not cause pressures which are less than atmosphere to exist on any of said wells or on any trap connected to any of said wells, without the consent of the Lessor. The Lessee shall operate its plants, pipelines, machinery and equipment in such manner as not to interfere with the production of oil from any and all of said wells.

Seventh: The Lessee agrees to lay pipelines connecting the wells on said lands with the plant of the Lessee.

Eighth : The Lessee may receive and treat gas belonging to other parties at the plant or plants at which the Lessor's gas is received or treated and shall have t>ie right to mix or commingle such other gas with that obtained from the Lessor.

Ninth : The Lessee shall measure the gas received from each separ- ate lease, by means of good and sufficient recording meters of standard make, which shall be installed, maintained and operated by Lessee. The Lessee shall also install good and sufficient meters of standard make for measuring the total amount of gas received from all sources at each of its plants where the Lessor's gas is treated, together with good and sufficient recording meters of standard make to measure the total amount of dry gas discharged from said plants. The Lessor shall have the right to have a representative present at such times as any of the meters are read and to examine any of said meters for the purpose of checking the measurements as determined by the Lessee. The amount of gas received from any separate lease, shall be as shown by the read- ing of the meter measuring said gas, provided, however, that if a test of any meter shows that the same does not register within two (2%) per cent fast or slow of the correct amount, then proper correction of the amount of gas shown by the reading of said meter and said test shall be made but for the current calendar month only. Said meters shall be tested from time to time by the Lessee to determine the accuracy thereof. Upon demand of the Lessor any of said meters shall be tested at any time. If upon such test, it develops that said

J

Gas Agreement 715

meter registers within per cent ( %) fast or slow of the correct

amount, then the expense of said test shall be borne by the Lessor otherwise, such expense shall be borne by the Lessee. The Lessor shall have the right to have a representative present during the testing of any of said meters.

Tenth: The Lessee shall from time to time and at least once in thirty days make such tests of the gas delivered to the Lessee from each separate lease, as will enable the Lessee to determine with reasonable accuracy the amount of gasoline contained therein per thou- sand cubic feet.

Eleventh: The amount of gasoline produced from the gas belong- ing to the Lessor when mixed or commingled with other gas, shall be such proportion of all the gasoline produced from said mixed or com- mingled gas as the computed gasoline in the Lessor's gas bears to the computed gasoline in all of said mixed or commingled gas, as determined from the meter readings and tests hereinbefore mentioned. The amount of dry gas to be credited to the Lessor shall bear the same proportion to the total dry gas discharged from said plant or plants as the amount of gas received from the Lessor bears to the total amount of gas received by the Lessee from all sources at said plant, it being under- stood that the Lessee shall have the right to use so much of the dry gas at any plant as may be reasonably used or consumed or lost in the operation of said plant in the extraction of gasoline therefrom before same is discharged from said plant.

Twelfth: The Lessee shall return from the dry gas due to the Lessor, as much of said dry gas, discharged from the plant as the Lessor may require in operating the Lessor's lease and drilling activities. If there remains any dry gas due to the Lessor, the same may be sold by the Lessee, and in the event of such sale the Lessee agrees to pay the

Lessor per cent ( — %) of the proceeds of such sale or

sales as royalty. It is agreed that such gas as is returned to the Lessor shall be delivered to the Lessor's property on which active operations are being conducted at the point nearest the distributing lines of the Lessee. It is agreed that the Lessee will not be required to return

such dry gas at a pressure exceeding pounds per square

inch at the plant at which it is obtained.

Thirteenth: The Lessee agrees to pay as royalty per

cent ( — %) of the proceedings from the sale of the gasoline manu- factured from the gas of the Lessor.

Fourteenth : The Lessee agrees to furnish the Lessor with a report, not later than the day of each month, covering the opera- tions of the Lessee during the preceding month, and showing:

(a) The amount of Lessor's gas received from each separate lease.

(b) The amount of Lessor's gasoline saved and sold.

(c) The amount of dry gas returned to Lessor.

(d) A statement of the balance of the Lessor's dry gas; and

(e) A statement of royalties earned.

It is agreed that any and all objections to any of such reports must be made to the Lessee in writing not later than fifteen (15) days after the receipt thereof by the Lessor, and that such failure by the Lessor to make such objections in writing within such period of fifteen (15)

4—2

716 Appendix — Forms And Precedents

days shall create a conclusive presumption that such report is- correct in all particulars, and that if such fifteen (15) day period sliall have elapsed without any such vTritten objections having been made to the Lessee, the Lessor shall not thereafter have the right to question or dispute such report in any way.

Fifteenth : In the event that at any time or from time to time the Lessee is required to pay any tax, license or governmental charge, directly or indirectly, upon that part of the gasoline manufactured from the gas of the Lessor to which the Lessor is entitled as royalty or upon the proceeds of the sale of such royalty gasoline, the Lessor shall reimburse the Lessee for the full amount of such tax, license or governmental charge so paid by the Lessee.

Sixteenth : The Ijessee agrees to promptly pay before the same becomes delinquent all taxes, which may be assessed or levied during the term of this agreement, upon any property erected, placed or maintained by the Lessee upon any of the lands of the Lessor. In the event that the Lessee fails so to do, the Lessor shall pay such tax and the Lessee shall refund all amounts so paid by the Lessor, with interest

from the date of such payment at the rate of per cent ( %) per

annum upon demand being made therefor.

Seventeenth : The Lessee shall not suffer any lien or liens to be filed against the plants, pipelines, machinery and equipment, or any other property placed by the Iessee upon the lands of the Lessor for work, labor, material or supplies furnished in connection therewith, and if any such lien or liens is filed thereon the Lessee agrees to remove the same at its own expense and cost and shall pay any judgments which may be entered thereon or thereunder. Should the Lessee fail, neglect or refuse so to do, the Lessor shall have the right to pay any amount required to release any such lien or to defend any action brought thereon and to pay any judgment entered therein and the Lessee shall be liable to the Lessor for all costs, damages, and counsel fees, and any amounts expended in defending any proceedings or payment of any of said liens or any judgment obtained therefor.

Eighteenth : It is expressly understood and agreed that any failure of any party hereto to perform any of its obligations hereunder, shall be deemed excused if and to the extent that such failure is due to any act of God, inevitable accidents, strikes, interference by any author- ized public authority, or to any other cause or condition beyond the reasonable control of the party so failing to perform.

Nineteenth: The term natural gas'* or **gas" as used herein means that natural gas which in its original state as produced, and before the extraction of any gasoline therefrom, contains gasoline in commercial quantities and all other natural gas is referred to herein as **drygafl.''

Twentieth : It is agreed that this contract will begin from the date hereof and will continue as long as gas is produced by the Lessor in commercial quantities from said wells. All material and equipment used and/or installed upon the lands of the Lessor by the Lessee shall remain the property of the Lessee and upon the termination of this lease for any cause, the Lessee shall have ninety (90) days to remove its property oflf the premises, subject, however, to the conditions stated in paragraph seventeen (17) hereof. The Lessee may also remove the

Assignment Of Royalty Interest 717

material and equipment in or appurtenant to any plant or plants con- structed hereunder, when such plant or plants can no longer be oper- ated at a profit.

Twenty-first: The Lessors may elect, upon thirty days notice, in writing, to take their gasoline royalty either in cash or in kind; such election shall be exercised for periods of not less than six months. In the absence of an election by the Lessors, royalty shall be deemed pay- able in cash.

Twenty-second : Payments for royalty in cash shall be made by the

Lessee to the Lessors not later than the ( — th) day of each

calendar month for sales during the previous calendar month.

All fuel delivered to the Lessor shall be computed on the basis of cost to the Lessee, and the Lessee shall be entitled to retain from the dry gas accruing hereunder to the Lessor amounts sufficient to repay the Lessee for the dry gas so advanced.

The Lessor covenants and warrants title to the property hereip leased and agrees to defend the rights of Lessee herein against the claims of all parties affecting the rights of the Lessee.

This agreement shall bind and inure to the benefit of the successon and assigns of the respective parties hereto.

In witness whereof, the parties hereto have caused this instrument to be executed in duplicate by their respective officers thereunto duly authorized, the day and year first above written.

FORM No. 26 CONVEYANCE AND ASSIGNMENT OF ROYALTY INTEREST

(Precedent in Callahan v. Martin, 2 Cal. 2d 110, 43 Pac. (2d) 788)

Know all men by these presents: That and ,

his wife, of , hereinafter designated as the

(residence) td

sellers, for and in consideration of the sum of dollars, and

other valuable consideration to them in hand paid by

and , husband and wife, of

(residence)

hereinafter designated as the buyers: Do hereby grant, bargain and

convey unto said and , husband and wife, as

joint tenants, per cent landowner's royalty, being per

cent of all oil and gas and other hydro-carbon substances and/or min- erals produced or extracted and saved on the following described real

property located in the county of , state of ,

to wit :

(Description)

To have and to hold unto the said buyers or the survivor of them, their heirs and assigns forever.

In Witness Whereof, the said sellers have hereunto signed their names this day of ,

718 Appendix — Forms And Precedents

FORM No. 27 ESCROW AGREEMENT

(Precedent in Craig v. White, 187 Cal. 496, 202 Pac. 648) Company

Dear Sirs:

There is herewith delivered to you a deed of conveyance dated

, from the undersigned, , as grantor, to ,

as grantee, embracing in County, State of ,

which deed is placed in escrow with you and is to be held by you and delivered to said grantee, his heirs or assigns, upon the condition that he shall pay, and when he or they shall have paid to you for account of

the undersigned, or his heirs or assigns, the sum of dollars

($ ), in lawful money of the United States, at the time and in the

manner following, to wit: dollars ($ ) on or before

the day of , and a like sum on or before the

day of of each thereafter until the said

sum of dollars ($ ) is paid. Together with interest

upon all of the deferred payments at the rate of per cent

( %) per annum from , until paid, interest payable

at the same time as the payments of the principal installments as above. The whole unpaid balance may be paid at anj time and if the same shall

be paid within , all interest which shall have been actually

paid shall in that event be credited upon the principal, and considered as having been paid on that account and not as interest.

If the said grantee, his heirs or assigns, shall fail to make payment

of any of such installments at or before maturity, or within

days thereafter, he or they shall forfeit all right to have a delivery of the said deed, and shall forfeit all right to the moneys which may have been paid, and the said deed shall be re-delivered to the undersigned, his heirs or assigns, free from all claims or rights of the said grantee, his heirs or assigns.

Witness my hand at , this day of

I accept the terms of the within conditions. (Optioner.)

(Optionee.)

FORM No. 28 INSTRUCTIONS TO ESCROW HOLDER

(Precedent in Pollard v. Sayre, 45 Colo. 195, 98 Pac. 816)

To Bank at

Herewith enclosed find deed from the undersigned con- veying the and mining claims in Mining

District, County of State of This deed is to be

held by you in escrow subject to delivery to his heirs or

assigns, upon their complying with the conditions of a said

property executed by us to said , on the day of

, 19--, a copy of which is enclosed herewith. Upon the pay-

For another form of escrow agreement see Shreeves v. Pearson, 194 Cal. 702, 230 Pac. 448.

Grant Deed 719

ment of any sum as therein provided, thereof is to be placed

to the credit of

Dated , 19—.

FORM No. 29 POOLING AGREEMENT

To the Bank

Gentlemen :

We, and severally deliver to you the following

certificates, calling for the number of shares of capital stock of the

Mining Company and issued to the persons respectively as

herein named :

Certificate No to for shares.

Certificate No to for shares.

These certificates, numbers to inclusive, are to be held by

you as a depositary, and pursuant to the agreement of said persons (herewith evidenced by their signatures to this paper), are not to be redelivered by you to said persons, or any of them, except in the event you should receive instructions in writing signed by all of such persons, it having been, and being now agreed by them, that neither said certifi- cate nor the shares of stock called for thereby, nor any portion thereof, shall be sold, transferred or assigned to any person, or persons, or cor- poration or corporations without the consent, in writing, of all the said persons being obtained as aforesaid; but, provided, however, that said shares, or any of them, may be sold, transferred and assigned by any of said persons to any other of said persons without such consent.

The foregoing shall be construed both as a letter of instructions to the Bank of , and as an agreement between the undersigned.

In witness whereof, the said parties have hereunto set their hands, on , this, the day of ,

Addendum

(Precedent in Smith v. S. F. Ry. Co., 115 Cal. 584, 47 Pac. 582) It is mutually agreed between said persons that for the purpose of keeping control of said corporation in the interest of themselves (and of all persons who shall buy any portion of said stock from them) that

they will during the period of , from the date hereof, retain

the power to vote said shares in one body; and that the vote which shall be cast by said shares, whether for directors, or for any other purpose, shall be determined by ballot between them or their survivors. For voting trust see Cal. Civil Code, § 321a.

FORM No. 30 GRANT DEED

(Precedent in Carter v. Bacigalupi, 83 Cal. 187, 23 Pac. 363)

I, , grant to all that certain mining claim

situate in the Mining District, County of , State

of , and being the mining claim more fully

described in the notice of location thereof which is recorded in the office

720 Appendix — Forms And Precedents

of the county of said county on the day of ,

19 , in Book , at page of the record of (quartz

claims) of the records of said county and which said record is hereby

referred to and made a part hereof, (or being mineral survey No. )

Witness my hand this day of ,

Addendum

(Precedent in Catron v. South Butte Co., 181 Fed. 941) It being understood that the surface only is herebj' conveyed and that all minerals and metals and ores below the surface with the right to mine, prospect for, and extract the same, is hereby reserved to the parties of the first part, their heirs, representatives and assigns, and excepted and excluded from and not passed by this conveyance. But the said parties of the first part, their heirs, representatives and assigns covenant and agree that they will not mine or excavate under the sur- face of that portion of the lot above described, and wb.ich is covered

by the said lode, nearer to the surface than feet

from the present surface of the ground, but will in their mining opera- tions, leave feet below the present surface of the ground for

support. But they do not obligate themselves, or their heirs, repre- sentatives or assigns, to support or maintain the said feet by

timbers or otherwise, but only not to mine or excavate within

feet of the present surface.

And the said parties of the first part, for themselves, their heirs, personal representatives, and assigns, covenant and agree that they will

not mine or excavate under the surface of that portion of said

lode claim which is hereinbefore described, and hereby conveyed nearer

to the surface thereof than feet, but will so conduct their

mining operations as not to injure the surface rights hereby conveyed and so as to at all times abundantly protect said surface with a depth of feet thereunder.

FORM No. 3 1

Deed Of Trustees For Corporation

(This form if not applicable v/ithin California since the law of 1917. Usher v. Henkel, 205 Cal. 413, 271 Pac. 494.)

This indenture, made this day of , A. D. 19—,

between and as trustees for Company

and its stockholders, all of , the parties of the first part, and

of , in the State of , the part-__of the

second part, witnesseth:

Whereas, Company, a corporation heretofore duly organ- ized and existing under and by virtue of the laws of the State of

, and having its principal place of business at in

the County of and State of was, at the time of the

forfeiture of its charter hereinafter particularly mentioned and prior thereto and at all such times had and now has the record title to all and singular these certain raining claims, ground and premises sit- uate, lying and being in the Mining District, County of ,

Corporation Trustees Deed 721

State of , known as and hereinafter more particu- larly described ; and

Whereas, at the time of such forfeiture, and prior thereto, and in accordance with and as required by its articles of incorporation the corporate powers, business and property of said corporation were con- ducted, exorcised and controlled by a board of directors, and

AVhereas, said corporation continued to be a valid corporation

under and by virtue of the laws of the State of , until, on or

about the day of , on which last named day the

charter of said corporation became and was forfeited by reason of the failure and neglect of said corporation to pay to the Secretary of State

of the State of , the license tax for the year as

provided to be paid by corporations under the provisions of a certain

act of the legislature of the said State of , entitled *'An Act,

etc., Approved , 19__," and

Whereas, said corporation has not been relieved from said forfei- ture nor been rehabilitated under the provisions of said act and since the day lastly hereinbefore aforesaid the said corporation has had and now has no power nor right to do business ; and

Whereas, prior to the time of said forfeiture and on, to wit; the

day of , 19 , and were duly

elected as the directors of said corporation and thereafter acted as such. That while acting as such directors and prior to said forfeiture the said

died on the day of , That no

person was ever elected to fill the vacancy caused thereby and at the time of said forfeiture of said charter the said parties of the first part

were the only directors of said corporation in office and since

said time have been and now are the sole and otily directors of said corporation and by reason of said forfeiture of the said charter of said

corporation have become and now are the trustees for the said

compan3 and its stockholders; which said corporation had a capital stock of dollars, divided into shares.

Now, therefore,

The said parties of the first part, as trustees for said —

Company and its stockholders, in consideration of the sum of

dollars, to them in hand paid, hereby remise, release and quitclaim to

the said part of the second part, heirs and assigns

forever, all of the rights, title and interest which the said parties

of the first part, as such trustees for the said corporation, said

Company and its stockholders, now hold or have a right to convey, to all and singular all of the said mining claims so owned, claimed or held by the said Company.

(Description)

The said parties of the first part so make this conveyance upon the

press terms and conditions that thereby the said parties of the first

part personally assume no liability or responsibility to the said part —

of the second part, or heirs or assigns, but in this instrument

are acting solely as trustees for the said corporation, said

Com.pany and its stockholders, under the provisions of said act herein- before particularly m.entioned.

k

k.

722 Appendix — Forms And Precedents

In witness whereof, we have hereunto set our hands the day and year first above vritten.

As Trustees for

Company

and its Stockholders.

FORM No. 32 RATIFICATION OF DEED

Know all Men by These Presents: That we and

former stockholders of Mining Company, a corpora- tion heretofore duly organized and existing under and by virtue of the

laws of the State of , the charter of which corporation was

and it still is forfeited by reason of its failure to pay to the Secretary

of State of the State of , the license tax provided to be

paid by corporations and which said corporation had a capital stock

of dollars, divided into shares of the par value

of dollars each (of which shares were unissued),

and severally the owners and holders of record on the books of said former corporation of the number of shares of the said capital stock of said former corporation set opposite our respective signatures hereto,

and together owning and holding more than of the entire

issued and outstanding capital stock of said corporation at the time of said forfeiture, being fully advised in the premises, hereby agree, con- sent to, approve of, ratify and confirm the foregoing deed of conveyance.

In witness whereof, we have hereunto set our hands this the

day of , 19

Name of Stockholder. No. of Shares.

Certificate Of Former Secretary

I, , do hereby certify that T was the duly appointed

and acting secretary of the Mining Company, the corporation

in the foregoing deed of conveyance named, prior to and at the time of the forfeiture of its charter as aforesaid, under the laws of the State

of That the capital stock of said corporation was

dollars, divided into shares, of the par value

of dollars each. That no more than shares of

said capital stock of said corporation had been issued at the time of the forfeiture of the charter of said corporation as in the deed of convey- ance hereto attached, specifically mentioned, and said

shares were the entire capital stock of said corporation then outstanding.

And I do further hereby certify that at the time of said forfeiture of said charter the said parties of the first part in said deed of convey- ance named, viz: and , were the only directors of said

corporation in office and since said time have been and now are the sole and only directors of said corporation and by reason of said forfeiture of said charter of said corporation have become and now are the trustees

for the said Mining Company and its stockholders. And

I do further hereby certify that the persons signing the above and fore- going ratification were, at the time of said forfeiture and also at the

62 Cal. A. 688, 217 Pac. 668.

Publication Of Forfeiture Notice 723

time their respective signatures were affixed to such ratification, stock- holders in said corporation holding of record at least of

the said entire issued and outstanding capital stock of said corporation, and severally were, at such times, the owners and holders of record of the number of shares set opposite their respective names.

Witness my hand and the corporate seal of the said former corpora- tion, by me hereto affixed, this, the day of , 19

FORM No. 33 NOTICE OF FORFEITURE— PUBLICATION

(See Elder v. Horseshoe Co., 194 U. S. 249, 9 S. Dak. 636, 70

Nw. 1060.)

To and and to his heirs,

administrators, and to all whom it may concern :

You, and each of you, are hereby notified that during the years

as co-locator (or as the grantee by mesne conveyances from

one of the locators) and as a co-owner in

the Claim, I did, as such co-owner expend

hundred dollars in labor and improvements upon the said

Claim, described as follows, viz: in the

Mining District, County of

State of

Said Claim was located on ,

b}' , and

The notice of location of said Claim was

recorded on in the Office of the County Recorder

of said County of , in Book of ,

page of the records of said County, which said record is hereby

referred to and by reference is made a part hereof. Said amount, to

wit: hundred dollars, being one hundred

dollars a year, which is the amount of annual expenditure required to

hold the said Claim for the year ending at

twelve o'clock noon on July 1st, and also for the year ending

at twelve o'clock noon on July 1st,

And you, and each of you, are hereby further notified that if within ninety (90) days after this notice by publication, you, or any one of you, fail or refuse to contribute your proportion of such expenditure,

viz: dollars, being dollars for each

of said years, your interests, and each of your interests, in said

Claim shall be forfeited to and become the property of the sub- scriber under the provisions of §2324 of the Revised Statutes of the United States.

Co-owner.

(State address)

Dated 19

When, in California, notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice, an affidavit of the printer, or his fore- man, or principal clerk of such paper, stating the first, last and each insertion of such notice therein, and where the newspaper was published during that time, and the name of such newspaper. Such affidavit and notice shall be recorded in the office of the proper county recorder within one hundred and eighty days after the first publication thereof. Civil Code, §1426o. (Re-codifled in Public Resources Code, S 2317).

724 Appendix — Forms And Precedents

FORM No. 34 NOTICE OF FORFEITURE — PERSONAL SERVICE

In the matter of the annual expenditure upon the

group of mines situate in Mining District, County of

, State of

To and to all others whom it may or does concern:

You, and each of you, will please take notice and you, and each of

you, are hereby notified that during the year , to wit: During

the months of and of that year, as a

co-owner in and of the Group of Mines, I, the under- signed, as such co-owner, did expend the aggregate sum of

Hundred Dollars ($ ) in labor and improvements upon the said

Group of Mines. That said Group

of Mines embraces and includes the following mining locations or claims, viz. :

(Description)

That all and singular the said mining claims or locations are situ- ate within the Mining District, County of ,

State of

That the notice of location of said Lode Mining

Claim was recorded on the day of , in the office of the

County Recorder of said County of , in

of Records, page , of the Records of said county.

That the notice of location of said Lode Mining

Claim was recorded on the day of , in the office of the

County Recorder of said County of , in Book

of Records, page , of the Records of said county.

That the notice of location of said Lode Mining

Claim was recorded on the day of , in the office of the

County Recorder of said County of , in Book

of Records, page of the Records of said county.

That said record of each of said mining claims or locations is hereby referred to and by reference is made a part hereof.

Said amount, to wit: Hundred Dollars ($ ) was

expended as aforesaid, in the manner following, that is to say, One Hundred Dollars ($100.00) of said amount was expended upon each of said raining claims or locations in labor and improvements thereon and said labor done and improvements so made upon each of said mining claims or locations was and is worth and of the value of said sum of One Hundred Dollars ($100.00).

That said sum of One Hundred Dollars ($100.00) so expended upon each of said mining claims or locations as hereinbefore aforesaid, being One Hundred Dollars ($100.00) a year; which is the amount of annual expenditure required to hold each of the said several mining claims or locations for the year 19 , as extended by Act of Con- gress to end on July 1, 19

And you, and each of you, will please take notice, and you, and each of you, are hereby notified, that within ninety (90) days after this

In California the notice and affidavits must be recorded In the office of the county recorder In the county within which the claim is situate within ninety days after the

of such notice. Public Resources Code, I 2317. See Robinson v. Driest. 178 Cal. 37, 173 Pac 89. but aee Pomeroy v. Sam Thorpe Co., 37 Arts. 641, 296 Pac. 266.

Affidavit Of Service 725

notice is personally served upon you, you or either, or any one of you, fail or refuse to contribute your proportion or share of said expendi- ture, to wit: By you said the sum or amount of One

Hundred Dollars ($100.00) for said year upon each of the said several

mining claims or locations constituting said Group

of Mines, your interests, and each of your interests, in said mining claims or locations and each and all of them, together with all costs of service of this notice, whether incurred by publication charges or other- wise, shall be and become forfeited to and be and become the property of the undersigned under the provisions of Section 2324 of the Revised Statutes of the United States.

Dated 19

Co-owner, residing at

Affidavit Of Service

State of )

County of )" '

, being first duly sworn, deposes and sajs : That

he is, and was at the time of the service of the hereto attached Notice of Forfeiture, a citizen of the United States over the age of eighteen (18) years, and not in any way interested in the mines, mining claims or locations therein particularly mentioned; that he personally served

the within and hereto attached Notice of Forfeiture on

by delivering to and leaving with him personally in the County of

, State of , on the day of

, — , 19 , a true copy of the hereto attached Notice

vf Forfeiture.

Subscribed and sworn to before me this day of , 19

Notary Public. In and for the County of , State of

My commission expires

Corroborating Affidavit

State of )gg

County of j

, being first duly sworn, deposes and says : That

he is the person and co-ovnier giving the notice, a true copy whereof is hereto attached, marked Exhibit "A," and made a pa"rt hereof.

That on the day of 19 ,

personally served a true copy of the said notice upon ,

the person and deliquent co-owner therein named, by delivering to

k

726 Appendix Forms And Precedents

and leaving said notice with said personally, at the

County of , State of

Subscribed and sworn to before me this day of ,

Notary Public. In and for the County of , State of

My commission expires

FORM No. 3 5 ANSWER— ADVERSE SUIT

(Title of court and cause.)

Comes now the defendant in the above entitled action, and answer- ing the complaint of the plaintiff herein, says :

1. Defendant avers that he declared his intention to become a citi- zen of the United States of America on the day of ,

19—, in the Court of the State of , in and for

the County of

2. (Deny the allegations of the complaint as the facts may war- rant.)

n

For a further and separate answer and defense herein defendant says :

1. (Repeat paragraph 1, ante.)

2. Defendant avers that he and his predecessors in interest and

grantors under and by virtue of a location made by and

of the premises hereinafter and in the next succeeding

paragraph hereof fully described, have claimed, and defendant does still clain adversely to plaintiff an estate and interest in said portion

of said pretended mining claim, said portion being the

alleged overlap of the said mining claim upon the said

alleged mining claim.

3. Defendant denies that his said title, right and estate were acquired by him subsequent to said alleged acquisition of the plaintiff and avers that his right, title and estate and right of possession of, in and to all of the premises hereinafter in this paragraph described and set forth and every part thereof, is of right and that he has the exclusive right, title and interest and right of possession of the same, and every part thereof, as against the plaintiff and all others ; and that such right and estate were acquired by the predecessoi-s in interest and grantors of this defendant prior to the alleged acquisition of the said plaintiff right or estate in said alleged mining claim. And defend- ant avers that plaintiff has no right, title, interest in or right of pos- session therein or thereto, or any part thereof. That by virtue of a

location made by and , each and both of them

citizens of the United States on, to wit: the day of ,

19—, as appears by reference to the notice of location thereof, which is in the words and figures following :

(Location Notice)

and by reason of mesne conveyances in writing from said

and , and their successors in interest and grantees, and by

Known Lode Within Placer 727

a compliance, by defendant, and his predecessors in interest and grant- ors with the mining acts of Congress, the laws of the State of

and the rules, regulations and customs of the miners of the said

Mining District, wherein the said premises are situated, defendant is

the owner of and entitled to the possession of said mining

claim, and of the whole thereof.

in

For a further and separate answer and defense herein defendant says:

1. (Repeat paragraph 1, ante.)

2. (Allege as in complaint. Form No. 39, paragraphs 2 to 4, inclu- sive.)

Wherefore, defendant demands judgment that he is entitled to the possession of the said mining ground in dispute and for his costs herein expended.

Attorney for Defendant.

FORM No. 36 ANSWER — KNOWN LODE WITHIN PLACER CLAIM

(Title of court and cause.)

Come now the defendants and answering the complaint herein say :

I. Defendants deny that plaintiff now is or at any time was the owner (in fee simple, or otherwise,) of all the certain real property described in the complaint herein.

Defendants deny that the plaintiff now is, or ever was at any time, the absolute owner of, or entitled to the possession of, those certain

premises particularly mentioned and described in paragraph

of said complaint; and deny that at any time whatsoever defendants wrongfully or unlawfully entered into and upon said premises, or upon any part or portion of the same, or that they ousted and ejected the plaintiff therefrom, or from any part or portion thereof; or that

these defendants have for more than last prior to the

commencement of this action, or at any time since, wrongfully with- held, or that they do now wrongfully withhold from the plaintiff the possession of said land and premises, or any part or portion thereof, or wrongfully withhold from plaintiff the possession of other property

of any kind or character to damage plaintiff in the sum of

dollars, or to the damage of plaintiff in any sum whatsoever.

II. Defendants admit that they claim an interest in the said prop- erty adverse to and against the alleged right and/or title and/or interest of the plaintiff, but they deny that their said claim is without right and/or unfounded. On the contrary, defendants allege that

long prior to the day of , 19 , which is the

date of the application for a placer patent made by the plaintiff herein for the said land and premises certain lodes, veins or deposits of ore or rock in place carrying minerals, were known to exist within the boundaries thereof, or by reasonable diligence should have been known to the applicant for the said patent, the plaintiff herein; that the said application did not include any application for such veins or

728 Appendix — Forms And Precedents

lodes, or any one thereof, and for that reason the same were excluded

and excepted out of the patent issued on the day of ,

by the government of the United States to the plaintiff herein. That subsequent to said application for patent certain lode claims

were located by the defendant, , on such known veins or

lodes, to wit:

(Description)

III. Defendants allege that on and before the day of the location of each of the above mentioned lode mining claims, hereinafter men- tioned, the premises above described were mineral lands of the public domain and entirely vacant and unoccupied, and were not owned, held or claimed, by any person or party as mining ground, or otherwise, and that while the same were so vacant and unoccupied and unclaimed,

to wit, on the day of , said , one

of the defendants herein, entered upon and located each and every of said veins and lodes and occupied each of the said locations as a lode mining claim.

IV. Defendants further allege that the said locator, said ,

upon the maldug of each of said locations entered into and took pos- session of each of said locations, mining ground and premises, erected thereon such stakes and monuments as were necessary to point out and designate the boundaries and extent of each of said lode mining claims, posted a notice of location thereon, did such work thereon and performed all such acts as were required by the mining laws of Congress, of the State of California, and by the laws, customs, rules and regulations of the miners of the district in which each of said lode mining claims are situate and filed his notice of location of each of said claims in the office of the County Recorder of the said County

of , by whom the same was recorded on the day

of , 19 — , in of the records of said

County. That each of said notices of location are hereby referred to and by reference made a part hereof, for ail purposes.

V. Defendants allege that said defendant, , remained in

the sole possession, occupation and enjoyment of each of said lode mining claims, ground and premises and continued, from the date of each of said lode locations, to work upon, prospect and develop the

same until the day of , 19 , on which date

said in and by his deed in writing conveyed to these

defendants, to wit; and undivided interest

in each and all of said lode mining claims, and the defendants herein ever since have possessed and controlled, enjoyed and occupied and now are in the actual and peaceable possession of said lode mining claims, and each of them, and every part thereof.

Wherefore, defendants pray judgment that plaintiff take nothing by its said action, and that defendants be adjudged to be the owners

and entitled to the possession of the said lode mining

claims, and of all veins, dips, spurs and orebodies contained therein and the ground and premises within the boundaries thereof; and that the said plaintiff, and all persons claiming or to claim by, through or under plaintiff, be forever enjoined and restrained from asserting any claim or title whatsoever to the above mentioned premises, or any part thereof, and from in any wise hindering or interfering with these

UNDEFwGROUND TRESPASS 729

defendants, or their successors in interest, in the full and peaceable use and enjoyment of the same; and that defendants' title be estab- lished and quieted agrainst plaintiff; and for their costs, and for such other relief as these defendants may be entitled to.

Attorney for defendant.

FORM No. 37 ANSWER— UNDERGROUND TRESPASS

(Title of court and cause.)

Comes now , the defendant in the above entitled action

and answerino the complaint of the plaintiff herein, saj's :

1. That as to -whether or not the plaintiff is now, or ever was at any time, the owner of, or entitled to the possession of that certain lode

mining claim known as or called the lode, situated in the

Mining District, County of , State of ,

described as in the paragraph in the plaintiff's complaint set

forth, this defendant has not sufficient information upon which to base a belief and placing his denial upon that ground, defendant denies the same.

2. Defendant denies that any vein, lode or ledge of quartz rock in

place, bearing or other precious metal, is found in the said

lode mininc: claim that in its longitudinal course or strike

passes into the said pretended lode mining claim, through

the end line thereof and extends through the said mining

claim in a direction and lengthwise of said m.ining claim

and passes out of said mining claim through the end line

thereof, or that the top or apex of said vein, or any vein, lode or ledge lies throughout the entire length of the said mining claim inside the surface thereof extended downward vertically; that said vein, lode or ledge in its downward course departs from the perpendicular at an

angle of about degrees from the horizontal, or at an angle

from the horizontal in a direction, or any direction, or that

the general course or strike of said vein, lode or ledge, or any vein,

lode or ledge lying within tlie said pretended lode mining

claim is nearly or quite coincident with the surface side lines of the said pretended lode mining claim, or that by reason thereof, or for any reason, the plaintiff is now, or at any time mentioned in the complaint, the owner of, or entitled to the exclusive possession of any vein, lode or ledge, or so much thereof as the top or apex thereof lies inside of

the said surface boundaries of the said pretended lode

mining claim throughout its entire depth, or that the plaintiff has at

all times, or at any time, been in possession of said pretended

lode mining claim, or said vein, lode oi4edge, as in the

paragraph of said complaint mentioned, or at all.

3. Denies that the plaintiff has any lode or vein or ledge of min- eral-bearing rock in place extending throu2"hout the said pretended

lode mining claim, or that any vein or lode or ledge or

mineral-bearing rock having its apex Avithin the said lode

mining claim has any dip in a direction outside the surface

lines of the said pretended lode mining claim.

730 Appendix — Forms And Precedents

4. Denies that any vein,, lode or ledge or mineral-bearing rock in place having its top or apex within the surface lines of the plaintiff's

pretended lode mining claim in its course downward

between vertical planes drawn downward through the end lines of

said pretended lode mining claim continued in their own

direction in its departure from its perpendicular extends to a great

depth, to wit: to a point far outside of or or at

all, or below, or beyond the workings of the defendant, or any workings of the defendant continued in its downward course between said planes to an unknown distance, or to any distance.

5. Defendant denies that on or about the day of ,

19 — , or at any other time he wrongfully or unlawfully entered into or upon that part or portion of any vein, lode or ledge having its top or

apex within the lines of the said pretended lode mining claim

which in its course downward extends outside of and to the

of the vertical side lines of said pretended lode

mining claim so continued in their own direction that the same will intersect such exterior portions of said vein, lode, or ledge having its

top or apex within such surface lines of said pretended lode

mining claim, or that he ousted or ejected the plaintiff therefrom or from any vein, lode or ledge, or that he wrongfully took, or carried away therefrom, or converted to his own use large or valuable quantities or any quantity of ore in said vein, lode or ledge constituting the prop- erty of the plaintiff of the value of dollars, or of any value,

or that he has, at all times since, or at any time or since, wrongfully withheld or that he does not wrongfully withhold from the plaintiff the

possession of the said vein, lode or ledge so lying to the of the

side line of the said pretended lode mining claim between

the planes drawn down through the end lines of said claim as aforesaid, or that he wrongfully withholds from the plaintiff the possession of any vein, lode or ledge, or bodies of ore, or anj property of any kind or

character to damage plaintiff in the sum of dollars, or to the

damage of plaintiff in any sum whatever.

6. Defendant alleges the truth to be that all the ores, mineral and rock that have been extracted and carried away from the point in con- Iroversy by him are and were a part of a vein, lode or ledge having its

top or apex within the surface lines of the lode mining claim,

the property of this defendant, which said vein, lode or ledge and ores belonged to and were and are the property of this defendant by virtue

of the same being a part of the lode mining claim, located on

the day of , 19 , by the grantors and predecessors

in interest of this defendant, which said lode mining claim is

now the property of this defendant, together with all ores, ledges, lodes and veins having their apex or top within the surface lines of the said lode mining claim.

7. Defendant denies that any of the ores, metals, minerals, rock, or earth which he has mined or removed from within the surface side lines

of the said lode mining claim extended downward vertically

were a part of or belonged to any vein, lode or ledge having its top or

apex within the .surface side lines of the said pretended lode

mining claim, the property of the plaintiff.

Negligence 731

8. Defendant denies that he has ever removed, extracted, mined or carried away any ores, metals, mineral rock, or earth from any vein, lode, or ledge other than a vein, lode or ledge having its top or apex within the surface of the said lode mining claim, the prop- erty of this defendant.

Wherefore, defendant prays that this action may be dismissed and that defendant may go hence without day and that he have and recover his costs and disbursements herein.

Attorney for defendant.

FORM No. 3 8 ANSWER — NEGLIGENCE

(Title of court and cause.)

(After making proper denials and admissions proceed as follows:) And for affirmative answer defendant herein alleges :

1. The defendant herein repeats and alleges all the matters and things set forth in the subdivisions of its answer and numbered

, and expressly makes said subdivisions, and each of them,

a part of this its further and separate answer and affirmative defense the same as if incorporated herein, and prays that the said subdivisions, and each of them, be taken and deemed a part of this separate answer and defense the same as though herein set out at length.

2. That on the day of , and at all times

mentioned in the said complaint, the said mine and the

were in as safe and proper conditions as it is possible under the most skillful supervision of the most skillful miners to keep them and each

of them. That the most approved method and manner of

has been adopted and was in use in said mine on said day of

, That the defendant has exercised and did exercise

great care in supplying and did supply, its employees at said mine with

suitable appliances and safe materials to in a safe and

proper condition so as to avoid all possible danger to its employees, and all persons working in or about said

3. That the plaintiff was accustomed to working in mines of a similar character to that of defendant and was perfectly competent to

judge of the safety of the said mine, and the safety of

wherein he was working, and the manner and method of

That the risk of working therein was assumed by the plaintiff as a part of his employment in said mine with a full knowledge of the con- ditions and safety thereof and of the manner and method of

at and before the said day of ,

4. That the persons whase immediate duty it was and upon whom

the responsibility rested to in a safe and proper condition

at the time of the plaintiff's alleged injuries, were all fellow servants of the plaintiff at the time of the said alleged accident and injury to plaintiff, and at all times prior thereto, during which the plaintiff was employed in working in the said

5. That said alleged hurt or injuries were and are the result of the

negligence of fellow servants of the plaintiff in and not the

result of any fault, negligence, neglect, intent or act on the part of defendant.

732 Appendix — Forms And Precedents

FORM No. 39 COMPLAINT— ADVERSE SUIT

(Title of court and cause.)

Comes now the plaintiff in the above entitled action and complains of the defendant, and for cause of action, alleces:

1. That the plaintiff is a citizen of the United States of America.

2. That on or about the day of , 19 , being citi- zens of the United States, entered upon and discovered that certain mining: irround, and mininjr claim since then known and designated as

the mining claim, situated in the Mining District,

County of State of , and then and there took pos- session of and located the same, after discovering therein a vein, lod

or led<re of mineral bearing ore in place bearing by building

lai'ge stone monuments at each of the corners of said mining claim and similar monuments at or near the center of each end line thereof and

by placing in one of said monuments, to wit : The monument,

a notice of location of said mining claim and designating the same as the location monument; all of said monuments being built in conspicu- ous places, and so placed upon the ground that the boundaries of said claim were distinctly marked on the ground and that the boundaries thereof could be readily traced. That at the time of making the said location said ground was a part of the public domain, unoccupied, vacant, and unclaimed. That the said claim so located by the above named persons was described in said notice of location as follows :

(Description)

That said notice contained the names of the locators, to wit

and the date of location, the name of the claim, and such

a description of the claim located with reference to a natural object and permanent monument as to identify the said claim. That thereafter, on

the day of , 19 , the said locators caused a record

of said location notice to be made in the office of the County Recorder

of said County of and that thereafter, the said locators

caused a record of said location notice to be made in the office of the mining recorder of said Mining District.

3. That after the said location of said mining claim all of

the said locators of said mining claim did, by divers convey- ances grant, bargain and sell, convey and confirm all right, title and interest they had in and to said claim to divers other person or persons who, thereafter, conveyed the said mining claim to the plaintiff, who,

ever since has been and now is the owner of the said mining

claim.

4. That the plaintiff and his said grantors have performed more than one hundred dollars ($100) worth of work on said claim each year

since and performed work thereon of the value of

dollars.

5. That subsequent to the said location of the said mining claim and l)rior to the bringing of this suit, the defendant entered upon and took

possession of a portion of said mining claim, calling the

portion so taken possession of, with other ground, the

mining claim, a!id ousted and ejected the plaintiff from said portion,

Adverse Suit 733

and ever since then defendant has claimed, and does still claim adversely to this plaintiff an estate and interest in said portion of said mining

claim, the said portion being the overlap of the said mining

claim consisting? of about acres, and particularly described

as follows:

(Description)

as appears by reference to a diagram of said claims hereto annexed, marked Exhibit A and hereby made a part of this complaint.

6. That on or about the day of , 19 , the

defendant made an application to the Government of the United States

for a patent for the said : mining claim, including the said

portion of the said mining claim overlapped. That there- after, and on or about the day of , 19 , and

within sixty days period of newspaper publication of the notice of such application the plaintiff herein filed his adverse claim against the issuance of the patent to the said defendant with the Register of

the United States Land Office at , that being the Land Office

District in which said mining claim is situated said adverse

claim showing the nature, boundaries and extent of such adverse claim ; and the plaintiff brings this action for the purpose of determining such adverse claim and the right of possession to the said overlap herein- before and in paragraph 5 hereof particularly described.

Wherefore, plaintiff demands judgment that he is entitled to the possession of the said mining ground in dispute and for his costs herein expended.

Attornev for Plaintiff.

For another form of complaint see Jackson v. McFall, 36 Colo. 119, 85 Pac. 638.

FORM No. 40 COMPLAINT— ADVERSE SUIT

(Federal Court) (Title of court and cause.)

Comes now the plaintiff in the above entitled action and complains of the defendant, and for cause of action alleges :

I. That he is a citizen of the United States of America, and was at all the times herein mentioned, continuously, and now is a citizen, resi- dent and inhabitant of the County of in the State of

II. That said defendant is a corporation organized and existing

under and by virtue of the laws of the State of having its

principal place of business at County of , State

of and engaged in the business of mining in the

Mining District, County of , State of , and that

said defendant is, and at all the times herein mentioned, and prior thereto, was a citizen of said State of

III. That the amount in controversy herein exceeds the sum or value of three thousand dollars ($3,000), exclusive of interest and costs.

IV. That on and prior to the day of , the

property hereinafter described and known as Section in Town- ship , Range , M., in the Mining District, County

734 Appendix — Forms And Precedents

of , State of , was a part of the vacant and unap- propriated public land of the United States, free and open to explora- tion and purchase by the citizens thereof, for the valuable mineral deposits therein contained.

V. That on said date, to wit: the day of , 19 ,

plaintiff and , beinj; citizens of the United States,

.entered upon said ground, herinafter particularly described, and

known as the Placer Mining Claim, and segregated the

same from the public domain, by posting a notice of location thereon and by distinctly marking the boundaries thereof upon the ground, so that the same could be readily traced ; and did immediately thereafter,

to wit: on or about the day of , 19 , make a discovery

of and and other valuable minerals and valuble

mineral deposits within the exterior boundaries of said

Placer Mining Claim, and did, thereafter, to wit: on the day of

, 19 , cause to be recorded in the office of the County

Recorder of said County of , which was and is the County

within which said placer mining claim was and is situate, a true copy of said notice of location of said placer mining claim, giving the names of said locators, said plaintiff and his said associates as the locators thereof, the date of said location, the name of the claim, and such a description of such placer mining claim hereinbefore referred to, and hereinafter particularly described, with reference to natural objects and permanent monuments so that the same could be readily identi- fied. Said property so located as aforesaid, being described as follows,

to wit: the quarter of Section in Township of

Range , M., containing one hundred and sixty acres of land.

VI. Plaintiff further alleges that said plaintiff and his said associ- ates ever since the said date of the location of said placer mining claim, and now are, the owners of said placer mining claim and location, premises and property, and the whole thereof, as to all persons, save and except the United States of America ; in the possession and entitled to the possession of every part of the same. That said plaintiff and his said associates have complied with every rule, regulation and custom,

in force in said Mining District, and with the provisions of

the mining laws of the State of and the Acts of Congress in

that behalf enacted; and the defendant herein has no right, title or estate whatsoever in or to said placer mining claim or location, or in or to any part, portion or parcel thereof.

VII. Plaintiff further alleges that defendant herein asserts that it is and pretends to be the owner of all of said Section in Town- ship of Range , M. hereinbefore described, under

and by virtue of placer mining locations pretendedly made by it, or those under whom it claims, prior to the title of plaintiff, or his said associates, but which said pretended placer mining locations, and each thereof, so claimed by the defendant herein, or those under whom it claims, were pretendedly made by defendant at the time when the said Section and the whole thereof, had passed into private owner- ship, and the same, and no part thereof, was vacant or unappropriated public land, or free or open to exploration, or location, or purchase, as a part of the public domain, under the mining law of the United States, or otherwise.

Adverse Suit 735

VIII. That said assertion of title and pretension of ownership upon the part of the defendant herein, is wrongful and without right, and the alleged title of said defendant is fraudulent and void, the said defendant or those under whom it claims, never, at any time, having made or adopted a discovery of any valuable mineral within the bound- aries of said section hereinbefore described, and known as and called

by it, the Consolidated Placer Mining Claim, or within the

boundaries of any part or portion, or parcel of ground claimed by it, within said Section, by whatsoever name by it called.

IX. That the defendant herein, or those under whom it claims, did not, prior to the said location of said plaintiff and his said associ- ates, as hereinbefore aforesaid, or at any other time, mark the bound- aries of said or any placer location, therein alleged to be embraced and included in and constituting a part of its said alleged, and pre- tended Consolidated Placer Mining Claim, upon the ground,

so that the same could be readily traced, nor traced at all.

X. Plaintiff further alleges that the defendant herein, and those under whom it claims, in fraud of the rights of the citizens of the United States, and particularly in fraud of the rights of plaintiff and his said associates, have caused to be recorded in the office of the said County Recorder, pretended notices of location, describing said

Section in Township of Range , M., therein and thereby

covering, including and overlapping the said placer mining claim and

location of the plaintiff and his said associates in said quarter

section ; calling the alleged placer mining locations therein

the placer mining claim, pretendedly located upon and pre

tendedly including all of the northeast quarter of, said Section

the placer mining claim pretendedly located upon and pre

tendedly including all of the southeast quarter of said Section

the placer mining claim pretendedly located upon and pre

tendedly including all of the northwest quarter of said Section

the placer mining claim pretendedly located upon and pre- tendedly including all of the southwest quarter of said section ; each of said pretended locations pretendedly containing one hundred and sixty acres of land, and said four alleged locations of land pretendedly

constituting the said alleged Consolidated Placer Mining

Claim.

XI. That said notices of location, and each of them, is an assertion of rights claimed under and by virtue of fraudulent, void and fictitious mining locations falsely and fraudulently claimed to have been made by the defendant herein, or those under whom it claims.

XII. That the claims of the defendant herein are all, and each of them is, inferior and subordinate to the title of plaintiff and his said associates, which title, last aforesaid, arises by virtue of the valid location so made by said plaintiff and his said associates, as hereinbefore set forth, and defendant's claims and titles cast a cloud upon the pos- session and title of plaintiff, and his said associates, and prevent them from enjoying fully and peaceably the fruits of their said ownership.

XIII. Plaintiff further alleges that the said alleired several placer mining claims, and locations, particularly mentioned in paragraph X

In an action wherein the United States is not actually nor constructively a party it can not be shown that the claim is based upon a "dummy" location. Riverside Co. v. Hardwick, 16 N. M. 479, 120 Pac. 325. See, also. Hall v. McKinnon, 193 Fed. 572.

736 Appendix Forms And Precedents

hereof, and each of them, is and at all times has been, a fraudulent and void location against the Government of the United States, plain- tiffs, said associates and all other persons iiiterested in the ground sought to be embraced therein or covered thereby. That at tiie time of the alleged location of eacli thereof, and at all times subsequently, there were not eight, nor any bona fide individual claimants as locators .thereof, among the eight alleged locators of each of said alleged placer locations, and that one hundred and sixty acres of mineral land were so illegally and fraudulently included within each of said alleged placer mining claims or locations, to wit: said Placer Mining claim, said

placer mining claim, said placer mining claim and said

placer mining claim, by tlie defendant herein, or tiiose

under whom it claims, for the purpose of thereby surnjptitiously acquiring and appropriating to their own use more mineral land in one location than they were entitled to under the mining law of the United

States. That the names of and named and used

as locators of said alleged placer mining claims and locations men- tioned in paragraph X hereof, by said and

were each and all dummies and sham locators and none of said six persons whose names were so used ever had or was intended by said

and to have any estate, right, title, or interest

whatsoever in said alleged placer mining claims or locations, or of, in, or to any one of them, nor were they, nor any of them, ever informed, or had any knowledge of the existence of said, or of any one of said pretended placer locations at the time of the said pretended location

thereof, and said and did wrongfully and unlawfully

conspire with each other at and prior to the date of the alleged location of each of said alleged and pretended placer claims and locations to wrongfully and fraudulently make and claim the said several alleged and pretended placer mining claims or locations and each of them, in

the manner and way aforesaid, and said and

by the use of said six sham and dummy locators and did attempt to make said pretended locations, and each of them, in pursuance of such conspiracy, and said defendant has, and now claims, the said 160 acres of mineral land in each of said several placer mining claims and loca- tions in controversy herein and called by defendant herein the

Consolidated Placer Mining Claim, under and by

virtue of the said false, fraudulent and illegal pretended several loca- tions mentioned and described in paragraph X hereof.

XIV. Plaintiff further alleges that the defendant herein in pursu- ance of such conspiracy and to fully consummate the same, and wrong- fully claiming to be the owner of said alleged and pretended placer

mining claims, did heretofore, to wit: on or about the day of

, 19 , file or cause to be filed in the United States

land oflRce at in the State of

its application for a patent from the Government of the United States of America, for said alleged and pretended Con- solidated Placer Mining Claim, and for the whole thereof, and therein described as embracing all of said Section in Town- ship of Range , M., containing about 640

acres of land.

Adverse Suit 737

XV. That in and by said application for patent, defendant herein wrongfully, falsely and fraudulently set up, alleged and claimed that it, said defendant, was and is the owner and in possession and entitled to the possession of the whole of the said alleged Con- solidated Placer Mining Claim, embracing all of said Section

and the said placer mining claim and location of plaintiff and his said associates.

XVI. That the said defendant has at all times since maintained and prosecuted and now does maintain and prosecute its said false, fraudulent and wrongful application for said patent, and thereby the title of the plaintiff and his said associates in and to said placer mining claim and location hereinbefore mentioned, as duly located by plaintiff and his said associates, is impeached, clouded and encumbered and the value of the estate and property of the plaintiff and his co-tenants therein are grealb/ depreciated to the great and irreparable damage of the plaintiff and his said associates.

XVII. Plaintiff further alleges that heretofore, to-wit : on the day of , 19 , and within the 60 days' period of news- paper publication of the said defendant's notice of application for patent, plaintitt" filed his adverse claim against the issuance of such

patent to the said defendant for its said alleged and pretended

Consolidated Placer Mining Claim, as so applied for, with the liegister of the United States Land Office aforesaid, that being the Land Office District in which the said alleged and pretended Con- solidated Placer Mining Claim is situate, said adverse claim showing the nature, boundaries and extent of said adverse claim; and plaintiff brings this suit wdthin 30 days after the filing thereof, for the purpose of determining said adverse claim and the right of possession to the said placer mining claim so located as aforesaid by said plaintiff and his said associates.

Wherefore, the plaintiff prays the judgment of this court that said

defendant has no estate, interest, possession or right of

possession in or to said alleged Consolidated Placer Mining

Claim in said quarter of said Section in Town- ship Range M. and the said placer mining claim

and location hereinbefore and in paragraph V hereof, particularly described, as the property and estate of the plaintiff and his said

associates and the said mineral substances in said quarter

of said section contained, or either, or any of them; and

that the plaintiff be deemed to be the owner, subordinate to the rights of his said associates, and subject to the paramount title of the United States of America and lawfully in and entitled to the possession of the placer mining claim and location in said paragraph V particularly mentioned and described and of each and every the mineral deposits and mineral substances therein contained, and that the plaintiff's title thereto and to each and all thereof and to the possession thereof be quieted and confirmed as against said defendant and all persons claim- ing by, through or under it; and that said defendant has not, and never has had, any estate, possession, right of possession, title or inter- est whatsoever of, in or to said quarter of said Section

in Township of Range M., or any part

or portion thereof, and that said defendant be forever barred from

738 Appendix — Forms And Precedents

asserting or claiming any estate, right, interest or right of possession therein, or to any part or parcel thereof, or to any mining claim or location therein; and that plaintiff may have such other and further relief as the nature of his case may require and as shall seem meet.

Attorney for plaintiff.

FORM No. 41 COMPLAINT IN EJECTMENT

(Precedent in Glacier Co. v. Willis, 130 U. S. 471) (Title of court and cause.)

The plaintiff complains and alleges that it is a corporation organ- ized and existing under the laws of the State of , and is a

citizen of the State of , that the defendants are, and each

of them is a citizen of the State of , and a resident of

in the County of and State last aforesaid and

that the property in controversy exceeds the value of three thousand dollars.

The plaintiff further alleges that on the day of ,

19 , one and one , each being a citizen of the

United States, went upon the public domain of the United States, theretofore wholly unoccupied and unclaimed, and located on said day

a tunnel and tunnel site at the base of Mountain, in

Mining District, County of , State of

That afterwards, and on the same day, they marked the boundaries

of their said location and commenced to run a tunnel into said

Mountain, and, after complying with the laws of the United States and the laws of the State of , and the local rules and regula- tions of said Mining District, they caused to be made out

and recorded in the Recorder's office of the County of

aforesaid, a location certificate of said tunnel claim, which said certifi- cate described the location and boundaries of said tunnel claim.

That from the day of said location until the ouster hereinafter set forth the said locators of said tunnel claim, and their grantees remained continuously in possession of the said tunnel claim, and have expended thereon more than the sum of dollars.

That plaintiff is the owner of said tunnel claim above described by location and purchase, and is now entitled to the quiet and peaceful and exclusive possession thereof by virtue of a full compliance on its part, and on the part of its grantors, with the laws, rules and customs above set forth.

That the plaintiff, and its grantors have been in the peaceful and undisputed possession of said tunnel claim by virtue of said location,

occupation, preemption and record for more than years prior

to the ouster hereinafter complained of.

That plaintiff and its grantors, for more than consecu- tive years prior to the acts of the defendants, hereinafter mentioned, paid all the taxes, legally or otherwise assessed upon said tunnel claim,

and have worked and mined the same from said day of

, 19 , up to the time of the acts of the said defendants

hereinafter set forth.

Underground Trespass 739

That said tunnel claim, so located, embraces valuable

lodes or veins which have been discovered, worked and mined by the plaintiff and its grantors.

That said tunnel claim was, by its locators, named the

tunnel claim, and is described more fully as follows :

(Description)

Plaintiff further alleges that while it was in the quiet and peace- able possession of said tunnel claim, and every part thereof, the defend- ants wrongfully, and without right, and against the will and without

the consent of the plaintiff, to wit: on or about the day of

, 19 , entered upon the premises, and into said tunnel, so

run by plaintiff and its grantors on said claim, and wrongfully and unlawfully ousted the plaintiff therefrom; claiming said tunnel as the (claim).

That on or about said last mentioned date the defendants, without right, made a pretended location of a lode claim across said tunnel and within said tunnel claim, and therein wrongfully ousted the plaintiff therefrom, claiming that they had discovered a lode, which they called the lode.

That the defendants ever since hitherto unlawfully and wrongfully withheld the possession of the said premises and tunnel claim from the plaintiff to its damage in the sum of dollars.

Wherefore, plaintiff demands judgment against the defendants.

1. For the recovery of the possession of said tunnel,

tunnel-site and claim.

2. For the sum of dollars, damages for the wrongful

withholding thereof.

3. For costs of suit.

Attorney for plaintiff.

FORM No. 42 COMPLAINT— UNDERGROUND TRESPASS

(Title of court and cause.)

Comes now the plaintiff in the above entitled action and complains of the defendant herein, and for cause of action alleges:

1. That the defendant, the said Mining Company is, and

was at all the times hereinafter mentioned, a corporation organized and existing under the laws of the State of , having its prin- cipal place of business at in said state and engaged in the

business of mining at Mining District, in the County of

and state aforesaid.

2. That on the day of , plaintiff

was and ever since has been, and now is, the owner and possessed and entitled to the possession of that certain parcel of mining ground situ- ate and being in the Mining District in the County of

, and State of , consisting of those two certain

contiguous and adjoining pieces of mining ground, the one known as

Mining Claim and also known as Lode Claim

and in the system of United States surveys for patents for mineral

7-1:0 Appendix Forms And Precedents

lands from the Government of the TInited States designated as Survey

No. , and also so desijrnated in a certificate of purchase

therefor from the United States of America, which was issued on the

day of , 10 , to the plaintiff by the Receiver

of the United States land office at , in the State of ,

and the other known as Mining Claim, and described as fol- lows, to-wit:

(Description)

together with all the veins, lodes, ledges, dips, deposits and bodies of

ore, rock and earth bearing and and other precious

metals.

3. That said mining claim and ground lastly hereinbefore men- tioned adjoins said Miuins" Claim or ground on the

and that said two lode claims have been worked by plaintiff since about

, and form and constitute but one parcel of mining ground

and one property.

4. That said mining ground contains valuable mineral deposits,

lodes, ledges, dijis, deposits and veins, rock and earth bearing and

and other precious metals; and the said mineral deposits,

lodes, ledges, dips, deposits and veins constitute the sole value of said mining ground.

5. That plaintiff was at all the times hereinafter mentioned, and now is engaged in mining and developing the said mining ground, lands and premises, and extracting therefrom the said ores and minerals; and constructed at great expense, and has and had thereon mines, drifts, cuts, excavations and other works necessary for and adapted to the work of mining and developing the said mining ground.

6. That heretofore, and on or about the day of

19 , the said defendant, said Mining Company, by

itself and its agents, servants and employees, forcibly and wilfully, against the will and without the consent of the plaintiff entered into and upon the said mining ground hereinbefore described, and com- mejiced to, and then and thereafter, for the purpose of mining the said ground and extracting the ores therefrom, cut, made and exca- vated certain drifts and openings into and under and upon the said mining ground, and invaded the drifts, excavations and mines made thereon by the plaintiff, and ever since last mentioned date has intruded and trespassed upon the said mining ground, drifts, excavations and mines of the plaintiff, and has dug up and extracted, taken out of and removed from said mining ground and converted to its OAvn use large

quantities of the mineral deposits, earth and ores bearing

and other precious metals and the mineral deposits therein

of the value of dollars, and upwards, and will thereby take

from the said mining ground the entire value thereof, to the great and irreparable injury of the plaintiff.

7. That unless the said defendant, its agents, servants and employees are restrained and enjoined from intruding and trespassing upon the said mining ground, and making cuts, openings and excava- tions therein and digging up, extracting, removing and carrying away from said mining ground said mineral deposits, rock, ores, and earth bearing and and other precious metals, in the value

Quieting Title 741

and siibsiaiice of said mining ground will be destroyed, and this plaintiff will suffer irreparable injury.

Wherefore, plaintiff prays that this honorable court grant to him a writ of injunction pendente life issuing out of and in accordance with the rules and practice of this honorable court to be directed to the

said defendant Mining Company, to restrain it, and its

agents, servants, employees and confederates, from entering into or upon the mine, or mines, mining ground, lode, dips, drifts, cuts, exca- vations or works, or upon any part of the land, property and premises hereinbefore particularly described, and from working or mining thereon, or making or continuing any cut, opening or excavation on or in said mining ground, or upon or in any part thereof, or digging up, extracting, or removing from said mining ground, or any part thereof, any mineral, mineral deposit, ore, rock or eartli, or any mineral sub- stance whatever, whether the same be in place, or heretofore severed from the freehold, and from in any manner hindering or obstructing plaintiff, or his agents, servants or employees, or any, or either of them, in working or mining upon said premises, and from in any manner interfering with the said premises, or with anything thereon; as, also, a restraining order to the same effect until an application for sfTch an injunction can be heard, and that at the final hearing such injunction may be made perpetual and that an account be taken of the waste com- mitted, and for such other and further relief as to this court may seem just and meet.

Attorney' for plaintiff.

FORM No. 43 COMPLAINT — QUIETING TITLE

(Precedent in Thompson v. Spray, 14 Pac. 182.) (Title of court and cause.)

Comes now the above named plaintiffs, and by their attorneys

, and for cause of action allege that on the day

of , by an order of court of said county

duly made on that day, and before the filing of this complaint, the

said was appointed guardian, ad litem for , a

minor. That the plaintiffs now are, and for a long time hitherto have been, the owners of, in the possession of, and entitled to the possession

of, that certain mining claim known as mining claim and

situate, lying and being in the County of , State of ,

and bounded and particularly described as follows, to wit:

(Description)

That said defendant claims an estate and interest in the above described premises adverse to said plaintiffs; that the said claim of defendant is without any right whatsoever, and that the said defendant lias not any estate, right, title or interest whatsoever in the said mining claim, land or premises, nor any part thereof.

"Wherefore, plaintiffs pray for judgment: (1) that defendant may be requii'cd to set forth the virtue of his claim, and that all adverse

For form of complai.nt in suit to quiet title and for an injunction and restrain ins frder, see Rose's Fed. Proc. Equity Form No. 465.

742 Appendix — Forms And Precedents

claims of the defendant may determined by a decree of this court; (2) that, by said decree, it be adjudged that the defendant has no estate or interest whatsoever in or to said land, mining claim and in this complaint described, and that the right, title and interest of plain- tiffs therein to said land and mining claim is good and valid; (3) that the defendant be forever enjoined and debarred from asserting any claim whatsoever in or to said premises and property, or any part thereof, adverse to the plaintiff, and for such other and further relief as to this court may seem meet and proper, and for costs of suit herein.

Attorney for plaintiff.

FORM No. 44 FINDINGS OF FACT AND CONCLUSIONS OF LAW

For precedents see

Iron Co. V. Campbell, 135 U. S. 286 (known lode within placer claim).

Haws V. Victoria Co., 160 U. S. 303 (discovery — boundaries — tres- pass).

Gutierres v. Albuquerque Co., 188 U. S. 547 (eminent domain — canals — reservoirs ) .

Williams v. U. S., 104 Fed. 50 (eminent domain).

Cascaden v. Dunbar, 191 Fed. 172 (tenancy in common).

Morenhaut v. Wilson, 52 Cal. 264 (abandonment — absence of intent).

Dwinnell v. Dyer, 145 Cal. 14, 78 Pac. 247 (conflicting locations).

Harris v. Lloyd, 11 Mont. 390, 28 Pac. 737 (mining partnership — rights of co-owners).

Lockhart v. Washington Co., 16 N. M. 246, 117 Pac. 883 (fraud).

New England Co. v. Broyles, 87 Okla. 55, 209 Pac. 312 (implied obligation to develop oil well — cancellation of lease).

Plummer v. McLain, Tex. C. A. , 192 SW 571 (misdescrip- tion of claim in patent).

Harrington v. Chambers, 3 Utah 94, 1 Pac. 362 (conflicting claims — assessment work outside of location) .

Eilers v. Boatman, 3 Utah 159, 2 Pac. 66 (lack of monuments — overlapping locations).

Springer v. S. P. Co., Utah 248 Pac. 620 (trespass).

Yarwood v. Johnson, 29 Wash. 643, 70 Pac. 123 (forfeiture- fraudulent relocation by cotenant).

FORM No. 45 INSTRUCTIONS TO JURIES

For precedents see

Flagstaff Co. v. Tarbet, 98 U. S. 463 (crosswise location).

Argentine Co. v. Terrible Co., 122 U. S. 478 (discovery).

Larkin v. Upton, 144 U. S. 19 (broad lode).

Cheesman v. Shreeve, 40 Fed. 787 (location).

Cheesman v. Hart, 42 Fed. 98 (parallelism of boundary lines).

Meydenbauer v. Stevens, 78 Fed. 787 (location — rights of locator).

Restraining Order 743

Walton V. Wild Goose Co., 123 Fed. 209 (location — excessive loca- tion of placer claim — assessment work).

Charlton v. Kelly, 156 Fed. 433 (discovery).

Kush V. French, 1 Ariz. 99, 25 Pac. 819 (location, nonresidents — forfeiture — ejectment) .

Big Three Co. v. Hamilton, 157 Cal. 130, 107 Pac. 301 (assess- ment work — forfeiture).

Willeford v. Bell, 5 Cal. Unrep. 679, 49 Pac. 6 (sufficiency of mark- ing).

Southern Nevada Co. v. Holmes, 27 Nev. 107, 73 Pac. 759 (apex suit).

Special Issues

Bulwer Co. v. Standard Con. Co., 83 Cal. 589, 23 Pac. 1109 (spe- cial issues submitted to jury).

FORM No. 46 ORDER TO SHOW CAUSE AND RESTRAINING ORDER

(Underground Trespass)

(Title of court and cause.)

Upon reading and filing the complaint herein (with the affidavit of

, in support thereof), and on motion of , Esq.,

attorney for the plaintiff.

It is ordered

that the defendant, Mining Company show cause, if any

it has, before the above entitled court, at the court-house thereof, in

the City of , in the County of , and State of

, on the day of , 19 , at o'clock,

in the forenoon of that day, or as soon thereafter as counsel can be heard, why an injunction pendente lite should not issue, restraining

and enjoining said defendant, Mining Company, its agents,

servants and employees and confederates from entering into or upon the mining ground situate and being in the Mining Dis- trict, County of , and State of , consisting of those

two certain contiguous and adjoining premises or mining ground, the

one known as the mining claim and also known as

lode claim and in the system of United States Surveys for patents for mineral lands from the government of the United States designated as Survey No. , and also so designated in a certificate of pur- chase from the United States of America, which was issued on the

day of , 19 , to the plaintiff by the receiver of

the United States land office at , in the State of ,

and the other described as follows, to wit :

(Description)

and from entering into or upon the mine or mines, lodes, drifts, cuts, excavations or works, or any thereof, on said mining ground or into or upon any part of said ground, and from working, or mining, or making or continuing any cut, opening or excavation on, or in said mining ground, or on or in any part thereof, or digging up, extracting,

744 Appendix — Forms And Precedents

taking or removing from said mining ground, or any part thereof, any- mineral, mineral deposit, ore, rock or earth, or any mineral substance v.'hatever, whether the saiije be in place, or severed from the freehold; and from in any manner hindering or obstructing plaintiff, or his agents, servants or employees, or any, or either of them, in working and mining upon said premises, and from in any manner interfering with said premises, or with anything thereon; such cause to be shown on

said complaint (and on the affidavit of , thereto annexed)

and to be herewith served.

And it is further hereby ordered that in the meantime, and until the hearing upon the foregoing order to show cause and the further

order of this court, the said defendant Mining Company,

its agents, servants and employees, and each and every of them, be, and they are hereby enjoined and restrained and ordered to refrain and desist from entering into or upon the said mining ground, or any part thereof, in the foregoing order to show cause mentioned and desig- nated ; and from entering into, or upon, the mine or mines, lodes, dips, cuts, excavations, or works, or any part thereof, on said mining ground ; and from working or mining, or making, or continuing any cut, open- ing, or excavation on, or in said mining ground; or digging up, or extracting, taking or removing from said mining ground, or any part thereof, any mineral, mineral deposit, ore, rock or earth, or any mineral substance whatever, whether the same be in place or severed from the freehold; and from in any manner hindering or obstructing plaintiff, or his agents, servants, or eraployees, or any, or either of them, in working and mining upon said premises, and from in any manner interfering with said premises, or with anything thereon, upon the said plaintiff giving bond in the sum of dollars.

And it is further hereby ordered that any and all affidavits, depo- sitions and documents to be used by defendant on the hearing of said order to show cause shall be served, by copy, on the attorney for the plaintiff at least days before the hearing of said order.

Judge. Dated , 19

FORM No. 47 ORDER FOR SURVEY, ETC.— UNDERGROUND TRESPASS

(Precedent in St. Louis Co. v. Montana Co., 9 Mont. 288, 23 Pac. 510;

State V. Anaconda Co., 26 Mont. 396, 68 Pac. 570) (Title of court and caase.)

This matter coming on to be heard upon the petition for an order for survey, examination, and inspection of all of the shafts and under- ground workings in the and lode claims, or

connected therewith, and an order to show cause having heretofore

been issued and duly served upon said Mininjr Company;

and said defendant appearing by counsel; and said petition liaving been duly heard and considered upon the return of said order to show cause upon evidence introduced by both parties, the court finds that it is necessary that the petitioner have a survey and inspection.

Survey — Underground Trespass 745

It is therefore ordered that you, the said Mining Com- pany, {j-ive to the petitioner herein, a survey, examination

and inspection of all of the shafts and underground workings con- tained within the and . lode claims, situate

in Mining District, County of , State of ,

and of all the underground workings connected therewith and extend- ing into the , and lode claims.

It is further ordered that the petitioner herein make

such survey, examination and inspection commencing on the

day of , 19 , and that you, the said Mining

Company, at all the times during the said period, upon the demand of

said lower and hoist him through said shaft and permit

him to enter said underground workings; that you remove all bulk- heads and obstructions which may be necessary to have removed to permit such survey, examination and inspection.

That said work of survey, examination and inspection shall be com- pleted within days from the date of this order unless, for good

cause, the court shall order a longer time to be used.

Said petitioner herein shall be responsible for all dam- age done in making said survey, examination and inspection.

The survey, examination and inspection by the said shall

be confined wuthin the vertical planes of the end lines of

and lode claims, except far as it may be necessary to

run lines in underground workings outside of such planes in order to complete an accurate survey of said workings within the said end lines. Such survey to be conducted so far as possible without inter- ference with the regular and orderly working anij operation of the

said and lode claims, or the employees of said

Mining Company in the discharge of their various duties;

and the engineers of the said shall not dispose of, nor sell

to any one any plan or section of said and lode

claims ; or any matter or data obtained or resulting from such survey,

except to , its agents and attorneys. The survey'ors of said

are not to enter said and lode

claims unless accompanied by three representatives, appointed by said Mining Company, to accompany them, unless, after reason- able notice, not to exceed such persons shall fail to attend.

The persons so hereinbefore authorized to make such survey shall not

take nor remove from said and lode claims any

samples of ore or minerals at any point therein, but they shall be allowed to examine and trace the Vvalls of the vein or fissure; and for this purpose they shall be allowed to use the pick and remove each material as shall enable them to make such survey, examination and inspection. A copy of this order shall be sufficient notice to said

Mining Company, its agents, servants, officers and employees

of the right of said and the persons named in this order

to make such survey, examination and inspection, and to enter the premises herein described for such purpose.

Judge. Done in open court this day of , 19

746 Appendix — Forms And Precedents

FORM No. 48 PETITION FOR SURVEY, ETC.— UNDERGROUND TRESPASS

(Precedent in State v. Anaconda Copper Co., 26 Mont. 396, 68 Pac. 570) (Title of court and cause.)

Comes now and respectfully alleges and shows to the

court: That he is now, and for a long time prior hereto has been the

Lessee from the Owners of an undivided of the lode

mining claim, situated in the Mining District, County of ,

State of , and lying adjacent to the and

lode claims on the and entitled to become the purchaser of

said portion of said lode claim under and by virtue of an agreement

from the owners thereof. That the Mining Company is in

the possession of the and lode claims, and of all

the shafts and underground working therein.

That, as petitioner is informed and believes, certain underground

workings have been made by said Mining Company into the

said lode claim. That there are certain veins or orebodies

which have their tops or apices in the said lode claim but so far depart from a perpendicular in their downward course as to pass into the

and lode claims beneath the surface

thereof, and that as petitioner is informed and believes said

Mining Company has been and is now engaged in

extracting valuable ores from said lode claims and the veins

and ores belonging thereto, and that certain of the underground work- ings made in and extending from the and lode

claims are upon the veins and orebodies which belong to said

lode claim.

That the only means of access to said underground workings is

through the shafts in said and lode claims in the

possession of said Mining Company and the under- ground workings in said claims and extending therefrom. That it is necessary for your petitioner to have a survey, examination and inspec- tion of all of the shafts and underground workings in said

and lode claims and the underground workings extending

tlierefrom or connected therewith, in order to ascertain, protect, and

enforce his rights to the lode claim, and to the veins and

orebodies belonging thereto.

That on the day of your petitioner served

upon said Mining Company a demand and request in

writing of which Exhibit ''A" hereto attached and hereof made a

part, is a copy, but that said Mining Company has

failed and refused for more than days since the service of said

demand and request upon it to grant the same or to permit your petitioner to have the survey, examination and inspection therein, as requested.

That as your petitioner is informed and believes it will be neces- sary for him to have access to said shafts and underground workings in said and lode claims by at least per- sons, for a periofl of days, in order to make a proper and thor- ough survey, examination and inspection of the same.

Lode Location Notice 747

Wherefore, your petitioner prays an order of the court, or the

judge thereof, requiring the said Mining Company to appear

and show cause why an order for survey, examination and inspection

of said and lode claims, and of all the shafts and

iinderround workings therein contained, should not be granted to him in accordance with the allegations of this petition.

Petitionee Attorney for Petitioner.

FORM No. 49 VERDICT— ADVERSE SUIT t

(Precedent in Bennett v. Harkrsder, 158 U. S. 441) (Title of court and cause.)

We, the jury find for the

Foreman.

FORM No. 50 NOTICE OF LODE LOCATION

To All Whom It May Concern :

This mining claim, the name of which is the

Mining Claim, is and was located by the undersigned, on the

day of 19

The length of this claim is feet, and

claim feet in a direction

and feet in a

direction from the center of the discovery

, at which this notice is posted, lengthwise of the claim, together

with feet in width on each side

of the center of said claim. The general course of the lode is from the to the

The claim is situated in Mining District, County of

, State of , about

in a direction

from

The surface boundaries of this claim are marked upon the ground follows: Beginning at

at a point in a direction feet from

the discovery shaft (at which this notice is posted), being in the center of the end line of said claim; thence

t See Doe v. Waterloo Co., 70 Fed. 456, and compare McGinnis v. Egbert, 8 Colo. 41, 5 Pac. 652. Manning v. Strehlow, 11 Colo. 451, 18 Pac. 625.

For another form of location notice see Hammer v. Garfield, 130 U. S. 291.

In California the boundary marks must be a post not less than four inches in diameter, or a stone monument at least eighteen inches high. See Appendix A.

Note. — All notices of location, or of forfeiture, or of annual expenditure substan- tially must conform to the law of the state or the local rules of the mining district within which the claim is situated.

5—2

Appendix — Forms And Precedents

feet to a

being: the corner of said claim; thence

feet to a being at the corner of said

claim thence feet to a at the center

of the end of said claim; thence feet

to a being at the corner of said claim;

thence feet to a at the corner of

said claim; thence feet to the place of beginning.

Locators.

This diagram is intended to give a general idea of plan of location.

Corner Monument

Corner Monument

o

Discovery Monument

500 feet

1000 feet

Discovery Shaft

a o

Corner Monument

Corner Monument

Fractional Lode Location

Under the authority of the cane of Jim Butler Co. v. "West End Co., 247 U. S. 454, a fractional location may be perfected by placing its location monuments upon adjoining territory, as suggested in the hypothetical case illustrated by the following diagram, and the extra- lateral right, if any, thus secured in consonance with the dip. See, also, Del Monte Co. v. Last Chance Co., 171 U. S. 55. ; but see Champion Co. V. Con. Wyoming Co., 75 Cal. 78, 16 Pac. 513.

Mill-Site Location 749

FORM No. 51 AMENDED NOTICE OF LODE LOCATION

I make this amended location of the lode claim,

claiming by right of discovery, location, primal appropriation, and pos- session feet, linear, on this vein or lode ,

the same being feet along the said vein or lode in a

direction from the discovery stake and

feet along the said vein or lode in a direction

therefrom, together with feet in width on each side of the

center at the surface of said vein or lode.

Situate in Mining District, County

of , State of , and

more particularly described as follows, to wit :

(Description)

This amended location is made in conformity with the jriginal

location, made , 19 , recorded ,

19 , in Book , page , of

, in the office of the Recorder of said county, and it

is made for the purpose of more definitely describinfr the boundaries of said lode claim, correcting any irregularities, infurmalities or errors, supplying omissions and correcting any defects v.iiich may have existed or do exist in the original location, or the record thereof, hereby waiving no rights acquired under and by virtue of said original location. And if the original location is void, then this amended location shall be an original location, and this amended location notice an original notice of location

Date of Original Discovery , 1:)

Date of Amended Locntiou , 19

Locator.

FORM No. 52

Notice Of Mill-Site Location

(330 feet by 600 feet equals 5 acres)

Notice is hereby given that the undersigned, proprietor of that cer- tain vein or lode claim known as the

mining claim (or the owner of that certain quartz mill or reduction

works known as the ) has this day located

five (5) acres of non-mineral land to be known as the

mill-site, situated in the Mining District, County

of , and State of , and described

as follows :

Beginning at the northeast corner of said mill-site, a post marked

N.E. cor. No. 1, which corner is about feet in a

direction from the comer of the mining claim,

U. S. survey No. , thence west feet to a post marked

N.W. cor No. 2; thence south feet to a post marked S.W. cor.

For another form of amended location see Porter v. North Star Co., 133 Fed. 756.

750 Appendix — Forms And Precedents

No. 3, thence east feet to a post marked S.E. cor. No. 4; thence

north feet to the place of beginning.

Dated , 19

,

Locator.

FORM No. 53 NOTICE OF PLACER LOCATION

(Precedent in Kern Oil Co. v. Crawford, 143 Cal. 298, 76 Pac. 1111.) Placer Location (on surveyed land).

Notice is hereby given that the undersigned has this

day of , 19 , located a placer mining claim

situated in Mining District, County of

, State of , described as

follows: the of Section , in Town- ship , Range M., containing

acres.

This claim shall be known as the placer

mining claim.

Locator.

FORM No. 54 NOTICE OF TUNNEL SITE LOCATION

Notice is hereby given that I, the undersigned, have this

day of , 19 , located a tunnel right, the name of which

shall be and is Tunnel Claim, for the purpose of dis- covering mines on the line thereof. Said tunnel right or location is

situate in Mining District, County of ,

State of , and is described as follows: Commencing at

the face or point of commencement of said tunnel, at which this notice of location is posted, and running thence three thousand feet in a

direction, to a post marked , and

feet wide on each side of the center line of said tunnel. The boundary lines of said tunnel are marked by stakes {or monuments) placed along said lines at an interval of not more than {six) hundred feet from the face or commencement of said tunnel to the terminus of three thousand

feet therefrom, and respectively marked Said tunnel

shall be feet in width and feet high in

Mr. Shamel, In his work on Mining Law, says : "The question as to the width of the tunnel claim on each side of the center line thereof Is much in doubt from the con- flicting decisions, and it Is deemed safest to establish the lines of the claim seven hun- dred and fifty feet distant from the center line, on either side thereof, and to make the notice accordingly. It has, however, been held that the claim may be fifteen hundred feet in width on either side of the center line — thus practically making the entire claim three thousand feet square — and from this It would follow that upon discovery of a lode within the tunnel, the location might be made In such a way as to give fifteen hundred feet from the point of discovery in either direction (though not in both directions). The writer doubts the correctness of this position. The form may be varied as desired in this particular. O. D. F. See Ellet v. Campbell. 33 Pac. 521 (afT'd. in 167 U. 8. 116; Enterprise Co. v. Rico-Aspen Co., 66 Fed. 200" (aff'd. In 167 U. S. 108) (page 331). In Morrison's Mining Rights (16th ed.) it is said: "It is safer for the tunnel claimant to elect at the outstart to take seven hundred and fifty feet on each side, or some other definite number of feet on each side, of the bore of his proposed tunneL" (Page 812.) See also, Costlgan Min. Law, page 232. and MIn. Regs., pars. 16, 17, 18.

Adverse Claim 751

the clear. This tunnel claim is located about from

(State courses and distances to some natural object

or permanent monument as shall identify the claim or tunnel right.)

Locator. State of )

County of J

, being first duly sworn according to law, deposes

and says, that he is the locator of Tunnel Claim. That it is

his bona fide intention to prosecute work on said tunnel with reasonable diligence for the discovery of mines and the development of the same. That he has commenced such tunnel at the face or commencement of said tunnel as described in the foregoing notice of location and has

driven said tunnel a distance of therefrom, at an expense

of dollars.

Subscribed and sworn to before me, this day of , 19.

Notary Public In and for the County of

State of

My commission expires.

FORM No. 55 ADVERSE CLAIM

In the United States Land Office at , State of

In the matter of the application of Mining Company, a

corporation, for a patent for the mining claim situate in

Mining District, County of , State of ,

Section , Township No. , Range No. ,

Meridian.

State of )

To the Register of the United States Land Office at ,

State of :

, being first duly sworn, according to law,

deposes and says that he is a citizen of the United States, born in the

State of , and residing at , in the County of

, and State of

Deponent further says that in virtue of a compliance on his part and that of his grantors with the laws of the United States relating to taking up, locating and holding mining claims or mineral lands in the

public domain and with the laws of the State of , and with

the local laws, customs and usages of the Mining District,

deponent has become, and now is, the owner, in possession of and

entitled to own and possess linear feet on the

vein, lode or ledge of quartz and other rock in place, bearing

752 Appendix — Forms And Precedents

and , together with certain surface ground appurtenant

thereto for the convenient use thereof in working said vein, lode or

ledge; said claim embracing in all acres in superficial area,

situate, lying and being in the Mining District, County of

, State of

Deponent further says that the facts relative to his claim, right and title of possession to said vein, lode or ledge and mining ground, claim and premises are substantially as follows : That on and before the day

of the location thereof, hereinafter mentioned, the said

vein, lode or ledge and mining premises were mineral lands of the public domain and entirely vacant and unoccupied and were not owned, lield or claimed by any person or party as mining ground, or otherwise, and that while the same were so vacant, unoccupied and unclaimed, to wit :

On the day of , 19 , and ,

each of them being citizens of the United States, entered upon and

exjjlored the premises, discovered and located the said vein,

lode or lo l<re and occupied the same as a mining claim.

That tl H said premises so located and appropriated consist of

feet in a direction on and along the said vein, lode or ledge

from the location stake and feet in width, as will more fully

appear by reference to the notice of location, a duly certified copy whereof is hereunto annexed, marked Exhibit ''A," and made a part hereof. That the said locators upon the making of said location entered into and took possession of said vein, lode or ledge, mining ground, claim and premises, erected thereon such stakes and monuments as were necessary to point and designate the boundaries and extent there- of, did such work thereon and performed all such acts as Avere required

by the mining laws of Congress, and of the State of and by

the laws, customs, rules and regulations of the miners of the said

Mining District, in which said claim is situated and filed their said notice of location in the office of the County Recorder of said ounty

of , by whom the same was recorded on the day of

, at page of Book of of the Records

of said county.

That said locators remained in the possession, occupation and enjoyment of the said vein, lode or ledge, mining claim, ground and premi-ses and continued from the date of said location to work upon,

prospect and develop the same until the day of , 19 — , on

which date the said locators, owners, and possessors of said vein, lode or ledge, and said mining ground, claim and premises, by their deed

in WTiting, good and sufficient in the law, conveyed all of said

vein, lode or ledge, mining ground, claim and premises, so as afore- said located by them, to , who thereupon entered into,

took possession and control, and has since possessed, controlled, enjoyed

and occupied all of said vein, lode or ledge, mining ground,

claim and premises. That the said locators and said , their

said grantee and the adverse claimant herein did comply with every

rule, regulation and custom in force in the said Mining

District, and with the provisions of the mining laws of the State of , and of the Acts of Congress in that behalf enacted.

That there is a vein, lode or ledge with wall within

said mining ground, claim and premises of an average width of ,

Affidavit Of Citizenship 753

running in a and direction, containing vein

matter carrying ; and there is blocked out, or in sight

tons of ore therein.

That there has been a large amount of money expended on said

vein, lode or ledge and said mining ground claim and premises

by said , the adverse claimant herein, and his grantor

and predecessors in interest aforesaid, to wit: dollars, in

, and there has been extracted from said vein, lode or ledge

and said mining ground, claim, and premises, more than tons

of ore of the value of dollars. That by reason of the facts

aforesaid deponent has become and now is the rightful owner (except as against the paramount title of the United States), and the lawful possessor of the said vein, lode or led.oe and the said mining ground, claim and premises.

That the abstract of title, herewith presented and made a part hereof, shows the deed, conveyance and transfer, whereby deponent became, and is vested with all the right, title and interest of the said locators in and to the said vein, lode or ledge, and said mining ground and premises, so located as aforesaid.

Deponent further says that the pretended mining claim, of said

applicant for patent known as the mining claim, overlaps,

embraces and includes a part and portion of deponent's said vein, lode or ledge, mining ground, claim and premises.

That the relative position of said several mining claims and the boundaries and extent of said overlap, at the surface, are more par- ticularly set forth, m.entioned and specifically described by courses and distances in the plat hereto attached, marked Exhibit ''B," and made a part hereof.

Wherefore, deponent does dispute and contest the right of said applicant for a patent from the government of the United States for said pretended mining claim, and respectfully asks that all fur- ther proceedings in the matter of said application be stayed in said land office until the controversy shall have been settled by a court of competent jurisdiction.

Subscribed and sworn to before me, this day of ,

Notary Public.

In and for the County of , State of.

My commission expires

FORM No. 5 6 AFFIDAVIT OF CITIZENSHIP

State of )

Countv of (

ss.

being first duly sworn according to

law, deposes and says; that he is the applicant for patent for the mining claim Serial No situate

In case an applicant has declared his Intention to become a citizen or has been naturalized, his affidavit must show the date, place, and the court before which he declared his intention, or from which his certificate of citizenship issued, and present residence. Min. Regs., par. 68. See, also, § 1077, n. 26.

754 Appendix — Forms And Precedents

in Mining District, County of

and State of That

he is a native born citizen of the United States of America. That he

was born at in the County of

State of , and that he now is and for more

than years last past has been a resident of ,

in the County of , State of

Subscribed and sworn to before me, this day of , 19

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 57 AFFIDAVIT OF CHARGES AND FEES

(Caption as in Form No. 55.)

State of )

. , being first duly sworn according to

law, deposes and says, that he is the attorney in fact for the

Mining Company, the applicant for patent for the mining

claim, designated as Serial No. That said applicant has paid

the following charges and fees for publication, and surveys and fees and money to the Register of the Land Office, viz : To the Public Survey Office

To the U. S. Mineral Surveyor for making the survey

To for publication of notice

To the Register for filing application

To the Register for the land embraced in the claim

$—

Subscribed and sworn to before me, this day of , 19

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 58 AFFIDAVIT THAT NO KNOWN VEIN EXISTS WITHIN PLACER LOCATION

(Caption as in Form No. 56.)

State of )

County of j[

and , of the said County and State, being first

duly sworn, each for himself, and not one for the other, deposes and

says: That he is well acquainted with the Mining Claim,

embracing acres, situated in the Mining Dis- trict, County of and State of , owned and

worked by , the applicant for a United States patent

therefor.

Affidavit Of Expenditure 755

That for many years he has resided near, and often been upon said mining premises, and that no known vein or veins of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper exist on said placer mine and claim, or on any part thereof, so far as he knows, and he verily believes that none exist thereon.

Subscribed and sworn to before me, this day of , 19

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 59 FINAL AFFIDAVIT OF POSTING

(Caption as in Form No. 55.)

Stateof )

County of

, being first duly sworn according to law, deposes and

says, that he is the duly authorized attorney in fact and superintend- ent of the Mining Company, the claimant of the

mining claim in Mining District, County of

and State of , the official plat of which premises designated

by the Office Cadastral Engineer as Survey No. , together

with the notice of its intention to apply for a patent therefor, was

posted thereon on the day of , 19 , as fully

set forth and described in the affidavit of and ,

dated the day of , 19 , which affidavit was

filed in the land office at in the State of in this

case, and that the plat and notice so mentioned and described remained conspicuously and continuously upon said mining claim from and

including the said day of , 19 , until and

including the day of , 19 , including the sixty

days' period during which notice of said application for patent was published in the newspaper.

Subscribed and sworn to before me, this day of , 19.

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 60 AFFIDAVIT OF EXPENDITURE ON PLACER CLAIM

(Caption as in Form No. 55.)

State of ) gg

County of f

We, and , being severally duly sworn, on

oath depose and say, that we are citizens of the United States and of

756 Appendix Forms And Precedents

the State of , that we are well acquainted with the situa-

ioii and character of the mining claim owned by

Mining Compan} located in Mining District, County of

, State of , in Section , Township

, Range , Meridian.

That the same is a placer mining claim containing acres.

That we have no financial interest in said mining claim. That we are conversant with the working of said mining claim, and that to the best of our knowledge and belief the amount expended on said mining claim in labor and improvements by the said claimant and its grantors is not less than $500.

That the said labor and improvements consist of

(Here fully describe same.)

Subscribed and sworn to before me, this day of , 19

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 61

Preliminary Affidavit Of Posting

(Caption as in Form No. 55 )

and , each for himself and not one for the

other, being first duly sworn according to law, deposes and says, that he is a citizen of the United States over the age of twenty-one years

and was present on the day of , when a

plat representing the mining claim and premises and certi- fied to as correct by the Office Cadastral Engineer of the District

and State of and designated by him as Survey No. ,

together wuth a notice of intention of Mining Company to

apply for a patent from the government of the United States for the mining claim and premises so platted, was posted in a conspicuous place upon said mining claim, to wit :

(Describe place of posting)

where the same could be easily seen and examined. The notice so con- spicuously posted upon said mining claim being in words and figures as follows, to wit :

(Insert Notice of Posting, Form No. 77)

Subscribed and sworn to before me, this day of , 19 ,

and I hereby certify that I consider the above deponents credible and reliable witne.sses and that the foregoing affidavit and notice were read

Agreement Of Publisher 757

by each of them before tlieir signatures were affixed thereto and the oath made by them.

Notary Public. In and for the County of , State of

My commission expires

FORM No. 62 AFFIDAVIT OF PUBLICATION

(Caption as in Form No. 55.)

State of

being first duly sworn, according to law,

deposes and says that he is the of the , a

newspaper, published at , in the

County of , State of That

the annexed notice of the intention of Mining Company

to apply for a patent from the government of the United States for

the mining claim designated as Serial No. , was

published in said newspaper , commencing on

the day of , 19 , and ending on the

day of , 19 , as follows, to wit:

Subscribed and sworn to before me, this day of , 19

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 63 AGREEMENT OF PUBLISHER

(Caption as in Form No. 55.)

I, , owner and publisher of the , a

newspaper of general circulation, published at , in the

County of and State of , hereby agree to publish

in said newspaper the notice of the intention of Mining Com- pany to apply for a patent from the government of the United States

for the mining claim designated as Serial No and

situated in the Mining District, County of ,

State of , as required by the mining laws of the United

States, and to hold said applicant alone responsible for my charges for making such publication; and no claim nor charge v/hatsoever shall be made by me against the government of the United States, or any of its officers or agents therefor.

In witness whereof, I have hereunto set my hand this day

of , 19

758 Appendix — Forms And Precedents

FORM No. 64 APPLICATION FOR PATENT

In the United States Land Office at , in the

State of

Application of Mining Company, a corporation, for a

patent for its claim of linear feet of the Lode, bearing

and , together with surface ground adjacent and

appurtenant thereto, embracing an area of acres, lying and being in

the Mining District, County of , State of ,

and officially designated by the Office Cadastral Engineer as Survey

No. , in Township No , Range No , Meridian,

as shown by the official plat thereof filed herewith and the official field notes of survey hereto attached.

State of 1 gg

County of )

To the Register of the United States Land Office for the District of Lands subject to sale at , in the State of

being first duly sworn according to law, on his oath,

deposes and says that he is a citizen of the United States, over the age

of twenty-one years, residing at in the County of ,

State of , and that he is the agent and superintendent of

Mining Company, and is duly authorized and empowered to

verify and file this application, as well as appear by a resolution of the board of directors of said company, a copy whereof is hereto attached, marked Exhibit '*A," and made a part hereof.

That the said Mining Company is a corporation duly

organized and existing under and by virtue of the laws of the State

of , having its principal place of business at in the

State of , as will appear by a certified copy of its articles of

incorporation, hereto attached, marked Exhibit '*B," and made a part hereof.

Deponent further says that the said Mining Company, in

virtue of a compliance on the part of itself and its grantors with the laws of the United States relating to taking up, locating and holding mining claims or mineral lands in the public domain and with the

mining laws of the State of , and with the local laws, customs

and usages of the Mining District, has become and now is

the owner of and in actual possession of and entitled to so own and

possess linear feet on the lode, being a mineral vein

or lode or ledge of quartz and other rock in place, bearing

and , together with certain surface ground appurtenant

thereto, for the convenient use thereof in working said lode, vein or ledge; said claim embracing in all acres in superficial area; sit- uate, lying and being in the Mining District, County of ,

State of , the boundaries and extent of which said vein, lode

or ledge and claim, at the surface, are more particularly set forth, men- tioned and specifically described, by course and distance, in the official field notes of survey thereof, hereto attached, marked Exhibit and made a part hereof ; and also in the official plat of said mining claim

Application For Patent

designated as Survey No. , Township No. , Range

No. , Meridian, and which said plat is now posted

conspicuously upon said mining claim and premises; to which said

plat and field notes of said Survey No. , reference is hereby

particularly made as fully describing and setting forth by actual sur- vey the boundary lines at the surface of the vein, lode, ledge, and mining ground so owned by, in the possession of, and for whicli the said Mining Company hereby makes application for a pat- ent ; this deponent making the said plat and field notes of survey of said

Survey No , a part of this statement as describing the mining

premises hereby sought to be patented and wherein the same are described as follows, to wit :

(Description)

(There is expressly excluded from this application for patent the

following portion of said Survey No , to wit: , as

shown on said official plat. )

Deponent further says that the facts relative to the Min- ing Company's claim, title and right of possession to said vein, lode, ledge and mining premises are substantially follows :

That on and before the day of the location thereof, hereinafter men- tioned, the premises hereinbefore described were mineral lands of the public domain and entirely vacant and unoccupied, and were not owned, held, or claimed, by any person, or party as mining ground, or otherwise; and that while the same were so vacant and unoccupied

and unclaimed, to wit: on the day of , 19 , ,

each and all of them being citizens of the United States, entered upon

and explored the premises, discovered and located the said

vein, lode or ledge and occupied the same as a mining claim.

That the said premises so located and appropriated consist of

feet in a direction on and along the said vein, lode or ledge

from the location stake and feet in width, together with all the

dips, spurs, angles, depths, widths, offshoots, sinuosities and variations, as will more fully appear by reference to the notice of location, a duly certified copy whereof is hereunto attached, marked Exhibit ''D" and made a part hereof.

That the said locators, said and his said associates, upon the

making of said location entered into and took possession of said

vein, lode or ledge and said mining ground, claim and premises, erected thereon such stakes and monuments as were necessary to point and designate the boundaries and extent thereof, did such work thereon and performed all such acts as were required by the mining laws of

Congress, of the State of , and by the laws, customs, rules

and regulations of the miners of the district in which said claim is situated, and filed their said notice of location in the office of the

County Recorder of the said County of , by whom the same

was recorded on the day of , in Book at

page of of the Records of said county.

That said locators remained in the possession, occupation and enjoy- ment of the said vein, lode or ledge and said mining claim,

ground and premises and continued, from the date of said location, to work upon, prospect and develop the same until the day of

760 Appendix Forms And Precedents

, on which date the owners and possessors of said

vein, lode or ledge, mining ground, claim and premises by

their deed in writing, good and sufficient in the law, conveyed all of said vein, lode or ledge and mining ground, claim and premises so as

aforesaid located by said , and his said associates, to

, and thereupon said entered into, took possession

and control, and commenced to work upon and develop the same, and

so continued in such possession and work until the day of

, 19-_, on which dale the said by his deed in

writing, good and sufficient in the law, conveyed all of said

vein, lode or ledge and said mining ground, claim and premises, to

Mining Company, the applicant for patent herein, and

thereupon the said corporation entered into, took possession and con- trol, and has since possessed, controlled, enjoyed, and occupied and

is now in the actual and peaceable possession of all of said

vein, lode or ledge and said mining claim, ground and premises.

That the said locators, said and his said associates and

their said grantee and said corporation, did comply with every custom,

rule, regulation and requirement in force in the Mining

District, and with the provisions of the mining laws of the State of , and of the acts of Congress in that behalf enacted.

That there is a true fissure vein, lode or ledge with ivell defined walls

carrying gouge, within said claim, having an average width of

feet, running in a and direction and containing quartzose

vein matter carrying iron and copper pyrites, and there is blocked out

or in sight tons of ore therein of an average value of

dollars per ton.

That the precise place where said vein, lode or ledge was discovered or disclosed within said location is at a point

That there has been a large amount of money expended on said

vein, lode or ledge mining ground, claim and premises by

said corporation, the applicant for patent herein and by its grantors,

to wit: dollars in {running a tunnel feet) long,

with drifts, cross cuts and stopes therefrom;) and there has been

extracted from said vein, lode or ledge more than, to wit:

tons of ore Of the value of about dollars per ton.

That ny reason of the facts aforesaid the said Mining

Company, the applicant for patent herein, has become and is the rightful owner (except as against the paramount title of the United

States), and the lawful possessor of aforesaid vein, lode, or

ledge and the said mining ground, claim and premises.

That the abstract of title herein, duly certified by , shows

the various deeds, conveyances and transfers whereby the said

Mining Company, the applicant for patent herein, became

and is vested with all the rights, title and interest of the said locators,

said and his said associates and their said grantee in and to

said vein, lode or ledge and said mining ground, claim and

premises, so located as aforesaid.

In consideration of which facts, and in conformity with the provi- sions of Chapter VI of Title XXXII, of the Revised Statutes of the United States, application is hereby made for and in behalf of said Mining Company, for a patent from the government of the

Mineral Entry 761

United States for the said vein, lode or ledge, deposit, min- ing ground, claim and premises so officially surveyed and platted.

Company by its Superintendent and Agent.

Subscribed and sworn to before me this day of ,

19 , and I hereby certify that I consider the above deponent a credible

and reliable person, and that the foregoing affidavit, to which was

attached the field notes of survey of the mining claim, was

read and examined bv him before his sirnature was affixed thereto.

Notary Public.

In and for the County of , State of

My commission expires

Note. — Showings by Applicants for Placer Patents. Paragraph 60 of the Mining Regulations, 49 L. D. 15, provides .that in placer applications, in addition to the recitals necessary in and to both vein or lode or placer applications, the applicant must furnish certain data, and that since no report of a mineral surveyor is required 'where the claim is described by legal subdivision.s, the claimant should describe in detail the shafts, cuts, tunnels, or other workings claimed as improvements, giving their dimen- sions, value, and the course and distance thereof to the nearest corner of the public surveys. The precise point of discovery upon the placer claim should be given along with the points on the claim where cuts or other work has been done by the placer claimant as patent expenditure. 51 L. D. 265.

FORM No. 65

Department Of The Interior Mineral Entry

U. S. Land Office, , No

Application to Purchase

Receipt No

The undersijrned, claimant under the provisions of the Revised

Statutes of the United States, Chapter Six, Title Thirty-two, anrl leir-

islation supplemental thereto, hereby appl to purchase that

Mining Claim known as the

Section ,

Township , Range , Meridian,

designated as Survey No , said Survey — No

extending feet

in length along said vein

or lode, but expressly excepting and excluding from this application all

that portion of the ground embraced in mining claim designated as

Survey No

and also all that portion of any vein or lode the top or apex of Avhich

lies inside of said excluded ground; said lode claim embracing

acres and said Mill-Site claim acres, in the

Mining District, in the

County of and of

as shown by the survey thereof, and hereby agree to pay therefor

Dollars,

being the legal price thereof.

Dated , 19_-.

United States Land Office At ,

, 19.

762 Appendix — Forms And Precedents

I HEREBY CERTIFY that the aforesaid Mining Claim or Survey

No as applied for above, is subject to entry by the above- named applicant — ; the area of said Lode claim being

acres and of said Mill-Site claim acres, and the legal price

thereof dollars.

Register.

FORM No. 66 APPLICATION FOR REPAYMENT

(Precedent in Repayment, 39 L. D. 146)

To the Commissioner of the General Land Office.

Sir : I hereby make application for the return of the purchase money

and commissions paid with my under the law,

for the of section , township ,

range , as per register's receipt No , issued at

, bearing date the day of , and

which is surrendered herewith, and on oath declare that I am the identical (or legal representative of the) person who made such pay- ment, and that there was no fraud or attempted fraud in connection with the effort to obtain title to the above described tract of land.*

(Applicant sign here)

(Post-office address)

County of J

Subscribed and sworn to before me this day of.

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 67 LETTER OF ATTORNEY

Know all men by these Presents :

That I, , of , have made, constituted and

appointed, and by these presents do make, constitute and appoint

, of Washington, D. C, my true and lawful attorney, for me,

and in my name, place and stead, to do all things necessaary in con- nection with my application for repayment of the purchase price and

fees paid by me on Mineral entry No , for the

and mining claims in Township Range

M., , which was filed , 19—, and to

receive any warrant or draft is.sued in making the repayment aforesaid.

If the receipt has been lost or destroyed, so state.

Repayment Excess Survey Deposit 763

And for the purposes aforesaid, I do hereby grant unto my said attor- ney full power and authority to do and perform all and every act what- soever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution and revocation, hereby ratify- ing and confirming all that my said attorney shall lawfully do or cause to be done by virtue hereof, hereby annulling and revoking all former powers of attorney or authorizations whatever in the premises.

In witness whereof, I have hereunto set my hand the day

of , in the year One Thousand Nine Hundred and

(2 witnesses.)

FORM No. 67a DEPARTMENT OF THE INTERIOR— GENERAL LAND OFFICE

Application For Repayment Of Excess Or Unused Mining Survey

Deposit

(Under act of February 24, 1909, 35 Stat., 645) The District Cadastral Engineer,

I hereby make application for the repayment of

dollars and cents ($ )

being the excess or unused mining survey deposit made in connection with my application for official survey of the

mining claim, mineral survey No. , as per certificate No.

issued by the , ,19—;

in the amount of$ , and on oath declare that I am the identical

person who made said payment (or legal representative or duly

authorized agent, as evidenced by authorization hereto attached).

(Signature) (Post-office address)

State of

County of-

Subscribed and sworn to before me this day of.

Notary Public.

In and for the County of , State of

My commission expires

Office Of District Cadastral Engineer

I certify that the foregoing claim is correct as appears from the records of this office.

Office Cadastral Engineer.

764 Appendix — Forms And Precedents

FORM No. 68

APPLICATION TO DISTRICT CADASTRAL ENGINEER FOR SURVEY OF MINING CLAIM— PUBLIC SURVEY OFFICE

District Cadastial Enriiieer:

Sir

, claimant , hereby make application for an

official survey under the provisions of Chapter six, Title thirty -two, of the Revised Statutes of the United States, and regulations and instruc- tions thereunder, of the mining claim known as the ,

situate in Mining District , County

in Section , Township No , Range No

Said claim is based upon a valid location made on , 19 ,

and duly recorded on , and is fully described in the

duly certified copy of the record of the location certificate, filed here- with. Said certificate contains the name of the locator , the date

of location, and such a definite description of the claim by reference to natural objects or permanent monuments as will identify the claim, and said location has been distinctly marked by monuments on the ground, so that its boundaries can be readily traced.

request that you will send an estimate of the amount

required to defray the expenses of platting and other work in your

office, required under the regulations, that may make proper

deposit therefor, and that thereupon you will cause the survey to be

made by , U. S. mineral surveyor, and proper action to be

taken thereon by your office, as required by the United States mining laws and regulations tliereunder.

Claimant

(By his agent or attorney.)

To be signed in writing only.

P. 0. Address

FORM No. 69 APPOINTMENT OF ATTORNEY IN FACT

At a regularly called meeting of the directors of the Min- ing Company, held at its office in the city of in the State of

this day of , there was a legal quorum of

said directors present, to wit:

Messrs. and

Absent: Messrs

After due and legal proceedings the following preamble and resolu- tion were adopted by the unanimous vote of the directors present:

Whereas, it is the intention of this corporation to apply for a patent from the government of the United States for its certain mining claim, ledge, lode and premises situate, lying and being in the

Certificatk No Suit I'Ending 765

Mining District, County of , State of and called

the Mining Claim.

Now, therefore, be, and it is hereby

Resolved, That the superintendent and manaf>:ing agent

of this corporation be and he is hereb}' fully authorized and empowered for and on behalf of this corporation, and in its name to do all acts whatsoever necessary or proper for the purpose of making and com- pleting said application for and procuring the patent for said mining claim and to make and file any and vU affidavits or other papers of any kind necessary or required for the procuring of said patent for said mining claim and premises.

I hereby certify the foregoing?- to be a full, true and correct tran- script from the minute book of the Board of Directors of

Mining Company and a full, true and correct copy of the preamble and resolution adopted at a regularly called meeting of said Directors held

at the office of said corporation in the city of , County of

, State of

Witness my hand and the corporate seal of Mining Com- pany, by me hereto affixed this day of ,

Secretary Mining Company.

FORM No. 70

Request For Transmission Of Notices And Communications To Attorney

In the United States Land Office at ,

in the State of In the matter of the application

of for a United States patent for the Mining

Claim.

To the Register of the United States Land Office at

in the State of Sir: You are hereby authorized and

directed to transmit all notices and other communications which may be necessary or required in the matter of the above entitled application

for patent to , the attorney for said applicant for patent,

whose post office address is , in my place and stead.

Dated , 19

Superintendent and Managing Agent for

FORM No. 71 United States District Court

Certificate That No Suit Is Pending

(Caption as in Form No. 55.)

United States of America 1

District of Us. Serial No

Division. J

I, , Clerk of the District Court of the United States for

the District of , do hereby certify that I am the

Clerk of the District Court of the United States for the

766 Appendix — Forms And Precedents

District of I do further certify that from an examination

of the records of the United States District Court, in and for the

District of Division, I find that no suit, action

or proceeding of any character whatsoever was or has been commenced

in said court on or subsequent to the day of ,

involving the right of possession or affecting the title to the

Lode Mining Claim or the Lode Mining Claim, or either of

them, or any part thereof, situate in the Mining District,

County of , State of , and wherein is

plaintiff and Mining Company is defendant.

In witness whereof, I have hereunto set my hand and

aflSxed the seal of said District Court, this day

of A. D

Clerk of the District Court of the United States for the District of

FORM No. 72 State Court

Certificate That No Suit Is Pending

(Caption as in Form No. 55.)

I, , do hereby certify that I am the duly elected, qualified

and acting clerk of the County of State of , and

ex officio clerk of the Court of the State of , in

and for the County of

And I do hereby further certify that there is now no suit or action of any character pending in said court involving the right of posses- sion to the mining claim, or any part thereof, and there

has been no litigation before said court affecting the title to said mining

claim, or any part thereof, for years last past, or within the

period prescribed by the statute of limitations affecting real property,

to wit: years, other than what has been finally decided in

favor of said Mining Company.

In witness whereof, I have hereunto set my hand and

affixed the seal of said Court this day

County Clerk and ex officio Clerk of the Court

of the State of in and for the County of

FORM No. 73

Clerk'S Certificate Of Final Judgment

(Caption as in Form No. 55.)

State of )

County of )

I, , do hereby certify that I am the duly elected, qualified

and acting clerk of the Court of the State of in

5"See Mining Regulation*, paragraph 86.

Posting Of Patent Application 767

and for the County of , and I do further hereby certify that

in a certain action pending in said court and numbered in the

files and records thereof, wherein was plaintiff and

was defendant, judgment was rendered in said court on the

day of , 19 , in favor of said and against said

That said action was an adverse suit brought in support

of an adverse claim filed in the United States Land Office at

in the State of , by said plaintiff to determine the right of

possession of that certain mining claim situate in the Mining

District, County of State of , known as the

mining claim.

That an appeal was taken from said judgment to the Supreme

Court of the State of , by said That thereafter,

and on the day of , 19 , said appeal was dismissed

in and by said Supreme Court. That no further appeal is or has been filed in said matter. That the judgment above described and fully set forth in the certified copy of the judgment-roll in said action num- bered is a final judgment as the time for appeal from said

judgment has, under the law, expired.

In witness whereof, I have hereunto set my hand and

affixed the seal of said Court this day

County Clerk and ex officio Clerk of the Court

of the State of in and for the County of

FORM No. 74 NOTICE OF POSTING OF APPLICATION FOR PATENT

Legal Notice of the Application of Mining Company for

a United States Patent.

State of )

County of f'

Mining Company hereby gives notice that under and in

pursuance of Chapter VI of Title XXXII of the Revised Statutes of

the United States, Mining Company, a corporation organized

and existing under the laws of the State of having its prin- cipal place of business and post-office address at in the State

of and engaged in the business of mining at

Mining District, in the County of State of and

which is authorized to locate a mining claim under the provisions of said Chapter VI, and which has complied with its terms, does claim

linear feet of the vein, lode, ledge or mineral

deposit bearing and with surface ground

feet in width, lying and being situate within the Mining

District, County of , State of , and has made

application to the United States for a patent for said mining claim, vein, lode, ledge and mineral deposit and intends to and will file in the

United States Land Office at , in the State of ,

that being the proper land office, its said application for patent, under

768 Appendix — Forms And Precedents

oath, showing such compliance, together with the plat and field notes of the survey of the claim, made by or under the direction of the Dis- trict Cadastral Engineer for the State and District of ,

showing accurately the bouijdaries of the said claim, which are dis- tinctly marked by monuments on the ground wherein and whereby the boundaries and extent of said claim, on the surface, are described as follows, to wit :

(Description)

The names of the adjoining and conflicting claims, as shown by said

plat and survey, are the officially designated as Survey

No. on the north, and by the Mining claim (unsur-

veyed) on the east and said claim of said Mining Company

is designated as Survey No. in the said official plat posted here- with.

Any and all persons claiming adversely the mining ground, vein, ledge, premises, or any part of the same so designated, surveyed, platted and applied for, are hereby notified that unless their adverse claims are duly filed according to law and the regulations thereunder, within the sixty days' period of the publication of the notice of said application with the register of the United States Land Office at

, in the State of , they will be barred in virtue

of the provisions of said statute.

Dated and posted on the ground this day of , 19

Company.

By

Its Superintendent and Attorney in Fact. Witnesses :

Note. — Areas intended to be excluded from the application for patent must be expressly stated iri both the posted and published notice as well as in the application for patent. Min. Regs., pars. 38-39.

FORM No. 75 PUBLISHED NOTICE OF APPLICATION FOR PATENT

U. S. Land Office

M. E. No

Notice is hereby given that Mining Company by

attorney in fact, for , has

made application for patent for the and , lode

mining claims, Survey No. (in unsurveyed T. R. ,

B. and M.) in Mining District,

County, , described as follows :

(Description)

There are no adjoining nor conflicting claims.

The location notice is recorded in Book , page

(mining locations) ,

Register

The above notice is in accordance with government requirements and contains all the essential data necessary for publication. See 60 L. D. 656.

Protest Against Patent 769

FORM No. 76

Notice Of Filing Of Adverse Claim

Department of the Interior United States Land Office

Sir:

You are advised that on , there was filed in this office,

during the statutory period provided therefor, the adverse claim of

for claim, against the issuing of patent

to for mining claim.

Now, therefore, under section 2326, Revised Statutes of the United States, and paragraph 83 of the regulations therunder, approved March 29, 1909, "the party who filed the adverse claim will be required within thirty days from the date of such filing to commence proceedings in a court of competent jurisdiction to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment, and that, should such adverse claimant fail to do so, his adverse claim will be considered waived, and the application for patent be allowed to proceed upon its merits. ' ' Very respectfully,

Register.

FORM No. 77

Protest

(Precedent in Grand Canyon Co. v. Cameron, 36 L. D. 66)

In the United States Land Office at in the State of

In the matter of the application of for a United States

patent for mining claim known as the and

lodes and mill-sites in Section , Township , Range of

Protest of Company.

To the Register of the United States Land Office for the district of land subject to sale at in the State of

State of

County of

, being duly sworn, according to law, on his oath

deposes and says: That he is the of the Company,

the protestant herein, and is duly authorized and empowered to verify and file this protest as will appear by a resolution of the board of directors of said companj a copy whereof is hereto attached, marked Exhibit ''A" and made a part hereof.

That the said Company, the protestant herein, is, and

since the day of , 19 , has been a corporation

Under the Rules of Practice, 51 L. D. 547, a verified protest, in duplicate, must be filed with the local register and be corroborated by at least one witness having such personal knowledge of the facts in relation to the contested entry, as, if proven, would render it subject to cancellation, and these facts must be set forth in the affidavit. If the contest aflldavit does not contain the date and number of the entry or a correct description of the land it may be held to be fatally defective. Fosdick v. Shackleford, 47 L. D. 558 ; Roark v. Tarkington, 51 L. D. 183.

770 Appendix — Forms And Precedents

maintaining and operating a railroad for the carriage of freight and

passengers from the town of in the State of

to a point on the rim of the in said state near what is

known as the Trail, as will appear by a certified copy of its

articles of incorporation hereto attached, marked Exhibit "B," and made a part hereof.

That on the day of , 19 , the said

filed his application to the government of the United States for a patent

for the mining claim known as the and lodes and mill-sites

in Section , Township , Range of ;

and which said application has ever since been and still is pending and undetermined.

That at the time of the location of said alleged lodes the applicant for patent had made no discovery of any valuable deposit of mineral within the limits of either, or any of said locations and has not since made any such discovery ; and that the lands so located by him do not contain valuable deposits of any kind, so far as known.

That the plat of survey and the notice of the application for patent aforesaid were not posted in a conspicuous place upon said mining claim. That if said plat and notice were posted at all they, and each of them, were posted where they could not be seen.

That the notice of application for patent for said mining claim was

published in a weekly newspaper in called the ,

a newspaper of small circulation and read by few persons. That said notice, as published, was defective in this: That it failed to give the connecting line of said mining claim with a corner of the public surveys or a United States mineral monument. That it failed to give the names of the adjoining and conflicting claims, or the number of the survey thereof.

That the expenditures in labor or improvements upon the said lodes are insufficient in amount and kind for patent purposes.

That said , said applicant for patent, is seeking by

means of fraud, deceit and misrepresentation to acquire a patent for the land embraced in said mining claim in that such lands are not valuable for minerals and the said alleged mining claims were not located for mining purposes but for the purpose of controlling, so far

as possible, the use of a portion of the Trail leading from

the terminus of the line of railroad of this protestant down to the

walls of the Canon of the

River to said river, and thereby placing himself in a position either to

prevent the public from using said portion or to pay to said

such sums of money as he shall see fit to exact for the privilege of using said trail.

That the boundaries of the said locations were so fixed upon the face of the earth as to include that portion of said trail known as the

which, because of the topography of the ground traversed

by it, is located upon the only practicable and feasible route for a trail

from the terminus of the protestant 's line of railroad to the

River, and that as far as can be determined from an inspection of the surface of the ground and the small amount of excavation thereon, the course of the said alleged mining claims was determined by the

course of the said portion of said trail rather than by the course of any lode or mineral bearing vein.

That the lands embraced in the so-called and

mill-sites are not now and never have been used or occupied for either

mining or milling purposes, and that said is seeking to

acquire patent to said mill-sites and each of them by means of fraud, misrepresentation and deceit and as part of a scheme devised by him

for acquiring control of said Trail and the waters flowing

in what is known as Creek.

That in carrying out said fraudulent scheme and purpose said

made pretended locations of lodes and mill-sites along and

across said trail from its head on the rim near the terminus of the line

of railroad of this protestant, to the foot of said trail at the

Eiver, all in the Canon of the River, so located as

to include the greatest possible portion of said trail.

That the Canon of the River is one of the great

natural wonders of the world, is visited by large numbers of people from all parts of the world, practically all of whom travel over the line of railroad of this protestant, and the most of whom make the trip over said trail down to said river.

That said trail and said alleged mining claim and mill-sites are within the Forest Reserve.

That this protest is made for the purpose of preventing the con- summation of what protestant verily believes to be a fraudulent scheme to obtain patents for lands within a forest reserve regardless of their value for mining uses and to secure control of the waters flowing in

what are known as Creeks; and alsa for the purpose of

securing to the public and particularly to all persons who travel upon the protestant 's line of railroad with the intention of visiting the Canon of the River the right freely and unre- strictedly to travel upon and over said trail down into said canon.

Wherefore, protestant respectfully prays that a hearing be ordered to allow it to prove the foregoing allegations, protect its legal rights, and also to show cause why said application for patent should be canceled.

Post-ofBce address

Subscribed and sworn to before me, this day of , 19.

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 78 AFFIDAVIT OF LOSS OF REGISTER'S FINAL CERTIFICATE

State of ) gg

County of J

, being first duly sworn according to law, deposes

and says : that he is the identical person who, on the day

*Tf affiant claims as a transferee of the entryman, the fact should briefly be stated, showing the loss of said certificate, either by his transferee or by the afllant, and alleging afliant to be the present owner of the claim.

772 Appendix Forms And Precedents

of , 19 , made Mineral Entry No in the

land office, for the mining claim. That affiant has lost

the Register's final certificate of entry issued to him at the date of said mineral entry, and wholly is unable to find the same, though he has made diligent search therefor. That affiant is the present owner of

said mining claim, not having sold the same since the

date of said mineral entry.

Wherefore, affiant asks that the United States* patent issued upon said mineral entry be delivered to him.

Subscribed and sworn to before me, this day of ,

Notary Public.

In and for the County of , State of

My commission expires

FORM No. 79 PUBLICATION NOTICE OF ORE BUYER'S APPLICATION

In compliance with Section 2253, Public Resources Code (Chap. 93, Stats. 1939), the undersigned, whose principal place of business is

at , California, hereby gives notice that

application has been made to the State Mineralogist for a license to carry on within the State of California for the year ending December

31, 19 , the business of milling, sampling, concentrating, reducing,

refining, purchasing, and receiving for sale ores, concentrates, and amal- gams bearing gold or silver, gold dust, gold and silver bullion, nuggets and specimens.

Protest may be made by any person to the issuing of such license at the office of the State Mineralogist, Ferry Building, San Francisco.

Dated

(Applicant)

This notice shall be published at the cost of the applicant once a week for three successive weeks in a newspaper published in the county or counties where such busi- ness is to be carried on. (Section 2, Chapter 70, Stats. 1925 ; amended 1927 ; amended 1929.)

Ott V. Deer Creek Placer Co., 36 Fed. (2d) 553, it is said that under the Ore Buyer's License Acts (Stats. 1925, pp. 162, 164; Stats. 1927, p. 314), it would seem that the book or record to be kept by a licensee should contain the weight, or amount, and a short description of the ore, concentrates or whatever was delivered to him in Its origrinal form, and not the value of the gold extracted therefrom ; and it would likewise seem that the report to the statft mineralogist should contain the same infor- nuttion. (Public Res. Code, 2267.)

Table Of Cases

(References are to sections)

A. C. M. Co. V. Court, 914. Acme Co., 20.

Oil Co. V. Williams, 838, 955, 963, 990, Actiesselskabet v. Central Ry., 418, 648. Adams, 1-CXCII, 472, 608. V. Briggs, 1165. V. Crawford. 616. V. Elkhorn Corp., 1000. V. Polglase„1092. V. Quijeda, 807. V. Simmons, 817.

V. Smith Co., l-III, 331, 713, 924, 1109. V. Yukon Co., 390, 522, 723. Adams Lode, 1063. Advance Oil Co., v. Hunt, 958. Aetna Co. v. Malone, 669. Aarard v. Scott. 485. Aggers. V. Shaffer, 831, 975. Ah Louis V. Harwood, 824. Ah Yew V. Choate, 1-XXXV, 8. Ainsa v. U. S.. 581, 1034. Ainsworth v. Lakin, 648.

Co. V. Bex, 55, 592, 707, 708. Ajax Co. V. Hilkey, 143. 542. 683, 929. /\kley V. Bassett. 385. 444. 1152. Alabama Co. v. Broadhead 1118.

V. Smith. 1-LXXVII. Alameda Co. v. Success Co., 1-LXI, 134.

394. 673, P83. 788. Alamitos Co. v. Shell Oil Co., 11. Alaska v. Cincinnati Co. 192. Co.. 36, 807, 819. V. Barbridge, 78, 191. V. Cincinnati -Alaska Co., 4 41. V. I..ake. 372. V. Standard Co.. 1137. Copper Co.. 809, 1075. -Dano Co.. 1 -Til. 498. 778, 1152. Fish Co., V. U. S., 193. Gold Co.. 1075.

Juneau Co. v. Ebner Co., 429. Mildred Co.. 809. 874. Smokeless Co. v. Lane. 296. United Co. v. Cincinnati Alaska Co., 1-XCII, 227. 943. 1061. Alberson v. Elk Creek Co., 2-VI, 642. Aiv>r*cht V. Albrecht. F;75. Aldebaran Co., 468, 1061. Aldridge v. Houston, 976. Alechoff V. Los Anereles Corp.. 391. 978. Alexander v. Sherman. 588. 749, 951. Alfertz V. Arrivillaea. 1130. Alford V. Barnum. 1 -CLI, 15, 938. V. Bradeen. 1171. V. Dennis. 965. V. Hesse, 27. Alfred T>hosphate Co. v. Duck River Co.,

Alsronouin Co. v. Northern Co. 882, 1146. Alice Claim, 523.

Lode, 236. 741, 1142. Placer. 362. V. Addie Stevens Lodes, 295. Allaire v. Ketcham. 1100. Allan v. Gnarantv Co., 954.

V. McKay, 1117. AlMrit v. N. P. R. Co.. 11, 187. Allegheny Oil Co. v. Snyder, 975. Allen v. Blanch Co., 371, 385, 422, 618. V. Colonial Co., 962. V. Dunlap, 1-XC, 3, 390, 399, 687.

v. Goodwin, 1-LXIV. V. Jones, 1155. v. Morris. 1155. V. Narver, 978. Ailing, 77.

Allyn V. Schultz, 568, 710. Alsop V. Riker, 376, 942. Alta Co. V. Benson Co., 390.

Mill Site, 814, 917. Altman v. Blewett, 415.

Altoona Co. v. Integral Co., 295, 326, 343, 346, 347, 387, 388a, 483, 488, 776, Alvarado Co. v. Warnock, 393. Alvorado v. Nordtholt, 914. Amador Median Co. v. South Spring Hill Co., 1-LVII, 53, 172, 558, 626, 674, 914, 919b.

Queen Co. v. DeWitt, 1-CVIII, 626, 627, 629. Amanda Co. v. Peoples Co., 417. Ambassador Pet. Co. v. Superior Court,

Ambergris Co. v. Day. 1-LXXXII, 7, 121,

130, 593. 780. Amchanitsky v. Sinnott, 297. American Bauxite Co. v. Saline County,

Foundries v. Tri-State Council, 1-CLXXVIII.

Co., 188, 286, 606, 722, 1088. V. DeWitt, 462. V. Indiana Co., 1176. V. Packer, 1129. Fork Co., 2-VI, 641, 838, 1031. Radium Co. v. Hipp Didisheim Co., 364.

School v. McNulty, 296. Smelting Co. v. Bunker Hill Co.,

Tank Co., v. Cont. & Com. Bank, Ames V. Ames. 1165.

V. Goldfield Co., 413. V. Sullivan, 478. „ „ obb Anaconda Co. v. Butte & B. Co., 401, 888. V. Court, 741. V. Heinze, 399, 677. V. Pilot-Butte Co.. 147, 149, 542, 674, Anchor v. Howe. 65, 241, 457.

Oil Co., V. Gray, 23. Anderson, 232. 236.

V. Anvil Co.. 512, 752.

V. Black, 763.

V. Blair, 900.

V. Caughey, 300, 472, 705. 741.

V. Cliff Co., 834.

V. Morse, 417.

V. Phegley, 1053.

V. Railway Co., 578.

V. Richardson, 581.

V. Robertson, 472.

V. Robinson. 206. 652.

V. Trotter, 1-CXXV, 99. 108, 227, 229.

258, 269. 373. 379. 943, 1096. V. U. S., 65. V. Wilder, 55, 985. Andrew v. Stuart. 58. V. Donnelly. 392. Andrews v. Bush, 900. V. Ladd, 822.

( 773 )

Table Of Cases

(References are to sections)

Andrus v. Knot, 191.

V. St Louis S. & R. Co., 1170. Angle V. Chicago Co., 668. Angus V. Craven, 359. Antediluvian Mill Site, 623, 940. Anthis V. Sullivan Co., 2-1. Anthony v. Jillson, 326, 343, 353, 687, 752. Antioch v. Williams Dist., 399. Anvil Co. V. Code. 1-XXXIX, 189, 389, 483. 490a. V. Scandia Syndicate, 614. Hydraulic Co. v. Code, 486. Anzar v. Miller, 345 385, 772b. Apex Co. V. Carbide. 631. Applebee v. Albany Co., 1-XXVL Apple Blossom v. Cora Lee 362. Arbuckle v. Reid, 382. Arbuckle Co., 93. Archer v. Greenville Co., 382. Ardizonne v. Archer, 1009. Argentine Co. v. Benedict, 447, 772, 904. V. Terrible Co., 149, 154, 173, 357, 527, 674, 787, 789, 1141; Appendix B, Form No. 45. Argillite Co.. 78, 258, 457. Argonaut Co. v. Kennedy Co., 1-CX. 674.

789. 1141. Argueldo v. Edinger, 414. Arizona Co. v. Bolman. 641, 1054. V. Gillespie, 82. 222, 399. V. Iron Cap Co., 143, 172, 382, 405, 552. 679.

Copper Co. v. Hammer, 1-CCIV. V. Copper Queen Co.. 16. Arkansas Sunk Lands, 78, 201. Armory v. Delamire, 559. Armstrong v. Federal Supply Co., 956. v. Lake Champlain Co., 11. V. Lower, 745.

V. Maryland Co., 1-CXIV, 1053. Arnold, 275.

V. Baker, 1 -XXXII. V. Bennett, 391. V. Garnett, 2 -XV. V. Goldfield Co.. 2-VI, 565, 641. V. Stevens, 1146. Arthur v. Coyne, 1157. Artwein v. Link, 1020. Ash v. Mickelson, 888.

Co., V. U. S., 15. Ashenfelter v. Williams, 889. Ash Grove Co. v. Chanute Co., 973. Aspen Co., 776, 1063.

v. Rucker, 382. 1165. v. Williams 511, 609. Lode. 468, 511. Associated Oil Co., 571. Atchison V. Peterson, 80, 399, 627d, 945,

948, 1098c. Atchley v. Varner, 749, 773. Atherton v. Fowler, 1-CLXXXVIII, 386a,

390, 391, 731, 791. Atkins V. Hendree, 387, 428. Atkinson v. Hudson, 1060a. Atlantic Co. v. Ropes Co., 952.

O. P. S. Co., 561. Atolia Co. V. Industrial Accident Comm..

1-LXXrV. 668. Attwood V. Frlcot, 388, 393, 709, 1100. Atty. Gert. v. Morgan. 1-CXXVIII. V. Salt Union, 11. V. Tomline. 11. V. Welsh Co., 11. Audo V. Western Co., 1189. Auerbach, 735.

Aurora Hill Co. v. Elghty-flve Co., 374, 476, 764, 921, 1101.

Lode V. Bulger Hill Placer, 188, 347, 607, 716, 792. Aurreochea v. Sinclair, 879. Austin. 88.

V. Tawmney, 1063.

Autem V. Mayer Co., 1133. Avery v. Wallace. 1012. Axiom Co. V. Little, 355.

v. White, 389, 428. 488. Aycock V. Paraffine Co., 2-XXIII. Aye V. Philadelphia Co.. 2-XXVIII. Ayre v. Hixson, 559. Ayres v. Polsdorfer, 292.

V. Watson. 229.

Babb V. Dowdy, 1033.

Babbitt, 468.

Baber v. Baber, 385.

Bache v. Central Co., 838.

Back V. Sierra Nevada Co., 447, 726.

Backer v. Penn. Co., 390. 990.

Bacon v. Federal Co., 249, 395.

v. Kearney Syndicate, 648.

V. Neill. 385, 1029. Badger v. Badger, 337.

V. Stockton Co., 371, 430, 501, 661, 1106, 1118, 1153. Baer v. Moran Bros., 78, 191. Bagley v. Republic Co., 1-CXXXIV. Bagnall v. Ry. Co.. 1144.

V. Broderick, 914. Bailey v. Bond, 1-CCIII.

V. Glover, 381.

V. Security Co.. 1057. Baillie v. Larson. 625, 627, 789, 1140. Bain v. White. 2-IX. Baird v. Atlas Oil Co., 996.

v. Superior Court, 360. Baker v. Berg, 326.

V. Butte City Co.. 688.

V. Clark, 880.

V. Miller, 415.

V. Mulrooney, 414. 978.

V. Pittsburg Co.. 1144.

V. Pugh, 699.

V. Traction, 370. Bakersfield Co.. 1-XLI. 606, 619, 736.

V. Kern County, 16, 1110. Bakke v. Latimer, 387, 486, 488, 659. Balderston v. Brady. 94. Baldwin Co. v. Quinn, 263, 941. Ball V. Dolan. 772.

V. Tolman, 1-CXII, 195. Ballard v. Golob. 444. 505, 1154. Ballinger v. U. S.. 296. Baltimore Co. v. Carnegie Co., 1-CLXX.

V. Jones. 1149. Baltimore Railroad Co. v. Portersburg,

Baltzell. 1-XXX, 779. Bandini Co. v. Court, 2-XVI.

V. Superior Court, 1042, 1045. Banfleld v. Crispen. 473, 594. Bank v. Fisher, 902.

V. Hagner, 414.

V. S. P. Co., 1114. of Italy V. Johnson. 296. Banner v. Meikle. 48. Barbour Co. v. Tompkins. 2-XXIII. Barden v. N. P. R. Co., 1-XCVI. 1-CL. 96,

102, 227, 263. 281, 285, 611. 929. Barker v. Campbell Ratcliff Co., 1145.

V. Condon, 393, 676. 789.

v. Harvey, 1-CXLIX.

V. Mintz, 321. Barklage v. Russell. 326. 453. 476. Barlow v. Security Bank, 14. Barnard v. Lloyd, 1137.

V. Russell, 694.

v. McKenzle. 823.

Co. V. Nolan, l-III. 152, 583, 607, 792, 916. Barnes, 11.

V. Bee, 16, 1037.

V. Esch, 390.

V. Sabron, 814.

V. Winona Oil Co.. 390. 1013.

Table Of Cases

(References are to sections)

Barnett v. Wells Fargo Bank, 385.

Barney v. Dolph, 296.

Barquin v. Hall Co., 955.

Barr Co. v. Perkins, 2 -XX, 824, 825.

Barrett v. Buchanan, 892, 897, 1005.

V. Crump, 1134. Barringer v. Davis, 229, 259. Bartels-Northern Oil Co. v. Kackman, 1039, Bartholomae Oil Co, v. Oregon Oil Co.,

2_XXIII. Barton Co. v. Cox, 393.

V. Simmons, 1134. Basey v. Gallagher, 80, 627d, 945, 1098c. Bash V. Cascade Co., 273, 471, 1088. Bashaw Co. v. Pinkham Co., 1053. Basin Co. v. White, 254, 434. Bateman v. Southern Oregon Co., 339. Bates V. Coronado Co., 901.

V. Guild Co., 261. BateseJ v. American Zinc Co., l-CXLI. Bath V. Valdez. 1155. Bathgate v. Irvine, 578. Batt V. Stedman. l-III, 233, 527, 595, 69.

759, 783, 1099. Battersley Co. v. New Hucknall Co., 324. Batterton v. Douglas Co., l-LVII, 447, 472,

731, 1087. Baum V. Longwell, 295. Baxter, 315.

V. King, 386b. Co. V. Patterson, 703. Bay V. Oklahoma Co., 1-CXXXIX, 2-XVIII, 20, 282, 315, 581, 583, 599. 1111, 1171. City Co. V. Craig, 191. State Co. V. Brown, 1-XXXI, 347, 732,

V. Trevillon. 815. Bayside Co. v. Dabney, 664, 840, 996. Beals v. Cone, 1-XLV, 131, 261, 289, 463, 468. 472, 592, 603, 652, 711, 747, 781. Beam v. Dugan, 954.

v. Duncan, 2 -XV, 2 -XVI. Bearcat Co. v. Grasselli Co., 839. Bear Lake Co. v. Garland, 83.

River Co. v. New York Co., 82. Beard v. Lancaster Midway Co., 1059. Beard, 226, 229, 231. Bearman v. Diix Co., 957. Beaubien v. Beaubien. 337 Beaudette v. N. P. Co., 103. Beaver County v. South Utah Smelters, 16.

Dam Co. v. Daniel, 1021, 1149. Bechtol V. Bechtol, 456, 947, 1130. Beck V. Finley. 385, 1029. Becker v. Becker, 1154. V. Long, 745. v. Pugh. 353, 601, 1112. V. Submarine Oil Co., 832, 955. Becker-Franz Co. v. Shannon, 478, 661,

1108. 1159. Beckett v. Backer, 11. Bedal v. St. Paul Co., 105. Beers v. Housatonic Co., 1-XL. Behle v. Shell Oil Pipe Line Corp., 399, 64 8, v. Kunde, 415. Behrends v. Goldstein, 18, 315. 445, 594. Beik V. Nickerson, 476, 555, 1063. Belcher Co. v. Defarrari, 421, 429, 588, 621,

Beley v. Naphtaly. 929.

Belk V. MeapTher, 1 -XXXVIII. 1-LXXXV, 1-CXV, 211, 326, 343, 382, 391, 429, 478, 521, 594, 650, 699, 730, 782, 793, 919a, 1099, 1101, 1112. Bell, 846.

V. Bed Rock Co., 305, 309, 428. V. Kilburn, 990. V. Skillicorn. 4. 236. V. Wilson, 1-CLIV. V. Wright. 890. Co. V. Price, 829. Belligerent Claims, 542, 674, 785.

Belligerent Co., 145.

Bellingham Bay Co., 336.

Bellport V. Harrison, 976.

Bender v. Lamb, 512, 525, 530, 691, 708, 752.

Benjamin v. S. & C. P. R. R. Cos., 1-C, 467.

Bennett, 7, 11.

v. Beadle, 829.

V. Harkrader. 4, 115, 352, 360, 444, 536, 618, 687, 693, 763; Appendix B. Form 49. V. Harkness, 345. V. Howard, 1-CXCIII, 835. V. Moll, 11. V. Moon, 415.

V, Twin Falls Co.. 1-CXCIX. Benson v. Brann, 1053.

Co. V. Alta Co., 1-LVII, 1-CLXIV, 72, 311, 39.0, 462, 471, 589, 754, 914, 1088, 1173. Bentley v. Brossard, 893.

V. Jenne, 942. Berentz v. Belmont Oil Co., 1-XCVI, 1-

Berg V. Saylor. 319. Berger v. Minneapolis Gaslight Co., 1017.

V. Superior Court, 403a. Berkey v. Berwind-White Co., 401. Berkovitz v. American River Co.,

1-CXXXVI. Bernard v. Nelson, 1100. Bernhard v. Wall, 340. Bernier v. Bernier, 1131. Berquist v. W. Virginia Co.. 15. 382. 434, 529, 582, 594, 690. 693, 699, 731. 1034. 1099. 1140, 1163. Berry v. C. P. R. R. Co., 611. V. Moulie. 415. v. Woodburn. 415, 889. Berton v. Coss, 955.

Bes.sho v. General Pet. Corp., 649, 984. 1171. Bessler v. Power River Co., 1-IX. Bethel v. Lynn, 559. Betsch v. Umphrey, 1-XI. 356, 387, 495, 616,

655. 745, 746, 1103. Bettes V. Brower, 392. Bettman v. Harness, 399. 843, 1030. Bevis V. Markland, 186, 366, 618, 802. Bewick V. Muir, 1-XXXL 1-CXII, 829. Biaggi V. Ramont, 424. Bibb. V. Nolan, 1033. Bice. V. Harold L. Arnold, 563. Bicknell v. Austin Co., 423. Biddy v. Bunch, 11. Biek V. Nickerson, 674. Bietenberg v. Higgins, 1161. Big Branch Co. v. Wrenchie. 1 -XXVII. Pine Mining Corp., 11, 715a. Sespe Oil Co. v. Cochran, 641. Six Co. V. Mitchell, 382, 399. Three Co. v. Hamilton, 307, 428, 472, 486, 488, 495. 618. 655, 734; Appen- dix B. Form No. 45. Vein Co. v. Repass, 1-CLXIII. Biglow V. Conradt. 522. 701, 731, 736, 781. V. Hillman. 391. Billings V. Aspen Co.. 500. Bingham Amalgamated Co. v. Ute Co.. 604.

Co. v. North Utah Co.. 636. V. Ute Co., 434, 472, 744, 781. Binkley v. Forkner, 565. Binswanger v. Henninger, 401. 1152. Birch, 102, 110. Birmingham Co. v. Boshell, 1122, 1146.

v. Doe, 914. Birnbach v. Wesson, 2-XXIIa. Bisbing, 88.

Bisbour v. Reeding, 908. Bishop V. Baisley, 387, 428, 472, 650, 752. V. Brown, 648. V. Gibbons, 266.* 297, 929. V. Henry, 1-C VI. V. Jordan, 16, 386a, V. Thompson, 1124.

Table Op Cases

(References are to sections)

Bismark Co. v. North Sunbeam Co., 4, 5,

495. 690. 737. BIssell V. Foss. 894, 1152, 1154, 1170. Bistline v. U. S.. 336.

Bittner v. West Virginia Co., l-CLXXVIII. Black V. Elkhorn Co., l-III, 306. 311. 429. 481. 589. 650, 715, 914. 1111, 1130, 1165, 1171.

V. Solano, l-III.

V. Solano County, 996, 1031a. Blackberry Co. v. Kentland Co., 1159. Blackburn v. McCoy, 1057.

V. Portland Co., 84. 289, 311, 343, 347, 349, 455, 1061, 1119. Blackledere v. Mcintosh, 581. P. I.,ode v. Excelsior Lode. 1108. Blackmore v. Boardman, 832.

V. Reilly, 47. Black Queen Lode v. Excelsior Lode. 788,

Blackwell v. Empire Co., 631.

Co. V. Whitesides, 991. Blair v. Brown, 231.

V. Brown-Stone Oil Co., 420.

V. Clear Creek Co., 1019. Blake v. Butte, 305a.

V. Cavins, 690, 764.

V. Everett, 840.

V. Thome. 588, 618. 710. Blakeney v. Womack. 1151. Blanchard v. Eureka Co., 641. Blanck v. Pioneer Co., 1-CLXXII, 2-XIII. Bliss V. Washoe Co., 399.

V. Waterbury, 427. Blodsett V. Columbia Co., 1019. Blood V. Marcuse. 425. Bloom V. RuFTh. 973. 998. Bluebird Co. v. Largey. 171. 618, 780.

V. Murray. 395, 558. 789. Blue Goose Co. v. Northern Light Co.,

Bly V. U. S. Fed. Cas., 72. Board of Supervisors, 267, 282, 592, 707.

715a. Board v. Mansfield. 51. 375, 925. Bockfinger v. Foster. 298. Bodcaw Co. v. Goode. 1000. 1115, 1147. Bodie Tunnel Co. v. Bechtel Co., 726. Boe V. Arnold. 326, 345, 1120. Boehme v. Fitzgerald, 900. 1161. Bogart V. Amanda Co., 581. Boggs V. Merced Co., 300, 311, 375, 428.

Boglino V. Giorgetta, 85. Bohall V. Dilla, 108. Boivard v. American Co.. 822. Bojorques v. Hein, 1-CLVI. Bolding v. Camp, 1153. BoUes Co. V. U. S., 72. Bolyard, 236, 444, 452. 457. Bonanza Co. v. Golden Head Co., 4, 521,

618, 690, 693. 759. Bond, 286.

V. California. 94.

V. Patrick, 1020.

▼. Walters, 379. Co. v. Blakeley, 2-VI.

V. Requirements, 216. Bone v. Walsh, 578.

T. Dwyer, 581. Bonesell v. McNider, 1 -XXXVI, 460. Bonner v. Melkle, 1-CXXIV, 121, 281, 384. 445, 657, 592, 618.

V, Rio Grande Co., 110. Book ▼. Justice Co., l-III, 1-XI, 1-LXIII, 1-XC, 1-LXXXII, 4, 11, 121, 168, 159. 163. 307, 312. 389. 472. 488. 495. 621. 591. 692, 655. 676. 687, 768, 773, 781. 1133. Boone v. Chiles 56.

V. Klnirsbury, 874. Borchert Y. Borchert, 669.

Borgwardt v. McKittrick Oil Co.. 1-XIII, 1-XLIII, 1-CLVII, 485, 614, 732, 745, 775, 1099, 1104. Bcscowitz v. Davis, 1157. Boston Acme Co., v. Saline Co.. 382. Co. V. Bartlett. 1053. v. Gokey. 292.

V. Montana Co., 1-CLXX, 295, 382, 583, 1158. Botsford V. Van Riper, 902. Boulenger v. Morison, 415, 907. Hour v. Illinois Co., 399. Bourdieu v. Pac. Western Oil Co., 386a. Bourdreaux v. Tuscon Co., 354. Bourn v. Kidd, 408a. Bourne v. Federal Co., 1-XLII, 173, 390,

546. 557, 784. Bowdre. 16. Bowen v. Aubrey. 411.

V. Hickey, 261. Bower v. Higbee, 985. Bowling Coal Co.. v. Ruffner. 649. Bowman v. Carroll. 907, 909. Bowmaster v. Carroll. 902, 1153. Bowne v. Wolcott, 921. Boyd V. Desrozier, 392. Koyle V. Pure Oil Co.. 1021, 1149. Bradbury v. Davis, 586. Bradford v. Arm i jo, 1152. V. Blair, 1019. v. Manufacturing Co., 648. V. Morrison, 1-CLV, 147, 382, 411. 430. 589. 679, 788, 914. 1105, 1165. Co. V. Joost, 1137. Oil Co., V. Blake, 989. Bradstreet v. Rehra. 44 8. Brady. 115.

V. Fall, 261. V. Husby, 3, 687, 693. V. Smith, 7. Brady's Mortgagee v. Harris, 586. Brainard v. Cohen, 559. Bramer v. Bramer, 1006. Bramlett v. Flick. 1-CXXXIII, 693, 766.

Branagan v. Dulaney, l-III. 150, 363, 627c,

740, 788. 789. 915, 1063, 1110. Brandenburg v. Miley Pet. Co.. 573. Brandon v. Ard. 267, 336, 942. Brandt v. McKeever, 195. Braselton v. Vokal, 414, 1053, Brash v. White. 749. Bree v. Wheeler. 1-CLV. Breece Co.. 605. 720. 781. 787.

Brennan Co. v. Cumberland. 1012. 1021,

Brethour v. Clark, 486, 490. 495. 592, 767. Brew V. Cochran. 899,

Brewster v. Lanyon Zinc Co., 962, 975, v. Shoemaker, 557, 592, 760. Breyfogle v. Tighe, 2-VI. 641, 751. Brickell v. Atlas Co., 1053.

Brick Pomeroy Mill Site, 1-VI, 729. 807,

Bridges v. Canyon Co.. 463. Brien v. Moffltt. 312, 358. 927. Brier Hill Co.. v. Gernt. 581. Brigham City v. Rich. 939. Bright v. Elkhorn Co., 280, 449, 464, 467.

Briston v. Christine Co., 955. Brittania Co. v. U. S. Co.. 2-VI. Broad Ax Lode. 278. Broadway v. Stone, 1014, 1159. Brockbank v. Albion Co., 1-VII, 4, 529,

Broder v. Natoma, 305a.

V. Water Co., 80. 626, 628. Broderick's Will, 1165. Brodie Co., 807. Bronson v. Jones. 688.

Table Op Cases

(References are to sections)

Brooke v. Garrod, 1053.

Brookshire Oil Co. v. Casmalia Co., 843,

954, 970. 1116. Broom v. Lantz, 229. Broome v. Lantz, 930, 943. Brophy v. O'Hare, 1-XXXV. 8, 45, 618. Broughton v. Exchange Bank, 293.

V. Midland Co., 648. Brown v. Almasie, 261.

V. Bachelder, 1114, 1115. V. Baker, 86. V. Bond, 457, 468. V. Bowman, 907. V. Challis. 405. 1165. V. Collins, 648. V. Covillaud, 831, 1053. V, Fowler, 2-1, 1041. V. Gurney, l-III, 188, 347, 430, 471, 476, 594, 605, 740, 747, 921, 1087. V. Hitchcock, 298. V. Klein, 1123. V. Levan, 4 V. Lockhart, 1130.

V. Luddy, 1-L.XXXV, 10. 52. 56, 99, 108, 372, 373, 408a, 558, 591-, 594, 680, 729, 789. 919a, 919b, 10981, 1113. V. Oregon King Co., 707. 735. V. Savings Union. 978. 1053. V. Spilman. 2-XII, 966. V. Wasaff, 902. V. Wellington. 604. V. Yarrahan Co., 230, 526. Brownfield v. Bier, 594, 793, 1070. Browning v. de Frees. 385. Brugger v. le Yim, l-LIII, 170, 177, 681. Brundy v. Mayfield, 371, 444, 500, 657,

Brunson v. Carter Oil Co., 16, 417, 958. Brunswick v. Winters, 897. Brush V. Bohan Co., 749, 751. Bryan v. McCaig, 364. 484. 781. Bryson v. Crown Point Co.. 830.

V. Mid Kansas Co.. 992. Bubb V. Parker Co.. 2-VII. JJnchler V. Black. 385.

Buchner v. Malloy, 1-LXXXV, 382, 40Sa. Buchser v. Buchser. 1131. Buckeye Co. v. Carlson, 1-LXXXVITI.

V. Powers, 1-CIV. 309, 387, 428, 484. 521, 659. 689. 733, 745. Buckley v. Fox. 347, 387, 776. Buckmaster v. Bertram, 415. Buena Vista Co. v. Honolulu Co., 96, 610.

V. Tulare Co., 96. Buffalo Valley Co. v. Jones, 966.

Zinc Co. V. Crump, 11, 135, 343, 428. 651, 706, 731. Buford V. Florin Fruit Growers' Assoc, 425. Buhne v. Chism, 96. Bulette V. Dodcre. 1-TH. 732. 1105. Bullard v. Kempff, 399. Bulli Co. V. Osborne, 402. Bullion Beck Co. v. Eureka Co.. 1-XCVI 128, 153, 399, 546, 618, 674. 788. Co. V. Croesus Co., 128, 157, 1139 Bullock V. Rouse. 226. Bully Hill Co. v. Bruson, 626, 627c. Bnlwer Co. v. Standard Co., 3S2, 684 ; Ap- pendix B, Form No. 45. Bunker Hill Co. v. Empire State Co., 133 149, 156, 181. 440. 523. 674. 685b 693. 711, 735. 1081, 1140, 1142. V. Pascoe, 423. V. Polak, 222, 399, 631, 648. V. Shoshone Co.. l-III, 225, 247, 355

466, 605, 674. 781, 1001. 1140. V. U. S.. 54. 282. Bunte, 286, 618.

Burdick v. Dillon, 1-CVIII, 1-CLIV. Burfenning v. Chicago Co., 1-XXIX, 9, 103

261, 373, 925. Burgan v. Lyell. 893.

V. South Penn. Co., 830, 989.

Burgess, 1-CLXIV. Burgner v. Humphrey, 967. Burke v. McDonald, 1-XXXVIII, 129, 310, 347, 382, 591, 592, 605, 719, 781. 783. V. North, 16, 1000. V. Providence Co., 776. V. S. P. n. Co., 1-XCVI, 2-XX, 11, 95, 96, 227, 261, 285, 289, 320, 336, 339. 372, 374, 447, Oil, 747, 914, 1066, Burkeit v. Commissioner, 954. Burlingame v. Traeger, 379. Burnham v. Freeman. 1-CLV.

Co. V. U. S. Borax Co., 11. Burns v. Clark, 1-LXIII, 807, 1075. V. New York, 832.

V. Schoenneld, 1-I,XIII, 807, 811. 1075. V. White Swan Co., 411. Burnside v. O'Connor, 453. Burroughs v. Petroleum Dev. Co., 1015,

Burt V. Deorsam. 969.

V. Merchants' Co., 628, V. Panjaud. 391. V. Rocky Mt. Co., 322. Burtis V. Kansas, 731. Burton v. U. S., 779. Bush. 922.

V. Pioneer Co., 399. Bushnell v. Crooke Co., 289, 349, 360. Buskirk v. Kin?:. 399. Butler v. Good Enough Co., 301, 705. V. Hinckley, 888. V. McGorrisk, 830. V. Union Trust Co., 899, 902. Butte & B. Co. V. Montana Co., 1158. V. Sloan. 607. 793. V. Societe. 166, 554. V. Clark-Montana Co., l-LVII. 149. 281, 342, 394, 432, 558, 583, 600, 655, 682, 684, G8S. 742, 748, 759, 764. 780, 915, 939, 1106. V. Minerals Sep. Co., 1-CXXVI. V. Baker, 1-TII, 5, 83, 300, 306, 342, 346, .21, 601. 687, 758, 780, 1112. Citv Sm.oke House Lode Cases 1-LXXXV, 447, 914. City Water Co. v. Baker, 114, 535. Co. v. Barker, 1-CXIX, 151, 557, 699,

V. Coisban, 371, 444, 447, 1154.

V. Frank, l-III. 332. 392, 411, 431, 447, 627d, 826, 914, 1110.

V. Merriam, 347.

V. Radmilovich, l-III, 602, 689, 759.

V. Societe, 676. Oil Co., 2-XVIII, 592. Butts V. Sauve, 347. 360. Buttz V. N. P. R. Co., 20. Buxton V. Lister, 415. Byrne v. Knight, 907. Byrnes v. Donerla.ss. 423. 631.

V. Missouri Bank, 413. Byron v. U. S., 470.

V. Utah Co., 1-XCVIII.

Jackson Works v. Hoge, 565.

Cable Co. v. Brahenberg, 1-LXI.

Cache Creek Co. v. Brahenberg, 387, 428,

Caddo Co. v. Producers' Co., 957.

v. Sabine Valley Co., 586. Caerle v. Dunham. 62. Caha V. U. S., 261. Cahill V. Eastman, 648.

V. Superior Court. 385. Cahoon v. Bayard, 882. Cain V. Addenda Co., 344, 449, 462, 474.

Cairns v. Haddock, 883. Cake V. Mohun, 413.

Table Op Cases

(References are to sections)

Caledonia Co. v. Fletcher, 382. Caledonian Co. v. Noonan, 315. V. Rocky Cliff Co., 882. V. Rowen, 53. Caley v. Coggswell, 888.

V. Portland Co., 834.

Calfln, H. B., Co. v. Gross, 902.

Calhoun Co. v. AJax Co., 147, 550, 593, 618,

625, 673, 715. 788, 915, 929, 1095.

10981, 1105, 1140.

California v. Deseret Co., 96.

Co. V. California Co.. 2-IV. Eclipse Co. V. Spring, 915. Oil Co. V. Miller, 382. -Oregon Co., 81, 87. Press Co. v. Stafford Co., 1020. Callaghan v. James, 490, 660. Callahan v. Danziger, 888, 1005. 1153. V. James, 1-XCVI, 45, 311. V. Martin, 2-XXV. 11, 954, 976, 982 ; Appendix B, Form 26. Callender v. Crossfield, 1059. Calumet Co. v. Phillips, 749. CaUert v. Bradley, 840. Cameron, 261, 1079. Lode, 919.

V. Bass, 1-C. 31, 261, 296, 345, 353. 469. 914, 923, 1088, 1092. V. U. S., 1-LVII, 1-C, 27, 28, 33, 35. 48. 96. 125, 261, 269, 285, 289, 361, 367, 447, 469, 511, 597, 709, 783, 914, 1092, 1109. V. Weedin, 111. Campbell v. Bear River Co., 648. V. Ellet. 557. 608. 725. 1140. V. Farmers Co., 295. V. Fetty, 416. V. Flying Co., 96. V. Golden Cycle Co., 618. V. Goldfield Co.. 772c. 1105. V. Lynch. 2-XXIX, 832. 973. V. Mclntyre, 1-VII, 188, 349, 521, 600,

734, 793, 1100. V. Roddy, 565. V. Smith, 902, 954. V. West, 388a. Cannon v. Handley, 1057, 1060a. Cansey v. U. S., 386. Cape May Co. v. Wallace, 188, 796. Caperton v. Schmidt, 382. Capital No. 5 Claim, 326, 343, 1119. Caples V. Steel, 1127. Capricorn Placer, 1076. Capron v. Van Horn. 336. 376. Carbon Black Co. v. Ferrell, 984.

L. Co., 386. Cardelli v. Comstock Co.. 114. 399. Cardoner v. Day, 896.

V. Stanley Co.. 236. 522. 690. 719. Caribou Lode. 713. Carlin v. Cassrial. 56,

V. Freeman. 4, 699, 700. Carlisle v. Lady, 992. Carnegie Co. v. Swiger. 91. Carney v. Arizona Co.. 189. 368. 452. 472. Carolina Co.. 578. Carpentler v. Mitchell. 1155. Carper v. United Co., 962, Carr. 204, 721.

V. Duval, 416. V. Hilton, 337. V. Kingsbury. 78. 874. Carrey v. Secesh Co., 474. Carroll Cross Co. v. Abrams Creek Co..

Carron v. Curtis, 53.

CartM>n v, Hayes. 79, 222. 313. 399. 632, V, Walker. 902.

City Co. V. North Star Co.. l-CX. 163, 173. 307. 372. 388. 544, 674. 676. 716. 780, 914. 918. 1140. Carter Co. v. Popp. 986.

Carter v. Bacigalupi. 3. 521. 582. 687, 693 ; Appendix B. Form No. 30. V. Phillips. 1-XCVI. 2-XX. V. Ruddy. 96. V. Thompson. 51. 339. 375. 613. 926.

Oil Co. V. Tiffin. 958. V. Pacific Wyoming Oil Co.. 1021. Caruthers v. Leonard. 844. Gary v. McCarthy. 883. Cascaden v. Bartolis. 165. 591. 781. 927. V. Dunbar. 581. 749, 778. 907. 910. 912. 1133. 1171; Appendix B. Form V. O'Connor. 904. V. Wimbish. 823. Casey v. Thieviee, 49, 152, 374, 591, 793.

V. Vassor, 285. Cassel, 389. 491. Ca.ssell V. Crothers. 2-1. 986. Cassidy v. Silver King Co.. l-III. 1130. Castlebrook Co. v. Ferrell. 973. Castle V. Kapena, 296. v. Mason. 1039.

V. Womble. 11. 184. 372. 468. 591. 598. 783. Castro V. Berry. 382. Cataract. 201.

Co., 591. 594. 598. Catlin Co. v. Lloyd, 1118, 1146. Catron v. Lewisohn. 448. v. Old. 543.

V. South Butte Co.. 321. 583. 967. 1033. 1143 ; Appendix B. Form No. 30. Caudi v. Wagoner. 985. Caughlin v. Campbell Co.. 648. Caulk V, Miller. 2-XV. 1033. Cavanaugh v. Corbin Co.. 1-LXXIX. Cave V. Crafts, 1-CXCI.

v.- Tyler. 80. Cecil v. Clark. 1161,

V, Gray. 586. Cedar Canyon Co. v. Yarwood. 764. 1152. Centerville Co.. 1-XLIII. 65. Central v. State, 16.

Co. v. Jersey City. 385. 1029. V. Penny, .S90. Eureka Co. v. East Central Eureka Co.. 311. 392, 544, 583, 674, 681, 685b, 789.

Oregon Co. v. Public Service Com.,

Tr. Co. V. Sheffield Co., 823. Chamberlain. 60. 261.

Chambers v. Harrington. 1 -XXXIII. 1- LXIII. 289. 300. 312. 389. 430. 472. 486. 488. 603. V. Jones, 914. V. Lowry, 833. V. Perrine, 971. Champion Co. v. Champion Mines. 831. 978, 1053. 1060a. V. Con, Wyoming Co.. 149. 445. 627d.

684. 932 : Appendix B. Form 50. V. Peyer. 483. 484. Chandler v. Calumet & Hecla Mining Co.. 9ff. 285. V. French. 1-CXIV. 962. V. Hart, 407, 840, 954. v. Holllngs worth. 415. Chaney v. Ohio Co.. 986. Chanslor-Canfield Co. v. U. S.. 1-XLIII.

326. 343. 619. 724. 985. Chapman Co. v. St. Francis District. 201. v. Cooney. 1-CC. V. Ellis. 2-IV. V, Mill Creek Co., 1-CLXV. V. Pollock, 226. V. Sunshine Oil Co.. 966. V, Toy Ivong. 687. 914. Chappius V. Blankman. 823, Charleston Co. v. U, S.. 872. Charlton v. Kelly. 203. 3 45, 521. 694, 618,

758 : Appendix B. Form No. 46. Charnock v. Texas Co.. 1149. Chase v. Savaflre Co., 1162.

Table Of Cases

(References are to sections)

Chaver v. Fenech, 401. Cheeseman v. Hale, 82.

Cheesraan v. Hart. 225. 551, 558. 592, 618. 707, 715a, 19b ; Appendix B. Form No. 45. V. Shreeve, 1-XIX, 133. 390. 554, 559. 603. 618,-676, 681. 689. 699, 735; Appendix B. Form No. 45. Cherokee v. Hitchcock, 116. Chesapeake Co. v. U. S., 336. Chesley v. King. 970. Chester P. Pyle & Co. v. Fossler. 1173. Chew V. First Church, 399. Chicago Co. v. Callicotte. 338. V. Ferrell, 400. V. Gilmore. l-LXI. V. Lawton Co.. 1046. V. Parsons. 398. V. P. R. Co.. 1-CLXXVin. Placer, 232.

Railway Co. v. Merchants' Bank. Chicagoff Co., 358, 484, 631, 728a, 1080. ChichagofE Co. v. Alaska Handy Co., 346,

348, 441, 479, 650. 757, 1103. Chilberg v. Con. Co., 188, 373, 788. 925. Childers v. Laham. 357, 707. 768. 1117. V. Neely, 413. 893. 897. 908. V. Tobin. 1020. Childs. 238.

V. Missouri Ry. Co., 382. Chilton V. 85 Co., 349. Chino Co. v. Hamaker, 108, 372, 375, 926,

ni3, 1114. Chisholm v. Creek Co.. 985. V. Eagle Co., l-XVIH. Chism V. Price, 1-CXXIV. Chittenden, 650. Chormicle v. Hiller. 58. Chowchilla Bank v. Nilmeier. 420. Chrast v. O'Connor, 387. Chrisman v. Miller. 1-XXII. 1-XXIX. 8. 33. 189. 281, 384. 591, 598, 615. 783. Christian v. Eugene, 425. Christie v. Great Northern Co., 262. 338.

Chung Kee v. Davidson. 888. 953. Churchill Co. v. Beal. 229. Church V. Smithea. 823. Cincinnati Co. v. Simpson. 1143. Cisna v. Mallory. 889. 907, 913. 913a. Citizen's Co. v. Armer, 1033. City and County. 39. City V. Sarber. 398. V. Whittaker, 17. of Erie v. Public Service Com.. 2-XII. of Los Angeles v. Aitken, 202. V. Duncan, 3. V. Vickers, 575. of Oakland v. Adams, 398. of St. Louis V. Mentz, 575. of San Diego v. Cuyamaca Co., 428. of Turlock V. Bristow, 409. Store V. San Jose Co.. 399. "Water Co. v. Fergus Falls. 648. Clack v. Brethour. 745. Clark, 44, 45, 48, 49, 50, 592, 600, 614. v. Aiken, 415. V. American &c. Co., 1053. V. Barnard, 1120. V. Buffalo Hump Co., 572. V. Cooper, 966, 1015. V. Dennis, 844. V. Duval, 1-CI. V. Ervin, l-CLIV. V. Fitzgerald, 552, 555. V. Holcomb, 612. V. Jones, 44, 48, 261, 378, 612. V. Mitchell, 509, 550, 655, 693, 694

706, 741, 777, 907, 1154. V. Nash, 1-CVin, 625, 629. and Ohio Oil Co., 1-CXXIV. V. Roller, 405. V. Rosario Co., 415. V. Wall, 392, 879.

Clark-Montana Co., 149.

V. Butte & Boston Co., 581. V. Butte & S. Co., 1-LXXXVII, 147, 300, 306, 394, 401, 443, 542, 679. 683. 689, 914, 1096. V. Ferguson, 152, 366, 607, 715, 792, 916, 1070. Clarno v. Grayson, 416, 665, 1053. Clary v. Hazlitt, 795, 940, 1175. Clason V. Hatko, 300, 306, 521, 687, 734.

Clavey v. Loney, 338, 1155. Clearwater Co. v. San Garde, 3. Cleary v. Skiffich, 46. 301, 326, 445, 594,

729, 793, 807, 811, 917, 1075. Clements v. Gates, 984a. Clemmons v. Gillette, 90, 610. Clendenin v. White, 883. Cleveland v. Eureka Co., 449, 453.

V. Johnson, 317. Clift V. Clift. 947. Clinchfield Corp. v. Compton, 647. Cline V. Hall, 1-LV, 1053. Clinton Co. v. Bradford, 1-XCI. Clipper Co. v. Eli Co., l-LXI, 1-LXXXV. 31, 186, 261, 295, 347, 382. 391, 469. 511, 553, 594, 606. 607, 674, G85b 713, 714, 734, 780, 792. 798, 914, 923, 1070. 1099, 1100, 1140, 1175. V. Searl, 366. Cloninger V. Finlaison, 3, 115, 521, 688. 778. Close V. Samm, 398. Clover V. Jackson, 573. Clutter V. Wisconsin Oil Co., 990. Clyde V. Cummings, 88. Coal Corp. v. Davis. 1-LXXVII. Coalinga Co.. l-LXIH, 1067. V. Associated Oil Co., 976. Oil Co., 459. Cobban Co. v. Donlan, 1037. Cochran v. Gulf Ref. Co., 840, lOOG.

V. O'Keefe, 585. Coeur D'AIene Co., 85, 807, 811, 1075. Coever v. Crescent Co.. 844. Coffee V. Emigh. l-III. Coffindaffer v. Hope Co., 967. Cohn V. San Pedro Co., 428.

V. Valentine, Appendix B, Form 5. Cole V. Logan. 574, 575. V. Markley. 228.

V. Ralph, 10. 149, 186, 188, 312. 326. 343, 346. 347, 371a, 382, 431, 537 591, 598, 674, 689, 715, 715a, 731. 768, 769, 783, 792, 907, 1061, 1099, 1101, 1130. V. Signal Knob Co., 322, 967. V. Washington, 96, 285. Coleman v. Chadwick, 2-XXVII, 967, 114.. V. Clements, 428. V. Curtis, 307, 493, 495. V. Homestake Co., 444, 1154. V. McKenzie, 496, 914, 1084. Coleman's Appeal, 1159. Coley V. Williams, 116. Collett, 1051. Collier v. Bartlett, 1030. Collins V. Bailey. 393, 554, 684, 1139. V. Bubb. 1-CXXIV, 20, 311, 315. V. Eksoozian, 417. V. McKay, 582, 1034. V. Mt. Pleasant Co., 1031. V. Ramish, 363. Colorado Co. v. Croman, 542. V. Stearns Co., 823.

Central Co. v. Turck, 172, 360, 558, 674, 914, 919b. Coal Co., 10. V. U. S., 1-XLVIIL 53, 165. 184, 338. 380, 609, 924, 1098a, 1098h. Col ton V. Seavey, 581.

Columbia Co. v. Duchess Co., 140, 592, 706, V. Hampton, 78.

Table Op Cases

(References are to sections)

Columbus Co, v. Freeland, 1021.

V. Knox Co., 1010. Commercial Bank v. Weldon, 911.

Sec. V. Archer, 385. Commonwealth v. Clearview Co., 323. V. Trent, 1942.

Co. V. Smith, 77. Compton V. Peoples Co., 1002. Com. Solvent Co. v. Mellon, 296. Con. Arizona Co. v. Hinchman, 2-XXI. Channel Co., l-CVIII. Channel Co. v. C. P. R. Co., 629. Coal Co. V. Baker, 16, 1037, 1148. V. Yonts, 2-XXVn, 587, 1118. Divide Co. v. Bliley, 895. Kansas Co. v. Gonzales, 1-CL.XXII. Mutual Oil Co., 1-XXII, 2-XVII, 187, 307, 389, 431, 486, 583, 592, 600, 698, 716, 780, 1101, 1116. Ores Co., 1-XXVIII, 1-XCIV. 11. Republican Co. v. Lebanon Co., 1112. Textile Corp. v. Dickey, 292. Wyoming Co. v. Champion Co., 138, 163, 393. 445, 555, 674, 676, 718, 789, 932, 1140. Conant v. Smith, 1165. Conaway v. Twogood, 627a. Conde v. Sweeney, 1-LX, 2-VI, 641. Condon v. Mammoth Co., 275, 1081. Congdon v. Olds, 888, 890, 897. Conkling Co. v. Silver King Co., 262, 374,

440. 674 675, 938. Conlan v. Roemer, 1-LXI. Conlin v. Kelly, 11, 186.

V. San Francisco, 388a. Conn V. Oberto, 1-CXCIV, 406, 430, 583. Conner v. Garrett, 830, 881. Connolley v. Power, 900. Connolly v. Davidson, 2-XIII. V. Hughes, 368. V. Lake County Co., 416. Connor v. U. S., 338. Conrad v. Hawk. 997. v. Moorhead, 963. V. Saginaw Co., 641, 644, 840. Consolidated Co. v. Bosworth, 823. V. U. S., 652. Oil. Co. V. U. S., 490a. Reservoir Co. v. Scarborough, 403a. Consumer's Co. v. Harless, 91, 1040.

V. Littler, 966. Continental Co. v. Graham, 954. v. Texas Co., 954, 1152. Oil Co. v. Osage Oil Co., 2-1, 986. Contra Costa Co. v. Oakland. 1-LXIX. Contreras v. Merck, 1-LXXXI, 352, 387

428, 660. Contzen, 1-XXX. Conway, 1174.

V. Hart, 1-Vn, 345, 346, 522, 687. Cook v. Johnson, 1-CLX, 48, X89, 593, 734 V. Klonos, l-III, 600, 687, 705, 722, 775, 782, 879, 918. Cooke v. Gulf Co., 954. 1041. Coolbaugh v. Lehigh Co., 880. Coombs V. Breen Hill, 825. Cooper v. Qasteiger, 2-XVII. V. Pena, 418. V. Roberts, 610. V. Wilder, 1130. Cooperative Co. v. Law. 650, 749. Coosaw Co. V. Carolina, 195. Copeland v. Fairview Co.. 585. Copper Belt Co., 1-C, 11.

Co. V. Butte &. Corbin Co., 486, 488, V. Kidder, 428. 669, 762. V. McClelian. 907.

Copper Bullion Claim, 1084.

Glance Lode, 256, 483, 486. Globe Co. V. Allman, 4, 307, 388, 593, 688, 720, 780, 1101. King Co. V. Wabash Co., 400. Queen Co. v. Stratton, 5, 428, 694, 736, 745.

River P. Co. v. Alaska S. S. Co., Corbett, 347, 361, 367, 446, 447, 452, 453, 457, 458. V. Riddle, 561. Core V. New York Co., 840. Cornelius v. Kessel, 263, 296, 468. Cornell Lode. 26 4. V. Green, 694. Corning v. Pell, 350, 390, 726.

Tunnel Co., 448. Correa v. Barbour, Forest Supervisor, 386a. Correction Lode, 148. 553, 679, 731. Corrine Co. v. Johnson. 929. CortelyoiJ v. Baker, 641. V. Barnsdall, 1053. Coryell v. Cain, 1100. Cosden Co. v. Moss. 2-XXVIII. Cosmopolitan Co. v. Foote, 138, 542, 545.

675, 787, 932. Cosmos Co. V. Gray Eagle Co.. 1-CXXX- VIII. 33, 116. 227. 261, 289, 297, 311. 388a, 412, 413, 467, 760, 791, 939, Costello V. Cunningham, 401, 1111, 1152. V. Mulheim. 1106, 1146. V. Scott, 890. Cotner v. Munday, 966. Cotting v. Kansas City Stockyards. 291. Cotton V. Onderdonk. 390. Cottrell V. Chicago Co., 630. Couch v. Armory, 1118. County Ditch, 7 8.

of Kern, v. Lee, 300. 309, 687. Placer v. Lke Tahoe Co., 641, 751. Sutter V. Nichols, 79. Ventura v. Barry, 954. Yolo V. Nolan, 3.

Yuba V. North American Co., 346. Courchaine v. Bullion Co.. 391. Courtney v. Ward. 705. 763. Courtrierht v. Wi.?consin Central R. R. Co.,

96. 263. 285. Cowell V. Lammers, 1-XXIX, 172, 928,

1098a. Cowgill V. Little Persimmon Co., 644. Cowles V. Huff, 15.

Co. V. Lowney. 1-LVI. Cox V. Hart. 229. 1116. Coyle V. Kierski. 416. C. P. Co. V. Habishaw. 103. C. P. R. Co.. l-LH, 11, 227. V. Mullin. 110. 606. V. Valentine. 104, 611. Crabtree v. Houghton, 578. Crafts, 88.

Cragie v. Roberts, 262. 338, 447. 927. Cragin v. Powell, 1-CXXV. 229. 261, 373,

Craig Co..' 641. Craig V. Cosgrove, 956. 990. V. Leitensdorfer, 261, 289. V. Thompson. 3. 711. 956. 1020. V. White. 1-LV. 581 ; Appendix B. Form No. 27. Grain v. Pure Oil Co., 11.

V. West. 954. Cramer v. U. S.. 1-LXXVIII, 337, 381, 026. Crandall v. Woods, 80. Crane v. Salmon, 586.

v. WInsor, 82. Crane Falls Co. v. Snake, 83. Cranes Gulch Co. v. Scherrer, 1-LVII. 188.

311. 476, 754. 798. 936, 1088. Crary v. Dye, 428. 657. Craucer v. Lareau, 416. Cravens v. Degner, 706.

Table Of Cases

(References are to sections)

Craw V. Wilson, 908. Crawford, 96, 285. Creciat. 96, 263. Crtdo Co. V. Highland Co., 3. Creede Co. v. Cripple Creek Co., 1173. V. Hawman, l-CLXXVII. V. Uinta Co., l-LVII. 85, 300, 311, 346,

374. 390, 441, 452, 462, 592. 684, 705,

715. 780. 915, 939, 1112, 1140. Crescent Co. v. Silver King Co., 399.

V. Simp.son. 392. Cresswell v. Dixie Co., 1016. Cretor's Co. v. McMillan. 561. Cripple Creek Co. v. Mt. Rosa Co., 152, 607,

Crismon v. Christman, 11, 1100. Crocker v. Manley, 140, 1127. Crockford v. Mallory, 454. Croesus Co. v. Colorado Co., 527. Crom V. Frahm, 77. Cronin v. Bear Creek Co., 1-CXLIII, 352,

Cropsey v. Sun Ass'n. 290. Crosby Claims, 460, 1067.

Lodes, 1078. Crosier v. McLaughlin, 406. Crossman v. Pendery, 600, 760, 782. Crothers v. Mills, 1-CII. Crowder v. Doe, 1-IX.

V. McDonald, 1152. Crowe Co. v. Atkinson, 1118. Crowley, 31, 36, 807. Crown Point Co. v. Buck, 462, 740. 1091,

V. Crismon. 429, 478, 532, 651, 781. Crowther v. Fidelity Co., 828. Cruse V. McCauley, 626. Crystal Co. v. Gaido, 888.

Marble Co. v. Dantice, 188. 606. Cudahy P. Co. v. Parramore, 1-CCIV. Cuenin v. Chloride Co., 347, 453. Culbertson v. lola Co., 395. Cullacott V. Cash Co., 236, 536. Cullen V. Sprigg, 900. Cuneo V. Lawson, 353. Cunningham, 78, 874.

V. Pirrung, 309, 388, 428, 512, 704, 745,

752, 759. Curlee v. Anderson, 954. Currency Co. v. Bentley, 360. Curry v. Texas Co., 976, 993. Curtis V. Metcalf, 336. V. U. S., 65. 380. V. Upton, 259. Curtner v. U. S., 96. Cushing V. Levi, 415, 1053. Cushman v. Cloverland, 1-IV. Cutting V. Reininhausen, 618. C. W. Raymond Co. v. Ball, 565. Cyprus Mill Site, 809, 1069.

Dabney v. Edwards, 954.

-Johnson Co. v. Walden, 1151a. Daggett v. Yreka Co., 1-LXXXIX. 3, 167, 304, 309, 390, 393, 527, 542, 676, 684, 685b, 687, 703, 730, 787, 914. Dahl V. Raunheim, l-III, 152, 190, 443, 511,

607, 776, 781. 793. Dailey Clay Co., 11, 15, 891. Dall V. Confidence Co., 382, 405, 1165. Dalliba v. Riggs. 413.

Dalton v. Clark, 326, 345, 521, 591, 811, 812. V. Keers, 1172a. V. Moore, 647. Dalzell V. Deuber Mfg. Co., 415. Daman v. Hunt, 428. Dand v. Kingscote. 321. Dangerfield v. Caldwell, 405, 1024, 1165. Daniels v. Charles. 1007. V. Johnson. 108.

V. Portland Co., 1-LXXIV, 289, 671. V. Wagner, 96. 261, 262. 267.

Danks v. Gordon. 289. Danley v. Merced Dist.. 575. Daphne Lode, 188. 607. 715. 792. Darby v. Shoop, 1-CXX. Darcey v. Bayne, 1157. Darger v. Le Sieur, 3, 705. Dark v. Johnston. 882. Darvill v. Roper, 1-XCVI, 1-CLIV. 7. Dauoh V. Ginsburg, 565, 641. Daughetee v. Ohio Co., 2-XV, 95a, 1019. David, 437.

Davidson v. Bordeaux, 307, 49 5, 591, 59? V. Calkins. 295, 382. 384. V. Elisa Co. 462.

v. Fra.ser, 347, 371, 422, 447. 1156. V. Syke.s, 399. Davies v. Mt. Gaines Co., 574a. Davila v. United Co., 415. Davis, 76.

v. Alford, 823.

v. Corona Co., 336.

V. Crump, 295, 387.

V. Dennis, 430, 568, 773.

v. Fell, l-LVII, 921.

v. Gibson, 219.

V. McDonald, 347, 452.

v. Patrick, 889.

V. Riddle, 957. 1053.

V. Shepherd, 172, 234, 523, 593, 720,

929, 1118. V. Texas Co., 979. V. Treharne, 321.

V. Weibbold, l-III, 44, 121, 172, 316, 374, 378, 598, 783, 914. Davitt V. American Bakers' Union, 386a,

Dawson, I'-CXCIII, 472, 918. Day, 1-XXIX, 11, 261, 320. Dayton v. Seawell. 630. Dean v. Lusk Co., 56, 317.

V. Omaha-Wyoming Co., 2-XIV, 353,

347, 599, 699. v. Thwaite, 599. DeArman v. Oglesby, 1012. Debney v. lies, 473, 593, 656 762, 781. De Cambra v. Rogers, 261. Decatur v. Paulding, 296.

v. Tompkins Co., 1-CLXIII. Decker v. Howell, 893. Deeney v. Mineral Creek Co., 5a, 114, 309,

346, 347, 354, 452, 687, 759. Deer Creek Co., 53, 541.

V. Paris, 591, 674, 759. Deffeback v. Hawke, l-III, 8, 15, 186, 273. 311, 378, 440, 478, 598, 731, 783, 919. 919a, 1100. DeGarcia v. Eaton, 350. De Grasse v. Verona Co., 840. De Haro v. U. S., 881. DeHoney v. Harding, 1-XL. De Lamar's Co. v. Nesbitt, 349. Delaney, 11.

Delaware Co., v. Gleason, 11. DeLeonis v. Hammel, 408a. Delerich v. Salt Lake Co., 1-CXXXVI. Dellapiazza v. Foley, 897, 900. Delmoe v. Long, 376. 500, 657, 942. 1154. Del Monte Co. v. Last Chance Co., 1- LXXXV. 78, 114. 143, 188, 234, 272, 300. 311, 347, 383. 443, 521. 542, 594, 673, 675, 685b, 715, 787, 950, 1099, 1141 ; Appendix B, Form 50. Del Valle v. Rossy, 830. De Moss v. Sample. 2-XV, 1-LIX, 14, 16,

208, 954, 1143. Dempsey Oil Co. v. Torrans, 1019. DeNecochea v. Curtis, 83. Denee v. Ankerry, 731. Deniss v. Sinnott, 454. Dennis v. City, 649.

v. Utah, 11, 113, 188. 914, 1070, 1150. Deno V. Griffin, 452, 472, 921, 1088. DeNoon v. Morrison, 486.

Table Of Cases

(References are to sections)

Denver v. Roane, 899.

Co. V. U. S., 399.

V. Denver Co., 37.

V. Ditch Co., 398. Department v. Louisiana Co., 2-X. Derry v. Ross, 430, 431. Desert Co. v. State, 628. Deslogre v. Pearce, 886, 1133. Detlor v. Holland, 997. Detroit Co. v. Sistersville Co., 641. Dettoring v. Nordstrom, 1158. Devlin v. Central Wyoming Oil Co., 313.

V. Centre Co. 777. Devils Den Co. v. U. S., 929. Devonian Oil v. Smith, 649. Deweese v. Reinhard, 94. DeWitt V. Sides. 388, 521, 691, 732, 762. De Wolfskin v. Smith, 80, 314. Dexter v. Houston, 902. Diamond Coal Co., 10.

V. U. S. 1-XLVIII, 1-LXI, 1-LXXX, 53, 165, 184, 261, 289, 311, 372, 591, 740. 781, 927. Diamond Coal & Coke Co. v. U. S., 10. Creek Co. v. Swope, 888. Match Co. V. Village, 387. Dickens-West Co. v. Crescent Co., 483, 493.

495, 655. Dlckensen v. Capen, 609. Dickensheet v. Chouteau Co., 1-CLXXV. Dickenson v. Hoomes, 840. Dickey v. Coffeyville Co.. 987. Dickman v. Good Return Co., 457. Didier v. Webster Corp., 825. Diffenderfer v. Board, 832. Dignan v. Altoona Co., 323. Dike v. Martin, 906. Dill v. Praze, 843, 990.

V. Rockwell, 1034. Dillard v. Stone, 1034. Dilley v. Primos Co., 1-XL. Dillingham V. Smith, 559. Dillon, 807, 1075.

V. Bayless, 5, 693. Dinge.ss v. Huntington Co., 7. Dingley v. Buckner, 392. Dinsmore v. Renfroe, 883. Discovery Claim v. Murray, 793.

Placer v. Murray, 45, 607. Ditton & West v. Grutt, 560. Dix River Co. v. Pence, 993. Dixon v. Cox, 262.

v. S. P. Co., 1-CXXVIII, 388a. Dober v. Ukase, l-I, 642. Dobler v. N. P. R. Co., A-XIX. Doctor Jack Pot Co. v. Marsh. 410.

V. Work Co., 759. Doddridge Oil Co. v. Smith, 413, 971. Doe de Hanley v. Wood, 881. Doe V. City, 78.

V. Sanger, 233, 527. 929.

V. Tyler, 390, 523, 740.

V. Waterloo Co.. 1-XXX, 1-XCVIII. 1-CXIX. 11, 131, 252, 300, 346. 352. 390, 428, 457, 521, 543, 581, 616, 618, 679, 691, 748, 758, 763, 773. 781, 787, 788. 914, 915, 1067, 1077, 1104, 1140, 1171 : Appendix B, Form Doehrlng v. Gulf Co., 1015. Doherty v. Morris, 347, 472, 749, 750a.

778, 1154. Dolan V. Passmore, 309, 759. Dollenmayer v. Pryor, 363. DoleM Bros. Co, v. Kahl, 1-XL. Doll V. Meador. 94. Dolles V. Hamberg: Co., 481. Doloret V. Rothschild, 1053. Donahue v. Melster, 1-CIV, 409, 521, 687, 763, 1140.

Pet & Gas, Appendix B. Form 19. Donaldson v. Josey, 962. Dondero v. Aparicio, 11S4.

Donlon. 1-DXIX.

Donley v. Van Horn, 1-CXCVI, 88, 108, V. West, 1-CCII. Donnelly v. U. S., l-III, 1-C, 195, 326, 343,

430. 596, 764, 781, 917, 1119. Donohue v. El Paso Co., 640. V. Tonopah Co.. 474. V. Tyosivig, 1155. Donovan v. Con. Coal Co., 390. V. Hanauer, 417. v. St. Louis Co., 390." Dool V. First Nat. Bank, 423. Doolan v. Carr, 373, 925. Doon V. Tesh, 452.

Doran v. Bunker Hill Oil Co., 1058, 1060a. V. C. P. R. Co., 102, 584, 626. DorlT, 610.

Dorsey v. Manlove, 390, 393. V. Newcomer, 889, 1165. Doster v. Friedensville Co., 7. Dotson V. Arnold, 467. Double Eagle Co. v. Hubbard, 110, 283. Dougery v. Bettencourt, 590. Dougherty v. Chestnutt, 393. V. Creary, 894, 1158. V. Haggin, 1-CV. Douglas Claims, 488.

Lodes. 255, 484. Douglass V. Rhodes. 15. Douthitt V. Wheeler, 999. Downey v. Gooch. 2-XXIX, 959, 1055. Dower v. Richards. 1-XCVI. 14, 45, 378,

537, 612, 626, 731, 919, 1101. Downing v. Moore, 631.

V. Rademacher, 401, 665. Downman v. Texas, 16. Doyle V. Austin, 1037.

V. Burns, 777, 888. 889, 907, 1133. Drake v. Berry, 1-C VII. V. Earhart, 80. V. Gilpin, 588, 621. V. Lacoc. 1-C VII. Draper v. Wells, 244, 273, 451. Drees v. Waldron. 385. Drescher, 460, 1067. Dreyfus v. Badger, 99. 376. 928. Dripps V. Allison's Mines Co., 1-CLXVIII, 80, 222, 301, 309. 399, 525, 632, 649, 655, 699, 721. 780. Drogheda Claim, 236. Drummond v. Long, 3. 705. Ducie V. Ford, 353. 368, 422, 442, 1178. Dudley v. Lowell, 954. Dulf V. U. S. Gypsum Co.. 647. Duffey V. Mix, 188. Duffield V. Russell, 2-III.

V. San Francisco Co., 1-CXXXIX, 11, 145, 186. 211. 295. 320, 347, 349, 357, 447, 600, 607, 780. Dufrene v. Mace, 54. 282. Dufresne v. Northern Light Co., 433,

448, 743, 1174. Dufton V. Daniels, 296. Duggan V. Davey, 1-LIII, 11, 126, 249,

383, 543, 674, 684, 914. Dughi V. Harkins, 46. Duluth Co. V. Roy, 376. Dunbar Lime Co. v. Utah-Idaho Sugar

Co., 11, 95, 96, 285, 447. Duncan v. Eagle Rock Co., 1-XLIII, 1- LXXXIX, 6, 347. 364. 387, 428. 486, 536, 568. 711. 758, 776. V. Fulton, 4, 294, 434. 699. 711. 737,

V. Kelley. 1-IIL

Co. V. Lane, 55. Dunfee v. TerwiUiger, 570, 777, 1153. Dunham v. Kirkpa trick, 208.

Co. V. Rubber Co., 1138. Dunlap V. Jackson, 2-XI, 954, 1024,

V. Pattison, 778. Dunn V. Blrminghani, 648.

Table Of Cases

(References are to sections)

Dunne v. Economy Co., 37.

Duplex Co. V. Deering, 1-CLXXVIII.

DuPrat, V. James, 4, 478, 484, 485, 600,

618. 650, 1106. Durango Co. v. Evans, 374. Durant Co. v. Percy Co., 69, 390.

V. Corbin, 1-XLJII, 773. Durgan v. Redding, 346, 445, 815. Duryea v. Boucher, 5, 693, 758.

V. Burt, 896, 1133. Dutch Flat Co. v. Mooney, 758. Duvall V. White, 1012. Duxie Lode, 604.

Dwinnell v. Dyer, 300, 530, 539, 687, 758. 788, 1100 ; Appendix B, Form No. 44.

V. U. S., 63. Dye V. Crary, 481. Dyer v. Brogan, 357, 496.

Eagle Co. v. Patrick, 1-CLXXXIII.

Peak Co., 1-CXCVIa, 807, 809, 811, -Picher Co. v. Fullerton, 2-XXIIa, 23, 1005, Rock Co., 26. Eames v. Philpot, 399. Earhart v. Powers, 16, 1110. Earl V. Henderson, 467.

V. Wainman, 11. Early v. Friend, 1161.

East Central Eureka Co. v. Central Eureka Co., 789. Jersey Co. v. Wright, 882. Shore Co. v. Richmond Co., 1165. Sioux Co. V. Wisconsin Co., 840. Tintic aalm, 1068.

Tintic Co., l-CLXXH, 142, 484, 591, Eastern Co. v. Willow Co., 611.

Oil Co. V. Beatty, 2-V, 958. Oil Co. V. Coulehan, 388a. Oregon Co. v. Brosnan, 344, 1120. Oregon Co. v. Willow River Co., 53, 630, 915. Eastman v. Piper, 627a.. 879, Eaton v. Norris, 1-VII, 1-XC, 4, 521,

601, 691. 758, 1140. Eberle v. Carmichael, 1-XXXIII, 1-

LXXIII, 472. 778. 907, 1133. Eberville v. Leadville Co., 343. Ebner Co. v. Alaska Co.. 1-XIII, 429, 479, 618, 650, 757, 1103. V. Hallum, 350, 445, 447, 814, 1075. Eclipse Mill Site. 807. Krlerton v. Peckham, 417. Edison Co., v. Westinghouse Co., 1-LVI. Edsall V. Merrill, 1161. Edwards v. Bodkin, 262, 289.

V. Roberts, 83. Eilers v. Boatman, 170, 390, 530, 540, 618, 687, 731, 763, 1140; Appendix B. Form No. 44. Elbe Co., 862. Elda Co.. 45.

V. Mayflower Co.. 188. 790, 798, 1091. Elder v. Horseshoe Co.. 433. 501, 504, 661, 1130, 1152; Appendix B. Form 33. V. McClaskey. 1155. 1157. V. Wood, 16, 590, 1037, 1099. El Dora Oil Co. v. U. S., 315, 359, 382,

409, 618. Electro Magnetic Co.. v. Van Auken. 1-X,

601. 603. Elgin Co. V. Iron Co., l-III, 54 4. Eh V. Trent. 954. Elk V. Wilkins. 289. Elkhorn Hazard Co. v. Kentucky Co.,

390. 1159. EUet V. Campbell, 1-CLXXXVI; Appen- dix B, Form 54. Ellinghouse v. Taylor, 630.

Elliott V. Bunce, 385.

V. Elliott, 907, 1154. V. Murphy Co.. 902. V. Bobbins, 262. V. S. P. R Co., 11. V. Title Co., 1060. Ellis V. Lewis. 116. 888. V. Swan. 839. V. Treat. 422. El Paso Brick Co., 1067.

Co.. 458. 468. 1064, V. McKnight. l-III, 1-LVII, 269, 297, 448, 605, 732, 922, 1064, 1078, 1088 1099 Elsinore Oil Co. v. Signal Oil Co., 2-la,

2-XXIII, 976. Eltzroth v. Ryan. 263. Ely V. New Mexico Co.. 387. Emblen Co. v. Lincoln Co., 376. Emde v. Johnson. 1053. Emerald Oil Co., 729, 807, 917. Emerson. 503.

V. Akin, 1-CIV, 428, 514. 593, 695. 710.

V. Bergin, 879.

V. Kennedv Co., 44. 385. 428. V. Little Six Co.. 844. V. McWhirter. 1-XLV. 300. 305. 389.

429, 478. 484. 650. V. Yosemite Co.. 512. 650. Emery v. League, 405. Emily Lode. 273. 486. Emma Lode. 239. E. M. Palmer. 316. Empire Co.. 207.

V. Bonanza Co.. 393. V. Bunker Hill Co.. 1095. V. Cascade Co.. 78. 626. V. Denning, 1021, V. Pendar. 1016. V. Saunders. 840.

V. Tombstone Co.. 1-XV. 138. 165. 717. State Co. V. Bunker Hill Co.. 155. 405, 434, 542, 550, 593, 737, 1024,

State-Idaho M. & D. Co. v. Bunker Hill & Sullivan M. & C. Co., 155. Engemann v. Allan, 2-XVII. English v. Johnson, 1-XXXVIII. 303. 388.

732. 1100. Knlow v. Shaw. 848. Ennor v. Barwell. 395. Ensele v. Jolley. 823. Enterprise Co. v. National Co.. 1003.

V. Rico-Aspen Co.. 1-CXXI. 1- CLXXX\a 151. 374. 390. 437. 441. 445. 557. 592. 725. 780, 787, 915. 1084. 1098b. 1140; Appendix B. Form 54. Entwhistle v. Henke. 882. Equitable Co. v. Connecticut Co.. 337. Equity Co.. 1064.

Erhardt v. Boaro. Preface, l-III. 184, 307, 399, 431, 478. 516. 532. 591. 687. 692. 693, 731. 740. 770. 780. 1104. 1152. Erhart v. Mahoney. 415. Erickson. 201.

Erie Lode v. Cameron Lode. 1081. Ernest v. McCaulev. 1127. Erwin v. Perego. 1-LXXXV. 592. 764. Escondido Oil Co. v. Glaser. 1016. 1020. Escott V. Crescent Coal Co.. 1-XCVI. 2-XX. Esler V. Townsite. 44. Esmond v. Chew. 222. Esselstyn v. U. S. Corp., 148. 392, 680. Essen v. Wattier. 648. Essgee v. U. S.. 293. Estate of Baldwin. 360. Dwyer, 391. Flemming. 360. Johnson, 575. Sharon, 360. Welllngs, 100. White, 954.

Table Of Cases

(References are to sections)

Etling V. Potter, 594. Eubanks v. Petree, 909. Eureka Co., 941.

Office, 773.

Co. V. Richmond Co., Preface, 1-L.XXXII, 1-XCVIII, 122, 145, 373, 684, 929, 938, 1098i. Evalina Co. v. Yosemite Co., 1-LI, 484. 498,

1108, 1159. Evans v. Kister, 565.

Fuel Co. V. Leyda, 321. 967. 1143. Everett v. Hydraulic Co., 648. V. Pearson, 96. V. Wallin. 55. Ewbank v. Mikel. 62. Ewell V. Weagley, 581. Ewert V. Robinson. 391. 830. 954. Exchange Bank v. Head, 954. Ex parte Morford, 403a. Ex parte Virginia. 296. Exploration Co. v. U. S.. 106. 381. Extra Lode Claims. 1061. Eymann v. "Wright, 1-L. Eyrad. 937, 1065. Eyster v. Centennial Board, 2-XIII.

F. A. Hyde & Co.. 610. Fairbank Co. v. Nicolai, 1017. Fairbanks v. Warrum. 2 -XII, 970.

V. Woodhouse, 303. 657. Fairview Co, v. Lamberson. 359. Fall v. Louisiana, 94.

v. State. 610.

Creek Co. v. Walton. 618. Fallis v. Julian Pet. Co.. 1011, lOlG, lOlS,

1019. 1020. Falls Branch Co. v. Proctor Co., 402. Fargo No. 2 Claim. 483. 484. Faria v. Bettencourt. 386a. Farmer v. Water Co.. 1-CXCI. Farmers' Co. v. Bonneau, 995. Farmers Co. v. N. P. R. Co.. l-CLXXVHI. Farmington Co. v. Rhymney Co., 3. 6. 694,

Farrell v. Edward Rutledge Co., 470.

V. Lockhart. l-III. 429, 430. 436. 592, 715, 743. 747, 1099. Faubel v. McFarland, 422, 433. 507. 1108.

Faulkner v. Hendy, 578, Favot, 101.

v. Kingsbury, 95. 100. 345. 715. 944. Faxon v. Barnard. 5. 688. 759. Fearns v. Atchison Co.. 942. Federal Oil Co. v. Western Oil Co.. 415.

Shale Co., 261. Fee V. Durham. 429, 478, 650, 747. 756.

v. McPhee Co., 901. Feisthamel v. Campbell. 414. 581. 1053.

Feliz V. Fell. 1155. Fellows V. Evans, 1120.

V. Wlllett. 1-CXXIL Felsenthal v. Warring. 626. Fendley v. City of Anaheim, 649. Ferbrache v. Potter. 408a. Ferguson v, Belvoir Co., 663.

v. Hanson. 1062.

V. McGuire. 1053.

V. Neville. 668. 776. Fernandez v. Ojeda, 336. Ferrell, 606.

V. Hose, 46. 188. 490a, 618. 721. Ferris v. Baker. 888.

V. McNally, 306. 600. 618, 707. 766. 780. 1099. 1112. 1116. Perry v. Street. 610. Flckett. 11. Fidelity Ass'n v. Shaefer. 827.

Co. V. Shenandoah Co.. 827. 952. Field V. Gray. 1-CLXXXVIII. 760.

V. Squires. 840.

V. Tanner. 474. 650. 1108. 1152.

Filcher v. U. S., 53, 372. Filmore v. Reithman, 405. Filtrol Co. V. Brittan. 56. 771.

v. Brittan and Echart, 56. Fiman v. State, 559. Finch V. Green, 117 2d.

V. Ogden, 220. Finney v. Berger, 610. First Nat. Bank v. Altvater, 483. 653.

V. Bank. 565. 641.

V. Clay. 1035.

V. Marlowe. 560.

V. Maxwell. 1173.

V. Thompson, 574. Fish & Hunter Co. v. New England Home- stead Co., 1-CIII, 224. Fisher v. Central Co.. 1-CLXXVII.

V. Crescent Co., 434, 1000.

V. Jackson, 35, 759, 1112.

V. Rule. 108, 339, 37G.

V. Seymour, 422, 699, 749, 904. Fissure Co. v. Old Susan Co., 4, 437, 4 83.

488. 725. 726. Fitoh V. Bunch, 581.

Fitzgerald v. Clark, 527. 67 8, 730, 787. Fit::patrick v. Montgomery, 79, 222, 313.

(132. 64 9. Fhig.staff Co. V. Tarbet. l-III. 167. 542, 591. 673, 717, 787, 788, 789, 1141 ; Appen- dix B, Form No. 45. Flaherty v. Gwinn, 303, .S05. Flavin v. Mattingly, 3, G93. Flpniing v. King, 9(i7. Flemming Co. v. South Penn Co.. 2-III. Fletcher v. Rylands L. R., 1021.

V. Smith, G4 8. FlicJciner v. Heck, 1-LV, 1053.

V. Shaw, 3S)9. Flint Co. V. Gordon, G26. Flora V. Hawkins, 825. Florence v. Orman. 990.

V. Thompson, 903. Florence-Rae Co. v. Iowa Co.. 429, 486. 740,

V. Kimbel, 1-LXV, 300, 389, 472, 6.0, G52, 745. Florida. 1-CLXIV.

Floyd V. Montgomery. 255, 257. 271. 584. Flynn Group Co. v. Murphy. 5?2. 605. 690.

Foote V. National Co.. 129. 605, 781. Forbes v. Butler, 902.

V. G racer, l-III. 1-LXXXV. 16, 80. 311. 382, 914. 950. Ford V. Campbell, 300, 309, 429, 655, 705,

V. Chambers, 658. & McNamara v. Wilson, 904, 905. Forderer v. Schmidt. 505. Forgens v. Santa Cruz Co.. 191. 196. For.vthe v. Weingart. 1-XLVIIL Fort Maginnis. 18. 315. Fortune Co. v. Miller. 428, 570. Forty Fort Co. v. Kirkendall. 289. Fosdick. V. Sliackleford, Appendix B, Form

No. 80. Foss V. C. P. R. Co., 1-CXIV, 627a, 1122, 1122a, 1146, 1152, 1153.

V. Johnstone. 1-CXXV. 227, 294, 943. Foster v. Black, 391, 1106.

V. Callaghan & Co.. 904.

V. Elk Fork Co.. 975. 1001.

V. Hess, 207.

V. Weaver. 1159. 420 Co. V. Bullion Co., 295, 346, 347. 405.

Fouch V. Johnston, 408a. Fourth Co. V. Woolley. 1006. Fox V. B. & O. R. Co., 398.

V. of Joliet, 1017.

V. Hale A NorcroPR Co.. 1-XVIII.

V. Mutual Co., 1068.

V. Myers. l-III, 121. 592, 596. 605, 684. 689. 781. Fox well V. Justice, 954.

Table Of Cases

(References are to sections)

Francis v. West Virginia Co., 1056. Fruncoeur v. Newhouse, l-III, 343, 924,

Frandson, 610. Frank v. Bauer. 1-CLXXII.

Co. V. Belleview Co., 990. Hough Co. V. Empire State Co., 457, Franklin v. Havalena Co., 1-LXVII.

V. O'Brien. 1152. Franks v. Martin. 415. Franz v. Franz, 1152. Frazer v. City. 883. Fraser Co., 90. Fratt V. Whittier. 642. Frederick v. Frederick, 1172d. Fredericks v. Klauser, l-LXXVI, 472, 486,

48S, 659. Fred S. Porter, 96, 285. Freeman, 883.

V. Cooke, 425.

V. Hemingway, 896.

V. Summers, 10, 184 , 189, 592, 1047, Freeport Co. v. American Co., 962, 1017. Frees v. Colorado, 610.

V. State, 165, 184. Freezer v. Sweenev, 1-CLTV, 11, 186. Frellsen & Co. v. Crandell, 97, 914. French v. Edwards, 1152. Fresno Co. v. Fruit Co., 5 85. Frick V. U. S.. 107. Frishie v. Marques. 1002.

V. Whitney, 386. Frisholm v. Fitzgerald, 737, 787. Frost V. Martin, 2-IV.

V. Spitley, 295. Frowenfeld v. Hastings, 1159. Fry Spec. Pert., 417, 1053. Fuhr V. Dean, 879. Fulkerson v. Chisna Co., 382, 914. Fuller V. Fuller. 297.

V. Harris, 1-CXI, 5, 690, 705, 749, 778.

V. Montafi, 1171.

V. Swan Co., 399.

V. Swensberg, 1155. -Warren Co. v. Hartner, 565. Fulmer's Appeal, 1159. Funk V. Haldeman, 954.

V. Sterrett, 532, 691.

Gabathuler, 88.

GabrielsQn v. Hagan, 415.

Gaffney v. Turner, 476.

Gage V. Gunther, 261.

Gain v. South Penn. Co., 970.

Gaines v. Chew, 385, 41G, 831, 1029, 1053.

Galbraith v. Devlin, 895, 1170.

V. Shasta Co., 236, 536, 570, 581, 929, 938, 1096. Galbreath v. Hoplins, 632.

V. Simas, 347, 776. Gale V. Archer, 1053.

V. Best, 99, 375, 808, 929. Gallagher v. Boquillas Co., 313.

V. Gray, 58. Galligher v. Caldwell, 385. Gallo V. Gallo. 1118. Galloway v. Blue Springs Co., 952. Gait V. Galloway, 684.

V. Willingham, 229. Gamble v. S. P. Mines, 902. Gammer v. Glenn, 3. Gammon v. Ramsey, 570. Ganse v. Perkins, 392. Ganssen v. Morton, 882. Garcia, 749.

Garden Gulch Placer, 1-XXXIV, 257, 739. Gardner v. Wright. 1-CV Garfield v. U. S., 296.

Co. V. Hammer. 295.

Oil Co. V. Champlln, 956, 960.

Garibaldi v. Grillo, 189, 593.

Garrard v. S. P. Mines, 6, 11, 96, 373, 434,

536, 711, 811. Garrett v. Beers, 1-V.

V. South Penn. Co., 1000.

V. States, 649. Garrison v. Hogan, 991. Garrity v. Miller, 385, 386b, 428. Garside v. Norval, 777, 1152. Garthe v. Hart. 1-CXXIV, 581, 600, 652.

740, 782. Gartland v. Hickman, 2-VI, 641. Garvey v. Elder, 478, 731. Gary v. McKinnev, 985.

V. Todd. 54, 609. Gas Co. V. Rankin, 2-XII.

Fuel Co. V. Andrews, 1021. Gashwiler v. Willis, 570. Gassaway v. Teichgraeber, 990. Gates V. Dane, 392.

V. Dittle Fay Co., 2-IX. Gattright, J. B., Co. v. Begley, 1121. Gauthier v. Morrison. 33. 297, 386a. 734. Gavigan v. Atlantic Refining Co.. 1017.

V. Crary, 347, 456. Gear v. Ford, 389. 483, 618, 657, 658. Gelcich v. Moriarty, 521. Gemmell v. Swain, 400, 600, 740, 782. Gempp V. Bas.!ham, 1017. Genazzi v. Marin Co., 309. General Co. v. James, 967.

Motors Corp. v. Gandy, 420, 426. Gentry v. U. S., 390. Georgia Co. v. Hall, 1-V. Gerhauser, 227. German v. Gollmer, 954. Germania Co. v. Hayden. 289, 922.

V. James, 274, 470, 594.

V. U. S., 262, 372. Germer v. Donaldson, 1152. 1153. Gesner v. Cairns, 321, 1133. Gest V. Packwood, 1-CDV. (eyman v. Boulware, 476. 650, 715. Gibbons v. Frazier, 374, 521, 594, 939.

V. Yosemite Co., 1116, 1133. Giberson v. Tuolumne Co., 711, 736.

V. Wnison, 349. Gibson, 7.

V. Anderson, 20.

V. Choteau, 345, 386, 772b.

V. Hercules Co., 1020.

V. Hiul, 309, 533, 603, 655, 706, 759, 779, 1117.

V. Texas Co., 1009.

V. Tyson, 11. Gilbert v. Bolds, 973.

V. Fontaine, 888, 891, 1005. Gilbreath v. States Oil Corp.. 2-VII. Gildensleeve v. New Mexico Co., 444. Gill V. Colton, 14, 385. 417, 789, 1122.

V. Fletcher, 587. 1146.

V. TVeston, 1-CXII. GilJan v. Hutchinson, 625. Gillespie v. American Zinc Co., 967.

V. Bobo, 416, 990.

V. Fulton Co., 985.

V. Shufflin, 892, 1005. Gillette v. Mitchell, 982. Gillis V. Downey, 1-CXV, 300, 382, 346, 445,

453, 464, 476, 530, 663, 687, 914. Oilman v. Lime Point, 628. Gilmer v. Fleenor. 1172. Gilmore v. Driscoll, 322. Gilpin V. Sierra Nevada Co., 145, 169, 175,

Co. V. Drake, 4. Gilson V. Delaware Co., 648. Ginaca v. Peterson, 347, 371a, 376, 387,

568, 570, 776, 1081. Giorge v. Chaplin, 481a. Girard v. Carson, 357, 604, 623. Gird V. California Oil Co., l-XLHL 4, 186, 208, 300, 389, 486, 487, 488, 574b, 687, 692, 724, 773.

Table Of Cases

(References are to sections)

Given v. Campbell, 823. Glacier Co. v. Willis Preface, 300, 326, 342, 391, 522, 582, 726, 1034, 1115; Ap- pendix B Form 41. Gladdough's Estate, 900. Glasgow V. Chartiers Co., 834.

V. Farie, 1-XCVIII. Glaspie, 618. Glass V. Basin Co., 706. Glazebrook v. Glazebrook, 1134. Glazer v. Hanson, 1016. Gleason v. White, l-III. Gleeson v. Martin White Co., 1-XXX, 4,

301, 310, 521, 690, 692, 758, 1140. Gleneve Co. v. Hudson Bros., 11. Globe & Rutgers v. Prairie Oil Co., 1038. Glock V. Howard, 417. Gnerich v. Yellowly, 392. Gobertv. Butterfield. 522, 616, 699, 731, 735. Goddard v. Winchell, 11. Godfrey v. Faust, 481, 488. Godkin v. Cohn, 942. Goft V. Brainerd, 559. Gohres v. Illinois Co., 522, 719. Gold Creek Co. v. Perry, 690, 745, 774. Dirt Lode, 1156. Hill Co. V. Ish, 1-CL, 227. Springs Mill Site, 809. Goldberg V. Bruschi, l-HL 1-LXV, 496, 591,

Golden v. Murphy, 343. Golden and Cord Claims, 463, 657, 1154. Center Co., 44, 919. Chief Claim, 524, 721. Co. V. National Co., 576. Crown Lode, 1061. Cycle Co. v. Christmas Co., 172, 359, 390, 1105.

Eagle Co. v. Imperator Co., 402. Empire Co., 224.

Fleece Co. v. Cable Con. Co., Pref- ace, 1-CXLin, 300, 311, 527, 687,

Gate V. Joshua Hendy Works, 390. Giant Co. v. Hill, 389, 429, 476, 650,

Link Co., 594, 674. Marguerite Co. v. National Copper Co., 577.

Reward Co. v. Buxton Co., 1-XIX, 368, 390, 440, 462, 522, 1081. Rule Co., 232, 253. Terra Co. v. Smith. 781. Goldfield Co. v. Old Co., 631.

V. Richard.son, 1-LXXIV, 671.

Con. Co. V. Old Sandstorm Co., 1-CVin, li; 16, 222. Goldsteen v. Juneau Townslte, 45. Goller V. Fett, 1152. Gonzales v. Leon, 360. Good V. West Co., 79, 313, 649.

Return Co., 1-LXXVI. Goodenough v. Ewer, 1159. Goodrich v. Mortimer, 430. V. Union Oil Co., 948. Goodwin V. McCabe, 1-LXXXIX, 55.

V. Standard Oil Co., 966. Goodyear Co. v. Miller, 415. Gorda Co. v. Bauman, 1-XXIX, 285, 480. Gordon v. Barnell, 1053. V. Dufresne, 1053. V. Overly, 318. V. Park. 587, 1118. Gordon Tiger Co. v. Brown, 1126. Gore V. McBrayer, 1-CXI, 777, 895, 1154. Gorham v. Gross, 1021.

V. New Haven, 399. Gorman Co. v. Alexander, 188. Oosnell V. Lloyd, 1129, 1173. GoM V. Golinsky, 526. Cotter V. McCulley, 419. Gottteln V. Adams. 16, 590. Ooucher v. Qoucher. 1130. Gould, 721.

Gould V. Maricopa Co., 1-XVIL

V. Wise, 825. Gourley v. Countryman, 1088. Gowdy V. Connell, 1063.

V. Kismet Co., 225, 232, 271, 466, 1062. Grace v. Gholson, 1134. Graciosa Oil Co. v. Santa Barbara Co.,

1-XC, 16, 954, 986, 1037, 1148. Graff Co. v. Scranton Co., 321. Cragg V. Culp, 581. Graham, 1079.

V. Penn. Co., 1-XL. V. Pierce, 1161. V Plate 559

v! Reed,' 94, 99, 374, 376, 924, 925. V. Roark, 392. V. Superior Court, 386a. Grainger v. Johnson, 822. Grampian Lode, 510. Grand Canyon Co. v. Bass, 1075.

V. Cameron, 28, 315, 347, 445, 447 ; Ap- pendix B, Form 80. Central Co. v. Mammoth Co., 121, 156, 164, 390, 393, 394, 554, 673, 914, 929, 1095, 1140. Lodge V. Graham, 1029. Prize Mines v. Boswell, 538, 581,

Trunk Co. v. Ives, 540. Granite Co. v. Willoughby, 1-XLIV. Granlick v. Johnston, 189, 484, 599, 734,

rioi.

Grant v. Bannister, 1152.

Co. V. Marks, 831. Grants Pass Co. v. Enterprise Co., 823. Grass v. Big Creek Co., 1015. Grassy Gulch Claim, 523, 763. 1142. Gravelly Ford Co. v. Pope & Talbot Co.,

629, 883. Graves v. Arizona Bank. 414. 415. Gray v. Cornelius, 954. V. Truby, 1-X, 1053. v. Tubbs. 1053. Co. V. Gaskin, 393, 399. Lode, 735. Trust Co., 11. Grayson-McLeod Co. v. Duke, 587, 1145. Greasy Creek Co. v. Greasy Creek Co.,

Great Eastern Co. v. Esmeralda Co., 346. Northern Ry. Co. v. Brosseau, 1- CLXXVIII.

Southern Co. v. Logan Co., 559. West Co. v. Woodmas Co., 385, 1029. Western Co. v. Blades, 11. Western Corp., 1-XC VI, . 1-CIX, 1-CXIIL 2-VI, 11, 641. Greeley Co. v. Von Trotha, 85. Green v. Couvlllaud, 1053.

v. Gavin, 4, 235, 521, 691, 693, 721. V. General Petroleum Corp., 222, 632,

648, 1017. V. Turner. 1-CXXX. V. U. S., 259. V. Wilhite. 80, 627d.

Ridge Co. v. Littlejohn, 1053. Greenameyer v. Coate, 338, 927. Greene v. Robison. 610. Greenzwelght v. Title Co., 1058. Gregoriev v. N. W. P. Co., 1-CXXX VI. Gregory v. Gregory, 1154.

V. Pershbaker, 1-CXXXVIII, 11. 136. 186, 301. 616. 707, 715. Grenon v. Miller, 66. Grescher, 1078. Greville v. Hemmingway, 11. Orider, 1154. V. Bell, 985.

V. Delaware ft Hudson Co., 1145. v. Fairmont Co.. 1144. Griff en v. Kent, 991. Orisar v. McDowell, 816. Griswold v. Haven, 881.

Table Of Cases

(References are to sections)

Groome v. Fisher. 888, Gropper v. King, 300. Grosfleld v. Nigger Hill Co., 10. Gross V. Bunker Hill Co., 222, 301.

V. Hughes, 236, 466, 1080. Grubb V. Bayard, 879. V. Grubb, 882. V. McAfee, 964, 992. Gruwell v. Rocca, 294, 346, 387, 776. Grymes v. Sanders, 1124. G. S. Johnson Co. v. Nevada Packard Co.,

Guaranty Bank v. Bladow, 55, 468. Guerin, 750a, 1066.

V. American Co., 433, 507, 707, 732, 750a, 1154. Guffey V. Smith, 960. V. Stroud. 986.

Co. V. Jeff Chalson Co., 971. Guild Co. V. Mason, l-CLXXII. Gulf Co. V. Hayne, 830, 831, 954. V. Oakes. 648. V. Shieder, 1-XL. Ref. Co. V. Carrol, 1-CCI, 401, 1002, V. Novell, 390. Gurnej' v. Brown, 922.

V. Tenney, 559. Gutierres v. Albuquerque Co., 84, 314 ;

Appendix B, Form No. 44. Guy V. Brennan, 954. Guye V. Guye, 1130. GVB Co. V. Hailey, 897-

Gwillim V. Donnellan, l-LXXXV, 147, 172. 188, 346, 347, 382. 440, 594, 604, 679, 730, 781, 1081. 1140. Gwynn v. Wisdom. 972. Gypsum Claims, 350, 1174.

Placer, 243, 368, 448, 464. Gypsy Co. v. Karns, 1-LXI. Oil Co. V. Cover, 999. V. Van Slyke, 958,

H

Haack v. San Fernando Co., 1-CXCVIII.

Habermel v. Mong. 833, 955, 1026.

Hagan v. Dutton, 1-CIV, 384, 529. 592. 614,

690, 715. Hagenauer v. Detroit Co., 347. Haggin V. Kelly, 390. Hague V. Wheeler. 830. Hahn v. James, 309, 352. Haight V. Constanich, 86. Hailey v. GVB Co., 897. Hain v. Mattes, 1-CXCII, 312, 353, 484. Halbert v. Tatem, 353. Hale, 473.

V. Baugh, 1-CXXII. Hales and Symons, 604, 729, 897, 809, 811,

917, 1073. Hall, 87.

V. Abraham, 393, 883.

V. Arnott, 699, 747.

V. Augur, 439, 665, 830, 843, 962, 963,

V. Center, 414.

V. Equator Co., 674, 933.

V. Fisher, 1152.

V. Kearney, 387, 484.

V. McClesky, 659, 1000.

V. McKinnon, 189, 404, 523, 591, 724, 775 ; Appendix B, Form No. 40.

V. Payne, 296.

V. South Penn. Co., 2-V.

V. Russell, 1130.

V. Vernon, 405, 1002, 1024, 1165. Halla V. Rogers, 392. 516, 831. Hallack v. Traber, 434, 699, 736, 1163. Hallett & Hamburg Lodes, 236. Halowell v. U. S., 1-LXXVIII. Halstrom v. Rodes, 56.

Hamann v. Milwaukee Co., 1-LXL

Hambly v. Wise, 414, 1133.

Hamburg v. Stephenson, 807, 814, 917,

Hamilton, 1-LVIL

V. Delhi Mln. Co., 1-XCVI, 2-VI, 641,

V. Southern Nevada Co., 345, 346, 440,

1081, 1119.

V. Young, 907.

Hammaistedt v. Bakely, 1144.

Hamman v. Milne, 609.

Hammel v. Neylan, 296.

Hammer v. Garfield Co., 4, 347, 389, 496, 540, 618, 656. 687, 752, 763 ; Appen- dix B, Form 50. V. Milling Co., 495. Hammett Co. v. Gypsy Oil Co., 2-VII, 965. Hammitt v. Virginia Co.. 387. Hammon v. American Life Ins. Co., 450.

Fields V. Powell. 1053. Hammond v. Hopkins, 385.

Co. V. Barth Corp., 206. 822. V. Gordon, 642, 825. Hammonds v. Central Co., 388a. Hanchett v. Blair, 376, 942. Hancock v. Tharpe, 1158. Hand v. Cook, 271, 779. Handley-Mack Co. v. Goachauy Co., 290. Hanes v. Coffee, 995. Haney v. Texas Co., 1-CLXVI. Hanks v. Magnolia Co., 1146, 1152, 1155. Hanlon Dry Dock Co. v. McNear, 1020. Hansen v. Fletcher, 4, 693, 719. Hansford v. Stone Co., 290, Hanson, 1-LVII. V. Buford, 902. V. Craig, l-III, 1-CLXVIII, 478, 537,

600, 652, 721, 772a, 781, 1101. V. Seawell, 390. Hard Cash Claims, 807, 1075. Hardenburg v. Bacon, 1152. Hardin, 65.

V. I€ardin, 907. V. Jordan, 198, 201. V. Shedd, 78. Hardt v. Liberty Hill Co., 82. Hardy v. Cal. Trojan Co., 191.

V. Johnson, 1152. Hare v. Birkenfleld, 291.

V. French 11. Hargrove v. Robertson, 811. Harkrader v. Carroll, 430, 938.

V. Goldstein, 45. Harlow v. Feder, 386a, 392. Harm v. Beatman, 903. Harnish v. Wallace, 609. Harper v. Hill, l-HI, 145, 272, 387, 425, 428, 544. 660, 758, 785. V. Independence Co., 1053. V. Sloan, 888, 890. Harrigan v. Gilchrist, 669. Harrington v. Chambers, 122, 592 ; Ap- pendix B, Form 44. V. Goldsmith, 99. V. Paterson. 1123. V. Union Oil Co., 413. Harris, 95.

V. Equator Co., 1-XXXVIII, 343, 582,

618. 1165. V. Gillingham. 882. V. Helena Co., 347. V. Kellogg. 1-XXXVIII. 1-CXV. 387, 495, 568, 706, 752, 776, 1101 ; Appen- dix A, p. 630. V. Lloyd. 896 ; Appendix B, Form 44. V. Miller. 941. V. Ohio Oil Co., 964. V. Riggs, 439, 1000. V. Rosenberger. 292. V. Ryding. 2-XXVII, 321, 1143. V. Seattle Co.. 1-CXXXVI. V. Tyson, 1127.

Table Of Cases

(References are to sections)

ITarrison. 23.

V. Cole. 1157. Harry Lode, l-III, 11. 137, 188, 607, 674,

Harsh. 1-XLIX. Hart V. All Persons, 1-CXXIV. V. Appalachian Co., 838. V. Cox, 434. Hartford Co. v. Cambria Co.. 393. Hartnian v. Oatman Co., 570.

V. Smith. 1-CXIII, 46, C18. 809, 811,

919. 1075. V. Warren, 376, 942. Hartney v. Gosling, 888, 1153. Hartwell v. Camman, 7, 11. Harvey, 371, 444, 462, 463, 699. V. Holle.s. 1120. V. Laurier Co., 385. V. Ryan. 300. V. "Weisbaum, 954.

Co. V. Allen, 1148. Harwood v. U. S. Corp., 1123. Haskell v. Gallagher, 823.

V. Sutton, 2-XII. Has.<5am v. Safford, 1-CXXXVI. Hastings v. Douglass, 382.

Co. V. Whitney, 15, 289. Hatch V. Fritz, 888.

V. Leighton, 474. Hathorn v. National Co., 11. Hatton V. Gregg, 398. Haumsser v. Chehalis County, 55. Hauret v. Pedelaborde, 896. Hauswirth v. Butcher, 522, 719. Hawes v. Oakland, 291. Hawgood V. Emery, 488. Hawk, 1-LVII. Hawke, 52.

V. Deffeback. 1-XLVIII, 46. Hawkeye Placer v. Gray Eagle Placer, 457,

Hawkins v. Spokane Co., 401, 559, 894, 899,

1158. 1161. Hanks. 107.

Hawlay v. Von Lanken, 385. Hawley v. Diller. 1-LVII, 55. 262, 468. 511. V. Romney, 384, 521, 592, 720, 912, 913. Haws V. Victoria Co., 1-CXV. 19 9, 300, 384, 391, 493, 521. 687. 734, 791, 914. 1112: Appendix B, Form 44. Hayden v. Jamison, 11. Hayes v. Lavagnino, 1-CXCVII, 122, 592,

761. 781. Haynes. 473.

V. Bri.scoe, 504, 1155. Havnie v. Stovall. 985. Hays V. Port of Seattle, 387. V. U. S.. 1-CXXIV. V. Walnut Creek Co., 634. Hazzard v. Johnson, 385, 495, 978, 1029,

H. B. Calflin Co. v. Gross, 902. H. B. .Tones Co. v. Mays. 967. H. D. Williams Co. v. U. S., 55. Head. 739, 1066.

V. Fordyce, 382. KTeadley v. Colonial Co., 1130. Hfadrlck v. Larson, 629. Heady v. Turnpike Co., 398. Healdton Co. v. Smith. 961. Healey v. Rupp. 1-XVIII, 346, 441, 443. 445,

593, 781, 1081. Healy River Co., 115. Heath v. Wallace, 262.

V. Walton, 325. Hecia Co., 807, 917. Hector Co. v. Valley View Co., 428. Hedger v. Hogle. 562.

Hedrlch v. Lee, 309. 410. 592. 665. 690. 1112. Hedrick v. Atchison Co., 942. V. Beeler, 942. v. Eno. l-CXXV. Hefner v. LIfht Co.. 958.

Heffner v. Jackson, 563. Heilman v. Loughrin, 704. Heine v. Roth, 78, 193, 258. Heinze v. Butte & B. Co.. 1165. V. Bntte & M. Co., 39r,, 683. v. Klein.schmidt, llfiO. Heirs of C. H. Creciat, 96.

C. H. Crockett, 285. Corder, 264. Durbin, 1079. Puck, 57. Heist, 386a, 779. Helbert v. Tatem, 1081. Helena Co., SO.

V. Baggaley, 348, 687. 759. V. Dailey, 445, 447, 811, 813, 1075. V. Spratt. f.31. Heller v. Daily, 11. Helm V. Chapman, 823. Helmick, 271. Hemmer v. U. S., 268. Hempill v. Moy, 326, 1120. TTemple, 715. Hempstead & Son v. Thomas, 1-Xf"iri.

1-CXXVIII, 11. Henderson v. Fulton, 11, 605, 715a. V. Parrell, 2-III. V. Fulton, 1-LXXXII. 11, 129. 187.

674, 715a, 741, 780, 792. V. Western Co.. 205, 301. Hendlr v. Lehigh Co., 7. Hendrichs v. Morgan. 778, 907, 1133. Hendricks v. Muserrove, 1155.

V. Spring Valley Co.. 1144. Hendrie Co. v. Parry. 413. Hendy v. Compton. 96. Hennes.<5y v. Junction Oil Co., 2-XXIII.

V. Wool worth, 415. Henning v. Wichita Co., 2-III, 992. Henrv v. Gulf Co., 1009. Co. v. U. S., 399. Oil Co. V. Head. 1015. Henshaw v. Smith, 1176. Herbert v. Graham, 428, 064. 995, 1146. Hermocilla v. Hubbell, 95, 316, 924. Herrin, 113.

Hershberger v. Johnson, 565. Hervey v. Rhode Island Works, 561. Hereford v. Davis, 561. Herzog V. Atchison, etc., Co., 415. He.ss V. Winder, 388, 731, 1101, 1142. Hesseltine v. Stockwell, 559. Hester v. O'Rear, 979. Hewitt Lea Co. v. King Co., 632. Hext v. Gill, 1-XCVI, 11. Hey V. Duncan, 902, 904. Heydenfeldt v. Daney Co., 14, 94, 373, 610,

924, 925. Heysradt v. Delaware Co., 1-CLIV. Heyward v. Bradley, 978, 1053. Hibberd v. McCosker, 1118.

V. Slack, 20. Hibour v. Reeding, 1133. Hickey v. Anaconda Co., 1-XLVII, 1-LVII, 327, 359. 445, 618. 674, 684, 688, 693, 758. 914, 932. 1099. V. U. S., 1101. Hicks V. American Co., 392. 1030.

V. Bell, 1-LXX. Hidden Treasure Mines. 1-XXXIX. 488.

HIdee Co.. 523. 533, 741, 1142. HIett V. Inland Finance Corp., 385. HIgglns V. Armstrong, 900. V. California Co.. 982. V. Carlotta Co.. 823, 1059. V. Eva, 401, 1162. 1169. V. Weaver. 1159. Highland Boy v. Strlckley, 622. 627a. 630.

Marie Claims, 483. HIgueras v. U. S.. 6. Hlldreth v. Monteclto Co., 689.

Table Of Cases

(References are to sections)

Hill V. Earner, 410. V. Cutting, 882. V. Dow, 1133.. V. King, 82.

V. Smith, 82, 222, 632, 649. V. Waiting Co., 418. Oil Co. V. White, 959. Hilton V. Granville, 96?. Himes v. Johnson, 945, 948. Himrod v. Ft. Pitt Co., l-CXIV, 14, 399,

1122. 1144. Hindle v. Warden, 387. Hines v. Johrson, 1098c.

V. Miller, 1-LXXIX, 388a, 824. Hinton v. D'Yarmett, 1-LiXVII. Hirbour v. Reeding, 778. Hirsch v. Block. 382. Hirschler v. McKendricks, 1-XIII, 484, 512

653, 752. Hirshfeld v. Chrisman, 281. Hitchman Co. v. Mitchell, 835. Hitt V. Henderson, 962. Hohan v. Rover, 741. Hobart v. Ford, 627b.

V. Jones, 822. Hobbs V. Amador Co., 79, 222, 313, 632. V. Davis, 396. 415, 978. 1053. V. Monarch Ref. Co., 559. v. Tom Reed Co., 395. Hodges V. Rutherford, 954.

V. Miller, 836. Hodgson V. Federal Oil CO., 313, 385, 777 1029. 1117, 1152, 1155. V. Field. 1-CI.

V. Midwest Oil Co., l-XHI. 189. 313. 316. 382, 429. 431, 478. 512. 520. 615. 619, 654, 1051, 1113, 1152, 1177. Hoel. 198.

Moffer Oil Corp. v. Carpenter, 1018. Hoffman v. Beecher, 241, 295, 457. V. Fett, 1134. V. Metcalf, 883. V. Nelson, 1133. V. Tuolumne Co., 648. V. Venard, 462. Hoeran & Idaho Claims, 534, 792. Hogan V. Page, 510. Appendix A, p. 623. T-Toerberg V. Tandfield, 1129. Hoge V. George, 902, 1133. Hoggin, 807.

TToiirnpn V. Johnsen, 1-XCIX. Holdt V. Hazard, l-HI, 1-XIT. 1-XXVIII, 4, 347, 385, 521, 535, 773, 888, 1102. Holland v. Auburn Co., 691. V. Challen, 382. V. McCarthy, 581. V. Mt. Auburn Co.. 521. Holleman v. Cu.shing, 586. Holling.worth v. Berry, 1-XCVI, 2 -XX.

V. White, 823. Holloway Seed Co. v. C. N. Bank, 559. Holman v. Central Co., 450.

V. Utah, 11. Holmes Co., 413.

V. Salamanca Co., 352, 387, 660. Placer, 232. Holstrom v. Mullen, 1133. Holt v. Henley, 641.

v. Murphy. 261, 470, 942, 1154. Holtzman v. IDouglas, 938. Home Ins. Co., 458. Homestake Co., 145, 674, 785. Homestead Co. v. Schoregge, 2-XXIIa, 954 Honaker v. Guffey Co., 1016.

v. Martin, 429, 484, 653, 752. Honolulu Con. Oil Co., 313. 1177. Hoogbruin v. Atchison Co., 294, 345. Hoogendorn v. Daniel, 414, 978, 1053. Hooper, 11.

V. Bankhead, 587. .—, V. Young, 9 29.

K Hoover v. Sailing. 57, 297. K Hope Co.. 720, 786. v. Brown, 447, 608, 676, 726, 1140.

Hopkins v. Butte Co., 352, 353.

V. Noyes, 1-CXXIV, 1101, 1115, 1165. V. Walker, l-III, 152, 293, 689, 767. v. Zeigler, 960. Hopper V. Elliott, 386a, 1103. Horn V. Clark, 641. Home V. Smith, 198, 273. Horner v. Watson, 967, 1143. 1144. "Hornsilver Cases," 655, 1154. Horse Creek Co. v. MidkifC, 11. V. Trees, 965.

Shoe Case, 533, 674, 914. Horsky v. Moran, 46, 152, 373, 793.

V. McKennan, 336. Horst V. Shea, 343, 1119. Horswell v. Ruiz, 600, 652, 660, 731, 782,

1101. 1112. Horton v. Moore, 1-CXXXV.

V. New Pass Co., 888. Hosack v. Crill. 14. Hosmer v. Wallace. 1-CL.XXXVIII. Hough V. Hunt, 485. v. Porter, 1-CV.

Co. v. Empire Co., 1061. Householder v. Quemahoning Co.. 648. Houston v. Dexter & Carpenter, 904. Howard, 811.

v. Luce, 889. V. Manning, 840, 1171. V. Throckmorton, 1158. Howe V. Parker, 262, 59 4. Howell V. John.son, 81, 945, 948. Howeth V. Sullinger, 4. 233, 272, 521, 719. Howitz V. Kreuzer, 415. Hoyt V. Russell, 759.

V. Weverhaeuser, 376. Huber, 388a. Huckaby v. Northam, 3, 521, 690, 764, 780.

831, 1053. Hudepohl v. Liberty Hill Co., 830, 831, 954. Hudson, 261.

& Collins V. McGuire, 9o4. v. Slonakfer, 1060. Co., 812.

Co. V. McCarter, 37. HuflC V. McCauley, 882. I Huflfinan v. Allen Co.. 411, 1130. Huggins V. Daley, 955, 975. Hughes V. Beekley, 382. V. Busseyville Co., 955. V. Cordell, 992.

V. Devlin, 1-LXXXV, 382, 1165. V. Dunlap, 409. V. Florida, 219. V. Holliday, 416.

V. Ochsner, 188, 465, 474, 488, 607, 922. V. Parsons, 955. V. Scott, 581. V. State, 11. Hulbert v. Cal. Portland Cement Co., 399. Hulings V. Ward Townsite, 50, 1098d. Hullinger v. Big Sespe Co., l-III, 537, 600,

731, 1101, 1126. Hullins V. Butte Co., 1-CXXIV. Hulst V. Doerstler, 428, 1164. Humbird v. Avery, 297, 412. Humble Oil Co. v. Strauss, 969. Humphreys v. Idaho Co., 326, 343, 59 3,

715a, 1061, 1109. Hunicke v. Meramic Co., 1-IV. Hunt V. Barker, 3.

V. Patchin, 371, 376, 422, 444, 507,

513, 750, 942, 1154. V. Steese, 399, 609. Hunter, 437.

V. Sutton, 414, 1053. Huntington v. Donovan. 107. 330, 925.

Co. v. Stewart, 1145. Hupp v. Lawler, 415. Hurie v. Quigg, 1155. Hurley v. Hurley, 1157. Huson V. Portland Co., 903.

Table Of Cases

(References are to sections)

Hustler Lcde, 546, 741

Huston V. Co3 892. 897, 954, 1005, 1153.

Hutchings v. Low, 53.

Hutchinson v. Kline, 1148.

H. W. Gossard Co. v. Crosby, 418.

Hyatt V. Colkins, 382.

Hyde, 30.

V. Holland, 345.

V. Minerals Co., 1-CXXVL

V. Redding, 295.

V. Shine, 1094. & Co., 96. F. A.. & Co., 610. Hyman v. Wheeler, 129. 676, 711.' Hynes v. Silver Prince Co., 385.

lams V. Carnegie Co., 2-XXIII. Iba V. Central Ass'n, 295, 347, 445. Ickes V. Foy, 386a.

V. Virginia-Colorado Dev. Co..

1-LXXXIII, I'-CXCVIa, 14, 26, 261, 269, 296, 298, 316, 478, 520, 650, 652, 654, 757, 1051. Idaho Co. V. Brackett, 636. V. Davis, 1-XCVI, 822. V. Union Co.. 1053. Igo Bridge Placer, 574b.

Placer, 1-XLIII. Illinois Co. v. Mulberry Co., 1046.

V. Raff, 142, 410, 605, 618. Imperial Co. v. Webb, 1-CXCV. Independence Co. v. Knauss, 5, 387, 694. Independent Co. v. Baldwin, 399.

v. Levelle, 31, 261, 468, 618, 689, 768. V. T. B. Smith Co., 1173. V. U. S., 96, 376. Independent Lode, 623. Indiahoma Refining Co. v. Wood, 899, 900. Indiana v. Miller, 1-CLXI.

Co. V. Gold Hills Co., 304. 309, 604, 655, 706. V. Christensen. 1012. V. McCrory, 965. Indian Co.. 1037.

Co. V. Schoenfeld. 399. Creek Coal Co. v. Calvert, 1-IV. Territory Co., 16. Inez Co. v. Kinney, 428, 650. Ingemarson v. Coffey, 310. 513, 750. Inglin V. Hoppin, 296.

Inimitable Co. v. Union Co., 1-LXXXII. In re Commissioners, 578. Kelso, 1-CLIV. Lathrap, 902. 954, 976, 1031a. Inspiration Co. v. New Keystone Co., 631. International Co., 350. 368. 443, 1065.

V. Decker Bros., 413, 827. Interstate Co. v. Clinton Co., 1153.

Oil Corp.. 1-XIII. 315, 429, 512, 650, 652, 757, 1068. 1103. Inyo Marble Co. v. Loundagln, 127. 135, 152. 227, 388a, 792, 795. 798. 806, Iowa Co. V. Blumer, 345. Ry. V. Bacon, 290. Ireland v. Chapman, 960. Irer v. Gawn. 902, 906. Iron Co. V. Campbell, 1-XXXI, 145, 188, 374, 441. 618, 683. 780. 792. 797, 914, 938. 1070. 1093. 1098a.: Appen- dix B. Form 44. V. Cheesman. 1-CLXXXV, 128, 142.

157, 554. 676. 915. V. Elgin Co.. 167. 890. 522. 533. 542.

674. 681. 717, 787, 789. 914, 1141.

V. Mike & Starr Co., 1-XVIII, 123,

152, 188, 882, 447. 694. 674, 781,

793, 916, 1070.

V. Murphy. 168. 605, 674, 762, 781.

V. Reynolds, 162, 691. 607, 781, 792.

793, 916. V. Sullivan. 674.

Iron King Mill Site. 809.

Silver Case. 916. Irrigated Valleys Co. v. Altman, 883. Irvine v. Marshall. 1131.

V. Tar bat, 326. Irwin, 11.

V. Phillips, 80. Isaacs V. Barber. <0.

V. DeHon, 261. 412, 776. Isom V. Rex Co.. 2-XXVII. 11. Israel v. Woodruff. 559. Issenhuth v. Robert Marsh Co., 1018. Ivanhoe Co. v. Keystone Co., 44 95, 316,

Jack Harvard Co., v. Continental Co., 410. Jackman v. Atchison Co.. 15. Jack Pot Claim, 542, 674, 785. Jackson v. Dines, 3. 353, 392, 705. V. Hathaway, 627b. V. Hooper, 902. V. Jackson, 385, 1029. V. McFall, 352 ; Appendix B, Form

V. Prior Hill Co., 704. V. Roby, 1-LXXVI, 189, 300, 312, 382, 345, 346, 347, 475, 486, 488, 615, 716, 752. V. Stoetzel, 1146. V. Trullinger, 1-CXCI. V. Twin States Oil Co.. 831, 956. V. U. S. 345. 632. V. White Cloud Co.. 1-XLIII. Jacob V. Day, 85. 206, 624. 625. 626, 937.

V. Lorenz, 80, 314, 684, 945. Jacobson v. Bunker Hill Co., 1130. Jahnke v. Jahnke, 642. James v. Germania Co., 1-CLXI V, 262, 338, 376. v. Krook, 472, 485. Jameson v. Chanslor-Canfield Co.. 664, 830, 955, 1152. V. James, 53, 99, 108. 375, 926. Jamestown v. Penn. Gas Co., 419. Jamison v. Graham, 1172c. Jantzen v. Arizona Co., 689, 776. Jaw Bone Lode v. Damon Placer. 188.

607, 792. Jaybird Co. v. Weir, 16, 690. J. B. Gathright Co. v. Begley. 1121. Jeems Bayou Club v. U. S., 390, 943. Jefferson Co., v. Anchoria Leland Co., 143. 363. 545. 742. 932. V. Leland-Jefferson Co.. 672. Jtffer.son-Montans Co., 1-CLXV. 591, 594,

598, 674, 740, 781. Joffersonville Co. v. Bowen, 398. Jeffords v. Young. 338. /effrey Co. v. Mound Co., 560, 641. ,j .Ml kins V. Boyd, 642. v. Johnson. 11. V. Williams, 963, 990. Jennings v. Rlckard, 749. 908. 910. 912. V. South Carbon Co., 962, V. Wood. 23. Jennings-Heyward Oil Co. v. Houissere-

Latreille Oil Co.. 659. Jennison v. Kirk. Preface. 80, 84, 299.

305a. 314. 692. Jens Marie Oil Co. v. Rixse, 963. Jessie's Heirs. 261. Jewel Co. V. Watson. 1159. Jewell V. Trilby Mines. 385, 1029. Jewett V. Dringer, 390. Jim Butler Co. v. West End Co., 1-XV. 78. 141. 623. 592. 673. 674, 685a. 715, 763, 784. 1141; Appendix B, Form 50. J. M. Guffey Co. v. Murrel. 1-XCVI,

2-XX, 11. Job V. Potton, 887, 1003, 1168. Joerger v. P. G. & E. Co., 81.

Table Op Cases

(References are to sections)

Johanson v. Washington, 94.

V. White, 600, 731, 782, 1101. John V. Elberta Co., 991, 992. Johns V. Marsh, 281.

Run Co. V. Little Fork Co., 1159. Johnson, 1-CXXIII, 1-CCII, 258, 720, 786.

V. Armstrong, 975.

V. Butte & S. Co., 1-XXVI.

V. California Lustral Co., 1-XCVI, 11. 594.

V. Clark, 105.3.

V. Ehrgott, 381.

V. Hall. 401.

V. Hinkel. 313, 517.

V. Hurst. 709.

V. Johnson. 226.

V. Kaeser. 1173.

V. McLaughlin. 300. 309. 311.

V. Munday, 346.

V. Nevada Co.. 385.

V. Riddle. 108.

V. Standard Co.. 417, 1029, 1124.

V. Silver King Co.. 1-IV.

V. Smith, 825.

V. Sultan Co.. 648.

V. Towsley. 211. 262. 376. 942.

V. Withers. 1-CXXX. 1-LXI. 11. 1125.

V. Young. 428. 496. 699. 737.

G. S. & Co. V. Nev. Packard Co., 416. Johnston v. Morris. 94, 227.

V. Standard Co., 385. Johnstone v. Robinson. 778. Jones, 225.

v. Arthur, 731.

V. Aztec Co., 10, 11, 57.

V. Casey-Hedges Co., 291.

V. Clark, 894. 900.

V. Con. Anthracite Coll.. 324.

V. Coulter, 428.

V. Driver, 282.

V. Florida Co.. 628.

V. Forest Co.. 2 -XL

V. Jackson. 11. 221. 222.

V. Jeanney. 191.

V. Pacific Co., 355.

V. Patrick. 1133.

V. Peck, 1-XL 387. 495. 574.

V. Pier, 664, 954, 996, 1031a.

V. Prospect Co.. 136, 186. 393, 674. 715. 781. 914. 919b. 1117.

V. Robertson. 79. 196. 648.

V. U. S.. 628, 779.

V. Wagner. 321. 1143.

V. Wild Goose Co., 22. 188. 390, 522. 719. 1099. 1140. Co. V. Cardiff Co.. 750a. H. B., Co. V. Mays, 967. Jordan v. Duke. 512, 653. 707.

V. Myers. 565. 828.

V. Schuerman. 747. Jorgenson v. McAllister, 4. 96. Joring V. Hariss. 902. 904. Jose V. Utley, 431. 537. 591, 732. Joseph V. Davenport. 898. Joslin Co. V. Providence. 636. Joyce V. Dyer. 1157. Joyner v. Kingsbury. 874. Jualpa Co. V. Thorndyke. 4. Juanita Lode. 941.

Judson V. Los Angeles, etc.. Gas Co.. 1017. Julian V. Gold, 1055.

Corp. V. Courtney Co., 901. 904. 990. 1011. 1153. Junction Co. v. Pratt. 1019. Juno Claims. 236. 462. 468. 1063. 1080. Jupiter Co. v. Bodie Con. Co.. 1-XC. 1-CXVIL 5a. 161. 300. 307. 472. 488. 521. 592. 651. 696, 752. 781. Jurgenson v. Diller. 822. Justice Co. V. Barclay, 140, 312, 387, 428, 478, 650, 676, 677, 752, 1106.

V. Lee, 1-XLIII, 374, 926.

V. Plank. 399.

Kahn v. Central Smelting Co., 891. 897.

V. Old Tel. Co.. 684. 914. 932. Kail V. Carruthers. 632. 648. Kamper v. Chicago. 640. Kanawha Co. v. Wenner, 823. Kannaugh v. Quartette Co., 368. 452. 1081. Kansas v. Colorado. 37. 628.

City Co. V. Clay. 49. 311. 373. 612.

V. Sevier Co., 628. Co. V. Prowers Co.. 1148. Karrick v. Hannaman. 902. Katenkamp v. Union Co., 386a. Kauffman v. Griesemer, 647. Kavanaugh v. Flavin. 385. Kay & Kiowa Oil Co. v. Moore. 1021. Kaye v. Jacobs, 385. K. C. L. Co. V. Moores. 55. Kean v. Calumet Land Co.. 226, 261.

V. Canal Co.. 229. Keane v. Thos. B. Watson Co.. 823. Keech v. Sanford, 904. Keechi Co. v. Smith. 2-XXIII. 966. Keeler v. Trueman, 481, 568, 776, 1111. Keely v. Ophir Co., 147, 390, 393, 446, 558,

Keene v. Cannovan. 434. Keeneshaw v. Friedrich. 1139. Keller v. King. 874. Kellert v. Rochester Co.. 321. Kelley v. Boettcher. 385. V. Hardwick. 955. V. Kingsbury, 296, 874. V. McNamee. 897. Kellogg V. King. 386a, 387. 390. Kelly. 320.

V. Butte. 410. V. City, 1-CXVI. V. City of Butte, 580. V. Harris, 955. V. Keys, 954. V. McDonald, 1016. V. Ohio Co., 11. V. Owens, 1123. V. Parker, 840. V. Phillips Co., 968. Kelsey v. Crowther, 414, 831. Kelvin Co. v. Copper State Co., 1-CXXXI,

Kemble v. Kemble, 1165. Kemp V. Barr Co.. 2-XVII. Kendall v. Bunnell, 1-CLVL 15, 610.

V. San Juan Co., 20, 308, 309, 315, 34 8, 368, 706, 1092. Kennedy v. Beets Oil Co., 891, 897. V. Crawford, 2-V. V. Dickie, 262. V. Hicks. 2-XV, 14, 208, 954. V. Kingsbury, 874.

Co. V. Argonaut Co., 542. Kent V. Costin, 889. Kentfield v. Hayes, 379. Kentucky v. Keystone Co., 11.

Co. V. Kentucky Co., 1-XLVIII. V. Sewell, 584, 585, 1147. Keppler v. Becker, 346. Kerlin v. West, 392. Kern Co., l-LVH, 945.

County V. Crawford, 690, 691. 780. Oil Co., 714.

Oil Co. V. Clarke. 11, 609. V. Clotfelter, 11, 598, 740. V. Crawford, 521, 524, 721; Appendix B, Form 53. River Co., 80, 85.

Sunset Co. v. Goodroads Co., 1000, Kerns v. Lee, 927. Kerr v. Day, 1053.

V. Milatovich, 1-LXXIV, 668, 670. V. Reed, 1173. Kershner v. Trinidad Co., 807, 811, 812.

Table Of Cases

(References are to sections)

Ketcham v. Oil Fields Co., 1173.

Ketchum Co. v. Pleasant Valley Co.. 332,

424, 586. 633. Key V. Big Sandy Co., 2-IV. Keyes v. Nims, 901, 902, 905. Keystone Co. v. Nevada, 110a, 729. Key Stone Mill Site. 807. Kidd V. Borum, lir,5. Kidwell V. Gen. Pet. Corp., 14, 1151a. Kift V. Mason. 188. 804, 831. Kjler V. Wohletz, 1055. Kimball v. McXee. 226. Kimberly v. Arms, 888. Kimbley v. Luckey. 2-XV, 2-XVI. 11. Kinder v. Scharff, 336.

King V. Amy Co.. 1-LIII, 1-CLXV. 1- CLXXXV. 125, 172, 390, 527, 546, 593, 718, 781, 789, 1141, 1165. V. Bradford. 11.

V. Edward. Preface. 1-CXI, 300. V. La Grange. 386a. V. Lam born. 1127,

V. McAndrews 20, 288, 510, 593, 929. V. Mullins. 11. 392. V. Thomas, 345, 772b. V. Wilson, 416. -Rider Co. v. Scott, 55. Solomon Co. v. Mary Verner Co.. 1-LXXXII. 582, 701, 736. 1152. Kinp:.=;ton v. Lehigh Valley Co., 402. Kinkade v. California. 97, 228. Kinnaird v. Standard O. Co., 1021. Kinnard v. Ward, 396. Kinney, 20, 315. 429. 520, 650. V. Coastal Oil Co., 612. V. Con. Va., Preface. V. Fleming. 4, 430. V. Lundy, ♦'.9.3. V. Van Bokern, 241, 457. -Costal V. Kieffer, 44. Oi) Co.. V. Kieffer, 378, 802. Kin.ell v. Thomas. 414. Kin.sley v. New Vulture Co., 485. Kipp V. Davis. (\"1.

V. Reed, 457. Kirby v. Higgins. 346.

V. Potter, 198, 258. Kirchner v. Smith, 888. Kirk V. Mathier, 830.

V. Meldrum, 347, 591. 699, 722, 1102. V. Ol.son, 1-XXIX, 55, 261, 288, 511, Kirkham v. Moore, 1152. Kirkpatrick v. Baker, 1029, 1154 T.. Curtis.s, 483. 484, 485, 532, 650, 747 KlrhckH V. Texas Co., 987. Kirwan v. Murphy, 229, 288. Kish v. California Ass'n, 1-XLIV. Kister Co. v. Young, 975. Kittilsby v. Vevelstadt, 895, 904, 1154. Kittredge v. Race, 574, 575. Knl.sberg v. Childberg. 393. Klauber v. Higgins, 925. Kleebauer v. Western Fuse Co., 648. Kleesettel v. Orr. 899. Klopsch v. Donald, 648. Kline v. Guaranty Oil Co., 954. V. Lange, 408a. V. Slater, 811. V. Wright, 474, 1154. Klopenstlne v. Hays, 512, 651. Klumpke v. Henley, 1152. KnaggB v. Cleveland Co., 385. Knapp. 96. 101, 108.

V. Alexander-Edgar Co., 66. (Sewall A.), 96, 286. Knarston v. Manhattan Ins. Co., 668. Knickerbocker v. Halla, 498, 604, 662. Knight V. Cecil, 905.

V. Chesapeake Co., 402.

V. U. 8. Land Association, 229, 261,

372. 467, 925. V. Lawrence, 844.

Knoke v. Knight, 384.

Knudsen v. Omanson, 1-CCII.

Knutson v. Fredlund, 308, 472, 512 650

G52, 73S. Koblich v. Larson, 415. Kohl v. U. S., 346, 628. Kolachney v. Galbreath, IG. Kolley v. Robinson, 1-CLXXVIII. Koons v. Bryson, 1106.

Kothe, Trustee, v. R. C. Taylor Trust. 1016. K. P. Mining Co. v. Jacobson, 417. Krail v. U. S., 18. Kramer v. Settle, 778.

V. Schmidt, 1053. Krekeler v. Ritter. 425. Kreps V. Brady, 1-XCVI. 2-XX. Kripp V. Curtis, 627a, 627c. Krost V. Moyer, 840. Krueger v. U. S., 731.

Krushnic. 316, 347, 429, 488, 520, 650. 654.

V. West, 1-XIII. Knitzfeld v. Stevenson, 656. Kuhn V. Fairmont Co., 1144.

V. Jewett, 1012, 1023.

Lacey v. Woodward, 512, 650. Lack V. Robineau. 419. Lackawanna Placer, 1061. Ladda v. Hawley, 1-CXXIV. Laesch v. Morton, 1158. La Grande Co. v. Shaw, 781. Laguna Land Co. v. Greenwood, 415. Lake v. Doherty, LXXXIX. v. O'Brien, 420. Superior Mines v. Lord, 16. Lakin v. Dolly, 307, 373, 785, 925. v. Roberts. 423.

v. Sierra Buttes Co.. 1-IIL 376. 428, 429, 444, 507, 512, 650, 772, 942, 1154. Lalande v. McDonald, 188.

V. Townsite, 49, 919. Lamb v. Goldfield Co., 825. Lamborn v. Bell, 37. Lamont v. Reynolds, 888. Lancaster v. Coale. 346, 387, 442. 448 512 752. 1103, 1120. V. Kathleen Co., 382. Land Co. v. Dickerson, 229. Landes v. Brant, 586. Landheim, 81. L. & N. Co. v. Wood, 398. Landon v. Public Utilities Co., 2-XXIL

Landregan v. Peppln. 359, 409. Landsdale v. Smith, 385, 1029. Lane Case, 31.

Lane v. Cameron, 1-LVIIL 261, 320, 347, 367, 780. v. Darlington, 229, 288. v, Hoglund. 296, 337, 1091. V. National Ins. Agency, 1-LXVII,

901, 904. v. Watts, 25, 609. Laney, 48, 612.

Langabaugh v. Anderson, 648. Langdon v. Sherwood. 921. Lange v. Robinson. 1-CLXV. 131, 187, 281,

345, 384, 591. 783, 1100. Langley v. Devlin, 1170. Langtree v. Spring Mt. Acres, 684, 686. Langwith v. Nevada Co., 462. Large Oil Co. v. Howard, 1037. Largey, 188.

v. Bartlett, 584, 749, 772, 904. Larkln v. Upton, l-III. 150, 168, 592. 676, 730, 781 ; Appendix B, Form No. 46. Larned v. Hill, 919.

v. Jankins, 46, 173, 612. Efci Roque v. U. S., 881.

Table Of Cases

(References are to sections)

Last Chance Co. v. Bunker Hill Co., 1-

Cxiv, 154. 168, 173, 300, 306. 521,

527, 552. 593. 655. 706, 716. 1118. V. Tyler Co. l-III. 1-LVII. 53, 167, 234,

347. 352, 433, 441, 444, 445, 552, 555.

623. 684. 730, 789. 922. 1081. 1141. Las Vegas Co. v. Summerfleld, 581, 735,

Latham, 1076.

V. City of Los Angeles, 438. Lattig V. Scott. 227. Laudigan v. Mayer, 565. Laughton v. McDonald, 414. Lavagnino v. Uhlig, 1-IIT, 188, 271, 326,

342, 382. 436, 443, 584, 594, 715, 747,

779, 1115, 1165. La very v. Mid-Continent Co., 2 -XXVIII,

Law V. Fowler. 4, 326. 512. 593. 652. 746.

V. Heck Co.. 1158. Lawrence v. Robinson, 900. Lawson v. Price. 1021.

V. U. S. Co.. 1-LVII. 126, 281, 382, 440,

441, 546, 593, 684, 685b, 781, 929,

932, 938. 1096, 1140. Mine, 486. Layman v. Ellis, 8. 11, 715, 715a. Loach V. Pierson, 295. Leadvill.? Co. v. Fitzgerald. 138, 158, 554,

Leak v. Colburn, 416, 417. Leath v. Benton, 1153. Leavenworth Co. v. U. S., 1-CLXIV, 20. Lebanon Co. v. Con. Republican Co., 424,

582, 1034. Le Clair v. Hawley, 22. Leder Lode, 450. Ledoux V. Forester, 1-XC. 521. 778. 719.

Lee V. Ellis. 902.

V. Johnson. 108, 289, 339, 375, 376,

V. Stahl, 147, 149, 446. 680, 915. Doon V. Te.sh, 346, 568. Wilson & Co. V. U. S.. 336. Leedy v. Lehfeldt, 513, 750. Leeper v. Lemon G. Neely Co., 960. LeFevre v. Amonson, 297, 1112. Lefflngwell, 271.

V. Bradford, 584. V. Warren, 336. Legatt V. Stewart, 522. Legoe V. Chicago Co., 750. Lehigh & Wilkes-Barre Co. v. Pittston Co.,

Co. V. Searle & Stark, 834. Valley Co. v. Wasko, 1-CLVIII. Lehman v. Sutter, 368, 433, 513, 559, 650,

715, 1163. Leigh V. Independent Co., 80. Leiser v. Brown, 80. Leland v. Townsite, 109 8d. Le Marchal v. Tegarden, 262, 376. Lemie v. Barry, 1060a. Lemore v. Fermin, 627a. Ive Neve Mill Site, 809, 1075. Lenfers v. Henke, 405, 1165. Lennig, 84, 807, 1069. Leonard v. Caruthers, 955.

v. Lennox, 53, 227, 261, 1072. V. Prater, 965. lieoni V. Quinn, 825. Leovy v. U. S., 195. Lopper V. Ratteree, 1123. Le Quime v. Chambers, 80. Le Roy v. Wright, 399. Lesamis v. Greenberg, 897. Lesh V. Tamarack Co., 1-XXIV. Lessard, 198. Lessig, 814.

Letcher v. Maloney, 1012. Letter, 1-CLXIV.

Levaroni v. Miller, 222, 632, 649. Leviston v. Ryan, 388a, 938. Iwey Co. v. Frick Co., 402. L. E. White Co. v. Mendocino, 297. Lewin v. Telluride Co., 1-LXXVI. Lewis V. Carr, 1-LXXXIX, 389, 483, 650, V. Eri Co., 290. V. Garlock, 40. Liberty Bell Co. v. Smuggler-Union Co., 72.

390, 410, 682. Lichtenberg v. Burdell, 385. Lichtenberger v. Newhouse, 1152. Lidda Claim, 586, 924. Lieber v. Ouachita Co., 1000. Light v. U. S., 30, 32, 98. Lightner Co. v. Court, 1093.

V. Lane, 106, 325, 391, 559, 978, 1056. V. Superior Court, 297, 375, 386a, 412, Liles v. Barnhart, 402.

V. Producers Oil Co., 402. Lillibridge v. Lackawanna Co., 1-XXIII. Lillis v. Clear Creek Co., 1-CV.

v. Urrutia, 3. Lily Co. V. Kellogg. 346, 442. Lima Oil Co. v. Pritchard, 986. Lincoln v. Rodgers, 222.

Co. V. Big Sandy Co., 85. V. Hendry, 390. Placer, 233. Lindblom v. Rocks, 586. Lindemann v. Belden Co., 823. Lindlay v. Raydure, 990, 1000. Lind.'ey v. Wright, 1053. Lindsley v. Carbonic Gas Co.. 1042. Lingren v. Shuel. 731. Linn & Lane Co. v. U. S., 336. Lish v. Roff, 292.

Litchfield v. Reg. & Rec, 288, 296. Little v. Morris, 347.

v. Williams, 78, 201.

Dorrit Co. v. Arapahoe Co., 389, 428,

Giant, 355.

Gunnell Co. v. Kimber, 42, 481, 512,

Josephine Co. v. Fullerton, 149, 627c,

Pauline v. Leadville Lode, 618. Pete Lode, 255.

Pittsburg Co. v. Amie Co., 583, 602. v. Little Chief Co., 390, 559.

Sespe Co. v. Bacigalupi. 384. 538, 734, 772a, 1101. Lively v. American Co., 1-CLXII. Livermore v. Beal, 383, 384, 386a, 388a,

1103, 1112 ; Appendix A, p. 630. Livingstone v. Rawyards Co., 390. Lloyd V. Catlin Co., 2-XXVII, 401, 1143.

Co., 236. Tx)cke V. Russell, 2 -VII, 974. Lockhart v. Farrell, 271, 348, 592.

V. Johnson, 309, 433, 444, 507, 652, 706,

749, 778, 1154. v. Leeds, 25, 392, 444, 699, 749, 777,

904, 1108, 1130, 1152. V. Rollins, 300, 472, 749, 904. V. Washington Co., l-CXXXVH. 749, 772, 909, 1154; Appendix B, Forms No. 7 and No. 44. V. Wills, 25, 309, 601. 731, 1154. Lockwitz V. Larson, 49. Lockwood, 457. Locust Mountain Coal & Iron Co. v. Gorrell,

Loeser v. Gardiner. 428, 521, 764. Logan, 78, 192, 874. v. Davis, 289. V. Guichard, 1-CV.

Co. V. Great Southern Co., 975. Lohmann v. Helmer, 347, 581, 776. Loibl, 198.

Table Op Cases

(References are to sections)

Lonabaugrh v. U. S., 914, Londonderry Co. v. United Co., 4, 687, 693 Lone Acre Oil Co. v. Swayne, 1161. Dane Co., 604.

Jack Co. V. Megginson, 371a, 568, 776 Pine Co. V. Insurgent Co., 402. Star Co. V. McCullough, 2-XXIX. Lonergan v. Shockley, 1062. 1080. Loney v. Scott, 11, 88, 376. Long V. Foley, 1-CLXXIV. 2-IL

Beach Co. v. Richardson, 196. Longmire v. Smith, 1-CV. Longshore Co. v. Howell, 1-CLXXVIIL Longtin v. Persell, 648. Lord V. Carbon Co., 79, 196, 321, 647. Lorentz v. Rousseau, 420. Lorenz v. Jacob, 629.

V. Waldron, 1-XXIX.

Los Angeles v. Duncan, l-LxXXIX.

V. Hyatt, 636.

V. San Pedro Co., 259.

Co. V. Thompson, 1096.

Oil Co. V. Occidental Oil Co., 414. Losee v. Buchanan, 648. Loucks V. U. S., 259. Louisiana v. Garfield, 336.

Co. V. Kendall, 1028. V. McAdoo, 296. Louisville Co. v. Hayman Co., 460. Love V. Flahive, 261, 267.

V. Mt. Oddie Co., 472, 486, 488, 656, Lovelace v. S. W. Pet. Co., 1-XCVIII, 11,

Lovely Claim, 73. Lovrall v. Beverly, 1006. Low V. Court, 1148.

V. Katalla Co., 115, 297, 349, 445. Lowe V. Dicksen, 592. Lowell, 313.

Lowrey v. Cowles Co., 1-CLXXIII. Lowry v. Silver City Co., 662, 740, 904.

Co. V. Bennett, 1153. Lowther Co. v. Miller-Sibley Co., 2-XXIII. Loy v. Alston, 888. Lozar v. Neill, 347, 361. Lucas V. Ashland Co., 37. Lucky Find Claim, 1084. Find Placer, 663. Four Co. V. Bacon, 368. Lulay V. Barnes, 1118. Luman v. Davis, 882. Lux V. Haggin, 84. 198. 300, 1116. Lyle V. Pater son, 731. Lyman v. Schwartz, 890. Lynch v. Davis. 982.

V. Lower Yakima Co., 85.

V. U. S., 103, 282. Lyon V, Union Co.. 975. Lysaght v. Lehigh Co., 1-V.

M

MacPherson v. West Coast Co., 398.

McAllister v. Hutchinson. 431. 589. 1130.

McAuley v. Brockway Corp-i 425.

McAvoy v. Hyman, 737.

McBeth V. Wetnight. 1146.

McBride v. Farrington, 23.

McBrown v. Morris, 1-CLXXXVIII, 386a.

McCann v. Chasm Co.. 640.

V. McMillan. 1-CXI, 4, 428, 614, 525. 706. 744. McCannon v. O'Connell, 390. McCarthy. 914. 937.

v. Bunker HlII Co.. 196. 222, 899.

V. Gaston Rldare, 79.

v. Phelan, 763, 786.

V. Spd, 188. 428. 447, 607. 688, 618, 621. 661. 732. 792, 1162.

Mccarty's Estate, 16. Mccarty v. Helbling. 914. McCauley v. Brooks, 296.

V. McKeig. 399. McCharles v, Roberts, 286. McCleary v. Broaddus. l-III, 304, 521, 618,

691. 759. 1140, 1152. McClendon v. Busch-Everett Co., 644, 838. McClomber v. Kellerman, 1020. McClung V. Paradise Co.. 206, 825, 1059. McClure v. Colyear, 1152, McClurg V. Crawford. 415. McCombs V. Stephenson, 2-XIV, 11. McComish v. Kaufman, 1136. McConaghy v. Doyle, 152, 607, 793. McConnell v. Day, 938.

V, Redd, 562.

V. Wilson, 386a. McCord V. Oakland Co., 1-CC, 401, 1003.

V. St. Joseph Co.. 1021. McCormick v. Baldwin. 1-XIII, 429, 486. 488. 653,

V. Hayes, 262.

V. Marcy, 1152.

V. Parriott. 493.

V. Varnes, 544, 938. McCornick. 255. 472. McCowan v. McClay, 1-VIII, 307. 326, 343,

688. 732. 1119. McCrary, 781. McCraw v. Lakln, 1-CXIV, McCreery v. Haskell, 96. McCullagh V. Rains, 883. McCuUoch V. Murphy. 1-CXXVn, 307. 389. 428, 478, 489, 495, 650, 687, 753, 778. McCullom V. Christy Co., 642. McCullough V. Lane, 286. McCune v. Essig, 1131. McDaniel v. Moore, 508, 1159. McDermid v. McGregor, 1053. McDermott Co, v, McDermott, 424, 749, McDonald. 187.

v. Dees, 1033.

v. Edwards, 66.

V. Fox. 1117.

v. Hartman, 470.

V. Huff. 1057.

V. McDonald, 429, 481. 1103.

V. Montana Wood Co., 1-XXII, 189, 472. 487. 606. McDougall V. Bell. 296. McElligott V. Krough. 522. 591. 674. 719.

McEvoy V. Hyman. 4. 530. 699.

V. Megginson. 476, 568. McFadden v. Federal Comm.. 296.

V. Mt. View Co., 1-CL, 15. 241, 292, 315, 346, 457. MrFadyen, 76, 213. 606. McFall V. Arkoosh. 32.

McFarlain v. Jennings-Hayward Co.. 1021. McFarlajid v. Alaska Perseverance Co., 80, 945,

V. Gulf Co,, 968.

V. Idaho. 58,

V. Walker. 581. McFeters v, Pierson, 1-CX, 67, 188. 392. 716. McGahey v, Oregon King Co., 909, 910. McGar v. Bristol, 398. McGarrity v, Byington, 309, 485. 622. McGehee v. Curran. 1133. MrGllvra v. Ross, 628,

McGinnls v. Egbert. 307. 360. 495. 532. 602. 650, 706. 735. 769 ; Appendix B. Form 49,

V. McGinnls, 1134. McGlenn v. Wienbrocker. 11. McGlory. 914. MrCfOon v. Scales. 1084. McGowan v. Alps Co.. 468. 788. 922.

V. Bailey. 1161. McGrath v. Kaelln. 411. McGraw v. Lakin. 1-CI. 16. 1087. Co. V. Kennedy. 2-L

Table Op Cases

(References are to sections)

McGuire v. Brown. 1-LVII, 85, 314, 390,

626. 627(1. Mclnerny v. Allebrand, 11, 189, 384, 707.

731. 760. 768. Mclntire v. Allebrand, 684.

V. Westmoreland Co., 391. Mcintosh V. Price. 4, 384, 522, 697, 731.

V. Robb. 836, 988. Mclntyre v. Thomason, 985. Mclntyres' Admr. v. Bond, 976. McKay v. Kelly. 891. V. Kilcrease, 979. V. Lucas. 979. V. McDouall, 300, 392, 429, 478. 512.

650. 758. V. Mesch. 1-IIL 607. 916. V. Neussler. 389. 491. 650. McKean v. Gordon, 470.

on Co. V. Walcott. 954, McKee v. Grimm, 975.

V. Higbee, 415. McKeever v. Westmoreland Co., 833. McKenzie v. Coslett, 909.

V. Moore. l-IIL 314, 537, 592, 731, 1104. V. Murphy. 1053. McKeon v. Bisbee, 1110. M'Kevitt V. City of Sacramento, 4. McKibbin v. Brown, 415. McKinley v. Feagins. 960.

V. Wheeler, Preface, 1-XXX, 15, 311, 773.

Creek Co.. v. Alaska United Co., 3, 199, 521, 568, 764, 776. V. U. S. Co., 691. McKinney v. C. K. G. Co., 2 -XV. McKinstry v. Clark. 593. McKirahan v. Gold Kinsr Co., 389. 488, 752. 'V-<-ittrick Oil Co., 1-XLIII, 1-CLVII. 775. MrKnierht v. El Paso Co., 495, 496, 512, 653. V. Manufacturing Co.. 2-XII, 830. McLaren v. Fl&i.. 261. -r .„o-viiin V. Bardsen, 1-XLVL

V. Thompson. 1-TII, 783, 909. 910, 912. V. U. S.. 372, 927. McLef>n v. r]i*r,r 1104. ' Trishi, 2-XXIII.

V. Ladewig, 1-LXXXIX. 3 4, 5a, 327, 410, 536. 582, 693, 733. McLemrf v. Oil Co.. 1 -XITI, 2-

XVIT. 187. 389, 485. 593, 731, 1099. McLihinney v. Ficke, 345. McMahon v. Meehan. 778, 8'88, 907, 913a. McMaptrs. 454.

if-T\Tpop>ien V. Hitchmpn Coal Co.. 196. cnfMin V. Philadelphia Co.. 961. McMillan V. Verriirn rn.. 349. 602, 60" "U. 689. 757, 761. 781. b 235 722. mpp V.' Williams. 897.

V. Sunburst Co., 2-XXIIa. 983. 'r.- V. Donahue. 96. McNeece v. Wood. 664. V. McNeese, 1129. McNeil V. First Society, 1152. V. Kingsbury, 15. V. Pace. 519, 663. McNutt V. Whitney, 993. McPhail V. Nunes, 384. McPherson v. Empire Co., 994, 998.

V. Julius, 4, 522, 719, 1142. McQuillan v. Tanana Co., 67. McShane v. Kenkle, 1-XLV, 387, 592, 594,

McWhorter v. McWhorter, 1159, 1165. McWilliams v. Excelsior Co., 402.

V. Winslow, 361, 730. Maas V. Lonstrof, 904. Mabel v. Pearson, 392, 399.

Lode, 807. Mabry, 53.

on rehearing, 320. Mack V. Mack, 778, 1133. Mackall v. Casilear, 385, 1029.

Mackay v. Fox, 368, 444, 1174.

Mackey Wall Plaster Co. v. U. S. Gypsum

Co., 416, 978, 1053. Mackie, 457.

-Clemens Co. v. Brady, 1-LI. Madar v. Norman, 401, 888, 1005, 1153. Madden v. Hall, 1115.

V. Leheigh Co., 323. Madeira v. Sonoma Magnesite Co., 1-XC,

4, 521, 687, 719, 1140. Madigan v, Kougarok Co., 115, 200. Madison v. Octave Oil Co., 1-XVIII, 1-C, 10, 49, 184, 472, 478, 505, 596, 650,

Claim, 1173. Placer Claim, 350, 448. Madras Co. v. Zemmindar, 648. Maffet V. Quine, 85. Magnolia Co. v. Akin, 1152.

V. Connellee, 1152.

V. Price, 96,

V. Saylor, 957. Magoffin V. Holt, 1053. Magruder, 923.

V. Belle Ass'n, 399.

V. O. & C. Co., 227. 281, 618.

V. Oregon Co., 1-XLVII, 45, 594, 688, Mahaffey v. McNicholl, 398. Mahogany Claim, 95. Mairo v. Yellow Co., 360. Malaby v. Rice, 376, 444, 1154. Malcolm, 201.

Malcomson v. Wappoo Mills, 14, 195. Maleck v. Tinsley, 616, 758. Malloy, 1078. Mallett V. Taylor, 648.

V. Uncle Sam Co., 300, 431, 688, 759, Malone v. Jackson. 1-CXXIV, 478, 756, Co.. 90.

V. Big Flat Co., 2-VI, 641. Maloney v. Adsit, 360.

V. King, 393, 399, 559, 938. Maloon v. Read, 392.

Mammoth Co. v. Grand Central Co., 521, 553, 678.

V. Juab County, 16. Mandeville v. Solomon, 904, 1157. Mandle v. Gharing, 1033. Manhattan Co., 704.

V. Carrell, 2-XXIII.

V. White, 1159. Manly v. Boone, 405, 1165. Mann v. Budlong, 486.

V. Mann, 343.

V. Tacoma Co., 78, 191. Manners Co., v. Rees, 35*. Manning v. Kansas Co., 1115.

V. Strehlow, 348, 360 ; Appendix B, Form 49. Manson v. Dayton, 1-CLV, 561. Mantle v. Noyes, 793, 919a. Manual v. Wulff, 1-XII, 1-XXX, 347, 371a,

382, 386a, 568, 574b, 773. Manufacturers' Co. v. Indiana Co., 2-XI. Manufacturing Co. v. Dawson, 572.

V. Moses, 390. Manville v. Parks, 893. 908. Marathon OU Co. v. West, 319. Marble Co. v. Ripley, 414. Marburg Lode. 1-LVII, 280, 452, 476, 663,

1084, 1086. Marco Island, 231. Marcus V. Gray, 113, 320. Mares v. Dillon, 306, 346, 347, 688, 764, 780. Marias v. Big West Co., 2-XXIII, 11.

Syndicate v. Big West Oil Co., 1159. Mark v. City of Buffalo, 578. Marker v. Williams, 562. Marks v. Gates, 415, 907. Marquart v. Bradford, 425, 484.

Table Of Cases

(References are to sections)

Marquette Co. v. Oglesby Co., 2-XXVII,

14 321 583 1139 Marquez'v. Frisbie, 262,' 285, 289, 412. Mars V. Oro Fino Co., CXLIII, 347. Marsh v. Inland Co., 629, 631. Marshall v. Harney Peak Co., 4, 309, 310, 428, 429, 688, 692, 759.

V. Holmes, 338.

V. Mel wood, 648.

Co. V. Kirtley, 346, 353, 442, 1120. Martel v. Jennings-Heywood Oil Syndi- cate, 1161. Marthinson v. King, 414, 1053. Martin, 1-CLXIV, 116.

V Bartmus, 289, 386a, 734.

V. Burris, 900, 902.

V. Clem, 904.

V. Danziger, 399.

V. Morgan, 1053.

V. Porter, 390.

V. Walsenburg Co., 1-XXIII. Assignee, etc., v. Smith, 337. Co. V. Robb, 567a. Marvale Oil Co., 2-XXIII. Marvel v. Merritt. 1-CXXVIII, 1-CLIV. 11. Marvin v. Brewster Co.. 321, 1146. Mary Darling Claim. 235, 524, 721. Mason v. Braught, 942.

V. Kellogg. 1155.

V. McFadden. 385. 44 4.

V. Mining Co., 916.

V. U. S.. l-LVII. 313, 315. 390, 724, 841.

V. Wa.shington-Butte Co., 1-CXL,VIII, 152, 320. 347,_ai9. 382. 448, 591. 674, 715. 771, 794, 802, 916, 1070, 1103. Massey v. Papin, 586. Massie v. Watts. 419. Mathews v. Ferrea, 345.

Slate Co. V. New Empire Slate Co.. 417, 831, 1053 ; Appendix B, Form Matoaka Co. v. Clinch Valley Co., 835. Mattes V. Hall. 1115.

V. Treasury Co., 446, 457. Matteson v. McCarty, 258. Mattlngly V. Lewisohn. 1-CXLIII. 389. 1156. Mattocks V. Gibbons, 907. Matulys v. Coal Co., 322.

V. Philadelphia Co.. 1144. Maud Co. V. Bodkin. 988. Mauldin v. Cox. 1118. Mauney v. Millar. 839. Maxwell v. Tod'l, 988.

Land Grant, 6, 338, 372. May V. Robert.". 385. Ma ye v. Yaopen, 390. Mayer v. Fitter. 385. Mayflower Co., 1061t Mayhood v. Letender, 425. May wood Co. v. Mavwood. 398. Mpa?her v. Reed, 778. 908. Mechaley. 470. Mechanics v. Coleman, 294.

V. Ryall. 399. Mecum v. Metz. 500. 581. 1155. Medley v. Robertson. 96, 610. Meehan v. Nelson. 415. Me*''' V. Clear .Tack Co.. 559. Me'klelohn v. Hvde. 1-CLIV. 7, 11. 186, 722 Melnerke v. Frasier. 359. MrcrbVe-Smith Co. v. Wardell, 91, 1040. Mell. 88.

Melrow Aventie. 778. Melton V, Cherokee Co., 969.

V. Imbard. 344. Memphis Co.. 355.

V. Archer, 1161. Menefee v. Oxman. 902. Menottt V. Dillon, 289. Mensel v. Primm, 1063. Mercantile Trunt Co. v. Sunset Road Co., 8S7, loss.

Merced Co. v. Fremont, 344, 392. Falls Co. V. Turner, 399. Oil Co. V. Patterson, 1-LXXXIV, 406, 431, 583, 606, 619. Merchants Bank v. McKeown, 347, 357,

387, 428, 485, 496, 659. Meredith v. Zinc Co., 11. Merk v. Bowery Co., 831, 978, 1053. -Smith V. Com. of Int. Rev., 16. Merriam v. U. S., 632. Merrill, 473.

V. Cal. Corp., 2-XVI, 1031a. V. Dixon, 95, V. Rockv Mt. Co., 1035. Merritt v. Judd, 1-LXXXV, 2-VI, 382,

641, 751, 1165. Mervyn Inv. Co. v. Biber, 901. Mery v. Brodt, 62, 99, 377, 422, 447, 715,

942, 10981. Mesich v. Tamarack Co., 1-CLXXVII. Mesmer v. Geith, 11, 95, 187, 372, 474,

650, 756. Messersmith v. Smith, 1152. Messinger v. Kingsbury, 78, 191. Metcalf V. Prescott, 1-LXVII, 5a, 693. Metson v. O'Connell, 296, 429, 783, 1113,

Mexican Co. v. Hyman, 289.

Gulf Co. V. Compania, 382. Oil Co. V. Compania, 954. Mexico-Wyoming Co. v. Valentine, 385,

Meydenbauer v. Stevens, 1-LXIII, 3, 123, 300, 383, 386a, 521, 605, 693, 763, 781, 1-112; Appendix A, p. 630; Appendix B. Form No. 45. Meyendorf v, Frohner, 929. Meyer v. Meyer, 1130.

Co. V. Steinfield, 6. Meyers v. Farquharson, 581.

V. Pratt, 1-XLVIII, 1-LXXX, 41, 594. V. Spooner. 705. Meylette v. Brennan, 778, 907. Michael v. Mills, 759, 781. Michalek v. New Almaden Co.. 830. 831,

881, 888, 954. Michigan Co. v. Rust. 261.

Pipe Line Co., 1028. Mickadiet v. Payne, 288. Mickle v. Douglas. 641, 967. Micklethwait y. Winter, 11. Midkiff v. Colton, 1033, 1145. Midland Co. v. Coon, 634.

v. Haunch wood Co., 1-XCVI, 11. V. Miles, 634.

Oil Co. v. Rudneck, 2-VI, 313, 317, 646, 920. v. Turner. 413. Midland Ry. v. Checkley, 11. Mid-Northern Oil Co. v. Walker, 1-

LXXXIII, 2 -XX. Midsouth Co. V. Cochran. 986. MIdwest-Butte Co. v. Butte West Side

Co.. 581, 583. MIehllch V. Tintic Co.. 486, 529, 531. 650.

692, 758. Mieklejohn v. Schultz. 57. Migeon v. Montana Co.. 121. 130. 591,

592. 916. 1070. 1175. Miles V. New York Co.. 1144. v. Pennsylvania Co.. 1144. Mllford Co.. 461. Mlliken v. Fredrickson. 893. Mlllan v. Bartlett Co., 1008. Millar v. Mauney. 1000. Miller, 1-CXCVIa. 11. v. Butterfleld. 909. V. Chester. 1-LI.

V. Chrisman. 1-XXII, 1-XXIX. 189, 304. 384. 430. 487. 490a. 521. 581, 699. 731. 772a. 781. 1105. 1163. V. Con Royalty Oil Co., 15, 383. V. Cox, 1068.

Table Of Cases

(References are to sections)

¥

V. Freeman, 899.

V. Girard, 594.

V. Grunsky, 1-LXXXIX, 930, 943.

V. Hamley, 430, 434, 594, 781, 1063,

V. Hodges, 1034.

V. Marchus, 229.

V. Modern Co., 416.

V. Scott, 1035.

V. Struven, 642.

V. Sooy, 954.

V. Walser, 895.

& Lux V. Kern County, 883.

Claim, 721.

Placer Claim, 534. Milliken v. Carmichael, 985. Mills V. Fletcher, 478.

V. Hart, 444, 749, 1154.

V. Hartz, 836. Milner Co. v. U. S., 372, 609. Milton V. Lamb, 273. Milwaukee Co. v. Ames, 1149.

V. Gordon, 699, 736.

V. Shea, 978, 1053. Minah Co. v. Brisco, 749. Minchew v. Morris, 2-XIX, 385, 1029. Miner v. Mariott, 450. Mineral Farm Co. v. Barrick, 468, 511,

922, 1089. Min. Lands, 11.

Minerals Separation Co. v. British Syn.,

V. Butte & S. Co., 1-CXXVL

V. Hyde, 1-CXXVI.

V. Miami Co., 1-CXXVI. Mining Claims, 1067.

Co. V. Spriggs, 486.

V. Tunnel Co., 780. Minium v. Minium, 1130. Minnekahta Mine, 57.

Minnesota v. Hitchcock, 1-LXXVIII, 15. Co. V. Brasier, 1115.

V. Hewitt, 1060a.

V. McGirr, 385, 1029. Minshall v. Berryhill, 1014. Mint Mill Site, 809. Minter v. Crommelin, 938. Miocene Ditch Co., v. Jacobsen, 91, 626,

V. Lyng, 91, 637. Miser v. O'Shea, 221, 222. Mission Claims, 941. Missoula Co. v. O'Donnell, 829. Missouri v. U. S., 15. Co., 14.

V. Early, 1134.

V. Weise, 345. Mitchell. 592.

V. Brovo, 464.

V. Cline, l-XLJH, 405, 724, 775, 1024,

V. Dabney, 1015.

V. Gray, 1053.

V. Hitchman, 1-CLXXVIII.

V. Hutchinson, 204, 525, 721.

V. Brobst, 1053.

V. Smale, 258. M. K. T. Ry. Co. v. Ragley, 354. Moflfat V. U. S., 938, 1094.

V. Blue River Co., 347, 430, 529, 600, Mohawk Oil Co. v. Hopkins, 16, 954, 1037,

Mohr V. North Rawhide Co., 1054. Mojave Co. v. Karma Co., 468, 1062. Monaghan v. Mount, 954. Monarch Co. v. Hunt, 645.

V. Richardson, 988. Monetaire Co. v. Columbus Co., 627, 630. Mongrain v. N. P. R. Co., 110a, 729, 807. Mono Fraction, 751, 941, 1142. Monongahela Co. v. Monongahela Co.,

Monroe Cattle Co. v. Becker, 376, 450,

Monster Lode, 483. Montague v. Dobbs, 1-XCV, 186.

V. Labay, 436, 743. Montana Co. v. Boston Co., 1-LXXXIX, 359, 400, 409, 542, 555, 583, 789.

V. Clark, 390, 393, 533, 594. 674, 717, 741, 789, 1139.

V. Migeon, 1-CLXV, 152, 374, 594, 607, 793, 927.

V. Montana Co., 581.

V. Northern Valley Co., 2 -VI.

V. Ringeling, 584, 779.

V. St. Louis Co., 249, 382, 392, 393, 395, 442, 542, 546, 555, 581, 674,

V. Warren, 635.

-Dakota Co., 627b. -Illinois Co., 807, 1075. Ore Co. V. Boston & M. Co., 290. Mont Blanc Co. v. Debour, 347, 455. Montgomery v. Gilbert, 54.

V. Pacific Electric Co., l-CLXXVIH. Montrozona Co. v. Thatcher, 831, 1053. Moon V. Rollins, 429. Moore, 729.

V. Decker, 967.

V. Greene et al. 337.

V. Hammerstag, 581, 773, 907, 1133,

V. Heandy, 296.

V. Heron, 414, 418.

V. Hope Co., 1-XXV.

V. Inott, 1057.

V. Jennings, 1030.

V. Jones, 1016.

V. Moore, 1171.

V. Ohio Gas Co., 388a.

V. Pooley, 1127.

V. Robbins, 263, 298, 1093, 1098f.

V. San Vincente Co., 648.

V. Wilkinson, 938.

V. Willamette Co., 902. Co. V. Nesmitft, 1062. Moorehead v. Erie Co., 650, 743. Moragne v. Doe, 1157. Moran v. Bonynge, 353.

V. Horsky, 107, 368, 612.

V. Ross, 628. Moranda v. Mapes, 536. Mordecai v. California, 187. Morenhaut v. Wilson, 347, 387, 428, 1130

1152 ; Appendix B, Form No. 44. Moreno v. New Guadalupe Co., 1-CLXIX. Morgan v. Barrett, 355.

V. Dibble, 415.

V. Meyers, 486, 487, 488.

V. Powell, 390.

V. Tillotson, 189.

V. U. S., 57, 68, 393. Morgenson v. Middlesex M. & M. Co., 627c,

1098b. Moritz V. Lavelle, 778, 907, 1133. Morley v. McCaskey, 822. Morner v. Watson, 2 -XXVII. Morrill v. N. P. R. Co., 11. Morris v. Clarkin, 387.

V. Gilmer, 291.

V. Messer, 975.

V. U.. S., 201. Morrison, 1-CXLII.

V. Fall, 23.

V. New Haven Co., 823.

V. Regan, 3, 434, 692, 699, 737, 787. Morrow v. Mathew, 385, 903, 1029 ; Appen- dix B, Form No. 7. Morse v. DeArdo, 1-CX.

V. Smythe, 385, 583, 1029. Morton v. Droster, 830.

V. Nebraska, 53, 925.

V. Suoerior Court, 403a.

V. Soiambo, Preface, 299, 311, 777, 1130, 1152.

Table Of Cases

(References are to sections)

Moses V. Long- Bell Co., 55. Moss V. Dowman, 1-CLVI. V. Jourdain, 321. V. Rose, 1152. Mott V. Wissler Co., 828. Moulton Co. V. Anaconda Co., 135, 546. Mt. Chief Claims, 1061.

Copper Co. v. U. S., 399. Diablo Co. V. Callison, Preface, 1-CX, 1-CCIII. 11, 126, 181, 387, 483. 605, 780, 1140. Power Co. v. Newman, 38, 627c. Rosa Co. V. Palmer, 188, 382, 387, 600, 607, 715, 790, 792. 798, 916, States Co. v. Taylor, 600, 731. Sterling Co. v. RatclifC, 1148. Vernon Co. v. Alabama Co., 638. Moxon V. Wilkinson. 1-CXXXVIII, 186. Moyle V. Bullene, 699, 736. Mudsill Co. V. Watrous, 1-XVITI, 1125. Muldoon V. Brown, 404. 693. 694. Muldrick v. Brown, 1 -XVIII ; 159, 596. Mullan V. U. S.. 1-XCVIII. 281, 372. 927,

T098h. Mullendore v. Minnehoma Oil Co.. 390. Mulligan v. Hansen. 282. Mullins V. Butte Co., 405, 1024, 1166. Multnomah Co. v. U. S. 189, 594, 762,

783, 1069. Mumford v. Whitney, 882. Munro v. Pacific Coast Co., 648.

V. Smith, 1-CXLIV. Munsey v. Marnet Oil Co., 965 ; Appendix B, Form No. 21. V. Mills and Garretty. 1153. Murley v. Ennis, 433, 778, 907. Murphy, C. J., 1084. Murphy v. Cobb, 1-XXXIL V. Glllim. 648.

V. Howard Co., 261, 453, 1081. V. Summer, 229. V. Tanner, 230. V. Vanvoorhis. 2 -XV. V. Waterhouse. 658. Murray v. AUred, 1-XCVI, 7. 16, 1087, V. Barnhart, 956. V. City of Butte, 626. V. Haverty, 401, 1158. V. Osborne, 656, 703. V. Polglase, 295, 347, 456, 472, 657,

731, 922. V. Tulare Co., 582. V. White, 282. 368, 442. 605, 781.

Hill V. Havener, 361, 495, 655, 753, 1133. Mustek Oil Co. V. Chandler, l-CXIV,

386a, 405. 889, 1133, 1165. Muskett V. Hill, 882. Mussellm v. Magnolia Co., 2-VII, 11. Musser v. Fitting. 1-XI. 481, 569, 658,

Mutchmor v. McCarty. 1-XXIX. 5, 8, 162, 188, 692, 684, 692, 693, 759, 768, 792, 793, 806, 916. Mutual Co. V. Currency Co., 462. Myer v. Hey man, 611. Myers v. Berven. 886. V. Lloyd. 621.

V. Spooner, 1-CXI, 428, 621, 768. V. U. S., 1-CIL

N

Nabors v. Producers Co.

Naddo V. Bardon, 386.

Nadeau v. U. P. R. Co., 1-LXXVIII, 102.

Nampa District v. Bond, 77.

Narver v. Eastman, 692, 597.

Nash V. Clark. 91, 680.

V. McNamara, l-III. 188, 294. 436. 601. 665. 781. 1099. 1140. Natalie Co. v. Louisiana Co., 11.

Nathan v. Porter. 2-XIII. National Bank v. Insurance Co.. 559. V. Ward, 1149.

Co. V. District Court, 396. V. Piccolo Co., 387, 430, 693. Navajo Indian Res., 1-XIII, 20, 429, 512. Naylor v. Foreman Co., 382, Neal V. Newton, 914, 940. Nebb V. Southern Ry. Co.. 290. Nebraska National Bank v. Johnson, 668. Neff V. Engler. 1125. Neher v. Kauffman, 1060. Neill V. Shamburg, 908, 1005, 1127. Neilson v. Champagne Co., 1-LVII, 255,

375, 376, 443, 476. 754. Neitzel v. Bean, 564. Nelson v. Chittenden. 706. V. Meehan, 338. V. O'Neal, 79, 313. V. Republic Co., 2-XXIV. V. Schoettgen, 1-CLXVI. 656, 658, 660. V. Smith, 1-XXXII, 521, 522, 719, 1099. Nephi Co. v. Juab County, 1-XCVI, 1-

CLIV. 11, 16. Nesbitt V. De Lamar's Co., 346, 422, 455,

Ness V. Fisher, 296, 372. Nettie Lode v. Texas Lode, 368, 448, 452. Neuebaumer v. Woodman, 763. Neuman v. Dreifurst, 1159. Nevada Ex. Co. v. Spriggs. 1-CLXXX, 445. 472, 486, 488. Lode. 465.

Sierra Oil Co. v. Home Oil Co.,

1-Cxxiv, 2-Xviii, 211, 308, 384,

413, 481, 591, 688, 741, 780, 1101.

New Domain Co. v. McKenney, 892, 1159.

New Dunderberg Co. v. Old, 261, 374, 929.

New England Co. v. Broyles ; Appendix B.

Form No. 44. New England Oil Co. v. Congdon, 189, 485,

538, 599, 600. 731, 781. 1101. New Hughes Co. v. Gray, 1-CLXIII. New Jersey Co. v. Gardener Co., 295, 382,

New Mexico, 1-CLXI, 11. 73.

V. Shelton, 385. New Orleans v. Payne, 240, 263. New York v. Pine, 640. Claim. 264.

V. Rocky Bar Co.. 241. 445. 684. Mutual Life Ins. Co. v. Arm- strong, Appendix A, p. 623. Security Co. v. Capital Ry. Co.. Newark Co. v. Meinke, 811. Newbill v. Thurston. 532, 691, 764. Newcomb v. Burbank, 291. Newhall v. Sanger, 1-CL, 15. Newman v. Duane, 359. Newport v. Hatton, 1029. 1152.

Co. V. Bead Lake Co., 328. 715a. 758, 1115. v. City. 16. Newsom v. Hawley, 360.

v. Pry or. 3. Newton v. Hull, 416.

V. Porter, 669. Niagara Co. v. Bunker Hill Co., 384. Niagara Oil Co. v. Ogle. 649. Nichol, 36, 807. 811. 819. Nicholas V. Marshland. 648. Nicholls V. Lewis & Clarke Co.. 622, 734. Nichols V. Becker, 355, 448. V. McCullom. 229. v. Mcintosh. 428. v. Williams, 602.

& Smith (Ll D.). 1-XXIX. 261. Case. 31. Nicholson V. Smith, 831, 1053. 1059. Nlckerson v. NIckerson. 416.

Nlles V. Cedar Point Club. 1-CXXV, 258. V. Kennan, 707.

V. Iron Moulders. 392. Kinemire v. Nelson, 3, 621. 690. 734. Nippel V. Forker. 83. Noble V. Gustafson, 822.

V. Union River Co., 296. Nolan V. Coon, 581. V. Lovelock, 893. V. Young, 979. Nome & Sinook Co., 1098d.

V. Simpson, 295, 347, 456, 574b. V. Snyder, 1-XLIII. 722, 775. V. Townsite, 50, 225, 1098d. Nome Co., 191. No Mistake L.ode, 448. Noonan v. Caledonia Co., 20, 347, 1092.

V. Pardee. 321. Nordstrom v. Sivertsen-Johnsen Co., 1-LIV. Norman v. Phoenix Co., 114.

V. Rose Lake Lumber Co., 559. North American Co. v. Adams, 428.

Bloomfleld Co. v. U. S.. 205, 313, 399. British Co. v. Budhill. 11. Central Co. v. Gulf Co., 1158. Confidence Co. v. Morrice, 581, 665, 843, 1053.

Healdton Co. v. Skelley, 1-CXLV. Noonday Co. v. Orient Co., 1-XLIII, 5, 6, 301, 307, 347, 521, 592, 651, 705, 752, 781, 1077, 1099. Star Lode, 462, 790. Northcut V. Church, 1116, 1144. Northeast Co. v. Hunley, 1-CXXXVII. Northern California Co., 38, 93, 627c.

v. Waller, 1-LXI. Northern Co., 90.

Co. v. Alaska Co., 629. Light Co. v. Blue Goose Co., 388a,

Pacific Ry. Co. v. Musselshell Co., r-xcvi. Northmore v. Simmons, 300, 306, 311, 430,

472, 601, 652, 688, 758. 780. Northport Co. v. Lone Pine Co., 143, 542,

545, 673, 786. Northrup v. Browne, 385, 1029. V. Eakes, 1012, 1021, 1023. Northwestern Co.. 355, 467, 1090. V. Branine, 957. V. Ullery, 982. Norum v. Queen City Oil Co., 321, 1021. Norwood V. Mayo, 336. Nowell V. Internional Co., 827, 952.

V. McBride. 371, 444, 951. Noyes v. Black, 1112.

V. Clifford, 135, 152, 188, 591, 792, 798,

V. Mantle, 108, 152, 188, 382, 447, 793, 916, 919a. 1070. N. P. R. Co., 106. 198.

V. Barden, l-III, 47, 924.

V. Boyd, 385. 1029.

V. Cannon, 374, 462, 618, 797, 925, 1070,

V. Cash, 1120. V. Colbum, 56. V. Cunningham, 399. V. Forbis, 634. V. Ledoux, 103. V. Lewis, 65. V. Marshall, 611. V. McComas, 108. 413. V. Mjelde, 1-XCVI, 16. 386a, 1037,

V. Murray, 102. V. Pettit, 1-CCII. V. Pyle, 1120.

V. Sanders, 1-XXX, 311, 314. V. Slaght, 1120. V. Smith, 94, 326, 640. V. Soderberg, 1-XXXV, 1-LXXX, 1-

Ccv, 7, 11, 57, 186. 311. V. U. S.. 381.

Table Of Cases

(References are to sections)

Numitor Co. v. Katzer, 590. Nunez v. Morgan, 1136. Nyland v. Ward, 5.

Oberwlse v. Poulas, 1171, 1172a. O'Brien v. Mackey, 904. v. O'Brien, 418. V. Webb. 391. v. Wheelock, 385, 1029. O'Connell v. Pinnacle Co., 307, 311, 382, 581, 716, 780, 914, 1111. Co. v. Union Co., 986. O'Connor v. O'Connor, 289. O'Donnell v. Glenn, 5a, 300, 306, 603, 688,

O'Hanlon v. Ruby Gulch Co.. 353, 433, 444,

447, 499. 657, 908, 1156. O'Hara v. Nelson, 648. O'Keefe v. Cannon. 387, 795. O'Keifife v. Cunningham, 11, 222. O'Laine v. McGraw, 627b. O'Neill V. Otero, 772, 904, 1154. O'Reilly v. Campbell, 347, 592, 707, 763.

1077, 1142. Oakland v. Pacific Coast Co., 636.

V. Parker, 636. Oberly v. H. C. Frick Co., 2-XXVII, 1144. Oberstock v. United Co., 1-LXXXIX. Oberto v. Smith, 406, 430. O. C. Co. V. Puckett, 102. Ocean Shore Co. v. Spring Valley Co., 428. Oelbermann v. Toyo Kaisha, 1173. Oettel V. Dufur, 470. Oglesby v. Hollister, 1152. Ohio Co. v, Cocke, 323. V. Griest, 392. V. Ullrey, 1027.

Oil Co. V. Detamore, 842. 1001. V. Greenleaf, 836, 956. V. Indiana. 970. 1042. V. Irvin Co., 957. V. State, 2-XI, 11. V. Westfall, 1021. Ohm V. San Francisco, 388a. Okahara, 954,

O. K. Boiler Co. v. Minnetonka Co., 902. Oklahoma, 116.

V. Texas, 1-CLL 15. 116. 195. Co. V. Winship. 1009. Olaine v. McGraw, 607. Olathe Mine, 796. Old Dominion Co. v. Haverly, 1-CLIX. 108.

378. 609, 936. Olive Land Co. v. Olmstead, 1-XXIX. 273.

594. 652. Oliver v. Agasse. 85. 627d, 945. Olson-Mahoney Co. v. Dunne Co., 823. Olympic Co. v. Downing, 699. Omaha Co, v. Tabor, 390, 887, 1088. 1171. Omar v. Soper, 310, 428, 537, 693, 730, 774.

Ophir Co. v. Court, 681. Opie V, Auburn Co., 462. Orchard v. Alexander, 261, 296. Ord v, Alamitos Co., 78. Ordman, 484. Oregon, 78.

V. Puckett, 286. Basin Case, 596.

Basin Co., 1-XXXV, 184, 468, 783. V. Work, 1-XXXV, 262, 296, 372, 468, 511.

Co. V. Hertzberg, 376, 942. V. Hughes, 11.

King Co. V. Brown, 1-XC, 4, 521. Short Line v. Quigley, 53. Original Co. v. Abbott, 788, 938, 1105. 1118.

V. Winthrop, 301, 311, 430, 475. Sixteen Co. v. Twenty-one Mine. Ormund v. Granite Co., 1-XnC

Table Of Cases

(References are to sections)

Oro Co. V. Kaiser. 572.

Grande Co., 11. Oroville Co. v. Rayburn, 384, 433. 1164. Orr V. Haskell. 303. Orrell v. Bay Co., 55. Ortman, 11, 187, 699, 715a. 1066. Orton V. Privett. 1129. Osagre Co. v. Sperra. 1-XL. Osborn v. Arkansas Co., 1027.

V. Bank of the U. P., 386a. Oscamp V. Crystal River Co.. 478, 680. 732. Oscarson v. Grain Ass'n, 1129. Osgood V. El Dorado Co.. 85. 626. 945. 94 8

Osterman v. Baldwin, 776. Otaheite Co. v. Dean, 222, 399. Otis Co. V. Palmetto Co., 641. Ott V. Deer Creek Placer Co., Appendix B,

Form 82. Ottawa Co. v. Graham, 1021. Oursler v. Thatcher, lOGOa. Oury V. Goodwin. 630. Outlaw V. Gray. 882. Overgaard v. Westerberg. 391. 592. 748.

Overland Co. v. Union Lith. Co.. 1-

CLXXVIII. Overman Co. v. Corcoran, 1-XCV, 394. 631.

Owen V. Heim. 387. 773.

v. Meroney. 899. Owens V. Corsicana Co., 955.

-Osage Co. v. Long. 399. 1021. Owers V. Killoran, 444, 941.

Pace V. Carstarphen, 1151. Pacific Co., 257. 472. 729. 809. 917. 1075. V. International Typo. Union,

1-CLXXVIIL V. Slaght, 326. Coal Co. V. Pioneer Co., 326, 343, 359.

622. 1118. Coa.t Co., 1-CLXIV. Coa.t Co. V. Spargo, 172, 511. 919b,

938. 943, 1098c. Coa5t :Iarble Co. v. N. P. R. Co., 1-XLVIII, 1-LXXX, 7, 8, 11, 15. 129, 187, 311. Midway Oil Co., 313, 731. Oil Co., 485. Slope Lode, 49, 936. Pack V. Thompson, 498, 504, 657, 1159. Packard v. Moss, 1152. Paepucke-Leicht Co. v. Collins, 1171. Page V. Savage, 393, 559.

V. Summers, 909, 912. Palmer, 11, 187, 715a, 780. E. M., 316. V. Truby. 2-XV. V. Unca.s, 823. Pankey v. Ortiz, 359. PaiKjose Co. v. Swindler, 993.

Oil Co. V. Rainey, 966, 1028. Pappe V, Trout, 297.

Paraffine Oil Co. v. Cruce, 2-XXVTIL 955. Paragon Co. v. Stevens Co., 703, 705, 745. Pardee v. Murray, 915. Pargosa Springs. 11. Parish V. U. S., 985.

Fork Co. V. Bridge water Co., 2 -IV. 843 999 Park Bingham Co., 1063.

Co. V. Comstock Co., 716. Falls Co. V. Dwyer, 259. Parker. 136. 1177, V. Duff. 274. V. Furlong, 392. V. Rellly, 954. 986. V. Swett. 1000. Parkersville District v. Wattler. 84. Parkinson v. Building Trades, 1-CLXXVIII.

Parks V. Hendsch. 11.

Parley's Park Co. v. Kerr. 300. 307. 382.

718. 780. Parrott v. Wells. 1149.

Co. V. Heinze. 393. 544. 914. Par.sons v. Ellis. 462.

V. Venzke. 26 1. F'artridge v. McKinney. 428. Pa.squaletti v. Hilson. 825. Pafohen v. Keeley. 38S, 393. 759, 763. I'atchett V. Pacific Co.. 627a. latrick v. Nance. 1-LXXXIX.

V. Weston. 894. Patten v. Conglomerate Co.. 553. 680. Patterson v. Chrisman State Bank. 385.

V. Hewitt, 385. 444. 942. 1029 1121

V. Hitchcock. l-III.

V. Ogden. 108, 375. 919b. 1098h.

V. Tarbell, 310, 764.

V. Tatum. 914.

V. Ware. 890.

V. Wynn. 925. Paul V. Cragnaz. 14. 880. 1155. 1171.

Jones Lode. 604. 741 Pautler v. Fanchot. 2-XIL Paxton v. Benedum -Trees Co.. 401. 954

Payne v. C. P. R. Co.. 1-CLXIV. 15, 29G. 372. 386a. 520.

V. Neuval. 2-XXIII, 836. 954.

V. N. P. R. R., 386a.

V. New Mexico. 1-LVII. 261. 372, 520

V. Tread well, 353.

V. U. S.. 337. 976. Payton v. Burns. 687. Peabody Co. v. Gold Hill Co.. 1-CX 108

336. 374. 716. 914. 918. Peaceable Creek Co. v. .lackson, 71 fi. Peachy v. Frisco Co., l-III, 428, 474 650 704, 750. '

V. Gaddis. 428, 512, 651. Peacock Mill Site, 264. 814 Pearl Oyster Co. v. Heu.<5ton, 7, 78, 191 Pearne v. Coal Coke Co., 626. Pearsall. 204.

V. Freeman, 922. Pearson v. Richards, 840.

V. White, 902. Peck V. Bank, 336. Pedro V. Potter, 983. Peeter v. Brown, 750a. Peeler v. Smith, 992. Pelham, CO, 261.

Pelican Co. v. Snodgras.s, 592, 745 Pellissier v. Pan-American Co., Appendix B, Form No. 22.

V. AVhittier Co., 1030. Pelton v. Minah Co., 830, 954 Pennoyer v. Neff, 419. Penn. v. Lord Baltimore, 419.

V. Oldhauber, 301. 389, 475. Co. v. Bales, 350.

V. Pritan Co.. 1046.

V. P. S. Commission, 92.

V. Sales, 353.

v. Smith, 1-LV, 1053.

v. Winchester, 195.

Gas Co. V. Public Service Comm..

Mut. Co. v. Austin, 385. Penna. v. W. Virginia, 2-XII. PenBsylvania Co. v. Everett, 102.

V. Grass Valley Co., 173, 676, 1140.

v. Sanderson, 648. Penny v. Central Co., 249. 395. Pennybacker v. McDonald, 751. Peo V. Alvarez, 1-XCI.

People V. Associated Oil Co., 2-XVI, 954. 1042. 1043, 1045.

V. Bell, 1-XCVI, 11.

V. Boggess, 1-LXL

V. Court, 1120.

V. Crandall, 1-CXXXVI.

V. Davidson, 191.

V. District Court, 625, 627, 629, 1158.

V. Gold Run Co., 79, 82, 16, 313.

V. Main, 573.

V. Marblehead Co., 636.

V. Mayes, 388a.

V. Milner, 39 8.

V. Morrison, 388a, 584.

V. Oliver, 574.

V. Olsen, 629.

V. Pace, 573.

V. Pendleton, 403a. V. Pittsburgh Co., 629. V. Pompa, 398. V. Savings Union, 2-XIII. V. Seccombe, 196. V. Shearer, 584, 328, 1088. V. Southern Pac. Co., 1000. V. Swift, 100. V. Varel, 1172d. V. Whalen, 1-XVIII. V. Williams, 667. Peoples, 1-L.

Co. V. Bundy, 1123. Dev. Co., 1-C.

Dev. Co. V. S. P. R. Co., 320, 375. Gas Co. V. Dean, 966. Peoria Co. v. Turner, 1-XXXVIII, 188, 261.

426, 469, 788, 1092, 1105. Percy Co. v. Newman Co., 1-CXXXIV, 830. Perego v. Dodge, 295, 312, 346, 347, 356,

382 1089 Perelli v. Candi'ani, 749, 1163.

-Minetti v. Lawson, 889, 895. Perigo V. Erwin, 521, 531, 532, 604, 687. Perkins v. Blauth, 648.

Perley v. Goar, 347, 429, 513, 568, 650, 776. Permutit Co. v. Wadham, 11. Perkins Co. v. Clinton Co., 574a Perry v. Acme Co., 840. Peru Mill Site, 808. Peters v. Tonopah Co., 1-XL.VII, 687.

V. U. S., 261. Peterson v. Beggs, 888, 897, 1153. V. Whitebreast Co., 1-LXIV. v. Wood, 314. Petit V. Buffalo Co., 448. Petitt V. Double-O Co., 956. Petrelli v. W. Virginia Co., 402. Petroleum Co. v. Coal Co., 2-XXVIII, 836, V. Owens, 1000. Pettingill v. Blackman, 387. Pettus V. Roberts, 1124. Peyer v. Champion Co., 650. Peyton v. Desmond, 298. Pfau, 1-L.VII. Pfeiffer v. Brown, 1021.

V. Regents, 1171. Pfund V. Valley Co., 269. Pharis v. Muldoon, 650, 756. Phebus, 201, 258. Phelan v. Drescher, 1115. Phelps v. Church, 11. V. McDonald, 419. V. Springfield Co., 970. Phenix Mill & Min. Co. v. Lawrence,

1-CXXIV, 772a. Phifer v. Heaton, 11. Philes V. Hickies, 588, 621, 710. Philipps V. Smith, 352. Phillips V. Brill, 357. 593. 740. V. Carter, 108. V. Homestake Co., 749. 892. 1152, 1153.

V. Homfray, 647.

V. Salmon River Co., 1-XCVI, 581. Phillpotts v. Blasdell, 1-CXIX, 135, 424,

582, 691, 786. Phipps V. Hully, 1-XVIII. v. StanclifC, 297, 1120.

Table Of Cases

(References are to sections)

Phoenix Co., 814, 1062.

V. Scott, 411, 589, 914, 1110, 1130.

Iron Works Co. v, N. Y. Security & Trust Co., 565. Phyfe V. Warden, 984a. Pico V. Columbet, 1168. Pidgeon v. Lamb, 11, 428, 495. 512, 525, 650,

691, 720, 745, 752, 762. Piedmont and George's Creek Coal Co. v.

Kearney, 967. Pierce v. Barney, 1118, 1146.

V. Bond, 57.

v. Sparks, 376.

V. Stablemen's Union, 1-CLXXVIII. Ass'n V. Woodrum. 2-XXI, 976, 978. Co. V. Phoenix Co.. 92. Corp. V. Schacht, 982, 1027, 1028. Smith Co. V. United Verde Co., Piercy v. Crandall, 581. Pierson v. Loveland, 108. Pigg V. Kelley, 1060. Pike's Peak Lode, 188, 238. 275, 793. 940,

Pilot Hill Lodes. 788. Pioneer Co. v. Delamotte Co.. 822.

V. Mitchell, 382.

v. Pacific Co., 326, 385, 428.

V. Shamblin, 1158.

V. Tyberg, 668. Pipe Line Cases, 1040. Piru Oil Co.. 18. Pitcher v. Jones. 592. Pittigrew. 1-CLXIV. Pittsburg Co. v. Ankrom, 982.

V. Bailey. 414, 954. 978. 1053. Pittsburgh Co. v. Cleveland. 385.

V. Glick. 1-XIX. Pittsmont Co. v. Vanina. 1-CXXV, 263. Pixley V. Huggins, 399. Placer Claims, 115, 716, 778. Plastic Co. V. San Francisco, 11. Plattner v. Vincent, 1034. Plested V. Abbey, 111, 1090. Plews V. Burrage, 385, 904. Plough V. Nelson, 478. Plummer v. Brown, 376.

V. Hillside Co., 14.

V. McLain, 536 ; Appendix B, Form No. 44. Plymouth Lode, 612, 919. Pocatello Co., 1067. Poe V. Ulrey, 964. Poire V. Wells, 375, 917. Polk V. Wendal, 931. Pollack V. Stauton, 574. Pollard V. Hagan, 78.

V. Say re. 1053 ; Appendix B, Forms No, 16 and No. 28.

V. Shively. 1-XLVII, 3, 521. 708. 764. Pollock. 1-LVII, 216, 317. Pomeroy v. Collins. 409.

V. Sam Thorpe Co., 498 ; Appendix B. Form No. 34. Poncia v. Eagle. 368, 443, 1081. Pond Creek Co. v. Hatfield, 385, 1146. Poole V. Union Trust Co.. 1007. Poore V. Kaufman, 1-XIV. 346, 440, 476,

Pope Mfg. Co. V, Gormully, 415. Poplar Creek Mine, 593, 716, 784. Port V. Oregon Railroad, 78. Porter v. Carstensen, 229, 942.

V. Cluck, 1133, 1167.

V. Jugovich, 498, 1155.

V. Mack, 1144.

v. North Star Co.. Appendix B. Form

V. Tonopah Co., 310, 347. 605. 699, 707, 737, 745.

(Fred S.), 96, 285.

Table Of Cases

(References are to sections)

Porterfield v. Webb, 954.

Scrip, 729. Porters Bar Co. v. Beaudry, 399. Porto Rico Co. V. Conklin, 385, 1029. Posey V. Bay Point Co., 1116. Potter V. Randolph, 297. Potts V. Alexander, 376, 942.

V. Whitehead, 1053. Pottstown Co. V. Murphy, 1021. Poujade v. Ryan, 5, 301, 687, 693. Poulos V. Lyman Co., 399. Poultry Producers v. Barlow, 418. Powell V. Ferguson, 445.

V. Lanzy, 1148.

V. Schoenfield, 984. Power V. Sla, 387, 429, 472, 488, 658, 703. Powers V. U. S., 72, 393. Praeletorian Ass'n v. Garvey, 967. Prager's Estate, 830. Prairie Co. v. U. S., 91, 1040.

Oil Co. V. Allen, 1-CCL 401, 1152, 1158, 1159, 1162. Pralus V. Pacific Co., 303. Pratt V. Avery, 1062.

V. U. S.. 723. Pray v. Trower Co., 302. P. R. Co. V. Petchum, 289. Prendergast v. Turton, 1053. Prescott V, Wells Fargo Co., 642. Preston v. Hunter, 306, 692.

V. White, 405. Prewitt V. Sunnymead Co., 1129. Price V. Magnolia Co., 116.

V. Mcintosh. 1-CXV, 115, 301, 543. Prichard v. Freeland Co., 2-VIII. Priddy v. Grifllth, 1007.

V. Thompson, 990. Primeau v. Acton, 1-CXC. Prince v. Lamb, 415, 889, 907. Princeton Co. v. First National Bank, 776. Pritchard v. McCloud, 1053. Probst V. Hughes, 984a. Proctor V. Arkelian, 409.

V. Gamble, 904.

V. Maine Co., 191.

V. Painter, 373, 920. Producers Co. v. Hanzen, 581, 1034.

V. Maple Leaf Co., 1012.

V. Mifflin Co., 1-LXVII.

V. R. R. Comm., 1040.

Oil Co. V. Eaton, 1-CXX. V. U. S., 196. Promis v. Duke, 1058. Prosser v. Finn, 779.

V. Parks, 301, 716. Protective Ass'n v. Forest City Co., 493,

494, 709. Proud V. Bates, 323. Prout V. Hoy Oil Co., 1006. Providence Co. v. Burke, 346, 389, 445, 658,

v. Marks, 350.

V. Nicholson, 830. Provolt v. Bailey, 82, 399. Prowant v. Sealy, 2-XXIX, 981. Prudential Co. v. Cheek, 1-CLXXVIII. Pruett V. Harvey, 798. Pszyk, 117.

Public Utilities Comm. v. Landon, 1046. Pucini V. Baumgarner, 958. Paget Co., 1 -XVI II.

V. North Seattle Co., 229. Pulaski on Co. V. Conner, 967. Pumpelly v. Green Bay Co., 682. Purdum v. Laddln. 4. 309, 689. Purdy v. Johnson, 575. Pure on Co. v. Kindall, 954.

V. Minnesota, 1039. Pursel v. Reading Co., 839. 968, 1165. Purtle V. Steffee, 68. Puzzle Co. v. Morse, 641, 644, 838.

V. Reduction Co., 665. P. W. Wood V. Blalack, 824.

Quartzlte Lode, 238.

Queen v. Earl of Northumberland, 1-LXX.

Quigley v. Gillett, 294, 346, 347, 389, 454,

495 659 699 735. Quilp Co. 'v. Republic Corp., 542, 581, 673,

Quimby v. Boyd, 3, 492. Quinby v. Conlan, 261. Quincy Co., 1-CLIV. Quinn v. Baldwin Co., 926. Quinton v. Corporation Comm'rs, 1042.

Rablin, 78, 198, 721. Racouillat v. Sansevain, 776. Rader v. Allen, 1088. Raggio V. S. P. R. Co., 388a. Railroad v. Mining Co., 967. Com. V. Bass, 968. Lode V. Noyes Placer, 188. Raisbeck v. Anthony, 138. Ralph V. Cole, 357, 618, 1109. Ralston v. Plowman, 303. Ramage v. South Penn. Co., 7. Randall v. Meredith, 893. Randolph, 315.

V. Holden, 967. Co. V. Stevenson, 641. Randsburg Co. v. California Co., 465. Ranelagh v. Melton, 1053. Rankin, 46, 358.

Rara Avis Co. v. Bouscher, 485. Raritan Co. v. Veghte, 883. Rasmussen v. Sullivan, 473, 495, 749, 771. Ratcliff V. Paul, Appendix B, Form 20. Raun V. Reynolds, 401. Raunheim v. Dahl, 793. Raven Co., 598. Rawlings v. Armel, 990.

V. Casey, 352. Ray V. Brush, 958.

V. Hbdge, 912. Raydue v. Board, 1037. Raymond v. Johnson, 907, 1133.

V. San Gabriel Co., 416. Raynolds v. Hanna, 830. Rea V. Stephenson, 282, 921. Reader v. Miller, 388a. Reagan v. McKibben, 1133. Real Del Monte Co. v. Pond Co., 399. Reavls V. Fianza, 118, 311, 329, 343. Rebecca Co. v. Bryant, 261, 468, 511, 922,

Rebel Lode, 796.

Rechard v. Cowley, 2-XV, 11, 830, 958. Reclamation . v. American Co., 196,

649, 1149. Rector v. Waugh, 1154. Red "C" Co. V. Board, 1039.

Mt. Co. V. Esler, 1158.

River, Oklahoma, 116.

Wing Co. V. Clays, 393, 558. Redd V. Brun, 385. Redden v. Harlan, 614, 782, 1101. Redfleld v. Parks, 326, 336, 345, 772b, 1120. Reed, 17, 1048.

V. Bowron, 236, 807, 1080.

V. Doyle. 2-XlV.

V. Hickey, 1053.

V. Munn, 582. 914. 950, 1034.

V. Norton. 829.

V. St. Paul Co., 261. Reeder v. Mills, l-:x!xil, 189. 472, 487, 490a,

V. Smith. 566. Reedy v. Wesson. l-III. Reese v. Bald Mt. Co.. 822. Reeves v. Oregon Co., 172, 668, 626. 674, 914, 919b.

Table Op Cases

(References are to sections)

Regan v. McKibben, 778.

V. Whittaker. 45. Regina v. Cox, 667. Reld V. Lavellee, 64.

V. Shaffer. 902. Reilly V. Blackmore, 612, 763.

V. Shipman, 25.

V. Stephenson, 647. Reinecke v. Spalding, 830, 1036. Reiner v. Schroder, 359. 593, 618, 716. Reins V. Murray, 251, 722. Relovich v. Stuart, 627a. Rembarger v. Losch, 965. Remmington v. Baudit, 484. Reno V. S. P. Co., 56. Renshaw v. Blssel, 772b.

V. Switzer, 347, 387, 428, 512. Repeater Claims, 1-CCI, 481, 498, 505, 569,

Lodes, 657. Republic Co. v. Harris. 1-CXVIII. Republican Co. v. Tyler Co., 542, 555. Rerick v. Kern, 883. Resurrection Co. v. Fortune Co., 390. Revenue Co. v. Balderston, 80. Rex V. Brettell. 11.

V. Dunsford. 1-XCVI. Reynolds v. Brooks, 262.

V. Hennessy, 336.

V. Iron Co., l-III, 186, 311, 347, 367. 393, 447, 534, 607, 715, 792, 916, 1070.

V. McMann Co., 2-XXI, 1014, 1152.

V. Norman, 825.

V. Pascoe, 593, 602, 716.

V. White Plains Co., 2 -XXIII.

V. Whitescarver, 2-XII.

V. Wltte, 381.

V. York. 411. Rhodes Co. v. Belleville Co., 221. 399.

V. Treas., 11, 609. Rialto Claims, 721.

Riborado v. Quang Pang Co., 300, SOI. Rice V. California, 96, 101.

V. Ege, 2 -IV.

V. Rigley, 908. Co. V. Blivens, 1053. Oil Co. v. Toole County. 1-XCVI. 1- XCLIV, 2-XX, 487. 716. Rich V. Doneghey, 2 -XV, 208, 954. 957.

V. Victoria Co., 1152. Richards. 11.

V. Dower, 311, 388a, 607.

V. Wolfling, 604. Richardson v. Callahan, 954, 1009.

V. Hardwick, 1053.

V. Heney. 1152. 1154.

V. McNuIty. 431.

V. Seafoam Corp., 452.

V. Western Oil Co.. 313, 777. Richen v. Davis, 1-CXL, 387. 428, 478, 650. Richfield Co. v. Hercules Co., l-III.

Oil Co. V. Hercules Gas Co., 954. Richmond Co. v. Eureka Co., 11. 542.

V. Rose, 11. 346, 373, 441, 452, 511, 522.

719. 780. Richter v. Richter. 666.

V. Utah. 1-XLVIII. 11. Ricioli V. Lynch, 883. Richards v. Taylor, 416. Rick v. Messinger, 1159. Rlckard v. Thompson, 481, 486. Rickert v. Mathews, 907. Ricksford v. Zeigler, 585. Rico-Argentine Co. v. Rico Con. Co., 136. 555, 673, 676, 789.

-Aspen Co. v. Enterprise Co., 392. Co. V. Musgrave, 1159. Lode, 1067. Townsite, 811, 917. Riddle v. Keechi. 958. Ridgway v. Elk County, 11, 1148. Stove Co. v. Way, 565. Riek v. Messenger, 389, 486, 504. Rierson v. St. Louis Co.. 15.

Riggs-v. Board, 1-XCIX. 1148. Riley, 54, 281, 928.

v. North Star Co., 581. Rindge v. Crags Co.. 80. King V. Montana Co., 351, 663, 1086.

V. U. S. Gypsum Co., 201, 346. 472, 495, 657. 745. Ringle v. Quigg, 2 -XXIX. Ringling V. Mahurin, 309, 392, 401, 655, 688.

Bank v. U. S., 293. Rio Grande v. Stringham, 110.

Co. v. Telluride Co., 80. Ripinsky v. Hinchman, 382. Rippey v. Miller. 392. Hisch v. Burch, 990.

V. Wiseman, 1106. 1115. Rispin V. Midnight Oil Co., 1016. Riste V. Morton. 506. 1108. Risty V. Chicago Co.. 289. Ritchey v. Southern Gem Corp., 565. Ritter, 348, 444, 1152.

V. Lynch, 11, 221, 222, 428, 592, 731. Riverside County v. Alberhill. 629.

Co. v. Hardwick, 529, 716, 775; Appendix B, Form No. 40. Oil Co. V. Hitchcock, 263. 296. Roark v. Tarkington, Appendix B, Form

No. 80. Bobbins, 62, 460, 604. 623. 1067, 1078.

V. Elk Basin Co., 346, 367, 520, 1177. Robert Marshall Co. v. Thompson, 1016. Roberts, 53.

V. Colyear, 879. V. Date, 750a, 908, 1164. V. S. P. Co., 108. 374. V. Tennessee Co.. 1-LVIII. 1-CLXXI. V. U. S.. 296.

V. Wilson, 303, 731. 1101. 1142. Robertson v. Smith, Preface, 1-LXIII, 300. Robinett, 57.

Robinson v. Black Diamond Co., 222, 649. V. Briest, 498,J67 ; Appendix B, Form

No. 34. V. City, 353. V. Forrest, 229. V. Glendale, 387. V. Harrison, 641, 645. V. Holt. 559. V. Lundrigan. 1-CLVI. V. Moak-Nemo Co., 572, 649. V. Rlspen, 1020. V. Roydor, 796. V. Smalley. 985.

Pet. Co. V. Black. 888, 1005. Robio Assn. v. ETverett, 627a. Rocha v. Rocha. 409. Rock Oil Co. V. Brumbaugh, 1023. Rockey v. Vieux, 384. Rockhouse Fork Co., v. Raleigh Co., 1-

XCVIII. 7. Rockwell v. Graham, 80, 447, 626. 627d. 914. Rocky Mt. Co. v. Albion, 2-XXIV, 976. Roddy V. United Mine Workers of America,

1-CLXXVIII. Roedde, 246. Rogers V. Cady, 388a.

V. Cooney, 11, 221, 222, 391. V, DeCambra, 372. V. Soggs, 67. Rohn V. Iron Chief Co., 345, 429, 513, 529.

650, 750, 1102. Rollins. l-CrX.

Rolshouse V. Wally et al., 888. Roman Placer Claim, 722, 1063.

Placer Co., 721. Romance Lode Claim, 468. Rooney v. Barnette, 1-CXLVIII, 189, 384, 431, 478, 490a, 683, 600, 731, 776, Roos V. Altman, 56, 108, 232, 3 <3, 376, 388a,

714, 715. Root V. Conlin, 387, 430.

Table Of Cases

(References are to sections)

Rose, 1034.

V. Richmond Co., 295. 347, 376, 444, 743 929

V. Union Gas & Oil Co., 385.

V. Wainman, 7.

V. Wood Co., 261. Claim, 1-XLIII, 1-CXI. 568, 705. Lode, 232. Roseburg Bank v. Camp, 1-LXVIII, 565.

566, 642. Rosenstrom v. North Bend, 902. Rosenthal v. Ives, 301, 307, 30&, 347, 716. Rosenwald v. Oregon City Co., 1-V. Rosetti Dougherty, 263. Ro.seville Co. v. Alton Co., 641.

V. Iowa Gulch Co., 2-VI, 643, 751, 1110. Ross V. Bankhalt, 78.

V. Day, 261, 289. Rosseau, 450. Rossi V. Caire, 574. Rough V. Simmons, 352.

Rider Claims, 1-CLXV, 162, 591, 592, 594, 781, 783. Rough's Case, 667.

Round Mt. Co. v. Round Mt. Co., l-III, 233 263, 368, 448, 592, 684, 692, 707, 742, 787, 914, 1095, 1120. Rourke v. McNally, 1-CLXXXVIII, 386a. Rousseau, 1 -XXXVI. Roxanna Co. v. Cone, 147, 393. Roy V. Harney Peak Co., 463, 1178.

V. Pos, 418. Royal Co. v. Royal Mines, 570.

Ind. Co. V. Ind. Commission, 481a. K. Placer, 618. Royston v. Miller, 1-CXCII, 312, 405, 488,

500, 1024, 1154. Ruckman v. Cory, 385. Ruddy V. Rossi, 610. Rude V. Wagman, 413. Ruffati V. Societe, 1135. Ruffners v. Lewis Ex'rs, 1161. Ruhl, 1096.

Rumsey v. Sullivan, 985. Rupple V. DeJournette, 1-XXI, Rupp V. Healey, 442.

V. Heirs, 466. Rush V. French, Preface, 300, 309, 773,

1133; Appendix B, Form No. 45. Rus.sell V. Brousseau, 652.

V. Bank, 1158.

V. Chumasero, 3, 5a.

V. Lambert, 1055.

V. Maxwell Land Grant Co., 231, 273.

V. U. S. Co., 101.

V. Wilson, 751.

V. Wilson Creek Co., 1066. Russian-American Co. v. U. S., 56. Rust-Owen Co., 78. Rutledge v. Kress, 1-CLIV. Ryan v. Egan, 405, 1165.

v. Granite Hill Co., 1-XXIX, 8, 445

v. Manhattan Co., 1-CLIII. Ryder v. Bamberger, 107.

Sacramento Co. v. Heilbron, 636.

Sacre v. Chalupnik, 412, 1088.

Safford v. Fleming, 390.

Sailor's Union v. Hammond, 399.

St. Anthony Co. v. Shaffra, 1-:?CLV, 138.

Clair, 1-XXX.

Clair Co. V. Cash Co., 390, 393. 559.

John v. KIdd, 1-LXV, 300, 305, 311, 429.

Lawrence Co., 264.

L, I. M. Co. V. Brooksher, 1019.

Louis V. Sanitary Co., 399.

V. Deford, 1-CLXXIX.

V. Kemp. 1-LXXVI, 1-CX. 44, 99. 189, 262. 263. 300, 307. 332. 372. 431. 472. 568. 615. 716. 780. 811, 914. 918. 926,

v. Montana Co., 1-LVII, 1-LXXXV, 1! 143, 188, 284, 357, 368, 386a, 394; 395, 400, 431, 442, 453, 542, 552, 553, 593, 626, 673, 679, 714, 725, 914, 950, 1105, 1140, 1177 ; Appendix B, Form V. Nix, 1035. V. Taylor, 293. Paul Co. V. N. P. R. Co., 47. V. Schurmeir, 198. Sala V. Crane, 1-CXXV. Salander v. Tacoma, 289. Salem-Fairfleld Ass'n. v. Martin, 901. Saling V. Flesch, 960. Salisbury v. Yager, 415. Salmon v. Symons, 942. Salstrom v. Orleans Bar Co., 79, 222, 313,

632, 648, 649. Salt Lake Co., v. Chainman Co., 823.

Inv. Co. v. Oregon Short Line, Salter v. Burt, 450. Salton Sea Cases, 399. Samuel v. King, 1125. San Bernardino Bank v. Jones, 80, 85, 626,

Sanders v. Noble, 1-XLVII, 310, 527, 687,

759, 787, 1104. Sandoval v. Randolph, 1053. Sands v. Cruikshank, 591.

V. Davis, 1157. Sanford v. Sanford, 289, 376, 942. San Francisco v. Wells, 1115. Co., 674, 941.

Co. V. Duffield, 145, 211, 295, 320, 347, 366, 445, 447, 600, 674, 734, 781.

Iron Co. V. American Co., 900, 904, 905, 906.

Sav. Union v. Petroleum Co.. 78, 191.

Union v. Irwin, 78. San Joaquin Co. v. Worswick, 80, 86. San Jose Co. v. San Jose Co., 85. San Juan Placer, 468, 922. San Miguel Co. v. Bonner, 536, 711. San Pedro Co. v. Los Angeles, 1037.

V U S. 372. Santa' Clara, The, 1-XXXVII. Santa Fe Co., 56.

V. Fall, 96. Santa Rita, 1023.

Sanzenbacker v. Howard Co., 1020. Sargent v. Seymour Corp., 425. Sarina V. Pedrotti, 1171. Sasse V. State, 398. Satisfaction Mill Site, 809. Saulsberry v. Saulsberry, 2-XXV. Saunders, 779.

V. Dutcher, 297.

V. La Purisima Co., 95, 99, 374, 375,

925 928 V. Mackay, 474, 507, 749, 750a, 1154. Savage v. Nixon, 1-LIV, 222. Savard, 1-XCII. Sawyer v. Childs, 392.

V. Gray, 229. 261, 373. V. Kendall, 1121. V. U. S., 30. Saxton V. Perry, 308. 360, 526, 758, 780,

Sayre v. Mohney, 1060a. Say ward v. Houghton, 414. Scadden Flat Co. v. Scadden. 1100. 1116. Schade v. Stewart, 585. Schoel v. Alhanibra Co.. 1-CXCI. 399. Schlffman v. Richfield OH Co., 2-XXV. 574. Schultz V. Akers, 11. Schirm v. Casey, 267.

-Carey Placers, 110. 483. Schlageter v. Cutting, 1-XXXI, 529, 581,

583, 617. 691. 693, 694, 716. Schlesslnger. 256. Schmidt V. Horton. 904, 906. 908.

Table Of Cases

(References are to sections)

Sohobert v. Pittsburg Co., 1-CXXXIV. Soliofield. 76.

Schroeder v. Aden Co., 384. Schubert v. Lowe, 414. Schudel V. Hertz, 627c. Schultz V. Akers, 1047. V. Allyn, 357, 776. V. Keeler, 778, :hulz, 1-CLXIV. Schwab V. Beam, 44, 200, 626, 772c, 914 . Smuggler Union Co., 399. ?hwallback v. Chicago Co., 1155. ?hwartz v. Arata, 391, 401. V. Dibblee, 1-CXXV, 227. V. McQuaid, 1171. ihwartzbaugh v. Sampson, 1172b. ;ore v. Griffin, 592. ?ots Mines Co. v. Leadville Mines Co., 647. :ott V. Carew, 18. V. Henry, 883. V. Jungquist, 889, 1133. V. Lattig, 78. V. Laws, 954. V. Logan, 340. V. Maloney, 454, 455. V. Midland Co., 11. V. Neely, 295. V. Warden, 590, 1115. V. Wood, 682. :ranton Co., v. GrafE Co., 345.

C. R. Co. V. O'Donnell, 102, 542. iruggs V. Decatur Co., 385, 1029. jaboard Oil Co. v. Commonwealth, 428.

Lger V. McCabe, 1007. japles V. Card, 108. iars V. Taylor, 300. jaton V. Son, 1155. matter v. Heid, 353. jattle Co. V. Roeder, 398.

;ret Valley Co. v. Perry, 16, 590, 1037. jcurity Bank v. Railroad Co., 385. V. S. P. R. Co., 1029.

Co. V. Burns, 229. ;efeld v. Duffer, 385. iid Pak Sing v. Barker, 1016. 'idler v. LaFave, 3, 5a, 705.

V. Maxfield, 5a, 705. iigloch V. Bisbee, 1-LXXVI. ;lf V. Prairie Oil Co., 382. Jllers V. Taylor, 748, 750. jlma Oil Claim, 462, 1090. ;neca Con. Co. v. Great Western Power Co., 638. Seton V. Slade, 1053. Settembre v. Putnam, 895, 908. Settle V. Winters, 831, 1053 ; Appendix B,

Form 18. Sewall A. Knapp, 96, 285. Seward Co., 567, 641, 881, 1053. Sexton V. Washington Co., 472. Seymour v. Fisher, 358, 699, 737, 1174.

V. Oelrichs, 1138. Shafer v. Constans, 455, 815, 1075. Shaffer v. Marks, 954. Shaleen v. Central Co., 838. Shank v. Holmes, 261, 269, 430, 469, 511,

650, 752, 922, 1092. Shanks v. Lane, 286. Shannon v. Village, 11.

Sharkey v. Candiani, 1-LXXXV, 309, 431, 532, 568, 592, 706, 759, 781, 1096, Sharp V. Behr, 836. Sharpe v. Catron, 1120. Sharum v. Whitehead Co., 1-CXXXIV. Shattuck V. Costello, 4, 591, 704. Shaw V. Caldwell, 481, 879, 1133, 1171. V. Kellogg, 54, 281, 608, 928. V. McNamara, 1134. V. Wallace, 1-XCVI, 1-CLIV. V. Work, 112, 336.

Shea V. Nilima, 1-XII, 388, 371a, 568, 749

776, 889, 1133. V. North-Butte Co., 1-CCIV. Sheehan v. All Person.s, 343, 1115, 1152.

V. Vedder, 388a, 418, 874. Shelby v. Rhodes, 1157. Sheldon, 1-LXXVI, 751. Shellar v. Shivers, 645. Shell Corp. v. Candle, 2-XX, 2-XXI. Shellenberger v. Ransom, 909. Shepard v. Murphy, 705, 774. Shepherd v. Camden, 398. Shepler v. Green, 414. Shepley v. Cowan, 276, 589. Sheppard's Touchstone, 1-CI. Sherlock v. Leighton, 347, 387, 428, 472,

488, 496. Shipley v. Fifty Associates, 1021. Shiveley v. Bowlby, 78, 191, 196. Shiver v. U. S., 53, 55. Shoemaker v. Acker, 1020. Sholl Bros. v. People, 1148. Shonobar Lode, 796, 798. Shores v. State of Utah, 76, 872. Short V. Praisewater, 314. Shoshone Co. v. Rutter, 1-LXXXII, 11,

121, 289, 307, 330, 342, 346, 347,

527, 582, 591, 592, "699, 737, 781,

Shreeves v. Pearson, 1057 ; Appendix B,

Form No. 28. Shreve v. Copper Bell Co., 1-CXII, 1-

CXXVIII, 582, 621, 758, 781. Shreveport v. Cole, 291. Shrewsbury v. Pocahontas Co., 582, 1146. Shulthis V. McDougal, 23. Shumway, 201. Siberell v. Siberell, 1172a. Sicard v. Davis, 354. Siegloch v. Iroquqis Co., 2-VI, 641. Sierra Blanca Co. v. Winchell, l-III, 730,

Grande Co. v. Crawford, 809. Nevada Oil Co. v. Home Oil Co., Silver v. Bush, 7.

v. Ladd, 376, 942, 10981.

Bow Co. v. Clark, 4G, 307, 311, 447,

785, 919a, 929, 940.

City Co. V. Lowry, 357, 604, f.23,

King Co. V. Conkling Co., l-III.

1-Cvii, 173, 3,95, 471, 511, 523, 536,

559, 679. 689, 1003, 1061, 1063,

1080, 1158.

King Co. V. Silver King Co., 393.

Queen Lode, 148, 740.

Springs Co. v. Van Ness, 967. Silvester v. Coe Co., 823. SJme v. Hunter, 575. Simmon, 1093. Simmons v. Briggs, 1129. V. Howard, 1058. V. Wagner, 296, 914. Simon Randolph, 220. Simons v. Inyo Co., 1-LXVII, 80, 85. Simonson v. Thompson, 628. Sinclair Co. v. Bryan, 1019. Sinnott v. Jewett, 236, 926. Sipple v. Laclede Co., 1021. Sisson v. Sommers, 305, 308, 309, 601,

603, 732, 780, 1102. Skelton, 16.

Skidmore v. Eikenberry, 912. Skillman v. Lachman, 891, 897. Skookum Oil Co. . v. Thomas, 831, 978,

Slade V. Butte Co., 96. Slater v. Boyd, 992, 996. Slavonian Co. v. Perasich, 1-CXLVIII,

478, 652, 744. Sledge v. Stolz. 665, 836, 988, 1020. Sleigleder v. McQuestin, 291.

Table Of Cases

(References are to sections)

Sloss-Sheffleld Co., v. Payne, 165. Slothower v. Hunter, 347, 586, 618, 699,

703, 759. 924, 942. Sly V. Abbott, 907, 909, 911. Smallhorn Co., 11, 1048. Smart v. Morton, 2-XXVII, 1143.

V. Peck, 581, 590.

V. Staunton, 309, 384, 689. Smelting Co. v. Kemp, 96, 285, 488, 488. Smith. 1-CCII.

V. Bangham, 414.

V. Barrick, 1155.

V. Beebe, 978, 1053.

V. Bolles. 1126.

V. Brazelton, 392.

V. Cadillac Co.. 1123.

V. Cameron, 628.

V. Cascaden, 3, 687.

V. City of Lios Angeles, 226.

V. Cooley, 1-CXIV, 407, 1152.

V. Darby, 323.

V. Drake. 2-XXIIa.

V. Eastman, 995.

V. Goethe, 1157.

V. Green, 883.

V. Greene, 1165.

V. Hawkins. 84.

V. Highland Co., 392.

V. Highland Mary Co.. 574a.

V. Hill. l-CL. 45.

V. Howell, 392.

V. Imperial Co.. 347. 353.

V. Jones, 405, 583, 1033, 1053, 1143.

V. Kansas City Co., 289.

V. Kendrick. 647.

V. Lewis, 574.

V. Mason, 1133.

V. McCullough. 975, 1028.

V. Mohn, 416.

V. Newell. 6. 18. 693, 763.

V. North American Co., 303.

V. O'Hara. 1-CLV.

V. Sanborn. 559.

V. S. F. Ry. Co.. Appendix B. Form No. 29.

V. Sharpe, 1158.

V. Sherman Co.. 1-XCVI, 581.

V. Staso Co., 399.

V. Taylor, l-IIT.

V. Union Oil Co., 1-LXXXV, 487. 490a, 592. 758.

V. United Crude Oil Co.. 845. 983.

V. Wheeler. 353. 355.

V. White Star Co., 964. Smoke House Lode, 447, 919a. Smoot, 313, 848. Smuggler Co. v. Kent, 396.

V. Trueworthy Lode. 1-CXLVII, 280. Sm3h V. Ames, 296. Snake Creek Co. v. Midway Co., 814. Snider v. Ostrander, 942.

V. Tarborough, 831, 1053. et al. V. Davidson, 888. Snow V. Kimmer. 463.

V. Nelson. 416. 1053. Flake Fraction. 1-CLXVIII. 78, 198. 624. 721.

Flake Placer, 285, 625. Snowy Peak v. Tamarack Co., 367, 478, 640,

662, 763. Snyder v. Colorado Co., 81. 200. 217, 814. 390. 484. 626, 772c. 1069, 1105.

V. No88. Appendix B. Form No. 9.

V. Waller. 446, 814. Mines. 129. Soaper v. King, 990. Robelman v. Mater, 1020. Solberg V. Sunburst Co.. 2-III, 409. Son, 93. 102.

V. Adamaon, l-CCII. 66. 818. 817. 646,

Soule V. Johnson, 1154. Souter V. Maguire, 353, 382, 540. South Butte Co. v. Thomas, l-III, 45, 374, 607, 715, 781, 792, 793. Carolina Claims, 1061. Chester Co. v. Texhoma Co., 1019. End Co. V. Tinney, 1-LVII, 264, 326, 344, 346, 374, 440, 448, 476, 545, 663, 715. 921, 1084, 1087, 1120, 1174; Appendix A, p. 630. Penn. Co. v. Haught, 1-CCI, 401,

Penn. Oil Co. v. California Oil Co.,

Star Lode, l-HI, 715, 790, 795. Utah Smelters v. Beaver County, 16. Yuba Co. V. Rosa, 80. Southerland v. Heathcote, 881. Southern California Co. v. O'Donnell, 109. Co. V. Meserve, 229. Counties v. Eden, 386b. Cross Co. V. Europa Co., 1-XIX, 4, 521, 605, 687, 781. V. Sexton, 261, 468, 472, 476, 922,

Dev. Co. V. Endersen, 96, 339, 609. 1096.

Nevada Co. v. Holmes Co., 173 ; Appendix B, Form No. 45. Nevada Dev. Co. v. Silva, 1- CXXX 1124

Paciflc'Co., 102, 247, 286. S. P. Co. V. Jackson Oil Co., 339.

V. U. S., 2-Xix, 2-Xxix. 10, 107, 184,

189, 591. V.W. P. Co., 191.

Land Co., 1-CXXV, 721. Land Co. v. Dickerson, 229, 409. Mines v. Court, 978, 1053. V. Hanchett, 401.

V. Valcalda, 1-CXIIT. 618. 729. 807. Railroad Co., 6, 105, 110, 245, 246, 247. 655, 753, 764. S. P. R. Co. V. Goodrich, 295, 382. V. Lipman, 388a. V. McKIttrick. 261, 339. V. Meserve, 388a. V. Purcell, 1-CXXIV. V. San Francisco Savings Union, 634,

V. U. S. 107. 591. V. Wood, 388a. S. P. R. R. Co. V. Painter, 294. Southern Rv. Co. v. Hall, 1-XXXVIII.

Southwestern Co., 1-CLIX. 11. 73. v. A. & -P, Co., 594. Pacific Oil Co. v. U. S., 699. Sovereign v. Arthur, 11. Soadra Creek Co. v. Eureka Co., 649. Spalding V. Chandler, 20, 316.

V. Martin 825. Spangler v. Butterfleld. 572. Sparks v. Hess, 1-CXCI.

V. Mount, 431. 681, 600, 1101. v. Pierce, 1-CXXIV. 52, 1101. Soauldlng v. Bradley, 586. Speed v. McCarthy, 421, 507, 710. Spence v. Lucas, 2-XXI. Spencer v. WInselman, 405, 1188. Sperry OM Co. v. Chisholm, l-LXXVIIL Sniller v. St. Louis Co., 386. Spltley v. Frost. 1-LX. Snokane Co. v. Larson, 430. Spong, 374, 611. Spreckels v. Ord. 3.

Co. v. McClaln. 292. Springer v. S. P. Co.. 326, B91, 715a, 1116;

Appendix B. Form No. 44. Snrlngton v. Wheeler. 823. Snroat v. Durland, 886a. Square Deal Co. v. Colomo, 149 Squires. 657.

V. LafPerty, 967.

Table Of Cases

(References are to sections)

Stamey v. Hemple, 978, 1053. Standard, 232.

Co., 90.

Co. V. Habishaw, 1-XXIX, 8, 261, 320, 343, 609, 914, 929, 1115. Oil Co. V. Graves, 1039. Oil Co. V. Mills, 976, 982, 1007a. V. Mills Organ., 2-XXV. V. Oil Co., 844. V. Watts. 321, 1143. Shales Products Co., 487, 488, Standart. 225. Staniford v. Trombly, 428. Stanislaus Co., 1-CL.XXXVII, 15, 219. Stanley v. United Co., 971. Stanton v. Hotchkiss, 388a.

V. Singleton, 414. Stapp V. Madera Co., 1-V. Star Co.. 143, 357, 604. 623, 740.

V. Federal Co., 149, 154, 281, a26, 333, 343. 445. 547. 593, 674. 680, 781, 914. Stark V. Hoeft, 355, 387, 457.

V. Starrs, 1-LVII, 940. Starkweather v. Jenner. 385, 1029, 1157. Starr v. Crenshaw, 978, 1053.

V. Lee, 1016. State, 202.

V. Anaconda Co., Appendix B, Forms

47 and 48. V. Batchelder, 628. V. Berryman, 11, 667. V. Black River Co., 195. V. Boyd. 2-XXIII. V. Bradbury. 1101. V. Braffet, 594. V. Burt. 667. V. District Court, 169, 249, 396, 397,

555, 888, 1161. V. Donald, 16. V. Evans, 11. V. Flannelly. 2-XXIL V. Gerbing, 78. v. Guano Co., 195. V. Hyde, 294. V. Kennard, 15. V. Landon, 1046. V. McBride, 282.

V. Madill, 309, 386a, 430, 535, 745, 1051. V. Moore, 584. V. N. P. Co., 103. V. Parker, 11. V. Phosphate Corns., 78. V. Roby, 1099. V. Ross, 234. V. Royal Co., 419. V. Savage, 525, 874. V. Shelton, 1-CXXIV, 385, 1100. v. Whitney, 94. V. Wyoming, 609. ex rel Hemphill Co., 259. Land Board v. Henderson, 1037. of Arizona, 247.

California, Robinson, Transferee,

Louisiana, 78. New Mexico, 95. Utah. 15. Steamboat Lode, 1063. Stearns v. Page, 337.

-Rogers Co. v. Aztec Co., 823. Steel V. Gold Lead Co.. 347. 348. 444. 1174. v. St. Louis Co., l-XLHI, 44, 261, 289, 373. 445, 776, 914, 925. Steele, 1079.

V. American Oil Co., 969. V. Boley, 345. V. Steele, 1157.

V. Tanana Co.. l-XLVHI, 1-LXI, 186, 189, 281, 384, 591. Steelsmith v. Gartlan. 954. Steen v. Wild Goose Co., 6, 536, 705. Steinbeck v. Bon Homme Co.. 385, 1029. Steinfeld v. Omega Co., 1-LIV.

Stemwinder Co. v. Emma Co., 719, 720.

Stenfjeld v. Espe, 521, 721, 1140.

Stepan v. N. P. R. Co., 374. 626.

Stephen Hayes Est. v. Togliatti, 1-LIV, 11,

222, 1144. Stephens Co. v. Mid-Kansas Co., 954, 1037. Stephenson v. Slitz, 990.

v. WiLson, -1146. Stern v. Drew, 561. Sterns v. U. S., 53.

Stevens v. Gill, 1-CXXVIII, 1-CLXXXV, 125. 594. v. Golob, 749, 1154. v. Grand Central Co., 347, 371, 386, 444, 445, 447, 507, 749, 777, 778, 942, 951, 1029, ri52. V. McChrystal, 417, 442. v. Williams, 1-CLXXXV, 123, 186, Stevenson v. Boyd, 1157. Steves V. Carson, 350. 448. Stevinson v. San Joaquin Co., 145, 165,

385, 386a. Stewart, 315.

V. Beck, 641'.

V. Douglass, 11, 907, 912.

V. G. & C. Co.. 668.

V. Huntington Co., 1145.

V. Rees, 326, 1118, 1119.

V. Westlake, 481, 662, 749.

Co. V. Bourne, 143, 263, 435, 683, V. Gold Co., 776.

V. Ontario Co., 138, 393, 394, 542, 673, 674, 676. Stickle V. Mulrooney, 1159. Stillwell V. Knapper, 665. Stimson v. Los Angeles Co., 829.

Co., V. Rawson, 264. Stinchfield v. Gillls, 131, 421, 581, 583, 588,

1033, 1143. Stock v. Plunkett. l-IH. 3, 294, 300, 306, 521, 601, 655. 688, 732, 774, 780, 1112. Oil Co., 458, 1067. Stockbridge Co. v. Cone, 397. Stockley v. U. S.. 1-CXCVIa, 55, 59, 261,

269, 318, 921. Stockton V. Oregon Co., 387. V. Santa Paula Co., 11. Stoffler V. Edgewater Co., 1000. Stolp V. Treasury Co.. 347, 493. Stone V. Bumpus, 488.

V. City of Los Angele.<?. 1-CXXXI,

2-XXIV, 16, 954, 1151a. V. Geyser Co., 434. V. Marshall Co., 385, 559, 976, 1029. V. U. S.. 382. Stonegap Co. v. Kelly, 967. Stoner v. Zucker, 879. Stoneroad v. Stoneroad. 230. Stoops V. Pistachio, 648. Stork & Herron Placers, 484. Story V. Richard.son, 639. Co. V. Wilson, 836. Stough, 468. Stowe V. Merridees, 888. Strang v. Ryan, 301, 652, 749, 750a, 1154. Strange v. Hicks, 966, 1001. Strassburger v. Beecher, 387, 496. Stratton v. Raine, 409, 484, 512. 650. Stratton's Independence v. Howbert, 1-

Strauss v. Allentown, 647. Street v. Delta Co., l-III, 345, 348, 429, 430, 478, 650, 687, 736, 1112. V. U. S., 450. Strepey v. Stark, 5a. 592, 699. 736. Strickland v. Commercial Co., 430, 525, 721. Strickley v. Highland Boy Co., 1-CVIII, 625, 629. V. Hill. 773, 776. Strobel v. Kerr Salt Co., 399. Strode v. Wende, 504, 1080. Stroehle, 201.

Table Of Cases

(References are to sections)

Strong V. Buffalo Co., 262. Strout V. United Shoe Co.. 336. Stuart V. Adams, 897, 1161. V. Bui ware, 413. V. T'nion Co., 382.

Co. V. Ontario Co., 1-LIV. V. U. S., 65. SturpTis V. Galindo. 418. Sturm V. Ulrich. 116, 888, 1133, 1153.

V. Weis.s, 417. Sturr V. Beck, 1-LVII. 85, 627d. Sturtevant v. Voe-el, 5, 300, 309, 521, 655,

687, 693. 753. .tutsman v. Olinda Co.. 1-XXX, 96. Suborich v. Alaska United Co., 1-LXXI. Sullivan v. Dooley, 392. V. Hense, 303. V. Iron Co.. 382, 591, 607, 781, 793, 794.

916. 1070. V. Mammoth Oil Co., 297, 313, 386a,

V. Northern Spv Co., 314. V. Schultz. 1-LXIII, 1-CXXXVIII. 11,

V. Sham. 605. 699, 736. V. . 840. V. State, 388a. V. . 293 Sulphur Springs Mine, 236. "=?u't V. Hooh.-=;tetter Co.. 11. Summers Creek Co. v. Doran, 385. Srmmerville v. ApoHo Co., 2-XXITI. Sunburpt Po. v. Callender, 2-XXVIII, 2-

XXTTa. 641. Suncre.st Packer., 474, 779. Sunday Co. v. Wakefield, 16. Sunderland v. Bishop, 399. unflowr State RefininBT Co.. 565. Sun-Maid Co., v. Moseian, 1016. Sunny.5ide Co. v. Reitz, 390. Rurpri.e Fraction Claim. 510. SuRsenbach v. Bank, l-III, 371, 376, 447,

507, 942, 1154. Su.sex Co.. V. Midwest Co.,

Sutherland v. Purdy. 115, 592, 760, 778 Siitbff V. SwectwPter Co., 632. 648 Sutter County v. Nichols, 1-CVIII, 313, 399.

Suttle V. Hope. 2-XIT. Sutton. Steele Co. v. McCulloch, 581. Svor V. Morris. 108.

Swanson v. Kettler, 347, 357, 431, 445, 488, 583. 659. V. Koeninper. 522, 690, 758. V. Sears. 188. 353. 436, 445, 512, 523, 594. 715. 747. 1099. Swasey v. N. C. R. Co., 386a. Sweeney v. Hanley, 1-XIV, 1158. V. N. P. R. Co., 731. V. Reilly, 434. Sweet V. Webber, 1-XXXI, 189, 472, 475,

Swendig v. Wa.shingrton Co., 1-LVII,

Svdney v. Richards. 694, 758, 783. Syme v. Varden, 388, Symmes v. Sierra Nevada Co., 395. Syndicate Mill Site. 809. Synott V. Shaughnessy, 124.

Table Mt. Co. v. Stranahan, 1 -XXXVIII,

Tabor v. Dexter, 158, 674.

V. Sullivan. 371. Tacoma A Roche Co., 257.

Co., 472. Tague V. Guaranty Bank, 560. Talbott V. King, 47. 693. 914. Tallon V. Vindicator Con. Co.. 16. Talmadge v. St. John, 4, 692, 698. Tarn V. Story, 786.

632. 648,

881,

Tangerman v. Aurora Co., 465. Tanner v. Treasury Co., 631. Tartar v. Spring Creek Co., 80. Tasker v. Warmer, 296. Tatterson v. Kehrlein. 1123. Taub. 902. Taylor v. Benham, 776.

v. Castle. 896.

v. Hamilton. 664. 830. 954. 998.

V. Longworth. 416. 831. 1053.

V. Middleton, 4, 483, 535, 657, 705.

V. Monday. 1119.

V. Parenteau. 601, 720.

V. St. Jo.seph Co., 1021.

V. Salt Creek Co.. 385. 417. 444. 1029.

V. Sommers Co.. 382.

V. Stanley. 2-IV.

V. Williams. l-III. Tea Pot Dome Case, 313. Teller, XOO. 735.

V. U. S., 1-CLXXXI. 35, 1110. Telluride Co. v. Rio Grande Co.. 83.

Townsite. 50. Temescal Oil Co.. 512.

v. Ralcido. ."., 429. 525, 530. 651, 721. Tennessee v. Union Bank, 290. Lode. 4.

Oil Co. V. Brown. 880. 966. 975. Tennev v. Miners' Ditch Co.. 6 48. Terrible Co. v. Argentine Co., 1-XLV. 60.3.

Territory v. Mackey, 157. 716. Terry v. Humphreys. 986.

V. Midwest Oil Co., 386a.

V. Texas Co.. 2-ITL Texas Co. v. Barker. 970, 1015. 1019.

V. Barrett. 1149.

V. Bellar, 1012.

V. Bruce, 1009.

V. Clark & Co.. 1012. 1023.

V. Daugherty. 2 -XV. 11, 208.

V. Davis, 2-XXVIII; Appendix B. Form No. 21.

V. Henry, 93.

V. Herring. 385.

V. Howard, 11.

V. Moynier, 1-CXIV. 1148.

V. Ramsower. 971. 1019. Texlouana Co. v. Wall. 1016. Teynor v. Heible. 1131. Thallman v. Thomas. 1-CXXIV. 6. 211. 262. 372, 536. 538. 594. 711. 734. 749. 926. 1099. Thatcher v. Brown. 1-XIII, 115. 429. 479. 650. 757. 1103.

v. Darr. 368. 422. 1156. Thayer v. California Co.. 639. The -Abbey Dodge, 78. 191.

?\alcon. 336.

Montello, 195.

Parsons, 195.

Santa Clara, 1-CXXVIII. Thiessen v. Weber. 84 0. Thomas v. Bell. 428.

v. Bird. 581.

V. Chisholm. 360.

V. D'-lta Co.. 290.

V. Elling, 347. 444, 447, 1090. 1154.

V. Hor.st. l-III. 263, 376, 510. 942.

V. Hukill. ?-l. 1041.

V. Mining Co.. 916.

V. South Butte Co.. l-III. 618. 674. 707. 916. 1070.

V. Village. 387. Thompson v. Automatic Co.. 354.

V. Barton Gulch Co.. 310. 521. 688. 719. 780. 1112.

V. Basler. 55. 297.

v. Burke. 447. 781.

V. Crystal Springs Bank. 888. 1005.

V. Ferry. 750a.

V. Hill. 1-CXVlT.

V. Pack. l-III. 399.

Table Of Cases

(References are to sections)

V. Pelton. 115. V. Pioche, 1118.

V. Spray. 387, 434, 527. 592, 698. 723. 773, 781. 1130, 1152; Appendix B, Form No. 43. V. Underwood. 391, 688. 693, 764. V. Walsh, 888. V. Wise Boy Co., 823. Thomases v. Melsing. 347, 413, 568. 579.

776, 1169. Thorndyke v. Alaska Co.. 85. Thornton v. Kaufman, 352, 478, 512. 652.

V. Phelan, l-III, 428, 481. 570. 594. 748. Thorpe v. State, 94. Thropp V. Harpers Co., 399. Thurber v. Meves, 414. Tibbitts V. Ah Tong. 1-CXXIV. Tidal Oil Co. v. Fulton-Stuart Co., 1153. Tidwell V. Dobson, 23. Tiernan v. Miller, 297, 985. Tiggeman v. Mrzlak, 1-XC. 4, 496, 521, 593,

660. 765. Tilden v. Barber, 385, 1029.

V. Intervenor Co.. l-CXLVII, 451. Tillian v. Keepers, 94. Tillotson V. Marcus, 6. Timber and Stone Lands. 219. Timmons v. Elyton, 289. Tinkham v. McCaffrey. 282. Tipping V. Robbins. 887, 1171. Tipton Co., 232.

Titcomb v. Kirk, 80, 305a, 627b. Title Ins. Co. v. Lake View Co., 1173. Todd V. Cochell, 648. V. Meserve, 1012. Toledo Co. V. Penn Co., 1-CLXXVIII. Tombstone Co. v. Way Up Co.. 138. 145,

Townsite Cases, 45, 527. 612. Tomera Claim, 189. Tom Reed Co. v. United Eastern Co.. 547,

553, 556, 674, 676, 677, 1105. Tonopah Co. v. Douglass, 346, 347, 382, 452. V. Fellenbaum. 507, 682, 914, 1096. V. Tonopah Co., 310, 346, 405. 527, 581, 604, 620, 694, 735, 764. 787. 1024. 1099, 1166.

Ralston Co. v. Mt. Oddie Co., 347, 592, 660, 740, 759. Toothaker v. Greer, 391. Tosh V. West Kentucky Co., 1-CLXXVIII. Tough Nut Claims, 468, 1066, 1081. Townsend v. State, 1042. Town.;ite of Nome v. Nome & Sinook Co.,

Town Sites on Mineral Lands (L. D.). 612. TrabUcco v. Sorrels, 229. Traction Co. v. Saint Bernard Co., 290. Tracy v. Harmon, 705.

V. Morel, 289. Trade Dollar Co. v. Fraser, 392. Trail v. Firth, 385.

Transcontinental Co. v. Mid-Kansas Co., V. Thomas, 1000. Traphagen v. Kirk, 110, 607, 734. Travis Placer Co. v. Mills, 79. 196. 222. 399. Treadway v. Sharon, 641. Tread well v. Marrs, 536.

V. Nickel, 1123. Treanor, 1081.

Treasury Co. v. Boss, 601, 763, Treat v. Murdock, 890, 1153. Tredinnick v. Red Cloud Co., 1-XCVI. 716.

Trevaskisv. Peard. 1-XLV, 348. 387. 428,

434, 478. Trice v. Comstock, 507. Trickey Placer, 468. Trinity Co. v. Beaudry. 1-XXXVIII. 382.

Tripp V. Dunphy. 485, 924, 1079. V. Silver Dyke Co., 428. 650.

Trippe v. Overaker. 631. Tripplehorn v. Ladd-Hannon Corp., 1028. Triumph Co. v. Patterson. 565. Trogden v. Williams. 416. Trotman v. May. 435. Trout V. Siegel. 822. Truax v. Corrigan, 1-CLXXVIII. Trustees v. Lehigh Co.. CXXXIV. Tryon. 674. 941. Tucker v. Linger, 11. V. Masser, 918. V. Watts, 2-XXIII. Tucson V. Dodson, 57. Tufts V. Mann, 902. Tully V. Railroad Co., 398. Tuolumne Co. v. Maier, 592, 731. Tupella V. Chichagoff Co., 907. Turner v. Haar, 1-LXI.

V. Sawyer, l-III. 1-CCI, 347, 375, 422.

444, 462, 498, 657, 749, 777, 951,

1108, 1152, 1173. Tuson V. Green, 1123. Tustin V. Philadelphia Co., 833. Tweedy v. Parsons, 399, 734, 772a, 1100. Twelve (12) Cash Lode, 776. Twenty-one Co. v. Original Sixteen Mine,

1-Cviii. 401, 553, 673, 676, 789, 939.

Twin Falls Co. v. Caldwell, 77. V. Martens, 77.

Hills Co. V. Bradford Corp., 2-VII.

Lick Co. V. Marbury, 385, 1029, 1124.

States Co. v. Westerly Co., 2-IV. Twist V. Prairie Co., 289, 382, 410. Twort V. Twort, 1158. Two Sisters Mill Site, 809. Tylee Co. v. Jennings, 115, 1120. Tyee Con. Co. v. Langstedt, 115, 326, 345.

Tyler Co. v. Last Chance Co., 542, 784,

v. Sweeney, 430, 546, 547, 555, 717.

787, 787, 932. Tyson Creek Co. v. Empire Mill Co.,

1-Cxlv, 484.

U

Uinta Co. v. Ajax Co., 608, 684, 764. 781, V. Creede Co., 593, 684, 707, 7S1, 932. v. Cripple Creek Co., 627d, 109Sb. Ulrich v. Pateros, 1-CV. Uncle Sam Co. v. Richards, 2-IV, 1172. Underwood v. Hitchcock, 415. Unger v. Mooney, 343, 1155. Union Bank v. Matthews, 1-XLIII, 568. Coal Co. V. U. S., 336. Co. V. Adkins, 2-1, 986, 1041. V. Dangberg. 945. V. Indiana-Texas Co.. 993. V. Leitch, 532.

V. Rocky Mt. Nat. Bank, 572. V. U. S., 72, 107.

Con. Co. V. Taylor, 1108, 1152. Gas Co. V. Gillem, 840. Mill & Mining Co. v. Ferris, 314. Oil Co., 1-LXXVI. 11, 189, 208, 486. 490a, 592, 606, 722. v. Norton-Morgan Co., 411. V. Smith. l-III, 112, 382, 386a, 399, 431, 486, 488, 537, 583, 592, 716, 781, V. U. S., 381. V. Wright, 997.

Stock- Yards Bank v. Gillespie, 954. U. P. Co. V. Laramie Co., 102. U. P. R. Co. V. Harris, 1-CL, 102.

V. Peterson, 1-CCIL United Co. v. Canon City Co., 390. V. Meredith, 2-XV, 208, 971. v. Smith, 965.

Fuel Co. V. Swiss Oil Corp., 954.

Table Of Cases

(References are to sections)

United Mine Workers of America v. Coro-

nado Co.. 1-CLXXVIII. IT. S. V. Abrams, 23.

V. Albright, 59.

V. American Co., 336.

V. American Oil Co., 614.

V. Appalachian Elect. Pow. Co., 195.

V. Atherton, 262, 927.

V. Atkins, 338.

Babcock, 296. V. Ball, 55.

V. Barber Co., 59, 338. V. Barber Lumber Co., 380. V. Basic Co., 65. V. Beaman, 11, 96, 100, 338, 609, 928.

Beebe, 107, 386.

Bellingham Bay Co., 381.

Belridge Oil Co., 313.

Bennett, 380.

Berrigan, 115.

Biggs, 63. V. Bighorn Co., 337. V. Bitter Root Co., 382, 668.

Biwabik Co., 830, 1036.

Black, 1-LVII.

Blendauer, 1-CL, 15.

Bonners Ferry Co., 96.

Booth, 779.

Booth-Kelly Co., 336. V. Borax Co., 762. V. Boucher, 107, 262. V. Boughten, 59. V. Brewster, 1-CII, 11. V. Briggs, 59. V. Brookshire Oil Co., 1-XLIII, 307

606, 716, 773. V. Brown, 2-1, 428. V. Bryan, 59. V. Bucher, 338, 373.

Bullington, 1-C, 594.

Bunker Hill Co., 468, 486, 488, 594. 604, 689, 707, 768, 918, 1061, 1073. Byron, 779.

California Co., 574b.

California Land Co., 340.

California Midway Oil Co., l-III 1-XXII, 107, 307, 429, 537, 716, 772a 773, 775, 778, 780, 1152.

Capital Co., 296. Carbon Co., 1-XCVIII.

Carbon Co. Land Co., 341, 372, 381

Caribou Oil Co., 1-CCIL

Carpenter, 731. V. Carter, 559, 669. V. Caster, 25, 261, 376, 914. V. Casterlin, 709.

V. Chandler-Dunbar Co., 106, 336, 381. V. Chanslor-Canfield Co., 313. V. Chicago, 628. V. Chicago Co., 107, 340, 386. V. Clark, 107, 380. V. Colorado, 1-CLXXVITL V. Conrad Co., 81. V. Cooke, 11. V. Cooksey, 61, 927. V. Cooper Queen Co., 65. V. Coronado Co., 336. V. Coughanour, 72. V. C. P. Co., 95.

V. C. P. R. Co., 110, 611, 941, 1098a. V. Cress, 632. V. Culver, 928. V. D. & R. G. Co., 70. V. Dalles, 96.

V. Deasy, 32, 316, 696, 6&2, 788. V. Delatur. 106. V. Des Moines Co., 386. V. Detroit Co., l-III, 61, 100, 684, 914 V. Devil's Den Oil Co., 372, 382, 440

V. Dewey County, 386. V. Diamond Coal Co., 886, 881.

Diamond Coal & Coke Co., 1-XCVIII. Dominion Oil Co., 307, 313, 315. 401 716, 778, 1030, 1152. Dougherty, 54. 11,150 lbs. of Butter, 59. Edgar, 65. Edwards, 66, 72. Ellis, 393.

Exploration Co., 336, 361, 611. Fall, 88.

Fletcher, 107, 385, 1029. Four Bottles, 20, 315. Frick. 340. Gentry, 68. Gongwer, 296. Graser-Rothe Co.. 1-CII. George, 261.

Grass Creek Oil Co., 313, 591, 593,

Gratiot, 1-CLXXIII, 830. Grimaud. 30.

Grosso, 1-LIV, 221, 222, 347, 353, 358, 361, 362, 368, 428, 434, 445, 447, 448, 814. Guglard, 399. Gumm. 268. Haar, 420. Hanson. 56.

Havenor, 1-CIII, 271, 584, 779. Hays, 338. 374. 926. Hodges. 1-CCII. 33. Holt Bank. 201. Homestake Co., 30, 65, 390. Honolulu Oil Co., 313. 315. Hunt, 584.

Hurliman, 1-CXXIV, 591, 594. 731. 781, 1099.

Hurst, 16, 399, 401, 430. 592, 760. Inman-Poulsen Co., 391. Insley, 336. 386.

Iron Co.. 1-CXXXVIII. 67, 127. 156. 186, 224. 257, 262, 273, 338, 367, 372. 472, 591, 592, 607, 684, 783. 793. 916, 927, 1065. Jones, 336. Keitel. 338. Kennedy, 55. Kern River Oil Co., 336. Kettenbach, 59. King, 255. 273, 1065. Kirkpatrick, 386. Koleno, 61.

Kostelak, 1-C, 165, 607, 729. 807.

Kreger. 100. Laam. 263. Lane, 103. 259. 943. Langmade, 819. Langmade and Mistier, 809. Lavenson, 33, 268, 372, 591, 592. 596, 783, 927, 1069. Lawrence, 1-LXXV. Lee, 386a.

Lee Wilson Co.. 201. 261, 881. Llllibridge, 781. Long, 779. Loughrey. 391. Lynah, 632.

Mammoth Oil Co., 109, 338. Marshall Co., 452. McCutchen, 1-CCII, 209, 313. 316, 326, 514, 537, 591. 600, 715. 724. 731. 783. 1051. 1103. 1152. McGraw, 927. McMurray, 23. McVeagh, 296. Medland, 105.

Midway Northern Oil Co., 99. 315. 413. 579, 770.

Midway Oil Co.. l-III. 1-XLIII. 313. 620, 616, 1101.

Midwest Oil Co., 1-CCII, 112. 209. Mills. 388.

Table Of Cases

(References are to sections)

Milner, 99.

Minnesota, 17, 337, 381. Minor, 338, 372, 927. Mock, 72.

Montana Co., LXXXIX. Morrison. 96. Mullan Co., 65. Munday, 115, 775. Nashville Co.. 336. Nelson, 1-CXXIV, 59. 261. New Orleans Co., 336, 375. Noble, 23. Norris, 340.

North American Oil Co.,l-CCII, 313 North Bloomfield Co., 1-LXXV. 79 205, 899.

Northern, etc., Co., 33. North Western Co., 1077. N. P. R. Co., 1-XVin, 1-C, 11. 484, 596, 598, 611, 781, 927. Ohio Oil Co., 1-CLIV, 1-CXCVII, 186, 313, 520. 591, 781, 783. Omaha Indians, 289. O'Neill, 628.

Oregron Lumber Co., 337. Paiz, 107.

Pan American Co., 313. Peterson, 338, 926. Pitan, 336.

Plowman, 1-XXXV, 58, 109, 596, 783. Poland, 927.

Porter Fuel Co., 53, 262, 338, 609.

Portneuf-Marsh Co., 20. Price Co., 65.

Primrose Co., 58. 108, 289. Puget Sound Co., 336. Ramsey, 263.

Record Oil Co., l-III, 1-LVII. 262, 412. 511, 1088. Reed, 10, 53, 338. 594, 927. Reward Co., 921. Richmond Co., 1-CLXXIII, 65. Rickey, 83. Ridgely, 313. Rindge, 626. Ringling. 759. Rio Grande Co., 85. River Rouge, 78.

Rizzinelli, 1-CLXXXI. 35. 311, 382, 596, 652, 788, 914. Rock Oil Co., 313, 431, 600. Rossi, 1-C, 65, Rowell, 116. Ruddock, 520, 596. Rumsey, 941.

Safe Inv. Co., 67, 100. 109, 592, 596. St. Paul Co., 336, 340. San Jacinto Co., 372. San Pedro Co., 1-LXX, 10. 227, 928. Schlierholz, 266. Schultz, 33, 320, 447, 618. Schurz, 263, 297, 914, 1093. Seufert Bros. Co., 398. Shannon. 30. Shea. 954.

Sherman. 1-LXXXIV, 4, 33. 306, 521, 538, 591, 692, 731, 759, 1099. Simpson. 92.

Smith, 1-CXI, 61, 271, 336, 444. 927. Southern Power Co., 30, 372, 634. .S. P. Co., 53, 95, 102. 105, 372, 381, 591, 618, 740, 781. S. P. R. Co., 1-C. 11, 337, 591. Standard Oil Co., 313. 619. State, 594, 598, 599, 610. State Bank, 381. State Inv. Co., 224. 229. State of California, 95, 261. State of Utah, 228. Steenerson, 471, 731. Stinson, 100, 107, 340. Stockton Midway Oil Co., 1-CCII, 189. 209, 313, 389. 520. 591, 731.

V. Stone, 924.

V. Sugar, 268.

V. Sweet, 1-CL, 11, 94, 95, 96. 610.

V. The Millfork Co., 1073.

V. Thirty-two Oil Co., 1-CCII, 209,

313, 520, 619. V. Thompson, 345. V. Throckmorton, 338. V. Tichenor, 1130. V. Trinidad Co., 1-XXI, 574b, 773. V. Tygh Co., 1-CLII. V. United Engineering Co., 1016. V. United Verde Co., 1-CLXXIII, 65. V. Utah, 95, 626. V. Utah Co., 80, 314. V. Ute Co., 382, 390. V. Van Wert, 266. V. Van Winkle, 69. V. Waters-Pierce Co., 72. V. Wesley, l-III, 339, 713. V. West, 296 316, 429, 480, 520, 650,

914, 1048, 1113, 1157. V. White, 262. 338, 927. V. Whited & Wheless, 336, 341. V. Whitted, 289. V. Wholley, 106. V. Wilford Co., 918. V. Williams. 72. V. Winona Co.. 107. 261, 336, 340, 372,

929, 1098h. V. Wooley, 336. V. Work, 385.

Borax Co., 145, 605, 618, 674, 681.

V. Death Valley Co., 95, 96, 428. Co. V. Dawson, 1105. V. Cole Co., 992. V. Lawson, 11, 138, 145, 556, 674,

740, 943. V. Morton, 900. V. Randolph Co., 1148. Gypsum Co.v. Mackey Co., 831. Phosphate Co., 736. United Verde Co., Appendix A, p. 623. Unity Oil Co. v. Hill. 2-IV. Upton v. Larkin, 1-CLXXVI, 3, 540, 591, v. Santa Rita Co., 1-VIII, 295, 309, 334, 343, 346, 361, 389, 452, 484, 488, 496, 602. 658, 689, 715a, 731, 1088. Usher v. Henkel, 574 ; Appendix B, Form

Utah v. Lichliter, 207, 320. V. Watson Oil Co., 207. V. Watson, 11. Co. V. Dickert Co., 478, 749, 772, 904. V. Eckman, 326. V. Montana-Bingham Co., 629. V. Tintic Co., 486, 650. V. U. S., 37. 56, 84. 93, 314, 386,

V. Utah Co., 133, 164, 393, 435. Con. Co. V. Utah Co.. 593. 676. Cons. M. Co. V. Apex M. Co., 145. Copper Co. v. Montana Co., 1-LIV, 11, 222. Onyx Co., 11. Utt V. Frey, 1-LXV, 428, 1146. Uttendorffer v. Seagers, 391.

Vadner v. Vadner, 290. Valcalda v. S. P. Mines, 428, 1075. Valentine v. Sloss, 345. Vail v. Fish Co., 899.

V. Pacinc Co., 902. Valle, 1-CLXIV. Valley City Co. v. Brown, 631.

Lode. 916. Van Buren v. McKinley. 759.

7—2

Table Of Cases

(References are to sections)

Vance v. Burbank, 338, 376.

V. Clark, 1033, 1118, 1145. Vanderbilt Lode, 254. yanderwiele v. Taylor, 648. Van Doran v. Plested, 7.

Dyke v. Arizona Co., 38. Dyke Co. v. Malott, 1-CLXIV. Horn V. State, 208. Landingham v. United Packers, 574. Moore, 1-LXXVIII. Ness V. Rooney, 1-CLV, 51, 95, 99, 152, 288, 311, 373, 377, 386a. 408a, 914. 919a, 925, 1098i, 1113. Patten v. Boyd, 261. Sice V. Ibex Co.. 433. 455, 498, 569,

657, 942. Valkenburg v. Huff, 777, 778. Wapenen v. Carpenter, 1152. Zandt V. Argentine Co., l-III, 401, 605, 674, 676. 699, 737. 781. 930, Vansickle v. Haines, 314. Varcoe v. Lee, 388a. Vaughan v. Tulare Co., 398. Vetlin V. AlcConnell, 115, 357, 521, 694. 697. 773, 1152. V. U. S., 495. Ventura v. Barry, 1-CXIV. Oil Co., 1-CLVII. V. Fretts, 954. Verde Co. v. Salt River Ass'n, 285. Verder v. Gilmer, 709. Verdugo. etc. v. Verdugo. 385. Veronda & Ricoletto v. Dowdy, 582. Veta Grande Lode, 238. Victor V. S. P. Co., 11.

Oil Co. V. Drum, 385. 386b. 1029. Victoria Co. v. Fraser, 572. Victti V. Xesbitt, 1-XIX, 831, 888. Viola-San Carlos Case, Empire State, etc. V. Bunker Hill & Sullivan, etc., Co., Virginia v. W. Virginia, 107.

Co. V. Haeder, 831, 956, 1053. V. Hylton, 1155. Vivia Hempill, 11. Vogel V. Warsing, 3, 388, 592, 618, 693,

715a. Von Baumbach v. Sargent Co., 2-XXV,

830. 954. Von Gal-Scale v. Cottrell, 495, 772a. Vore V. Ephraim, 105, 320, 375. Vulcano Claim, 789.

W

W. & C. Co. V. De Witt, 11.

Wadklns v. Producers Oil Co., 985, 1131.

Wagner v, Baird, 385, 1029.

V. City, 388a.

V. Dorris, 493.

V. Hanson. 1-CXXIV.

V. Mallory, 990. Wagner Corp., 1073. WaKoner Co. v. Marlow, 991. Wahl V. Larsen. 1159. Walles V. Davies, 300, 309, 389, 428, 472.

569. 650. 706. 951. WaltB V. Moore, 385. Wakemari v. Norton. 546, 681, 1140. Walker, 97, 222. 729, 807.

V. Bruce, 888.

V. Clark, 415.

V, KingHbury, 30, 296.

V. Shasta Co., 638.

V. S. P. R. Co.. 731.

BaMin Co, v. Morson, 96, 261.

River DiHtrlct, 87. Wall V. U. S. Co.. 11, 138, 398. 676. Wallace, 241.

V. Hudson, 382. Walla Walla v. Walla Walla Co., 399.

Wallner v. Barry, 1-V.

Walls v. Midland Carbon Co., 1042.

VValrath v. Champion Co., 143. 533, 674.

78G. Walsh V. Erwin, 1-XC, 3, 521, 706. V. Ford, 315. V. Henry, 522, 601. V. Hall. 3.

V. Kansas Co., 323, 1139. V. Kansas Fuel Co., 967. V. Kleinschmidt. 357, 433, 745, 1158. V. Mueller, 719. Walters v. Prairie Co., 1012. Walton V. Wild Goose Co., 1-LXXXV, 5, 304, 390, 428, 472, 521, 522, 687, 708, 723, 778, 781; Appendix B, Form No. 45. Wapa Co. V. McBride, 966, 999. Ward V. Carp River Co., 953. V. Daugherty, 972. v. Eastwood, 1-CXXX. v. Massachusetts Co., 1 -LXI. Wardel v. Watson, 1144. Ware v. White, 5, 492, 703, 736. Warnekros v. Cowan, 297, 346, 412, 452. Warner v. Page, 955. Warnock v. De Witt. 429, 513, 650, 750. Warren v. Boggs. 2-XVI. 11. v. Colorado, 10. Co. V. Gilliam, 955. Mill Site V. Copper Prince Lode, 815, 917. Wasatch Mines Co., 536. Wasco Co. V. Coffee. 1057. Wash V. East Butte Co., 222. Washburn v. Gillespie, 1028, 1030 ; Appen- dix B, Form No. 19. V. Inter-Mt. Co., 2-VI, 565, 641. V. Railroad Co., 398. Washington v. Geisler, 9G.

Co. V. McBride, 731. V. O'Laughlin, 1-XXXVI, 699, 706, 736. Washoe Co. v. Junila, l-LVH, 607, 793. Waskey v. Chambers, 831.

V. Hammer, 1-XXX, 203, 224, 271, 522, 584, 591, 723. 740, 758, 779. 781, 1065. V. McNaught, 1-CXXI, 11, 382. Wasson, 343. Water Co. v. Bugbee. 95. Waterford v. Turlock, 1171. Waterhouse v. Scott. 1-XXXVI, 368, 450. Waterloo Co., 618.

V. Doe, 1-LXIII, 15, 126, 155, 358, 394, 462, 591, 618, 679, 731, 781, 929, Waterman v. Banks, 416, 831. 978. 1053.

V. Davis, 1148. Waters v. Cline, 1134.

V. Stevenson, 390, 393. Watervale Co. v. Leach 147. 311, 542, 627c,

Watkins v. King, 3, 6.

V. Warren, 996. Watson V. Fisher, 414. V. Hecla Co., 481a. V. Lederer, 1-XC VII. V. Pyramid Co., 1021.

et al. V. Alberts et al. 565. Watterson v. Cruse, 1-LXXXV, 2-VI. 31. 382, 383. 386a. 439a. 641, 729. 751, 810, 811, 1075. 1166. Watts V. Ely Co., 25. V. England, 844. V. Keller, 414. Wax, 4, 236. 1063. Wayland v. Latham, 360. Weare v. Van Meter, 1167. Weaver. 1061.

V. Atlantic Corp., 822. V. Atlas Co.. 954. V. Ho watt. 1-CXXV.

Table Of Cases

(References are to sections)

ebb V. American Asphaltum Co., 780. V. American Co., 1-LXXX, 11, 129,

366, 594, 674, 715, 1048. V. Board, 198. V. Carlon, 693, 774. V. O'Brien, 831, 954. ebber v. Clarke, 1100, 1116. eed V. Snook, 1-LXXXIV, 2-XVII, 187, 431, 581, 592, 701, 731, 781, 1101. Weeks v. Goltra, 399. Weese v. Barker, 1-CXI, 1152. Wehrman v. Conklin, 385. Weibbold v. Davis, 34 5. Weiderkind v. Tuolumne Co., 648. Weierle v. Salmino, 481. Weill V. Lucerne Co., 424, 428, 582. Weimer v. Lowery, 390. Weinstein v. Granite Mt. Co., 465. Weise, 1-CLXIV, 729.

V. Barker, 652, 705. Welch V. Garret, 626. Welland v. Huber, 778, 1133. V. Williams. 1159.

Co. V. Hathaway, 425. Wells, 316, 715a.

V. Davis, 540, 763. V. Western Union Tel. Co., 385. Wells Fargo Bank v. Barnette, 385. Wellsville Oil Co. v. Miller, 2-V, 990. Wemple v. Producers Oil Co., 974.

v. Yosemite Co., 582. Wendell v. Willetts, 57 8. Werner v. McNulty, 759. Wessler v. Brankman. 442. West V. Bender. 1-LXI.

V. Edvirard Rutledge Co., 297. V. Kansas Co., 2-XII, 92, 1042, 1046 V. Krushnic, 113. V. Lyders, 1-CLXIV. V. Minneapolis Co., 568. V. Minnesota Co., 373. V. Octoraro Co., 640. V. Rutledge, 78, 201.

V. Standard Oil Co., 96, 261, 285, 374

B 610. 914.

K V. U. S. Co., 153.

K - V. U. S., 210, 261, 773, 1152. Hi V. Work, 14, 17, 116, 610.

Granite Co. v. Granite Co., 758, 1142.

Pratt Co. v. Dorman, 323, 583, 1033

Hp 1143.

Virginia Co. v. Towers, 2-XXII.

Westal V. Young, 626. Westerman v. Dinsmore, 385, 831, 1029.

V. Means, 1053. Western Electric Co. v. Colley, 823. Co. V. Tate, 391.

rCo. V. Venago Corp., 574, 953a, Oil Co. V. Lipscomb, 1046. P. Co. V. U. S., 105. Rope Co V. Overland Petroleum Co., 561. Salt Co. V. Haserot, 221. Works V. California Co., Westmoreland Co. v. DeWitt, 966, 970. Westport Co. v. Thomas, 630. Wetherly v. Straus, 404. Wettengel v. Gormley, 982. Wetzstein v. Largey, l-III, 1155. Weyerhauser v. Hoyt, 110, 262. Weyse v. Biedebach, 343, 1115. Whalen v. Gordon, 354.

Co. V. Whalen, 389, 481, 659. Wheat V. Otife Co., 566. Wheeland v. Fredonia Co., 1019. Wheeler, 313,759. v. Dunn, 1126. V. Sanger, 445. v. Smith, 1-XCVI. V. West, 830, 879, 882, 1133.

Wheeling Co. v. Elder, 978, 1053. Whildin v. Maryland Co., 1-LXII, 544, 915 Whiles v. Grand Junction Co., 321. Whipple V. Hutchinson, 403. Whistler v. McDonald, 889. Whitaker v. Whitaker Co., 291. Whitcomb v. White, 261. White, 39, 65.

V. Hendley, 1034. V. Sage, 415.

Co. V. Pettes Co., 1-LXIX. L. E., Co. V. Mendocino, 297. & Lee, 524, 780. Cloud Co., 273. Extension Lode, 1086. Star Co. V. Hultberg, 1-LXXXV. Whited V. Wheless, 107. Whitehead v. Shattuck, 382, 409. Whiting V. Straup, 189, 485, 490a, 599,

731, 778, 1101. Whitman v. Haltenhoff, 368, 462, 10n3

Whitmore v. Plea.sant Valley Co., 37. Whittaker v. Pendola, 55, 297, 388a. Whitten v. Read, 269, 297, 941, 1079.

v. Young, 105, 372. Whittenbrock v. Wheadon, 1130. Whitwell V. Goodsell, 478. Wholey v. Cavanaugh, 586. Wickes Bros. v. Hill, 565. Widdicombe v. Childer, 9 42. Wiegert v. N. P. R. Co., 229. Wienke v. Smith, 425. Wigand v. Byrnes, 484. Wight v. Dubois, 375, 440, 462, 1081.

V. Tabor, 592. Wilbur V. Everhardy, 583.

V. Krushnic. 1-LXXXV, 11, 23, 261, 262, 296, 316, 372, 386a, 429, 430. 478, ol2, 520, 650, 652, 654, 730, 757, 914, 650, 1051. Wilcox, 87.

V. Jackson, 1-CLXIV, 15, 1131. V. McConnell, 944, 1098g. Wilcoxson V. Stitt, 416. Wild V. Holt, 390. Wilder v. Nicolaus, 1117. Wiley V. Helen, 1127. Willeford v. Bell ; Appendix B, Form No,

Wilheim v. Bauman, 410. Wilhelm v. Silvester, 147, 594, 674, 781,

Co. V. Leach, 915. Wilkes V. Brady, 883. Wilkinson v. N. P. Ry. Co., 102, 626. Willard v. Willard, 382. V. Wood, 385, 1029. Willeford v. Bell, 1-CXVII, 521, 592, 691,

Willey V. Decker. 81.

V. N. P. R. Co., 468. William Branfoot, 578. Dawson, 1073.

Firth Co. v. South Carolina Loan & Truist Co., 565. Williams v. Bennett, 909. V. Bruton, 1171. v. Central Co., 1-XXXVIIa. V. Cordingly, 749. 907. V. Dickinson, 668. V. Foss, 415. V. Hawley, 823. V. Hopkins, 289. V. Long, 390, 400, 978, 1053. V. Mountaineer Co., 823. V. Pomeroy Co., 402. V. Santa Clara Ass'n, 1-CXII. V. San Pedro, 108. V. South Penn. Co.. 583, 1143. V. Toledo Co., 1-CXLVI.

Table Of Cases

(References are to sections)

Williams v. U. S., 372, 632 ; Appendix B, Form No. 44. H. D., Co. V. U. S., 55. Williamson v. Fleeger, 1158.

V. Jones, 1003, 1161.

V. Pratt, 536, 681.

V. U. S., 59. Willis V. Lauridson, 399. Wlllitt V. Baker. 347, 389. 429. 455, 478,

650, 660, 756. Wills V. Blaln, 376, 704, 746. Willoughby v. Brandes, 1154. Willows Co. V. Connell, 1100. Willson V. Cleaveland, 428.

V. Ringwood, 389, 496, 659. Wilmington City Co. v. Taylor, 399. Wilmon v. Aros, 229. Wilmore Co. v. Brown, 839. Wilms V. Jess, 1143. Wilson, 1-LVII

V. Coffey, 1057.

V. Elk Co., 261.

V. Freeman, 512, 652, 699, 737.

V. Linder, 1157.

V. Missouri Co., 1153.

V. Nugent. 829.

V. Triumph Co., 4, 384, 488, 568, 773.

V. Wilson, 942.

Co. V. U. S.. 1-XLrIII. Creek Co. v. Montgomery, 793. Wiltsee v. King Co., 690, 766. Windiate v. Leland. 1134. Windsor Reservoir Co. v. Miller, 83, 93, 315. Winemiller v. Page, 2-XXI. Winscott V. N. P. R. Co., 227, 281. Winship V. Wilkes, 2-XXIII, 2-XXIV. Winter v. Bostwick, 1127. Lode, 605, 623, 941. Winters v. Burkland, 309, 478, 601, 650, 731.

V. Stock, 585.

V. U. S., 81. Wirth V. Branson, 1-CLXIV, 942. Wisconsin Co. v. Foroyite, 262.

-Texas Co. v. Clutter, 434, 1000. Wise V. Watts, 586. Wiseman v. Eastman, 262. Wlshon V. Western Co., Appendix B, Form

No. 8. Witherill v. Brehm, 80, 583. Witherspoon v. Duncan, 1-LVII. Witherington v. Gypsy Oil Co., 981. Wolbol V. Steinhoff, 55. Wolenberg, 346, 449, 453, 476. Wolf V. Donahue, 415.

V. St. Louis Co., 648. Wolfe, 88.

V. Childs, 1159. Wolfley V. Lebanon Co., 253, 542, 787, 938,

Wolfskin V. Smith, 439a. Wolpert V. Gripton, 385. Wolverton v. Nichols, 346, 352, 382, 455,

Wood V. Anderson. 414, 415, 1134.

V. Beach, 1-CCII.

V. Buford. 399.

V. Carpenter, 336, 337.

V. Ettlwanda Co., 1-LXV, 428.

V. Henley, 382, 1'115, 1152.

V. Morewood, 390. Woodenware Co. v. U. S., 72, 390. Wood Placer Co., 204, 525. 534. Woodlawn Bank v. Drainage Dist.. 399. Woodley V. Holllngsworth, 956. Woodman v. McGllvary. 280, 462, 1079. Woodrow V. Weeks. 1-XXXVIIa. Woodruff V. North Bloomfleld Co., 1-LXXV, 82, 205, 222, 301. 313. 399. 625. 626, 628. 1112. Wood* V. Holden. 68, 171, 463, 740, 914.

V. , 1117. V. Rolls, 401.

Woodide V. Ciceroni, 881. 881, 1148. Woodson V. Tonrsrson, 1162.

Woodward v. Balrd, 574, 575. V. McAdam, 585, Co. V. Jones, 1-LXXIX. Woody V. Barnard, 301, 492.

V. Hinds, 354. Woolman v. Garringer, 945. Woors V. Smaw, 581. Wooton V. Dragon Co., 1-LXXVII, 483.

V. McAdoo, 1000, 1018. Worcester v. Kitts, 9 9, 374. Work V. Braffet, 76, 261, 296, 316, 429, 610, 650, 914, 1048. V. Louisiana, 78, 94. V. Mosier, 296. V. Rives, 296. V. U. S., 1036.

Co. V. Doctor Jack Pot Co., 143, 261, 466, 542, 557, 593, 600, 683, 688, 7S7, 929 1096. Works V. Beachland Co., 261. V. C. P. R. Co., 105, 606. World Fair Co. v. Powers. 978, 1053. Worthen v. Sidway, 4, 188, 429, 512, 521, 651, 691, 721, 1103, 1140, 1163. Co. v. Alaska Juneau Co., 420. W. P. R. Co. V. U. S., 10, 927. Wren v. Dixon, 344. Wright, 191.

V. Blodgett, 107.

V. Carter Oil Co., 954, 1036 ; Appendix

B, Form 21. V. Hartville, 445. V. Killian, 300, 389, 492. v. Lyons, 309, 601, 688, 759. V. Morgan, 1131. V. Rodgers, 1016. V. Roseberry, 99, 262. V. Sioux Co., 1063. V. Town, :-XXXI. 50. Wright-Blodgett Co., 1093. Wynn v. Garland. 879. Wyoming, 96.

V. Colorado, 80. 85. 626. V. U. S., 1-XXlX, 53, 96, 261, 296, 313, 386a, 609. Wyoming Co. v. Champion Co., 138.

Yakutat Company, 1091.

Yandes v. Wright, 2-XXVII, 14, 324, 1139.

Yankee Lode, 643, 1066.

Mill Site, 729, 807, 1075. Yard, 1-CCI, 31, 186, 505, 569, 606, 652,

V. Cook, 464. Yarwood v. Johnson, 482, 484, 749, 1152;

Appendix B, Form No. 44. Yates V. Milwaukee Co., 196.

V. State. 1155. Yeast V. Price, 25. Yellow Aster Co. v. Winchell, 353.

Poplar Co. V. Thompson, 583, 1143. Yjosevig V. Donohoe, 586. Yolo Water Co. v. Hudson. 636. York V. Davidson, 79, 313.

V. Warren Co., 1002. Yosemite Co. v. Emerson, 300, 309, 387,

429, 704, 752. Youghlogheny Co. v. Allegheny Bank, 321

V. Hopkins, 1144. Young V. Forest Oil Co., 2-1, 2-XXIII.

v. Goldsteen, 50, 346, 445.

V. Krumme, 888.

V. Matthew Turner Co., 416.

V. Mutual Co., 666.

V. Northern Co., 953.

V. Papst, 3. 630, 693, 721.

V. Peck, 470.

V. Scott, 997.

V. Vallejo Co., 640.

V. Young, 1158. Youngs Co. V. Courtney, 840.

Table Of Cases

(References are to sections)

Yreka Co. v. Knight, 389, 483, 488. 490, 491,

Yuba Co. V. Cloke, 205, 222.

County V. Kate Hayes Co., 399.

Zarnlck v. Reiss Co., l-UXI. Zeckendorf v. Hutchinson, 583, 620, 722. Zeigrer v. Dowdy, 8, 704, 758, 1099. Zeigler V. Brenneman, 1-CCI, 401, 405, 1002,

Zeimatz v. Blake, 417.

Zellenken v. Lynch, 414, 834.

Zellner v. Wassman, 1133.

Zelma Oil Co. v. Nemo Oil Co., 390.

Zerres v. Vanina, 1-CXXXIII, 6, 300. 308,

387, 428, 496, 521, 592, 650, 694, 705,

706, 720, 734, 1102. Zimmerman v. Brunson, 1-CLXXXVII, 8,

11, 219. V, Funchion, 390. 522, 723. Zinc Co. V. Franklinite Co., 2-XXVII, 11,

Zoharopulos v. Hamilton, 581. Zollars V. Evans, 602. 781.

Statutes Cited

(References are to sections)

Act of July 26, 1866

105, 314, 544, 626, 789

July 9, 1870 314, 626

May 10, 1872 486, 789

February 11, 1875 472

March 3, 1877 314, 315

June 3, 1878 57

January 22, 1880 1067

February 8, 1887 1150

March 3, 1891 20, 30, 315, 337

July 16, 1894 381

May 14, 1898 874

January 31, 1901 115

April 28, 1904 536

February 1, 1905 37, 38

March 2, 1907 484, 757

February 24, 1909

Appendix B, Form 67a

March 4, 1909 Appendix B, Form 2

June 22, 1910 1150

June 25, 1910 1150

March 2, 1911 619

July 17, 1914 264, 315, 1150

April 14, 1915 216

December 29, 1916 53

October 2, 1917 1150

June 30, 1919 864

September 29, 1919 313, 1150

February 5, 1920 218

February 25, 1920 14, 22,

93, 221, 313, 315, 650, 773, 1072, 1150

June 10, 1920 87, 1150

March 8, 1922 115

September 22. 1922 872

March 4, 1923 313, 1150

June 6, 1924 313, 1150

February 13, 1925 292

March 3, 1925 270

January 25, 1927 95

February 7, 1927 216

March 3, 1927 24a

December 11, 1928 -221

February 28, 1931 1048

June 6, 1932 474

June 13, 1933 29

June 21, 1934 95

May 7. 1942 474

May 3, 1943 47-'

Alaska, Session Laws of 115,

307, 907; Appendix A, pp. 637, 668 Arizona Statutes 31, 307, 502, 506,

630, 692, 825 ; Appendix A. p. 668

C. & M. Ann. Statutes 667, 668

California Civil Code

l-III, 114, 205, 248, 300, 307. 345,

416. 498, 502, 506, 513, 514, 514a.

525, 570, 588, 627a, 641. 650, 689,

707, 725, 750, 764. 811. 828, 830.

858. 888. 894. 950. 954. 1020. 1057.

1060. 1123, 1132: Appendix B,

Forms 29 and 33. Code of Civil Procedure

Preface, 249, 250, 260, 300, 345, 471.

578. 627, 627b. 638, 658. 670. 716,

825. 939. 1133: Appendix A. p. 658

Debris Commission 79

Leffislatlon on Oil and Gas 1046

"Mineral Leasing Act" of 1921. ..875 PollUcal Code

...78. 674, 878a : Appendix A. p. 668 Public Resources Code

496. 532. 650, 692. 725. 729. 764,

811. 888. 1133 : Appendix A. pp. 663

to 664 : Appendix B. Forms 34 and 82

Statutes Preface, 80, 195, 248,

260, 574, 574a, 648, GG7, 877. 907, 1045, 1133 ; Appendix A, pp. 664-668

Caminetti Act 205

Gary Act" 77

Colorado Comp. Laws 692

Mills Ann. St._249 ; Appendix A, p. 668

Commissioner's letter of September 1,

1922, to San Francisco District

Cadastral Engineer 484

Community Property in Public Lands_1130

Congressional Record 1048

Desert Land Laws 77

English Statutes, 7 and 8 Geo. IV 667

Federal Statutes 87, 320, 579, 800

St. Ann. (2d ed.) 5.

19. 26, 35, 74, 75, 102, 114, 116, 188, 236, 245, 312, 313, 336, 342, 347, 468, 474, 592, 624. 946, 951, 1120

Water Power Act 1150

Idaho Civil Code 495, 753, 907, 1133

Code Ann. 692

Comp. Stat Appendix A, p. 668

Revised Statutes 894

Session Laws of 481, 483, 495

Illinois Statutes 460, 464, 1149

Indian Appropriations Act 20

Indian Lands Act 1150

Instructions .' 1-CLXXXI,

23, 24a, 56, 88, 103, 207, 270, 313, 450, 459, 470, 484, 486, 521, 1068, 1077, 1081, 1082.

Land Office Circular 35, 115, 313,

1156: Appendix B, Form 20.

Circular to Applicants 252

Mining Regulations 24a,

53, 65, 111, 115, 210, 216, 225, 232, 233, 235, 236, 242, 243, 244, 245, 246, 247, 252, 253, 255, 257, 273, 274. 282. 286, 287, 317, 330, 343, 447, 453, 457, 462, 502, 506, 685. 721, 814, 848, 865, 924, 1061, 1062 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1075, 1076, 1077, 1079, 1080, 1081, 1082, 1083. 1088, 1089, 1091, 1098; Appendix B, Forms 54, 56, 64, 77. Rules of Practice__276, 277, 278, 279, 283, 462, 464 ; Appendix B, Form 80.

"Leasing Act of February 25, 1920"

22, 93, 386a, 650, 773,

1051. 1072. 1150.

Montana Codes Ann 306

Code of Civil Procedure —938, 1158

Political Code 248

Revised Codes

__300, 402, 692, 894; Appendix A, p. 668.

Statutes Preface, 429, 750

Nevada Compiled Laws

249, 502, 692. 714 ; Appendix

A. p. 668.

Laws 1907 714, 1133

Revised Laws

.__248. 307. 402. 405. 506, 667. 707

Statutes 357. 630. 693. 707, 716.

New Mexico Compiled Laws

402. 692; Appendix A, p. 668

North Dakota Comp. Laws ...692

Revised Codes 249

Oil and Gas, California Legislation on.. , 1046

(816)

Statutes Cited

(References are to sections)

Oil and Gas Circular No. 11 1043

Oklahoma, Constitution of 116

Session, Laws of 116

Oregon— B & C Codes 307, 716, 1133

Code Appendix A, p. 668

Statutes_502, 630, 693, 707, 716, 907

Public Lands Com., Report of 168

"Public Utilities Act" 639

South Dakota Comp. Laws 692

Ann. Statutes 24!)

Stock-Raising Homesteads-_53, 920, 1150

Surface Acts 1150

Texas Com. A. 1044

Timber and Stone Act 57

U. S. C. A

1081, 10S8 : Appendix A, pp. 621-637 U. S. Code__73, 271, 846, 692, 1050, 1097

U. S. Compiled Statutes

--l-CL, 1-CLXXVIII.

1-CCII, 3, 11, 12, 13, 14, 17, 20, 26, 27, 30, 37, 38, 39, 40, 41, 43, 44, 53, 74, 75, 76, 77, 80, 84, 93, 107, 112, 113, 115, 116, 187, 207, 216, 218, 219, 223, 226, 227, 234, 255, 261, 264, 266, 267, 269, 271, 289, 292, 307, 311, 312, 313, 315, 317, 318, 326, 335, 336, 340, 347, 348, 358, 367, 382, 383, 411, 437, 449, 457, 459, 460, 472, 474, 481, 487, 490a, 497, 498, 536, 583, 591, 627d, 681, 684,, 718, 729, 733, 757, 778, 807, 811, 814, 914, 917, 920, 1061, 1062, 1064, 1066, 1067, 1070, 1072, 1075, 1077, 1078, 1079, 1080, 1081, 1083, 1102, 1103.

Laws 1068, 1098

Revised Statutes

1-Xxix, 1-Xxx, 3, 15, 93, 149,

170, 186, 211, 218, 226, 229, 242, 245, 266, 271, 273, 295, 307, 315, 342, 349. 352, 382, 383, 386a, 411, 440, 447, 457, 472, 486, 490a, 502, 503, 525, 542, 543, 583, 591, 592, 608, 624, 626, 027b. 627d, 650, 674, 722, 733, 7G4, 779, 781, 793, 798, 807, 814, 826, 917, 929, 938, 939, 951, 1051, 1066, 1075, 1084, 1098e, 1102, 1161 ; Appendix A, pp. 621-637.

Statutes

Preface, l-III, 1-XIII, 1-XXX

1-L, 29, 56, 87, 88, 95, 112a, 205, 230, 311, 312, 345, 386a, 474, 627c, 650. 750a, 773, 848, 1048, 1052 ; Appendix A. pp. 621-637 ; Appendix B, Form 2.

Utah Comp. Law.'< Appendix A, p. 668

General Codes 402

Revised Statutes

249, 692 ; Appendix A, p. 668

Washington, Pierce's Code

Appendix A, p. 668

Rem. & Ball. Codes of 1909 525

(Wash.) Stats 692

Water Power Act (federal) 62r.

"Weeks Law" 43

Wyoming Laws, 1920 631

Comp. Laws 692 ; Appendix A, p. 668

Textbooks Cited

(References are to sections)

American and Englisii Encyclopedia of Law. Preface, 415. 559, 709. 902. 1170

Decisions 883

Law Register

322. 420, 474. 585. 629.

648. 773, 902, 1020, 1037, 1143, 1146 State Reports__149, 229. 559, 583. 1033

Annotated Cases

16. 902, 904, 954, 976. 1139

Appeal of Colby 1037

Bainbridge. Law of Mines 881

Ballinger's Codes 907

Bancroft, H. H Preface

Barringer & Adams, Mines and Mining

1-Cxxxiv. 647

Bates on Partnership 899

Bayley on Mineral and Rock 11

Blovens Chemistry 11

Bohlen, Prof. Francis H 648

Bronson on Fixtures 565

Broom's Legal Maxims 1-CI. 822

Brown's Report 299

California App 419. 588,

648, 665, 828; Appendix B. Form 28

Appeal Decisions

1-Lxxix, 1-Cxiv. 16

Juris 385. 415, 636, 666. 1037

State Mineralogist's Report XX

Preface. 1-LXXXVI, 862. 1046

State Mineralogist's Report XXI

F*rpf fLCP Carter's' Co6e~S"SS"SSS"""S- 90, 637

Century Dictionary

1-XV, 1-CLXXVn. 11

Chamberlain on Modern Evidence 1019

Choate's Rev. Codes (Mont.)

Appendix A, p. 668

Contents and Protests 462, 1091

Copps Land Owner 114. 776

Mining Law 10, 11. 218

Corpus Juris 385, 430, 565. 586. 648,

776, 900, 902, 904, 909, 1019, 1120

Costigan Mining Law

1-Xix, 1-L, 1-Liv, 1-Lxxix,

114, 171, 188. 197. 307. 406, 428, 430, 436. 486. 538, 602, 607, 627c, 651, 663, 684, 689. 699. 705, 728, 798, 811, 949. 1158. 1164; Appendix B. Form 54.

Cyclopedia 88. 116, 261,

382. 391, 586, 899, 902, 905, 1171 Deering's C. C. P. of Cal., Preface.

DeFooz on Mines 299

De Fooz Preface

Devlin on Real Estate, 713. Dlller, Educational Series of Rock Speci- mens, U. S. Geological Survey Bul- letin No. 150 11

Encyclopedia of Pleading and Practice

391, 392. 1152

Endllch on Statutes 450

English and Irish Appeals 648

Ruling Cases 681

Statutes, 7 and 8, Geo. 677

Farnham on Waters, 79.

Fletcher on Corporations

Appendix B, Form 4

Freeman on Cotenancy and Partition

Gelke. Struct, and Field Geology, 186.

Text Book of Geology 150b

"Genesis of Ore Deposits" 140

Olossanr, U. 8. Gtoolofflcal Survey Bulletin No. 96 11

Gould on Waters 647

Greenleaf's Evidence 1016

Hare & Wallace's Notes 1053

Hillyer's Comp. Laws (Nev.)

Appendix A, p. 668

Lead. Cas. in Eq 1053

Jacobs Law Dictionary 1-XCVI

James on Option Contracts 416

Jones on Easements 967

on the Law of Real Property 565

Joyce on Injunctions 399

Judicial Code 289, 290, 292, 293

Kent's Commentaries 565

Kerr's Bien. Supp. 1921 191

Land Decisions l-I. 1-IIIa. 1-XXX. 1-

XCVIII, 1-C, 1-CXXIV, 1-CXXV, 11, 20, 20b, 26, 27, 31, 38, 41, 44, 56, 65, 72, 82, 83. 85. 87, 88, 90. 93. 96, 102, 112a, 115, 210, 216, 217. 220a, 223, 224, 225, 226, 227, 232, 251, 252, 264, 270, 271, 275, 282, 307, 313, 317. 318. 362, 372, 434, 444, 472, 474, 480, 520, 574b, 591, 594, 713, 715, 715a, 716, 762, 764, 765, 773, 775, 779, 848. 856. 871. 872, 1048, 1051, 1063, 1079, 1080, 1081 ; Appendix A, pp. 638- 652 ; Appendix B, Forms No. 64,66,78 Lawson's R. & R. & Pr., 559. Lawyers' Reports Ann

269, 586, 648, 948, 954, 978, 1016 New Series 532, 1142

Lindley on Mines (3d ed.)

_-_l-L, 1-LIV, 1-LXXXV, 3, 11, 25, 74, 79, 129. 130, 135, 171. 205. 248, 306, 401, 430, 453. 484, 486, 488, 525, 604, 625, 626. 663. 684, 699, 785, 810. 815. 897, 915, 938, 939, 1051, 1087

Lord's Laws 506

Manual of Instructions for the Survey of

the Public Lands 226

of Procedure, Min. Law. Dig 226

Mason's U. S. Code

1-XXX, 11, 24a, 32, 57, 116. 226,

270, 289, 292, 293, 313. 440, 472 McSwinney on Mines, 1-CXXXIV.

Mechem on Agency 381

Mercantile Trust Review of the Pacific

Preface

Mills and Willingham on Law of Oil and

Gas, 1021.

Mills Ann. St (Colo.)

. 249; Appendix A, p. 668

Mineral Industry 11

Mining Digest 11. 1087

Mining, Mineral and Geological Law__140 Morrison's Mining Rights

1-Cv, 390, 399. 436.

457, 558. 581. 626. 663, 735. 759. 815.

1081. 1087; Appendix B. Form 54

Oil and Gas Rights _-112, 115, 1048 Olson Gen. Laws Or., 716. Opinion Atty. Gen

1-Xlviii, 37, 42, 87, 93, 265

Oregon, Lord's Laws of 606

Page. Advanced Textbook on Geology, IV,

83 — 1-Xv

Pease, Robt M., on Lease Forms

Appendix B, Form No. 19

Perry on Trusts 1155

Phillip & Louis Ore Deposits 160b

Pierce's Code (Wash.)

Appendix A. p. 668

Pomeroy on Contracts 416, 1068

(818)

Textbooks Cited

(References are to sections)

Pomeroy's Equity Jurisprudence

405, 416, 417, 418, 668, 669, 1053

Equitable Remedies 417

Pomeroy on Specific Performance 1053

Riclcetts, A. H Preface

on Mines Appendix B, Form No. 19

Rockwell's Spanish Law Preface

Rose's Federal Procedure in Equity Form No. 465 ; Appendix B, Form No. 43

U. S. Notes

l-LXXXV, 3, 80, 385, 748, 881

Rowley on Modern Law of Partnership —

8.9.9, 902

Ruling: Case Law 132,

321, 388a. 414, 415, 419, 530, 586, 771, 778, 902, 1016, 1021, 1149, 1171,

Schouler on Personal Property 559

Shamel on Mining Law

1-X, 1-XI, 1-XVIII, 1-L, 1-CLX, 1- CLXXVII, 11, 12, 137, 140, 142, 159, 160, 163, 165, 533, 627b, 1132; Appendix B, Form 54.

Sickels Mining Law 11

Smith, Rec.

Snyder on Mines__486, 488, 607, 658, 967 Stewart on Mines and Mining.l-CXXXIV

Story's Equity Jurisprudence 1053

Story on Partnership 902

676,

Strech, Prospecting, Locating, and

Valuing Mines 149

Summers on Oil and Gas

__823, 881, 954, 976, 1019, 1021

Sutherland on Damages 391

Thompson on Real Property ll72d

Thornton's Law of Oil and Gas

__897, 954, 960, 995; Appendix B, Form 19. Underbill on Landlord and Tenant__994 U. S. Bureau of Mines, Bulletin 210, 1047

Forest Service Use Book 627c

Geological Survey Bulletin 95

11. 1075

Geological Survey Bulletin 150__11

Law Week 195, n. 28

University of Pennsylvania Law Review

Vernon's Ann. Texas Statutes 116, 307

C. and C. Stats. 116

Revised C. S. 116

Sayles Texas C. S 116

Von Cotta's Ore Deposits (Prime's Trans- lation) 150a, 150b

Washburn on Easements 1-CXIV

Wharton's Contracts 1053

White on Mines and Mining Remedies —

1-Cxxxiv, 1019

Yale on Mining Claims and Water Rights Preface, 299

b

Index

(References are to sections)

Abandonment

<S'ee, also, Mining Terms and Phrases,

Annual Expenditure, Forfeiture,

Locations, abandoned claim, presumption of own- ership of orebodies in, 435, n. 44 presumption that owner has, must be

supported by very strong circum- stances, 435, n. 42 al)sence from claim not, 434, n. 32 actual, by senior locator, 435, n. 43 acquiescence in invalid sale, 428, n. 2 adverse claim, failure to file is, 434,

n. 40 advertising out of cotenant, 433, n. 30 ;

1155, n. 18 to 23 ; 1159, n. 40 Alaska, resumption of annual labor in,

429, n. 10 amended location not an, of all rights,

434, n. 36 correcting error in course of vein,

434, n. 36 is not an, 434, n. 36 to correct error in boundaries is not

an, 434, n. 36 animus revertendi is the simple test

of, 434, n. 32 ; 439, n. 49 annual expenditure, default in making

fatal in California and Montana,

429, n. 9 failing to make, land does not revert

to public domain, 1 subd. I ineffective, 429, n. 9 locations made prior to 1909, 429,

n. 9 must be proved in forfeiture, 429,

n. 7 appearance of claim may indicate, 430,

n. 15 ; 435, n. 41 assumption of, when warranted, 430,

n. 15 burden of proof, 428, n. 4 shifting of, 428, n. 4 upon plaintiff, 438, n. 49 by written instrument, 430, n. 18 Califomian rule of relocation, 429, n. 9 circumstances must be very strong to

presume, 435, n. 42 claim may be, before expiration of

assessment year, 1 subd. I, n. 1 common law principles of, 429, n. 7 conclusively presumed by laches, 428,

n. 3a contribution failure to make, 433, n. 30 conveyance after, inoperative, 431, n.

before or after discovery is not, 431,

n. 19, 21 by only one spouse, 432, n. 26 co-owner can not affect the rights of the other cotenants by an, 434, n. 28 attempt to exclude his co-owner by a

relocation is not an, 434, n. 37 defaulting cotenants failure to make

contribution, effect of, 434, n. 30 does not operate as reversion to

United States, 433, n. 28

does not restore to public domain,

434, n. 28

court determines question of, 438, n. 49

may treat part of claim as, 434, n. 36

courts inharmonious as to pleading,

428, n. 5 declaration of claimant may be un- availing as an, 428, n. 1 deeds before and after discovery, 431,

n. 19, 21 defined, 1 subd. I ; 428, n. 1 ; 429, n. 6 ;

430, n. 15, 16 determined by court or jury, 438, n. 49 from facts and circumstances, 428, n. 3 difference between, and forfeiture, 1 subd. I, n. 4; 429, n. 6, 7 ; 650, n. 1 discoverv, conveyance before or after, 43l', n. 19, 21 possession without, 431, n. 23 possessory title vests upon, 432, n, distinction between default in assess- ment work and, 430, n. 14 ; 1 subd. I between, and forfeiture, 429, n. 7 doctrine of, 1 subd. I, n. 1 effect of actual, 429, n. 6 effective instantly, 430, n. 14 entire work must be done by one or more of the co-owners claiming, 657, n. 21 estoppel not evidence of, 428, n. 2 ;

434, n. 34 evidence negative of, 428, n. 1

what is not of, 428, n. 1 ; 434, n. 34 failure of joint locator to contribute to assessment work may operate as, 433, n. 30 of one or all joint locators to per- form assessment work is, 433, n. to do annual labor may be, 430, n. 13

(821)

Index

(References are to sections)

Abandonment — Continued failure — continued

to work claim for any definite time if unaccompanied by other circum- stances is not, 434, n. 34 to work upon claim not evidence of,

428, n. 1 ; 434 forfeiture before, 429, n. 7

claim may be, before, 429, n. 7 default in making annual labor must

be shown, 429, n. 7 difference between, and, 1 subd. I ;

429, n. 6 discussed, 429, n. 7

involves no question of intent, 429,

n. 7 means loss of right, 429, n. 7 nature of, 429, n. 7 pleading and proof of, 429, n. 7 plea of, must set forth facts, 429,

n. 7 separate defense from, 429, n. 7 historical application to early mining

cases, 428, n. 1 husband and wife, 432, n. 26

conveyance by husband, 432, n. 26 husband may abandon location, 432, n. 26 implication of validity of location, 1,

n. 1 inchoate rights, loss of, 432, n. 24 to 26 intent to, not shown, 428, n. 1; 434, n. 33 shown, 434, n. 34 issues of fact of, determined by court

and tried by jury, 438, n. 49 joint owner's, does not transfer his in- terest to other co-ovmers, 434, n. does not work destruction of claim,

434, n. 28 relocation void, 434, n. 28 judicial sale, invalid, acquiescence in,

428, n. 2

junior locator, rights of, 435, n. 43 jury tries issue of fact of, 438, n. 49 laches conclusively presumed, 428, n.

3a land becomes open to next comer upon,

429, n. 7 ; 430, n. 14

land department, cancellation of part

of claim, 434, n. 38 lapse of time not evidence of, 1 subd.

I; 428. n. 1 Lavagnino Case, character of, 436, n. criticised, 436, n. 46 no longer regarded as authority, 436,

n. 47 question for decision stated, 436, n. leasing act, resumption of labor, 429, n. 12

leaving claim without returning is, 430,

n. 14 location, amendment of, to include part

excluded in patent proceedings,

434, n. 39 completion by others is not, 434, n.

may be, before forfeiture, 429, n. 7 may be made immediately upon, 430,

n. 14 posted notice of, 428, n. 1 resurvey of, in patent proceedings,

434, n. 39

locating partner may, 434, n, 28 locator's intentions, how determined,

1 subd. I loss of inchoate rights, 432, n. 24, 25,

may be to whole or part of claim, 433,

n. 27 mining claim, leaving without regard

as to whom may appropriate, 430,

n. 15 part excluded from application for

patent, 434, n. 38 Montana rule of relocation, 429, n. 9 negative evidence of, 428, n. 1 occupancy, relaxation of work is, 432,

n. 24 oil and gas leases, more readily found

in, 439, n. 50 orebodies within claim that has been,

435, n. 44

owner's declarations to contrary not

effective, 428, n. 1 partial or entire, 433, n. 27 to 30 patent, exclusion of part of claim in,

not an, 434, n. 39 patent proceedings, attempt to avoid land office ruling, 434, n, 38 cancellation of part of claim by land

office, 434, n. 38 conduct negativing intention to, 434,

n. 38 error in excluding part of claim not

an, 434, n. 39 intentional or mistaken exclusion not necessarily an, 434, n. 38 pleading, Californian rule, 428, n. 5 forfeiture, allegations in complaint,

429, n. 7 forfeiture and, 428, n. 6 presence and absence of allegation of, 428, n. 5 possession surrendered by, 429, n. 6 without discovery, how lost, 432, n.

without discovery, how maintained, 431, n. 28 posting new notice of location not evi- dence of, 428, n. 1 preservation of rights, 429. n. 9

Index

(References are to sections)

propuniptions, 428, n. 3a ; 435, n. 41 to 44

as to orebodies within claim that has been, 435, n. 44

general rule that, will not be pre- sumed, 435, n. 42 proof, burden of, may shift, 428, n. 4

burden of intent to, rests upon him who asserts it, 428 and n. 7

explanatory acts may establish ab- sence of intent to return, 434 and n. 23

facts or circumstances, 434, n. 2

may depend upon pleading, 434 and n. 5

must be clear and convincing, 428, n. 4

of abandonment, 428, n. 1 proved by acts and conduct, 428, n. 1 ; 434, n. 33

by acts, statements and circum- stances of particular case, 1 subd. I

competent evidence, 428, n. 3 ; 434, n. 33

with or without allegation oT, 428, n. 5 public domain, co-owner's, does not operate to restore to, 433, n. 38

failure to make annual labor land does not revert to the, 1 subd. I

upon, land reverts to, 430, n. 14 question of, can never arise except where there has been possession. 438, n. 49

does not present question of validity or invalidity of claim, 1, subd. I, n. 1

of fact and intent, 428, n. 1

of fact determined by court and tried by jury, 438, n. 49 range of inquiry is very wide, 428, n. 2 relocation, effected by written relin- quishment, 430, n. 18

annual expenditure ineffective, 429, n. 9

before adverse relocation, 429, n. 9

by another, 430, n. 14

by cotenant attempting to exclude cotenants is not an, 434, n, 37

by stepson valid, 429, n. 9

discussed, 429, n. 9

none within three years in Califor- nia and Montana, 429, n. 9

of invalid location not abandonment nor forfeiture, 434, n. 31

prevented by resumption of labor,

429, n. 9

under verbal agreemev., 430, n. 17 void, when, 434, n. 28 restores to public domain, 1 subd. I ;

430, n. 14

resumption of labor, none in Alaska, 429, n. 10 before adverse relocation, 429, n. 9 of labor within withdrawn areas,

429, n. 11, 12

return, inducement to, does not affect,

438, n. 49 rights of owner are not, by an amended location, 434, n. 36 are wholly divested by, 431, n. 19 rights that never existed can not be,

1 subd. I, n. 1 shafts, fencing. App. A. p. 665 simple test of, 434, n. 32 ; 438, n. 49 surrender of rights of exclu§ive right of

possession is, 429, n. 6 to 12 terminates right of possession, 429, n. 6 test of, 434, n. 32 ; 438, n. 49 title, conveyance before or after dis- covery, 431, n. 19, 21 by failure to contribute, 434, n. 30 conveyance by only one spouse, 432,

n. 26 none after, 431, n. 19 of relocator, 430, n. 16 of subsequent purchaser, 430, n, 16 possessory, vests upon discoverv, 432,

n. 25 vested, not necessarily lost by, 434, n. 35 tools or implements left upon ground may negative, and establish pos- session, 428, n. 1 transfer' of rights, 431, n. 19 to 23 tunnel locators must use reasonable diligence in working tunnel, 437 and n. 48 failure to work on tunnel considered an, 437, n. 48 tunnel site, cessation of work in, 437,

n. 48 verbal permission to relocate acts as,

430, n. 17

vested title not ordinarily lost by, 434,

n. 35 voluntary absence for nine years with- out acts of ownership constitutes

an, 434, n. 34 watchman's presence shows possession,

428, n. 1 what constitutes, 428, n. 1; 429, n. 6,

7, 8 ; 430 and n. 12 to 18 what will or will not constitute, 428,

n. 1 ; 430, n. 15 ; 434, n. 31 to 40 when complete, 429 and n. 7 who may, 432, n. 26 ; 433, n. 29, 30 withdrawn areas, no, if assessment

work not performed, 429, n. 11, 12 working claim, circumstances to be

considered in determining question

of, 428, n. 1 ; 434, n. 34 failure to, may not operate as, 434,

n. 34

Index

(References are to sections)

Abstract of Title

approval of, 1035

Adverse Claim

Appendix B, Form 55 compromise of. Appendix B, Form 6 notice of filing of, Appendix B, Form

Adverse Claims

See Adverse Suits, Federal Statutes of

Limitation, Patent Proceedinjrs abandonment after filing, 444, n. 8 absence of, effect, 443, n. 5, 6 ; 450, n.

05 , abstract of title, failure to file not necessarily fatal, 457, n. 74 should be filed with, 457, n. 73 action not subject to dismisvsal, 455

and n. 03, 04 affidavit, affiant must be cognizant of facts, 400, n. 83 agent can act only when principal

outside of district, 400, n, 84 before attorney voidable, 458, n, 75 before clerk of court, 459, n. 79 before notary public,/401, n. 89 before whom may be taken, 458, n.

75; 459 and n. 70 to 81 bevond limits of district, 459, n. 70

to 81 ; 400, n. 84 ; 401, n. 87 by authorized agent, 458, n. 75 by co-owner for himself and joint

claimants, 400, n. 80 by corporation, 401, n. 87, 88, 89 exceptions to general rule governing,

459 and n. 70 to 81 general rule, 458, n. 75 invalidity of, 400, n. 85 irregularity cured, 459, n. 81 limitations of notary, 401, n. 89 may be amended, 458, n. 75 ; 459, n.

may prevent issue of patent, 405,

and n. 109 must be made within proper land

district, 458, n. 75 of citizenship, 459, n. 76 of executive officer of corporation,

401, n. 87, 88 of person making, 400, n. 82 of posting notice made outside of

district, 459, n. 81 of publication when newspaper pub- lished outside of district, 459, n. to adverse claim, 459, n. 77 outside of district, 459, n. 80, 81 over telephone insufficient, 467, n. 67 principal outside of land district, 460 and n. 84 alien as adverse claimant, 353, n. 48 amendment of notice, 458, n. 76

appeal attaches only when protestant has substantial interest in prop- erty, 467, n. 113

by protestant, 402, n. 93 to 90 ; 467, n. 113

from rejection does not enlarge time to file, 454, n. 58

from rejection of, 454, n. 57

from rejection or dismissal of, does not stay commencement of adverse suit, 454 and n. 57

time for must expire before adverse rights can be initiated, 470, n. 122 applicant for patent not required to file, against subsequent adverse ap- plication, 444, n. 14 ; 447, n. 28

failure to comply with law, 443, n. 5 assumption because of failure to file,

443, n. 5 attorney in fact can act only when principal outside of district, 400, n. 82

failure to file authorization as, not fatal, 458, n. 75

may make, 457, n. 08

must furnish proof of appointment, 458, n. 75

or agent must be cognizant of facts, 400, n. 83 cancellation before final disposition of adverse proceedings, 408, n. 118

by land department, 408, n. 114 to

courts not harmonious as to effect of, 409 and n. 120

for defects in proof, 408, n. 115

effect upon application for patent, 409 and n. 120

exercise of power by land depart- ment necessary, 408, n. 115

grounds for, 408, n. 110, 117, 118

land department's right of, 408, n.

no adverse rights can be initiated un- til time for appeal expires, 471, n.

of entry based upon defective notice, 408, n. 118

prior to disposition of adverse pro- ceedings, 408, n. 119

proper notice before, 408, n. 119

requires new entry, 408, n. 118

uncertainty as to date when effective, 470 and n. 121, 122

when operative, 470, n. 121, 122 character of, 440, n. 1 ; 457, n. 07 to 74 character of land, 445 and n. 16

can not be raised, 446, n. 16; 447, n. 23

land department has exclusive right

to detertnine, 445, n. 16 ; 447, n. 24

claimant loses title by failure to file,

441 and n. 1; 443, n. 6; 462, n. 91

Index

(References are to sections)

must stand or fall upon rights as- serted in, 442, n. 3 of valid mining claim need not file, against townsite application for patent, 447, n. 30 protestant may be, 464, n. 105 rights limited, 441, n. 2 ; 442, n. 4 collateral attack, register's final certifi- cate of entry not subject to, 471, n. 123 compromise agreement specifically en- forced, 447, n. 32 compromise and settlement of, 442, n.

4 ; 447, n. 32 confidential relationships remedy for

violation, 444, n. 12, 13 conflict between mineral and nonmin- eral claimants, 445, n. 17 between mill site and mining claim

subject to, 445, n. 18 between town lot and mining claim

subject to, 445, n. 19 must exist during period of publica- tion, 445, n. 16 conflicting claims decided by court, 441,

n. 2 contemplate proceedings to determine

right of possession, 446, n. 16 contents of, 457, n. 67 to 72

mining law silent as to, 457, n. 69 must be those contemplated by law,

457, n. 67 proceeding on, not stayed, 467, n. 67 controversies between co-owners and persons claiming under same loca- tion not subject of, 445 and n. 16 co-owner may make, for himself and joint claimants, 460, n. 86 not required to file an, 447, n. 24 corporation, aflSdavit by officer of, 481, n. 87, 88 affidavit made outside of land dis- trict, 461, n. 87 corroborated protest may not be essen- tial prerequisite, 466, n. 110 court can not determine character of land, 445, n. 16 exclusive jurisdiction of, 457, n. 69 may determine sufficiency of plat, 457, n. 69 cotenants, rights of, 444, n. 9, 10, 11 ;

447, n. 26 default cuts off all claims, 440, n. 1 ;

462, n. 91 defaulting claimants may file protest,

462, n. 91 defined, 440, n. 1 ; 457 and n. 67 delayed patent, 467, n. Ill, 112, 113 discovery, no presumption as to pri- ority of, 453, n. 54 due process of law, publication is, 462,

n. 90 easement not subject of, 447, n. 37

effect of failure to file, 453, n. 55 ; 454,

n. 58 effect of filing, 452, n. 49 to 53

of absence of, 443 and n. 5, 6 enlargement of time to file in Alaska,

449, n. 40 equitable interest may delay issue of patent, 467, n. Ill right not lost by failure to file, 462, n. 98 evidence, former judgment admissible,

457, n. 69 extralateral right not subject of, 447,

n. 37 failure to assert, 440, n. 1 ; 460, n. 101 filing abstract of title, 457, n. 73 filing of, within period of newspaper

publication mandatory, 443, n. 5 inchoate right or speculative matter

not subject to, 446, n. 22 initiated after publication, 453, n. 56 instance of insufficiency of, 457, n. 69

of sufficiency of, 457, n. 69 insufficiency of, 457 and n. 67 insufficient, may be treated as protest,

457, n. 67 intention of law in providing for, 441,

n. 2 intersecting veins not subject of, 446,

n. 20 intervener, who can not be, 456, n. 65 intervention, municipal corporation

may, 456, n. 66 irregularity not fatal defect, 468, n.

judgment, former, admissible, 457, n. 69 judgment creditor may file, 447, n. 36 in prior action admissible in evi- dence, 456, n. 69 judicial notice by land department,

466 and n. 110 jurisdiction exclusive in court to deter- mine sufficiency of location and failure to show boundaries, 457, n. of land department in, 445, n. 16 known lode omitted from application,

447, n. 33 laches may bar action, 447, n. 27

may bar trust, 444, n. 12 land claimed by different parties under

different laws, 445, n. 16 land department, action by, when no suit, 448, n. 39 action by, when suit pending, 452, n.

49 ; 457, n. 67 cancellation by, 468, n. 114 to 119 effect of acts while suit is pending,

452, n. 49 judgment governs, 441, n. 2 jurisdiction of, 445, n. 16; 457, n. 67 suspension of proceedings in, 452, n. 49 to 53 ; 457, n. 67

Index

(References are to sections)

Adverse Claims — Continued

lien claimant need not file, 447, n. 34 limited to determination of surface con- flicts, 445 and n. 16, 17, 18 limitation of, what contemplated by,

445, n. 16. local land ofiicers can not receive, 450,

n. 43 mill site may be subject of, 445, n. 18 ;

815, n. 30, 31 mineral and nonmineral claimants, con- flicts between, 445, n. 17; 446, n. mineral claimant precluded from at- tack on patent, 463, n. 102 mort{?agee need not file, 447, n. 35 must be made under oath of claimant or agent or attorney, 460, n. 83, 84, 85 nature, boundaries and extent must be shown in, 457 and n. 69 proper designation of, 453, n. 55 newspaper, due publication, question of law and fact, 453, n. 55 failure to file proof of publication,

454, n. 57 proper publication decision mixed law

and fact, 453, n. 55 publication in, 450, n. 44 ; 451, n. 45, 46, 47 ; 453, n. 55 no equitable right lost by failure to file,

462, n. 98 not essefttial, 444, n. 9 to 15 not filed within statutory time is

waived, 448, n. 39 notice brings all adverse claimants into court, 462 and n. 90 discussed, 440, n. 1 has effect of summons, 440, n. 1 ;

462, n. 90 is due process of law, 462, n. 90 no waiver, 444, n. 7 to 12 oath, by whom made, 460, n. 82 to 86 optionee can not waive, 453, n. 54 owner in fee need not file, 444, n. 15;

447, n. 29 owners and claimants under same loca- tion can not file, 445 and n. 16 parties to, 455, n. 59 to 64; 456, n.

65, 66 patent, all conflicting claims to be ad- justed before, 441, n. 2 amended application, 444, n. 7 application creates no presumption as to priority of discovery, 453, n. 54 assumption of right to, 443, n. 5 delayed, 467 and n. Ill, 112, 113 denied because of protest, 465, n. 109 dormant application for, 453, n. 56 entry must be made anew, 468, n.

final evidence of title, 441, n. 2

follows judgment, 441, n. 2

issues to subsequent locator, 443, n. 5

land department in issuing, must

take notice of acts of congress and

other laws and regulations, 466,

n. 110 lawful basis for, 468, n. 118 not subject to contest as to basis,

463, n. 101 register's certificate of final entry

equivalent to patent, 471, n. 123 proceedings decide nothing but right

to surface, 445, n. 16 patentee as trustee, 447, n. 24 plat, court may determine sufliciency,

457, n. 69 excuse for not filing, 457, n. 70 failure to file fatal, 457, n. 70 impossibility to secure, 457, n. 70 insufficiency of, 457, n. 69 must accompany, 457, n. 70, 71, 72 need not be made by a surveyor, 457,

n. 71 what, must show, 457, n. 72 pleading, all material and issuable facts

should be alleged, 464 and n. 103 insufficiency of, 464, n. 104 possessory rights, conflicts exclusively

within jurisdiction of courts, 464,

n. 102 preliminary to suit, 442, n. 3, 4 presumption, exception to, that no,

exists, 453 and n. 56 none as to priority of discovery, 453,

n. 54 that if, is not filed within statutory

period that no, exists, 440, n. 1 ;

448, and n. 39 ; 453, n. 55 proof, directory provision for, irregu- larity can be cured, 468, n. 115 protest, adverse claimant may file, 462,

n. 92, 93 allegations in, 464, n. 103, 104, 105 any person may file, 462 and n. 92,

93, 97, 99 appeal attaches to substantial inter- est, 467, n. 113 as, 462, n. 97 by claimant of joint interest, 462,

and n. 101 confined to land department, 467,

and n. 112 contents of, 462. n. 92, 97, 99; 464,

n. 103 to 106 contract not to, may be illegal and

void, 463, n. 102 corroborated, is not prerequisite, 466,

n. 110 court can not determine sufficiency

of, 467, n. 112 disregarded, 462, n. 102 failure to file, 463. n. 101 filed as, 457, n. 67 ; 462, n. 97

Index

(References are to sections)

filed while adverse suit is pending, 464, n. 106

grounds of, 442, n. 5; 463, n. 99 to

hearing of, while suit pending, 464, n. 106

improper matter in, 463, n. 102

judicial knowledge of land depart- ment, 466 and n. 110

matters of evidence need not be al- leged in, 464, n. 103

may serve as, 457, n. 67; 462, n. 97

of prior locator, 443, n. 5

possessory right not involved in, 463, n. 102

relates solely to applicant's noncom- pliance with law, 464, n. 106

sufficiency of, 445, n. 18 ; 464, n. 103,

suggests error and proceedings be stayed, 463, n. 99

uncorroborated, 466 and n. 110

upon information and belief, 464, n.

without necessarily right of appeal, 462, n. 93, 94, 95 ; 467, n. 113 protestant as adverse claimant, 464, n. 105 ; 465, and n. 107, 108

burden of proof, on, 465, n. 107, 108

may or may not have right of appeal, 462, n. 94, 95, 96

not barred, 464, n. 105

substantial interest gives right of appeal, 462, n. 96 publication in weekly newspaper for sixty-three days does not extend time for filing, 450, n. 44

of notice of intention equivalent to summons, 440, n. 1 ; 462 and n. 90

sixty-three days in weekly news- papers, 450, n. 44 purpose of, 441, n, 2 quieting title decision of land depart- ment binding upon court, 453, n.

upon, arising after publication has expired, 452, n. 53 reasonable diligence, suit on, be

prosecuted with, 448, n. 39 raster's final receipt can not issue,

452, n. 53 register's final receipt, does not evi- dence forfeiture or relinquiiment, 469, n. 120

equivalent to patent issued, 471, n.

not connected with segregation or restoration of public domain, 469, n. 120

not subject to collateral attack, 471, n. 123

set aside as patents are set aside, 471, n. 124

rejection of, 454, n. 57, 58

effect of, application for patent, 469, n. 120 rights and claims not waived, 444, n. 7

to 15 sixtieth day falling on Sunday or a

holiday, 450, n. 42 sixty day limitation not necessarily

fatal, 553, n. 56 specific performance of compromise

agreement, 447, n. 32 stay of proceedings, exceptions, 468, n. 114 to 119 instances, 452, n. 49 to 53 subsurface rights, inchoate right or purely speculative matter not sub- ject of, 446 and n. 22 intersecting veins not subject of, 446,

n. 20 union of veins not subject of, 446, n. 21 sufficiency determined by court in pend- ing case, 457, n, 69 determined by land department, 457, n. 67 suit must be based upon rights asserted in, 442, n. 3 must be commenced in court of com- petent jurisdiction, 448, n. 39 must be commenced within thirty days after filing an, 448, n, 39 summons, notice* has effect of, 440, n.

1 ; 462, n. 90 Sunday or holiday, filing on next suc- ceeding day, 450, n. 42 surface conflict essential, 447, n. 35 conflict must be alleged, 444, n. 12 must be alleged in, 445, n. 16 survey impossible to obtain, informa- tion substituted, 457, n. 70 suspend proceedings in land depart- ment, except publication, posting and filing proof, 452, n. 49 tenant in common — action to quiet title, 444 and n. 9 may be barred by laches, 444, n. 12 may protect interest by filing protest before patent, 444, n. 10; 447, n. may sue to enforce trust in patent,

444, n, 11 ; 447, n. 27 need not file, 444, n. 9 not estopped by failure to file, 444, n. 9 termination of suspension of adversary

proceedings, 452, n. 50, 51, 52 time, computation of, 450, n. 41 to 44 enlargement of, to file, in Alaska,

449, n. 40 filing after statutory period, 450, n.

48; 451, n. 45 to 48 filing of, within sixty days, 448, n. 38, 39; 450, n. 41 to 44; 451, n. 45 to 48

Index

(References are to sections)

Adverse Claims — Contliiued time, computation of — continued land department can not enlarge, 451,

n. 46 limitation of, for filing, 450, n. 43,

44 ; 451, n. 45 to 48 misstatement in newspaper as to ter- mination does not enlarge, 451, n. no enlargement, 451, n. 45 to 48 not enlarged by excessive newspaper

publication, 451, n. 45 of filing, 448, n. 38, 39; 450, n. 41

to 44 ; 451, n. 45 to 48 pendency of appeal does not enlarge, to file, 454, n. 58 town lot may be subject of. 445, n. 18 trust may be barred by laches, 444, n.

trustor's interest protected by protest before patent or by suit thereafter, 447, n. 28, 29 tunnel site claimant need not file, when rights contingent and intangible, 447, n. 31 owner has only possibility before dis- covery of vein or lode, 447, n. 29 owner not called upon to adverse, 446, n. 22 uncorroborated protest will not be con- sidered, 466 and n. 110 under different laws, 445, n. 16 union of veins, conditions adjusted, 446, n. 21 not subject of. 446, n. 21 waived, 346, n. 3 ; 347 and n. 22 ; 350,

n. 35 ; 362, n. 9 waiver examples, 453, n. 54, 55, 56 failure to file suit within statutory period is a, 448, n. 39 ; 453, n. 54 ; 454, n. 58 how evidenced, 453 and n. 54 rights and claims, 444, n. 7 to 15 what does not operate as, 444, n. 7 when operative, 448, n. 39 what assumed in absence of, 443, n. 5. 6 what claims should not adverse, 447,

n. 23 to 37 what must be shown in and accompany,

457 and n. 69 to 72 when invalid, 460, n. 85 when, not barred, 453 and n. 56 who can waive, 444, n. 8 who may make, 460, n. 82 to 86 Adverse Possession

Bee Deeds, Possession, Surface Rights. Tenancy in Common

Adverse Suits

Hee, alio. Adverse Claims, Patent Pro- ceedings abandonment, 308, n. 86

affects only independent and conflict- ing locations, 347, n. P

authorizes land department to pro- ceed, 367, n. 08 filed by plaintiff. 368, n. 86 action at law or suit in equity, 346,

and n, 1 to 6 adjustment of conflicting claims not

against public policy, 368, n. 87 amended complaint, amendment al- lowed, 354, n. 43 can not be filed, when, 354, n. 43 covering additional ground, 354, n. amendment does not enlarge time to

file, 350, n. 35 assumption that none exists, 346, n. 3 basis of, 346, n. 3 discussed, 346, n. 3 Alaska, extension of time to file, 350,

n. 35, 449 and n, 40 answer

allegations in, 356, n. 46, 47 suflSciency, 356, n. 47 attempted amendment, 350, n. 35 character of discus.<;ed, 346, n. 6 claimant failing to file or protest can not contest patent, 368, n. 86 federal prisoner, 357, n. 48 may bind himself to convey after

patent has issued, 368, n. 87 rights of, 358, n. 61 defined, 358, n. 61 effect on possessory title, 334, n. 18,

19, 20 alien as adverse claimant. 353, n. 43 alienage, affirmative showing, 355, n. can be raised in, 347, n. 23 can not be raised for first time on appeal, 347, n. 23 can not be controlled by state law, 350,

n. 34 appeal, ule of, 363, n. 73 arises from conflicting locations, 346,

n. 9 brought in opposition to patent applica- tion, 346, n. 3 to determine right of possession, 346, n. 3, 6 burden of showing conflict is on plain- tiff, 347, n. 14 ; 348, n. 25 cadaKtral engineer's report as to im- provements, 367 and n. 82 character of land determined by court, 306, n. 77 determined by land department, 367, n. 82 citizenship, absence of proof of, con- fers no rights on opposite party, 35;,, n. 41 absence of proof of, prevents recov- ery, 353, n. 41 al)soIute qualification to patenting, 347, n. 18

Index

(References are to sections)

admission of defendant is prima facie evidence of, 347, n. 18

admission of in pleadings, 347, n. 18

court must find, 347, n. 18

may be questioned by either party, 347 and n. 23

questioned only in, 347, n. 23 classification, 346, n. 5, 6 commencement of, 347, n. 8 ; 350, n. 34,35

action matter of state law, 350, n. 34

determined by state statute, 350, n.

failure of, 350, n. 35

fixed by federal law, 347, n. 8

must be in compliance with state law, 350, n. 35

must be within thirty days after fil- ing adverse claim, 350, n. 35

time for not enlarged, 350, n, 35 complaint, certain allegations jurisdic- tional, 355, n. 42

allegations in, 353, n. 39, 40, 41, 42 ;

354, n. 43 ; 355, n. 42, 45 allegation of filing adverse claim,

353, n. 42 contrary decisions as to allegation of

filing in land oflfice, 353, n. 42 filing, depends upon local law, 353, n.

instead of separate suit, 355, n. 44 must be filed within thirty days after

filing adverse claim, 355, n. 44 must show conflict, 348, n. 62; 357,

n. 48 not necessary when alien is adverse

claimant, 354, n. 43 supplemental effect of failure to file,

355, n. 45

effect of judgment in previous action, 355, n. 44 what allegations necessary, 353, n. 35 to 41 conflicting claims, settlement of, 368,

n. 87 contest between lode and placer claim- ants, 366, n. 77 continuation of proceedings before land department, 346, n. 6; 347, n. 7; 362, n. 69 co-owner as trustee, 371, n. 95, 96, n. may bring, 371, n. 96 may enforce trust in patent, 371, n.

95, 96 may maintain suit to quiet title to

separate interest, 371, n. 96 may sue for benefit of all, 371, n. 98 need not bring, 371, n. 93, 97 rights of, 371 and n. 93 to 98 court, federal question, 349, n. 31 findings essential, 347, n. 18 has nothing to do with proceedings in land office, 346, n. 3

jurisdiction limited in. 347, n. 14 may determine character of location,

366, n. 77 may order special verdict, 346, n. 2, 3 must find on question of citizenship,

347, n. 18 mining act does not prescribe nor

create jurisdiction, 349, n. 28 of competent jurisdiction, 340, n. 2 ; 349, n. 29, 30, 31 directed verdict, court disregarding conflicting evidence, 360, n. 66 court may indulge legitimate infer- ence, 360, n. 66 either party may move for, 300, n.

is judgment upon merits and deter- mines issues, 360, n. 66 verdict contrary to, is verdict against law, 360, n. 66 default judgment, 364, n. 74, 75 defendant's defeat of plaintiff, 357, n.

defined, 346 and n. 1 to 6 demurrer, action of government, 368, n. 84 admissions by, 368, n. 84 effect of, 368, n. 84 may not determine validity of claim,

368, n. 84 sustained, effect, 368, n. 84 diligence in prosecuting suit can not be determined by land department, 347, n. 22 in prosecuting suit question for

court, 347, n. 22 must, be reasonable under penalty of

waiver, 347, n. 22 state statute safe and convenient guide, 347, n. 22 discovery, loss of not necessarily fatal in, 357, n. 58 loss of, supplemented, 357, n. 58 discussed, 346 and n. 3, 4, 5, 6 dismissal of, instances, 368, n. 84, 86 distinctive features, 347 and n. 6 to 23 does not necessarily involve federal

question, 349, n. 31 each party is plaintiff and each must

show title, 347, n. 10, 20 effect of failure to file, 346, n. 3; 347, n. 22 ; 350, n. 35 ; 362, n. 9 of judgment, 347, n. 17 of pending patent proceedings, 773, n. 31 either party may question citizenship,

347, n. 23 equitable nature of, 346 and n. 4, 6 election of incontiguous tracts, 347, n.

equivalent to office found, 347, n. 23 exception to rule of plaintiff's title,

347, n. 9 excuse, instances of, 351, n. 36

Index

(References are to sections)

Adverse Suits — Continued

failure to file adverse claim fatal, 368, n. 86 to give evidence, 368, n. 86 federal court's jurisdiction, 349, n. 31 ;

349, n. 33

federal question, defined, 349, n. 31 ;

350, n. 34 explained, 349, n. 31

not necessarily involved in, 349, n.- 31

not raised in, 349, n. 31

not raised under claim of title under

act of congress, 349, n. 31 forfeiture, exception to rule, 347, n. 10 ;

352, n. 37 form not provided for, 346, n. 3; 352,

n. 38 forest reserve, investigation by land de- partment, 367, n. 82 mineral land within, 367, n. 82 mining claim within, 367, n. 82 right of land department, 367, n. 82 form of, 346, n. 1 government interested in, 347, n. 23 ;

385a, n. 19a to 20f inception in land ofl5ce, 347, n. 7 inquest of oflBce found, 347, n. 23 intervention limited, 347, n. 21

permitted, 347, n. 21 involves present right of possession,

347, n. 12 whole, part or different parts of

claim, 347, n. 13 judgment against all parties, 347, n.

16; 348, n. 25, 26 between lode and placer claimants,

questions unsettled, 366, n. 77 by default, conclusive, when, 364, n.

74, 75 conclusive as to fee simple title, 347,

n. 17 conclusive as to right of possession,

347, n. 17 conclusive between parties, 347, n.

17 ; 363, n. 70 conclusiveness of, 358, n. 59; 363,

n. 70 to 73 default, 364, n. 74, 75 determines right of possession, 347,

n. 17; 362, n. 68 does not divest government title, 363,

n. 70 does not become final until appellate

court passes its order, 363, n. 73 ends when it determines right of pos- session, 367, n. 82 effect in land office, 348, n. 27 effect of, 347, n. 17; 363, n. 70 finality, 363, n. 73 for adverse claimant for part of

claim 363, n. 72 ; 367, n. 78 for plaintiff as adjudication of prior- ity of location, 363, n. 71 ineffective, 355 and n. 46

in previous action, 355, n. 44

in prior suit not binding in, 355, n.

must be coupled with proof of title, 364, n. 75

must be that plaintiff, or defendant, or neither has title, -848, n. 25, 26

not conclusive as to certain matters, 363, n. 70; 367, n. 80, 81, 82

not final pending appeal, 363, n. 73

of land department as to sufficiency of patent proceedings, 367, n. 81

of non suit does not relieve defend- ant from proving title, 342, n. 20; 361, n. 68

prevailing party must still proceed in land office, 362, n. 69; 367, n. 78 to 82

proves possessory title in land office proceedings, 348, n. 27 ; 362, n. 69 ; 367, n. 78 to 82

several in, 346, h. 15 ; 365, n. 76

simply determines right of possession, 363, n. 70

upon directed verdict, 360, n. 66

where several parties entitled to sep- arate, 346, n. 15 ; 365, n. 76 judgment roll after filing whole pro- ceedings certified to (Jeneral Land Office, 367, n. 80

certified copy filed by each party, 367, n. 78

commissioner may further investigate character, 367, n. 82

filed with register of land office, 367, n. 81

final passage of title, 367 and n. 82

must be accompanied by certificate of cadastral engineer, 367, n. 78

patent issues according to decision of court, 367, n. 80

patent issues if land department is satisfied, 367, n. 81

payment for land, 367, n. 79

report of cadastral engineer, 367, n. jurisdiction mining act does not pre- scribe nor create, 349 and n. 28

court limited to area in conflict, 347, n. 14 jury trial, matter of right, 359, n. 62, 63 land department, abandonment of, au- thorizes, to proceed, 368, n. 86

can yet declare claim not valid, 362, n. 69

can yet dedare land not mineral, 362, n. 69

can not assume delay, 368, n. 88

not barred from investigating c(- lateral facta, 346, n. 5

will await result of suit between co- tenants, 371, n. 94 legal heirs proper parties to, S70, n. 92

Index

(References are to sections)

location, effect of premature, 357, n. 58 must be valid against government

and other party, 357, n. 48 lode and placer claimant, between, 366,

n. 77 may be in ejectment, 346, n. 3 may be in equity, 346, n. 3 may involve different parts of claim,

347, n. 14 may involve whole or part of claim,

347, n. 14 ; 367, n. 78, 79 mineral claimant must perfect title in,

358 and n. 61 mining act, provisions govern, 349, n.

motion to dismiss, what considered in,

368, n. 84 must be brought in court of competent

jurisdiction, 346, n. 3 must be commenced within thirty days

after filing adverse claim, 347, n.

8 ; 350, n. 35 ; 368, n. 86 must be filed within period of publica- tion, 346, n. 3 ; 350, n. 35 must be good against all, 348, n. 25 must be prosecuted with reasonable

diligence, 347 and n. 22 must be tried as though no contest in

land office, 347, n. 21 must strictly comply with mining law,

350, n. 35 no excuse for failure to file, 351, n. 36

instances, 351, n. 36 nonsuit judgment does not relieve de- fendant from proving title, 347, n.

20; 362, n. 68 defendant proceeds ex parte, 361, n.

effect of, 347, n. 19, 20; 361, n. 67,

not commenced within meaning of the

law, 350, n. 35 plaintiff can not object to dismissal

without judgment, 361, n. 67 not ordinary statute of limitations, 347,

n. 8 patent, incontiguous tracts, 357, n. 58 right to not involve in, 347, n. 12 rights of co-owners, 371, n. 92 to 98 solely with land department, 346, n.

3; 367, n. 81, 82 to junior locator, 357, n. 58 patentee as trustee, 371, n. 93, 96 patenting segments, 348, n. 26 placer claimant essential party, 368,

n. 92 not essential party, 370, n. 92 placer location covered by subsequent

lode location, 366, n. 77 parties, each party is plaintiff, 347, n.

legal heirs proper, 370 and n. 92

limitation of, 347, n. 21 ; 362, n. 69 ,

385a, n. 19a, 19c to, 347 and 21 ; 370, n. 91, 92 United States not necessary nor proper party, 385a, n. 19a to 19c payment for land, 367, n. 78, 79 placer and lode claimant, between, 366,

n. 77 ; 368, n. 86 placer claimant's unrecorded contract,

368, n. 86 plaintiff, abandonment by, 368, n. 86

waiver, 368, n. 86 plea of former adjudication, 355, n. 45 pleadings, according to forms and prac- tices where commenced, 346, n. 3 ; 349, n. 32 ; 352, n. 35 admission in, 357, n. 50 allegations vary in different states,

352, n. 37 amended coftiplaint, 354, n. 43 answer, 356, n. 46, 47 certain facts to be found whether

stated in, or not, 347, n. 18 complaint, 353, n. 39 to 42 controlled by statutory provisions,

352, n. 38 form and practice, 349, n. 32; 352,

n. 38 insufficient, 353, n. 39 local rules and customs, 352, n. 37 many questions may be litigated in,

352 and 37 not stating cause of action, 354 and

n. 43 of intervener, 353, n. 39 over, instance, 353, n. 39 policy of the law without regard to,

364, n. 75 practice and rules, 346, n. 3 proof required by, 352, n. 37; 364,

n. 75 strict rule of equity pleading not fol- lowed, 352, n. 38 sufficiency, 353, n. 39 supplemental, 354, n. 43; 355, n. 44, 45 possession, determination of right to, 349, n. 28 involves present right of, 347, n. 11,

questions involved, 349, n. 28 possessory action, defined, 346, n. 3

is an, 346, n. 3 possessory title all that is possible on,

348, n. 27 priority controlling, 357, n. 51, 52 proceedings in, purely statutory, 346,

n. 6 procedure, 349 and n. 27, 28 to 35 proof, absence of question of forfeiture or abandonment, 357, n. 48 admission against interest and fatal to case equivalent to, 357, n. 55

Index

(References are to sections)

Adverse Suits — Continued proof — continued

admission against interest prevents

recovery, 357, n. 55, 56 admission in pleadings, 357, n. 50 assessment work, 356, n. 46 ; 357, n.

assessment work immaterial in, 357,

n. 48 burden of, upon adverse claimant,

357, n. 48 defeating location, 357, n. 58 each party must show every fact to

give right to patent, 357, n. 48 effect of defendant having prior loca- tion, 357, n. 51 element of priority controlling, 357,

n. 52 location record not, of acts of loca- tion, 357, n. 48 of possession during period prescribed by state statute of limitations, 357,

n. 48 of valid and subsisting location an- terior to claim adversed, 357, n. 57 required in placer, 806 and n. 23 right of plaintiff can not be defeated

by, of senior location, 357, n. 53 statutory expenditure for patent im- material in, 357, n. 48 third locator permitted to offer, proof,

357, n. 57 work done outside of claim, 357, n. quieting title, province of, 346, n. 2 prosecution, dismissal for want of, 368,

n. 84 province of, 362, n. 69 questions of fact arising in, 352, n. 37 questions of law arising in, 352, n. 37 reasonable diligence in prosecuting, 368,

n. 84 right to patent not determined in, 347,

n. 12 ; 367, n. 81, 82 right to patent rests solely with land department, 346, n. 3 ; 367, n. 81, determined by laws of the United States, 346, n. 3 ; 349, n. 32 rights of government against both parties, 348 and n. 25 of parties in, 367, n. 78, 79 rule, pleading forfeiture, 347, n. 10;

852, n. 57 rule as to title in, 347, n. 10 senior location, abandonment of, 348,

n. 25 senior locator failure to adverse inures to benefit of applicant for patent, 357, n. 54 proof of, 848, n. 25 rights of, 357, n. 52, 58 special action, 846, n. 5

special proceeding, 346, n. 4; 347, n. 8

equitable nature, 346, n. 5, 6 separate, several actions in, 367, n. 78 special verdict, 846, n. 3 specific performance of agreement be- tween conflicting claimants, 368, n. 87 statutory waiver conclusive, 368, n. 86 state court, commencement of, in, 350, n. 34 judgment can not be reviewed by United States supreme court, 349, n. 33 procedure of, must be followed, 349,

n. 32 settlement of matter involved in, 349,

n. 32 when proceedings must be com- menced in, 349 and n. 31 state law as to filing, 349, n. 32, 34 governs practice and pleading, 346, n. 3; 349, n. 32 statute of limitations, 347, n. 8 statutory waiver conclusive, 368, n. 86 stay of proceedings, exception, 346, n. 5 stays all proceedings in land office, 346,

n. 5; 348, n. 26 suit, subsequent to publication, 346,

n. 3 summons, service of, 349, n. 34 termination of proceedings, instances

of, 368, n. 83 to 87 ; n. 78, 84 tenancy in common, rights in, 371, n.

93 to 98 terminated by settlement between the

parties, 368 and n. 86 time fixed by mining act, 347, n. 8;

350, n. 34 title, better, must prevail, 347, n. 10 adverse claimant not barred, 358,

n. 61 claimant can not proceed in land office until title perfected, 358, n. 61 exception to rule as to plaintiff's,

347, n. 9 if no discovery, 358, n. 59 in fee not established by, 360, n. 64 in neither party, adverse claimant is claimant of tract in dispute, 358, n. 61 in neither party adverse claimant may profit by plaintiff's patent

application, 358, n. 61 neither can recover costs, 358, n. must be dismissed, 358, n. 59 no presumption of, 357, n. 49 not established in, 360, n. 64 transfer of interest, 370, n. 91, 92 legal heirs as proper parties to, 870 and n. 92

Index

(References are to sections)

purchaser may maintain action in own name, 370, n. 91 trial of, 347, n. 21 ; 357, n. 48

discussed, 347, n. 8 trustee as patentee, 371, n. 93, 96 trustee defined, 376, n. 11 tunnel owner not estopped, 369, n. 90 United States not a party to, 347, n.

18 ; 386a, n. 19a to 19c ultimate result of, 348, n. 24 to 27 ultimate result, selection of incontigu-

ous tracts, 348, n. 26 verdict, special findings by jury, 360, n. 65 either party may move for directed,

360, n. 66 general, or findings by court, 360, n.

64, 65, 66 sufficient form, 360, n. 64 waiver, attempted amendment of ad- verse claim, 350, n. 35 authorizing land office to proceed,

368, n. 86 by settlement, 386 and n. 87 effective at end of thirty days, 350,

n. 35 failing to offer evidence, 368, n. 86 land department can not assume a,

368, n. 86 how shown, 368, n. 86 none, 369, n.8 to 90 not commenced within thirty days after filing adverse claim, 350, n. 35 ; 368 and n. 86 several ways of, instances, 368, n. 86 statutory, conclusive, 368, n. 86 what is not, 369, n. 88, 89 when commenced, 347, n. 8 ; 349, n.

where commenced, 346, n. 2

f Ad verse Suit, Answer Appendix B, Form 35

Adverse Suit, Complaint

Appendix B, Form 39 Adverse Suit, Verdict

Appendix B, Form 49

Advertising Out

See Annual Expenditure

Affidavits

See Patent Proceedings

Affidavits of Labor

See Annual Expenditure, Locations time to file does not enlarge time for,

495, n. 92s unsatisfactory and dangerous, 495, n.

Agricultural Patents See Mining Patents

Alaska

See, also, Adverse Claims, Annual Ex- penditure, Boundaries

leasing act operative excepting coal and coal lands, 115 and n. 239

location of placer claims, 115, n. 233

manner of locating and holding mining claims in, 114, n. 232 ; 115, n. 233, 235, 237

mining law extended to, 115, n. 233

tide lands in, 178, n. 121

Alien Locator

See Locators; Suits Affecting Mining Patents

Amended Location See Locations, Surveys

Annual Expenditure, Affidavit of Appendix B, Form 1

Annual Expenditure

See, also, Forfeiture, Locations, Ten- ancy in Common abandonment, proof of, 428 and n. 1

restores land to public domain, 1 subd. I ; 430, n. 14

subjects claim to relocation, 511 and n. 156 adverse claimants alone concerned

with, 480, n. 25 adverse claimant's rights under, 477, n. 19

relocator estopped, 478, n. 20; 516, n. 168

suit does not relieve from perform- ance of, 476, n. 16 affidavit of labor, any number of loca- tions may be included in one, 595, n. 92

burden of proof, 496, n. 100a; 497, n. 101

difficulty of finding men who did work, 495, n. 94

effect of, 495, n. 94

failure to file not fatal, 495, n. 94

false may constitute perjury, 495, n.

may prevent adverse relocation, 495,

mistake in, 495, n. 94

Montana statute similar to that of Nevada, 495, n. 94

must be filed within statutory time, 495, n. 95

not mandatory, 495, n. 93

no forfeiture, 495, n. 94

perjury, 495, n. 92

provided for by local statute, 495, n. 92, 94, 96

statute does not affect manner of work or improvements, 495, n. 94

Index

(References are to sections)

Annual Expenditure — Continued affidavit — continued

time for filing prevents relocation,

495, n. 94 time to file does not enlarge time for,

495, n. 929

unsatisfactory and dangerous, 495, n. 92 agricultural claimant can not question,

479, n. 24a ; 496, n. 100 Alaska, burden of proof, 496, n. 100a conflict with federal law, 495, n. 94 congressional enactment providing for record of, and its effect, 497 and n. 101 discussed, 479, n. 24, 24a ; 495, n. 94 during location year, 479, n. 24 failure to file, 495, n. 94; 496, n.

100a must be performed each year includ- ing year of location, 479, n. 24 no relocation by defaulting claimant,

479, n. 24 no resumption of labor in, 479, n. 24 provision for forfeiture of location void, 495, n. 94 amount and value, 492, n. 83 amount constituting, 472, n. 2 areal geological work is not, 483, n. 35 areal tramway applicable as, 484, n. 46 annual assessment labor, assessment

work synonymous, 1 subd. XIII availability of outside work, 483, n. 35 building may be, 484, n. 44, 45 brush clearing is, 484 and n. 46 burden of proof cast upon claimant,

496, n. 100a

exception to rule, 496, n. 100a

cadastral engineer, return not conclu- sive, 95, n. 161

can not be questioned by adverse loca- tor, 478, n. 20

certified copy of, sufficient proof, 495, n. 92

character discussed, 487, n. 71

claims must be contiguous, 488, n. 74

character of, differentiation, 491, n. 82 instances, 472, n. 3, 4, 5; 484, n. 37 to 53a ; 491, n. 82 no particular, necessary, '472, n. 5 when material, 484, n. 37 ; 491, n. 82

drcumstances determining yalue, 492, n. 83

commencement of, on last day of year, 473, n. 8, 9, 10; 519, n. 173

completed after expiration of year, 612, n. 157

compliance with local statute or dis- trict mle may be insufficient, 492 and n. 83 with provisions of law, 472, n. 4; 492, n. 88

compromise agreement can be specifi- cally enforced, 447, n. 32 concerns adverse claimants only, 480,

n. 24a, 25 condition subsequent to location and discovery, 1 subd. XIII, and n. 37 consulting engineer's work not, 485, n.

continuity of all locations within, 486,

n. 64 ; 487, n. 71 ; 488, n. 72, 74 continuing, .in succeeding year, 478, n.

20 ; 519, n. 174 continuing work in succeeding year,

478, n. 20 ; 519, n. 174 contribution, act providing for, consti- tutional, 498, n. 104 "advertised out," effect, 507, n. 141

to 144 Arizona, filing notice demanding, 502,

n. 115 failure to make, 498, n. 102, 103,

104 ; 504, n. 129 ; 1159, n. 40 payment of tender, 505, n. 130, 131,

prevention of claim for, 505, n. 126,

remedy against defaulting, 498, n.

103; 1159, n. 40 remedy is exclusive, 504 and n. 145,

status of advertising, 510, n. 152 conveyance of interest may compel

grantee to perform, 481, n. 27 cook house is not, 484, n. 44 co-owner, administrator not a, 501, n. 113 as trustee, 507, n. 144; 509, n. 147,

148, 149 statutes, 507, n. 144; 509, n. 147, 148, 149 co-owners, general rule permitting relo- cation by delinquent, 507 hostility between, 510, n. 152 patent proceedings by, 510, n. 150 to

relocation -by, 507, n. 144; 509, n.

147, 148 remedy against defaulting, 498, n.

103; 1159, n. 40 stockholder is not a, 505, n. 134 suit to quiet title, 498, n. 103 title between, 507, n. 142, 143, 144 court, theory of, in excluding, 601, n.

creditor having lien may perform, 481,

n. 80 custom or rule of miners can not au- thorize less, 475, n. 15 debris clearing, from pit is not, 488, n. flume conveying, is not, 484, n. 42;

488, n. 76 removal of, is not, 484, n. 41, 42

Index

(References are to sections)

defined, 1 subd. CLXXX, n. 298 ; 472,

n. 4 definition of terms, 1 subd. XIII, n. 36,

37 ; 472, n. 2, 3, 4 delinquent, 504, n. 119 to 129 determined by court alone, 480, n. 24a development of lodes by tunnel, 472, n.

diamond drill holes counted as, 484,

n. 54 discovery within withdrawn area, 520 and n. 175 to 178 work credited as, 472, n. 4; 491, n. discussed, 472, n. 1 to 6; 486, n. 75, 76 ; 494, n. 92 to 99 ; 496, n. 100 ; 499, n. 80 does not divest title, 478, n. 22 done at distance from property, 486,

n. 66 dwelling house may be, 484, n. 43 entry cancellation because land non- mineral destroys location, 511, n. defect in the proofs, 511, n. 156 does not affect possessory title, 511,

n. 156 final entry of because of irregularity,

511, n. 155 irregularity in issuance of patent, 511, n. 156 equivalent to patent expenditure, 512,

n. 159, 160, 161 evidence, 495, n. 94, 96, 97, 98 evidence of good faith but not of value, 493, n. 85 to 88 of payment not evidence of work

actually done, 495, n. 96 prima facie, 495, n. 96 ; 497, n. 101 ; 506, n. 139 excess can not be credited on succeed- ing year, 473, n. 10 failure does not confer title upon an- other, 478, n. 22 of title, 478 and n. 20 to 23 to file notice of intention, 474, n. 13 to perform, 475, n. 14; 478, n. 20 to 23 five claims act, 487, n. 71

does not apply to oil-shale claims, 487, n. 71a flume conveying debris is not, 484, n.

42; 488 n. 75 flumes discussed, 488, n. 75 forfeiture, avoided, 505, n. 130, 131, 132 defect in proceedings, 500, n. 106 to

111 ; 505, n. 134 to 137 does not necessarily follow default,

472, n. 1 during patent proceedings, 510, n.

enforcement of, 499, n. 105; 504, n. 129 ; 1159, n. 40

ineffective attempts to enforce, in- stances, 506, n. 106 to 111 insufficient grounds for, 500, n. IOC

to 111 ; 505, n. 132 to 137 mere lapse of time does not operate

as a, 478, n. 22 patent application must show due,

510 n. 151 prevention of, 505, and n. 120 to 137 proof of, 498, n. 94 ; 506, n. 138, 139

quieting title, 498, n. 103 record not prima facie evidence, 498,

n. 103 record prima facie evidence of, 500,

n. 139 statute one of, 500 and n. 106 forfeiture patent application must show

due, 510, n. 151 forfeiture, prevention of, 505, n. 130

to 137 goes only to right of possession, 476,

n. 18 ; 481, n. 24a good faith does not cure want of actual,

495, n. 96 evidence of, 472, n. 1 in developing, 488, n. 76 not sufficient, 493, n. 84, 87 government as trustee for co-owners,

511, n. 155 ; 520, n. 177 fraud upon, 512, n. 157 has no concern with, 520, n. 176 mining claimant's rights perfected

against, 520, n. 176 governmental control prevents reloca- tion or homestead entry, 474, n. 12 government's possession for war pur- poses, 474, n. 12 gratuitiously contributed, 481, n. 31 group claims

benefit to group, 486, n. 64 ; 488, n.

77, 78 bona fide attempt to comply with

law, 488, n. 79 burden of proof, 488, n. 73, 74 burden of proof as to sufficiency of

expenditures upon claimant, 490,

n. 81 conflict as to value of, 489, n. 79 conflict between locator and reloca-

tor, 489, n. 79 confined to particular location upon

which, was made, 488, n. 74 constitutes distinct entity, 488, n. 72 contiguity discussed, 488, n. 74 court can not question judgment of

claimant as to sufficiency of plan

or general system, 488, n. 76 court can not substitute its own

judgment for that of claimant's,

488, n. 76 default upon one or more locations

within, 488, n. 74

Index

(References are to sections)

Annual Expenditure — Continued group claims — continued

defined, 486, n. 64 ; 487, n. 71, 71a ;

488, n. 72 development, conflict as to, 489, n.

development of, 488 and n. 72 to 78 discovery of mineral, 491, n. 82 discovery and development essential,

488, n. 77 discussed, 490, n. 80 done in furtherance of, 490, n. 80 forfeiture, 489, n. 79 ; 491, n. 82 general system applicable to all loca- tions within, 490, n. 80 general system or plan for, on claims

held in common, 488, n. 72, 75 instances of, 488, n. 74 insufl5cient if not of benefit to all locations within group, 488, n. 74 may be done upon adjacent lands or

public domain, 488, n. 73 may be done upon any one claim,

488 and n. 73 may exclude all, but one location,

488, n. 73, 74 must be contiguous, 389, n. 30 must benefit all claims within group,

488, n. 74 noncontiguity of locations within,

486, n. 64 ; 488, n. 74 not subject to physical subdivision or

apportionment, 488, n. 72 one general plan may be formed, 490,

n. 80 party must show aflBrmatively he is

within rule, 488, n. 74 plan or general system defined and discussed, 488, n. 72, 75, 76; 490, n. 80 plans and specifications not neces- sary, 488, n. 75 presumption as to work, 490, n. 81 prospecting or developing, 490, n. 80 purpose must be manifest, 488, n. 76 question of fact whether work in- tended for benefit of all locations within group, 488, n. 73 questions of fact, 488, n. 72, 73, 77,

78; 489, n. 79 reasonable adaptation to purpose,

488, n. 76 reasonable as to, performed, 490, n.

80,81 reasonable presumption as to, 490, n.

80,81 requirements of federal law met, 486,

n. 64 ; 488, n. 73 ribk of adoption of, 489, n. 79 rule of land department as to appli- cability, 488, n. 76 selection of one or more locations within group, 488, n. 74

sufficiency of, 490, n. 80, 81

system may be adopted, 488, n. 72, 75

upon one location must equal in value

work upon all, 488 and n. 74 value, rule as to, upon group, 488, n.

work attaches to locations collec- tively, 488, n. 72 hearsay evidence that, not done, 495,

n. 97 Idaho statute, 495, n. 96 ; 496, n. 100a increasing expenditure within first cal- ender year, 475, n. 14 independent contractor, 481, n. 28 independent of location and discovery,

1 subd. XIII, n. 37 injunction to restrain proceedings, 504,

n. 129 ; 505, n. 139 insufficiency, examples, 472, n. 4 ; 483, n. 35 ; 484, n. 40 to 43, 44, 46, 49, 51 to 53a ; 485, n. 59 to 63 ; 486, n. 68, 69 ; 487, n. 71 ; 488, n. 75 ; 491, n. 82 laches, presumption, 428, n. 3a land department alone determines pat- ent expenditure, 480, n. 24a, 25 cancellation of final entry by, 511,

n. 155, 156 can not cancel mining claim, 511,

n. 156 decision destroys mining location,

511, n. 156 has no jurisdiction as to, 480, n. 25 ruling by, 488, n. 76 laying out routes and transportation

not, 484, n. 46 law does not prescribe manner of, 486,

n. 84 law satisfied, 486, n. 64 ; 488, n. 73 lienholder may perform, 481, n. 30 limekiln not sufficient as, 483, n. 35 limitations, 507 and n. 141 to 144 local regulations provide for, 495, n. 92, 93, 94 penalty for failure to comply with,

475 and n. 14

statutes, 475, n. 14, 15; 492, n. 83;

495, n. 92 to 99 ; 502, n. 114, 115

location and discovery dates determine

priority of right, 394, n. 52

right to, lost by claimant's inaction,

478, n. 20 right to, not lost by claimant's inac- tion, 512, n. 159 work within first calendar year, 475, n. 14 locator and relocator conflict between,

489, n. 79 lode claims, diamond drill holes on, is,

484 n. 64 machinery as, 484, n. 43, 46 ; 486, n. 68 made by holder of color of title, 481, n. 22, 28

Index

(References are to sections)

by holder of equitable or beneficial

interest, 481, n. 28 by optionee, 481, n. 28 maximum limit of time for, 472, n. 1,

5, 6 may be acceptable as patent expendi- ture, 472, n. 4 may be done at distance from property,

486, n. 66 ; 488, n. 75 may be done upon or underneath the

surface, 483, n. 34 may be made by heirs, assigns legal

representatives or by one in

privity, 481, n. 26, 27 meals counted as, 484, n. 53 mere occupancy will not prevent ad- verse relocation, 518, n. 171 mill and tunnels suflScient as, 486, n.

mining claims governmental restrictions

within withdrawn areas, 520, n.

176, 178 discussed, 520, n. 176, 177 miner's rights within withdrawn areas,

478, n. 23 ; 520 and n. 175 to 178 minimum amount and maximum limit

of time, 472, n. 1 mining claim, cutting and selling tim- ber from, not willful trespass. 393,

n. 51 moratorium of 1931-32 and later years,

474, n. 12 must be actual, 493, n. 84 ; 495, n. 96 must be beneficial if beyond boundaries,

491, n. 82 must be done as required by federal

statute, 494 and n. 91 must continue until final entry, 476,

n. 16, 17 must have direct relation to develop- ment and working of property, 483

and n. 35 must have tendency to develop claim,

472, n. 4 negative testimony contradicting, 483,

n. 36 ; 495, n. 96, 97 Nevada statute discussed, 495 n. 94 New Mexico, failure to file proof of

labor changes rule as to burden of

proof, 496, n. 100a notice, actual receipt of, by corporation

unnamed therein, 502, n. 113

status of advertising, 510, n. 152 administrator alone insuflScient, 501

and n. 113 administrator's deed conveys no title,

501, n. 113 administrator's rights discussed, 501

n. 113 after expiration of assessment year,

498 and n. 103 bv administrator to heirs, insufficient,

' 501, n. 113

co-owner, administrator not a, 501, n. as trustee, 507, n. 144 ; 509, n. 147,

148, 149 delinquent, 504, n. 119 to 129 implied promise to pay part, 508,

n. 146 must strictly comply with statute,

510, n. 151 nearest newspaper defined, 504, n.

123, 124 no adverse by excluded, 510, n. 153 not personally liable, 508, n. 145,

one not actually a, can not give

effective notice of, 500, n. 106 remedy against defaulting, 498, n. 103 ; 1159, n. 40 cuts ofE all parties, 498, n 103 ; 503,

n. 116, 117 demanding contribution how given,

498 and n. 103 does not affect co-owners not men- tioned therein, 505 and n. 133 124 to 128 example of proper, 505 and n. 133 hiatus in, fatal, 501, n. 112 in daily or weekly newspaper, 504

and n. 127 must be in nearest newspaper, 504

and n. 123 once a week for ninety days, 504

and n. 123, 125 period of publication, 504 and n. 124 to 128 effect of proper, 498, n. 103 ; 503, n,

116, 117; 504, n. 129 fatally defective, instances, 498, n. 103; 500, n. 106 to 111; 501, n. 112, 113 ; 502, n. 114, 115 ; 505 n. 133, 136, 137 independent contractor discussed,

481a and n. 32a ineffective, instances, 500, n. 106 to

labor, apportioned, 488, n. 74

and improvements defined, 472, n. 1, 4; 475 and n. 14; 484 and n. 37 to 46; 486, n. 46, 75; 488 n. 75 instances of, 472, n. 4 if sufficient in amount and of bene- fit to claim, 472, n. 5 not done will not suffice, 494 and n. 91 must be actual, 500, n. 106 must specify expenditure upon each

claim for each year, 504, n. 119 no question as to effect of, 504, n. 129 not effective as to omitted co-owners,

505, n. 133 personal demand, waiver of, 504, n.

Index

(References are to sections)

Annual Expenditure — Continued notice — continued

personal or by publication, 498, n.

precedents for answer in apex suit,

392, n. 45 proof, filing of, does not prevent

other, 495 and n. 96 proper parties to receive, 501 and n.

112, 113 publication, commencement of period

for, 504 and n. 126, 127

does not affect co-owners, not men- tioned therein, 505, n. 133

example of proper, 505, n. 133

hiatus in, fatal, 501, n. 112

in daily or weekly newspaper, 504, n. 127

must be in nearest newspaper, 504, n. 123

once a week for ninety days, 504, and n. 123, 125

period of, 504, and n. 124 to 128 record, Californian provision for, 498, n. 103

failure to, within prescribed time, 498, n. 103

link in chain of title, 506, n. 139

mining act does not provide for, 506 and n. 138

prima facie evidence of forfeiture, 506, n. 139

subsequent filing of, 502 and r.. 115 rightfully given, 498, n. 103 ; 504 and

n. 129 rights cut off and title perfected, 503

and n. 116, 117 ; 504 and n. 129 right to give limited, 498, n. 102,

103; 500, n. 106 separate statements in, 498, n. 103 ;

504, n. 118, 119 service of, 498, n. 103 ; 504 and n. 121 several locations and demand may be

included within one, 504 and n. 118 specifications in, 504 and n. 118, 119 state statutes, filing subsequent to

time fixed by, 495 and n. 95 stockholder cannot give, 505 and n.

strict construction of statute dis- cussed, 500 and n. 106 to 111 sufiiciency of, 501 and n. 112, 113 tender or payment, 505, n. 130, 131,

tender, by friend or co-owner, 505

and n. 131, 132

ratification of. 505 and n. 133 termination of rights, 502 and n. 114,

115 ; 503 and n. 116, 117 ; 504 and

n. 129; 507 and n. 141 to 144 to administrator, insufiicient, 501 and

n. 113

to dead and to all whom it may con- cern sufficient, 501 and n. 12 to delinquent co-owner, 504 and n.

119 to 129 waiver of personal, 498 and n. 103 ;

504 and n. 122 work must be done by one giving, 498, n. 103 notice of intention to hold equivalent to, 474, n. 13 failure to file, 474, n. 13 filed in wrong county, 474, n. 13 not necessarily beneficial, 472, n. 4 not necessarily wise and judicious, 472,

n. 4 not necessary to make each year, 512,

n. 159 not paid for may be sufficient, 494, n.

not required after entry, 476 and n. 17 not within location, 488 and n. 73 ; 491,

n. 82 not within jurisdiction of land depart- ment, 476, n. 18 obvious purpose of law of, 481, n. 32 occupancy insufiicient, 518 and n. 171

uncoupled with, 518 and n. 171 oil, erroneous patent, 390, n. 40

group claims limited to five loca- tions, 487 and n. 71 lands, innocent trespasser upon, 390,

n. 40 lessees can maintain ejectment, 391

n. 4 limited to five locations, 487, n. 71 on claims held in common, 488, n. 75 only necessary to protect against relo- cation, 512, n. 159 on oil leases, 487, n. 81 optionee may make, 481, n. 28 ore, actual value of, presumed to be within knowledge of defendant, 391, n. 51 beneath claim presumed to be of that

claim, 3, n. 52 liable for value, 390, n. 40 miscellaneous penal legislation. Ap- pendix A, p. 645 personal property, 1 subd. CXXI and

n. 220 presumption of ownership, 394, n.

purchase of, from relocator, 390, n.

quantity and value of, not deter- mined, 390, n. 40 sale of by relocator, 390, n. 40 secret removal of, 402 and n. 85 smelter settlements fix value, 393, n.

theft of, 1 subd. LXXVI and n. value of, how shown, 393, n. 51

Index

(References are to sections)

orebodies, identity of, 394, n. 52, 53 ore crusher, procuring water to run,

not, 484, n. 42 Original Sixteen Co. vs. Twenty-One

Co. Case, 390, n. 40; 401, n. 84 ouster of claimant, 516, n. 168

insufficient allegations of, 516, n. 157 outside of boundaries, 486, n. 65 ; 488,

n. 75; 490, n. 80 outside of location, 472, n. 4; 483, n.

35: 484, n. 37; 486, n. 64 to 70;

488, n. 70; 490, n. 80 owner can not be restrained from

working property, 390, n. 39 ownership always upon party alleging

it, 393. n. 47 burden of proof upon plaintiff that

apex i*! within his location, 394

and n. 52 defendant has burden of proof that

apex is within his surface bound- aries, 393, n. 47 presumption rebutted, 393, n. 47 prima facie evidence of, sufficient,

393, n. 47 patent and, 480 and n. 24a, 25

after cancellation new notice to be

given, 477 and n. 19 application lapses, 510, n. 150 continuance of annual expenditure

during, 511, n. 155, 156 erroneously issued, 390, n. 40 expenditure on tunnel, 488, n. 75 issued subsequent to default, 510 and

n. 153 issues irresp?ctive of interim trans- fers, 510, n. 153 mere delav in issuing immaterial,

476 and n. 17 must continue until, entry, 476 and

n. 16 new application, 477 and n. 19 possession after cancellation of entry,

477, n. 19 priority of right not determined by

date of, 394, n. 52 prior to entry, 476 and n. 16 proceedings discussed, 510 and n. 150

to 1.54 question for land department, 480

and n. 25 register's final receipt equivalent to,

472 and n. 6 right to arises upon payment of

price, 476 and n. 17 payment not conclusive, 493, n. 85 to

89; 494 and n. 91 ; 495 and n. 96 not essential, 494 and n. 90, 91 performance, excused, 516 and n. 168 over Sunday, 478, n. 20 place of, 492 and n. 82; 483 and n.

34, 35, 36 possessory title depends upon, 478

and n. 23

proof of, 495 and n. 92 to 99

test of sufficiency, 491 and n. 82 ;

492 and n. 82 ; 493, n. 87 personal services, 485 and n, 57 to 63 insufficient as, 485 and n. 59 to 63 of watchman discussed, 485, n. 57,

persons who may make, 481, n. 26 to

procuring water for ore crusher is not,

484, n. 42 placer claim, association claim upon,

487, n. 71 character of, upon, 486, n. 71 ; 491,

n. 82 drill tests and dredging operations,

488 and n. 55 election of excess ground by claimant

in, 390, n. 38 excessive location, 390, n. 38 possessory title depends upon per- formance of, 478 and n. 23 possible loss of claim, 477 and n. 19 prospect hole adds no value but tends

to show condition, 484, n. 53 right to, not determined by, 476 and

n. 18 searching for lodes within, is, 484

and n. 56 until excess cast ofE location of excess

is a, 390, n. 38 upon association claim, 472, n. 4 presumption, 482 and n. 33; 490 and

n. 80, 81 at expense of claimant, 482 and n. 33 prevente($ by forcible or clandestine

possession or threats, 478, n. 20 prevents forfeiture, 472, n. 5 prevention effective if not followed by

suit, 478, n. 20 prevention of, 478, n. 20; 516 and

n. 167, 168 prima facie evidence, 495 and n. 96 ;

497 and n. 101 ; 502, n. 159 proof, burden of, 496 and n. 100a ; 497,

n. 101 cancellation because of defective,

511, n. 155 certified copy of affidavit of labor,

495, n. 92 exception as to, 496 and n. 100a filing of, does not prevent other, 495,

and n. 96 may be controverted, 4, n. 94, 96 must be clear and convincing, 496,

n. 100 necessary if, controverted, 495, n.

96 ; 496 and n. 101 proof of apex right absence of, 394, n.

burden of, 394, n. 52, 53 entries and patents not conclusive,

394, n. 52

Index

(References are to sections)

Annual Expenditure — Continued proof of apex right — continued

performance of, 495 and n. 92 to 99 ; 506 and n. 138 to 140

prima facie evidence, 495 and n. 96

priority, determined, 394, n. 52

of forfeiture, 506 and n. 133, 139, 140 ; 512, n. 159

required by land department, 506 and n. 140

required from relocator, 512, n. 159

supplemental, 495, n. 94, 96

testimony to sustain, must be posi- tive and affirmative, 495, n. 96

upon defendant to prove apex within his lines, 393, n. 47

upon party attacking, 488, n. 85

upon party denying, except in cer- tain jurisdictions, 496 and n. 100 prosecution of, 512, n. 157, 158 public domain, abandonment of loca- tion restores location to, 1 subd. I ; 430, n. 14

withdrawals affect only, 520, n. 177 pumping water may not be sufficient,

484, n. 41 purpose of, 472, n. 1 ; 481, n. 32 questioned only by government or sub- sequent locator, 512, n. 159; 520, n. 176 register's final receipt equivalent to

patent, 472 and n. 6 reasons for, 472, n. 1 ; 481, n. 32 record local statutes provide for, 506,

n. 139 relocation, abandonment subjects claim to, 511 and n. 156 ; 512, n. 159

Alaska, barred in, 479 and n. 24a

before performance of, or resump- tion of work, 478 and n. 23

by delinquent owner, 513 and n. 160,

California barred for three years in, 513, n. 100

can not be based upon non-perform- ance of, 519 and n. 172

conditions for, 519 and n. 172, 173,

delinquent co-owners discussed, 489, n. 103

forcible ejectment and prevention of, will not defeat title of claimant, 516 and n. 168

mere occupancy will not prevent, 518 and n. 171

none before expiration of time for, 478, n. 20

not fraudulent, 514 and n. 162

not valid, 519 and n. 172, 173, 174

of invalid location, 434 and n. 31

premature, 478, n. 10

proof of as asainst subsequent, 512, n. 169

resumption of work, prevents adverse,

477, n. 19 ; 512, n. 157, 158, 159 time for filing affidavit of labor pre- vents, 495, n. 94 title by, 507 and n. 144 ; 509 and n.

relocator as trespasser, 478, n. 20 must prove failure to perform, 512,

n. 159 failure to perform, 512, n. 159 resumption of work, absence of inter- vening claim, 512 and n. 159 after relocation lapses, 512 and n.

before adverse relocation, 478 and n.

22 ; 512 and n. 158, 159 before forfeiture, 478 and n. 12 ; 512

and n. 158, 159 burden of proof rests upon original

claimant, 517 and n. 170 defined, 512, n. 157, 158; 1 subd.

XIII, n. 37 discussed, 512, n. 157, 158, 159 excerpt from Van Sice v. Ibex Co.,

173 Fed. 895, 510, n. 153 fraud against government defined,

512, n. 157 holding claim without, 512, n. 157,

158, 159; 520, n. 176 insufficiency of, 512, n. 157 interval of years between delinquency

and, 512 and n. 157, 158, 159 "jumping" forestalled, 512, n. 158 leasing act does not prevent, on

prior locations, 429 and n. 12 mere pretense and sham, 512, n. 157 must be prosecuted in good faith,

512, n. 157 prevents adverse relocation, 477 and

n. 19 ; 512, n. 157, 158, 159 preserves existing estate, 512, n. 157 possession, goes only to right of, 476,

n. 18 question of fact and not of law, 517

and n. 169, 170 receiver may make, 481 and n. 30 resumption of work prevents adverse,

477 and n. 19; 512, n. 157, 158,

state laws not harmonious as to right

to relocate by delinquent claimant,

512, n. 159; 513 and n. 162 sufficiency of, 512, n. 167 tacking after, 513 and n. 161 what is not, 615 and n. 163 to 166;

516 and n. 167, 168 within withdrawn area, 478, n. 23;

520 and n. 176, 177, 178

divers views, 520 and n. 176, 178

rights to valid location prior to withdrawal, 620 and n. 177 right not determined by possession, 476

and n. 18

Index

(References are to sections)

to public lands, 520, n. 177 termination of, 503 and n. 116, 117 roads and trails as, 484 ; 486 and n.

64, 68 roadways are necessities, 486, n. 62, 68 rock sampling is not, 484 and n. 40 rule as to claimant's rights to public

lands, 520, n. 177 rule or custom of miners can not au- thorize less, 475 and n. 15 shaft or running drifts sufficient as,

486 and n. 70 should be performed each year, 477, n.

should continue until payment of pur- chase price, 476 and n. 15 should have tendency to develop mine,

472, n. 5 smelter excavation is not sufficient as,

483, n. 35 solely concerns adverse claimants, 480

and n. 85 specific performance of compromise

agreement, 447, n. 32 stamp mill repairs insufficient as, 491,

n. 82 state statute or local rule may increase,

475 and n. 14 provide for the making, recording

and legal effect of, 495 and n. 92 statute requiring, is mandatory, 493.

n. 84; 495, n. 96 collection of statutes affecting, 473

and n. 7 to 10 ; 495 and n. 92 to 97 statute of limitations may bar original

claimant's right, 478, n. 20 stockholder in corporation may per- form, 481 and n. 29 stockholder's status, 481, n. 29, 30 statutory tunnel owner's rights, 390, n.

stranger to title cannot make, 481 and

n. 32 subsequent locator, limitation, 512, n.

subsequent to default, 473, n. 10 sufficiency, examples, 472, n. 4, 5 ; 483,

n. 35 ; 484 and 42, 53 to 56 ; 486,

n. 67, 68, 69, 75; 490, n. 80;

491, n. 82 sufficient if it satisfies the law, 472, n.

4 ; 491 and n. 82 ; 492, n. 83 sufficient though not paid for, 494

and n. 90 suit in ejectment, 478, n. 20 Sunday, work on, 478, n. 20 supplies, value of, counted as, 484 and

n. 50 surface, adverse suit determines right

to, only, 394, n. 52 common law rules, 321 and n. 59 destruction of, 321, n. 60

improper and negligent mining, 321,

n. 61 lateral, 323 and n. 63 lessee of United States, 321, n. 60 work may be insufficient, 484, n. 41 surface support, mineral estate owes servitude of sufficient, 321 and n. of strata, 324 and n. 67 presumption, 323 and n. 64 right not taken away by agreement,

323 and n. 66 rule requiring, 322, n. 63 support of, 321, n. 60, 61, 62 title by prescription, 322, n. 63 underground survey may be ordered

by court, 325, n. 69 waiver must be express, 322 and n. survey and inspection incidental to ac- tion in trespass, 395 and n. 52 can not be credited as patent ex- penditure or as, 484 and n. 53a suspension of, 474 and n. 11, 12, 13 test as to sufficiency upon group, 389,

n. 40 threat of violence preventing, 516, n.

time for, preserves claim from reloca- tion, 1 subd. XIII, n. 37 tunnel, run for development of lodes, 472, n. 4 ; 486, n. 62 ; 489, n. 79 ; 490, n. 80 work upon, 472, n. 4 unnecessary after patent entry, 476,

n. 17 until patent entry should continue, 476,

n. 16, 17, 18 v/aived, 474, n. 11, 12, 13 when must be done, 473, n. 7 to 10 who may not perform, 481, n. 32 who may perform, 481, n. 26 to 31

Annual Labor

See Annual Expenditure

Anticlinal Vein, 141

Apex

See Boundaries, Dip and Downward Course, Intralimital and Extra- lateral Rights, Mining Terms and Phrases, Vein, Lode and Ledge

Assessnnent Work See Annual Expenditure

Attorney, Application for Transmission of Notices and Communications to Appendix B, Form 70

Attorney in Fact, Appointment of Appendix B, Form 69

Index

(References are to sections)

Attorney, Letter of Appendix B, Form 67

Basis of Amended Location See Locations

Beach Claims, 191

Blanket Vein, 145

Blind Vein, 150

Bona Fide Purchaser

See Conditional Sales, Federal Statutes of Limitation, Mining Patents, Public Domain, Suits Affecting Mining Patents

bar to action against, 62, n. 88 ; 340,

burden of proof upon, 62, n. 88

defenses, 107, 565

legal presumptions, 100

no action by United States, 62, n. 88

no valid claim as assignee under condi- tional sale contract, 563

title superior to that of United States, 62, n. 88

when corporation is not a, 62, n. 88

when liable to owner for purchasing ore from trespasser, 390 and n. 60

Boulder Dam Area

mining claims within, 596, 650 Boundaries

See, also, Annual Expenditure, Adverse Claims, Locations, Placers, Sur- veys absence of, 532 and n. 31, 32, 33 absence of lays claim open to reloca- tion, 616, n. 84 adoption of, 529 and n. 27 adoption of survey lines, 526 and n. 18 agricultural patent may prevent exer- cise of extralateral right, 558 and n. 119 apex, bisected, senior locator's rights, 556 and n. 109, 110 conflicting locations having, 547 and

n. 78 crossing one end line and one side

line, 546 and n. 75 defined, 521 and n. 1 discussed, 546 and n. 74 to 77 extending through part or all of loca- tion, 546 and n. 77 junior locator's rights cease, 547 and

n. 78 need not pass through both end lines,

546 and n. 77 of broad lode, 556 and n. 109, 110 within two conflicting locations, 547 and n. 78; 556 and n. 109, 110 blind vein within tunnel, 557, n. 112

broad lode bisected by division line, 556 and n. 109 ownership, 556 and n. 110 Californian law fixes no time to mark

location, 532 and n. 31, 32, 33 Californian rule as to placer locations,

525 and n. 15 change of, 527 and n. 19 to 25 by stranger, 528 and n. 26 right to change, 527, n. 19 conflicting lode locations, 547 and n. 78 conformation and condition of ground

control, 521 and n. 4 Congress provides how mining claims

may be acquired, 521, n. 1 constructive possession, location is

only, 530, n. 28 courses and distances discrepancy be- tween and, 535, n. 44 and monuments discussed, 536, n. 44 ;

537, n, 45 land outside of monuments, 536, n.

least reliable, 536, n. 45 lowest scale in evidence, 537, n. 45 no rule can be applied governing,

553, n. 92 omission of one in location notice not

fatal, 536, n. 44 must yield to monuments, 536, n. 44 court can not make a new location nor enlarge rights, 542, n. 55, 61 drew in lines to avoid excess, 527,

n. 21 not harmonious as to excessive loca- tions, 522 and n. 8 not harmonious as to relocation, 522

and n. 8 not harmonious as to suflSciency of, 521 and n. 4 description, errors in determined, 536, n. 44 in location notice binding, 536, n. 44 variance between calls and markings,

536, n. 44

destruction of, 530 and n. 28, 29 no presumption against validity, 530,

n. 28 dip may be followed indefinite distance,

544, n. 71 discovery, diligent working towards,

537, n. 46

exploration must precede, 537, n. 46

location without, gives right to effect, 537, n. 46

or primary vein determines end lines and side lines, 545 and n. 74 drift, restriction upon running, 553 and

n. 98 end lines, acquiesced in, 542 and n. 02,

agreement between conflicting claim- ants, 542 and n. 64

Index

(References are to sections)

and side lines, distinction, 542 and n.

54, 55 and side lines, functions different,

552, n. 89 any angle or variation, 542 and n. 57 apx need not pass through both,

546 and n. 77 as side lines, 542 and n. 55 by agreement, 544, n. 64 changed by relocation, 542 and n. 59 changed by survey, 542 and n. 60 coincidence of lines, 552 and n. 93 coincidence of lines does not make

them side lines nbr end lines, 552

and n. 93 continue in own direction horizon- tally either way, 542 and n. 58 converging, 544 and n. 70, 71 conveyance, by, 542 and n. 63 court can not make new location nor

enlarge rights, 542, n. 55 defined, 542, n. 51 distinction between, and side lines,

542 and n. 54, 55; 550 and n. 90 divergent, discussed, 543, n. 65 drawn at point where lode termi- nates, 546, n. 75 drawn inaccurately or imperfectly,

542, n. 55 drawn where lode intersects side

line, 546 and n. 75 excluding triangle, 542, n. 51 extralateral right, 544 and n. 70 fixed by conveyance, 542 and n. 63,

how changed, 542 and n. 60 to 64 immutability of, 545 and n. 52, 73, 74 inaccurate or irregular, 542, n, 58 inadequate, instance, 542, n. 58 instances of what are not, 542, n. 53 intermediate discussed, 542, n. 61 judgment discussed, 543, n. 69 judicially construed, 542 and n. 61 limit appropriation on course of vein,

542 and n. 51 limit following strike, 544, n. 71 location beyond, 544, n. 71. may be side lines or vice versa, 552

and n. 90 must be marked upon surface and be

parallel, 533, n. 36 ; 542, n. 56 must have substantial existence, 542,

n. 53 non-parallelism of, cured by patent,

549 and n. 81 not necessarily of equal length, 542

and n. 56a not necessarily so marked or called,

542, n. 51 ; 787, n. 15 not parallel as shown upon map, 553,

n. 98

not parallel prohibits extralateral

rights, 543 and n. 69 of all veins within boundaries, 545

and n. 72 of unequal length, 542 and n. 56a parallel, and must be straight, 542

and n. 56 parallel not required by act of 1866,

543 and n. 65 parallelism in irregularly shaped

land, 550 and n. 82 to 85 parallelism of, 533, n. 36 ; 542, n. 52,

56 ; 543 and n. 65 to 69 ; 548 and

n. 79 ; 549 and n. 81 ; 551 and n.

86, 87 parallel, essential, 542 and n. 52 patent conclusive as to, 559, n. 81 ;

551 and n. 87 plane of, can not be drawn at right

angles to veins not identical, 545

and n. 73 presumed to be true, 549 and n. 80,

primary vein determines, and side

lines, 545 and n. 74 projection of, 542, n. 51 question of fact, 540, n. 49 ; 551 and

n. 86, 87 question of law, 542, n. 49 side lines become, 552 and n. 89 ; 555

and n. 101

determined by primary vein, 545, n. 74 sense of statute, 542, n. 51 survey, 542 and n. 60 vein crossing, 542, n. 61 vein crossing, and side line, 542,

n. 57 within patented area, 548 and n. 79 estoppel, effect of mistake as to, 538

and n. 47 evidence, courses and distances lowest

scale in, 536, n. 45 negative and positive, 530, n. 28 excess, abandonment of and relocation

made, 522, n. 5 abandonment of, should not include

discovery, 522 and n. 6 casting off of, 522 and n. 8 ; 527 and

n. 21 contrary to law, 527, n. 19 court drew in lines to avoid, 528, n.

does not impart notice of extent of

location, 522, n. 8 entirely void, 522, n. 5 excuses for, 522, n. 5 may be abandoned, 522 and n. 6 may be located when plainly shown,

522, n. 5 may be valid in part and void as to

part, 522, n. 5

8—2

Index

(References are to sections)

Bou ndaries — Continued excess — continued

measurements, data for, showing, 522, n. 5 does not impart notice of extent of

location, 522, n. 8 entirely void, 522, n. 5 excuses for, 522 and n. 5 notice of size of claim not given by,

522, n. 8 not void if no fraud, 522 and n. 5 no boundaries at all, 522, n. 8 partially void, 522, n. 5 placer location void, 522, n. 5 posted notice may show, 522, n. 5 reasonable time allowed to cast off,

522 and n. 7 reasonable time to correct, 522 and

n. 7 relocator may be trespasser, 522, n. 5 relocator must give notice to prior

locator, 522, n. 5 when not void, 522 and n. 8 when open to adverse location, 522 and n. 8 exclusive possession vests in locator,

530 and n. 28 extralateral right and side lines, 555 and n. 101 to 108 ceases when strike passes through side or end line, 555 and n, 106, depends upon priority of location and

not of patent, 558 and n. 118 does not follow irregular location,

533, n. 36 exercise of prevented, 58 and n. 119 exception, 558 and n. 11 how bounded, 546 and n. 75 may be secured, 550 and n. 83 measurement, 543, n. 65 new side lines, 542, n. 61 new side line given to determine,

542, n. 61 ; 555 and n. 105 no application, 547 and n. 78 no rights acquired in segment, 555,

n. 106 not lost within patented claim by con- flicts and diagonal corners, 548 and n. 79 priority of location, 558, n. 118 restrictions upon, 554 and n. 90, 100 secured by overlap, 550 and n. 82 floating or swinging, 527, n. 19, 21 intruder can initiate no rights, 528,

n. 26 intruKions upon possession, 537, n. 46 jury, instruction to, as to sufliciency of

location, 521, n. 4 law, object and purpose accomplished,

521, n. 1 legal overlap, 550 and n. 82; 628 and n. 5

licensees, difference between, and tres- passers, 537, n. 46 local legislation and rule, placing mark- ings as required by, 521 and n. 4 compliance with, 521, n. 1 location, all, may be placed uf>on ad- joining ground, 523 and n. 9 courts can not establish or make

new, 527, n. 25 diversity of rulings as to markings,

521, n. 4 examples of, 521, n. 4 extent of rights below surface, 542

and n. 51* failure to sufficiently mark, 521, n. 4 floating, 527 and n. 19 to 25 instance of void, 521, n. 2 instances of marking, 421, n. 4 instances of sufficiency, 521, n. 1 ;

535 and n. 43 instruction to jury as to validity of,

521, n. 4 invalid as against subsequent locator,

532, n. 33 lode, marks upon patented or un- patented ground, 523 and n. 9 marking of, main act of, 521, n. 2 may be irregular in form, 543 and

n. 67, 68, 69

mere marks upon ground does not

show valid and subsisting, 528,

n. 26

must be distinctly marked, 521, n. 1

must be openly and peaceably done,

523 and n. 9 must be of character that the, can

be readily traced, 521, n. 2 nonmineral land may be included in,

541 and n. 50 no possessory right acquired by void,

521, n. 2 only constructive possession, 530, n.

question of fact, 540 and n. 49 rights under imperfect, 522, n. 5;

542, n. 55 testing validity of, 528, n. 26 ultimate fact in determining validity

of, 521, n. 2 uncompleted, monuments not evi- dence of, 537, n. 46 without discovery, 537, n. 46 location notice, description in, binding,

536, n. 44 locator can not be deprived of in- choate rights by tortious acts of others, 528, n. 26; 530, n. 28 duty to maintain location, 530, n. 2S limitations, 553 and n. 95 to 98 rights in making location, 522, n. 5 ; 533, n. 35, 36 ; 542, n. 51 lode location, form of, 533 and n. 35, 36 need not be a parallelogram, 533 and n. 36

Index

(References are to sections)

r

need not conform to public survey

lines, 533 and n. 34 no extralateral right, 533 and n. 36 of irregular shape, 533, n. 36 subsequent to agricultural patent,

558 and n. 119 to reach unappropriated territory

and discovered vein, 533, n. 35 vein or lode principal thing, surface

but an incident, 542, n. 57 marking, any time before intervening

right, 532, n. 32 distinct, mandatory, 521, n. 2 distinct, question of fact, 540 and

n. 49 diversity of rulings and method, 521,

n. 4 instances of delay in, 532, n. 33 instances of sufficient and insuffi- cient, 535, n. 43 ; 537, n. 46 object of law, 521, n. 1 ; 536, n. 45 posted notice may be part of, 521,

n. 1,4 reasonable time for, 532 and n. 32, 33 markings, courts disagree as to suffi- ciency, 521, n. 4 disappearance of, 530, n. 28; 531, n.

29, 30 ; 532, n. 31, 32, 33 discussed, 521, n. 4 ; 531, n. 28 ; 536,

n. 44, 45 ; 537, n. 46 every object placed upon the ground

serves as. 521, n. 4 instances of, 521, n. 4 may lie upon patented or unpatented

land, 523 and n. 9 mistake as to true, effect, 538 and

n. 47 must be distinct, 521 and n. 1 not conclusive, 537 and n. 46 ; 540,

n. 49 on old claim, 531 and n. 29 question of fact as to, 540 and n. 49 reasonable time for, instances, 532

and n. 32, 33 removal, obliteration or destruction

of, 530 and n. 28 should be done within reasonable

time and before adverse rights at- tach, 532 and n. 33 should be readily ascertainable by

third person, 521, n. 1, 4 state regulations, 535, n. 43 sufficiency can not be questioned by

subsequent locator, 532, n. 33 sufficient in one place insufficient in

another, 535, n. 43 mining locations should be in compact

form, 525, n. 15 monuments are not, 535 and n. 40 to

are the means by which, can be

traced, 535 and n. 40

can not be changed to work inter- ference with claims subsequently

located, 528, n. 24 conflict between, and courses and dis- tances, 536, n. 44, 45; 537, n. 45 control courses specified in location

notice or patent, 536, n. 44; 537,

n. 45 control distances, 536 and n. 44, 45 courses and distances discussed, 536,

n. 44 effect of certainty or uncertainty,

536, n. 44 fix lines upon the ground, 528, n. 24 ;

536, n. 44 former existence must be established,

531 and n. 30 location certificate may govern and

control, 536, n. 44 mere placing does not make valid

location, 528, n. 26 of prior location may be adopted or

rebuilt, 529 and n. 27 or uncompleted location, 537, n. 46 placed so that lines of location can

be traced, 535 and n. 41 stranger, change of, by, 528 and n.

what considered as, 535, n. 40 without discovery, 537, n. 46 negative testimony as against positive

testimony, 530 and n. 28 no hard and fast rule as to sufficiency

of, 521 and n. 4 nonmineral land may be included in

mining claim, 541 and n. 50 no presumption against validity of

location, 531, n. 29 no rights initiated to ground within,.

523 and n. 11 notice to third person, 521, n. 1 overlap by consent or openly without

fraudulent entry, 550 and n. 84 consent to, not necessary, 523 and

n. 10 no rights acquired in ground within,

523 and n. 11 owner's consent to, not essential, 523

and n. 10 subsequent objection by senior lo- cator unavailing, 550 and n, 85 overlapping location defined, 525, n. 9 ;

550 and n. 82 to 85 does not vitiate, 523 and n. 9, 10, 11 junior locator's rights, 544, n. 70 ;

550 and n. 82

patent, agricultural, conflicting with mining, 558, n. 119 conclusive as to end lines, 549, n. 81 ;

551 and n. 87

description controlled by monuments upon the ground, 536 and n. 45

Index

(References are to sections)

Boundaries — Continued patent — continued

determination of rights under con- flicting patents, 558, n. 119 discrepancy between description and

monuments, 536 and n, 44, 45 extralateral right can not be defeat- ed, 549 and n. 81 ; see, 558, n. legal presumption as to end lines,

549 and n. 80 monuments must be maintained, 536, n. 45

presumption from, 549 and n. 80, 81

prior agricultural, precludes follow- ing dip, 558, n. 112

priority of right determined by pri- ority of discovery and location, 558, n. 119 patented area, end lines within, 548 and

n. 79 pedis possessio as against mere wrong- doer, 532, n. 33

defined, 530, n. 28 ; 539 and n. 48

difference between, and constructive possession, 530, n. 28; 539 and n.

gives good title, 539 and n. 48

legal recognition of, 537, n. 46

reasonable time for protection, 537, n. 46

regarded as a necessity, 537, n. 46 placer claim, danger of adopting public survey lines, 526 and n. 18

form of, 534 and n. 37, 38

located as are lode claims, 525, n. 14

located by legal subdivisions, 521, n. 2 ; 525 and n. 14 to 17

located same as lode claims, 525 and n. 14 to 17

located upon surveyed lands, 525 and n. 14 to 17

location of in California, Nevada and Washington, 525 and n. 15, 16, 17

manner of locating upon surveyed land, 525 and n. 14 to 17

not necessary to invade suitface of other claims, 524 and n. 12, 13

Nevadan rule, 525, n. 16

overlap not allowed, 524 and n. 12, 13

rule not applicable, 524 and n. 12, 13

shoestring, exception to rule govern- ing, 721 and n. 28 general rule, 525, n. 15 not sanctioned, 525, n. 15

square in form, 525, n. 14, 15

surface essential to mining opera- tions, 524 and n. 12, 13

surface thing located, 524 and n. 12,

upon surveyed land should conform to lines of public survey, 525, n. 14, 15

upon unsurveyed lands, 534 and n.

38 ; 721 and n. 26 upon unsurveyed land should be square in form, 525, n. 14, 15 possession, intrusions upon, 537, n. 46 posted notice, construction of, 521, n. 4 part of marking, 521, n. 1, 4 same as if not, 536, n. 44 presumption as to course of vein or lode, 557 and n. Ill, 112 from patent, 549 and n. 80, 81 none, 531 and n. 29, 30 primary vein determines end and side

lines, 545 and n, 71 protection against forcible, fraudulent

intrusions, 537, n. 46 question of fact as to parallelism of end lines, 551 and n. 86 sufficiency of, 540 and n. 49 ; 551 and n. 87 record binding upon locator, 536, n. 44 constructive notice of possession and

of the boundaries, 530, n. 28 effect of statutory time to, 532, n. 33 locator not limited to, 536, n. 44 same as if not made, 536, n. 44 relocation end lines, 542 and n. 59 rights of junior locator cease, 547 and

n. 78 rule, no hard and fast as to, 521 and n. 2 not applicable to placer claims, 524 and n. 12, 13 shifting, in absence of intervening

right, 527 and n. 19 to 25 side lines and end lines, different func- tions, 552, n. 89 and end lines, distinction, 542 and n.

54, 55 and extralateral rights, 555 and n.

101 to 108 angles and elbows. 552 and n. 92 are laid along course or strike, 552

and n. 88 coincidence of lines, 552 and n. 93 converging or diverging, 552 and n.

common to two claims not end line

of another claim, 552 and n. 94 following vein beyond, 554 and n. 100; 555 and n. 102, 103, 104. 108 irregular and unequal width, 552 and

n. 91 may become end lines or vice versa, whether so intended or not, 552 and n. 90 ; 555 and n. lOS may be irregular and of unequal

width, 552 and n. 91 may have angles, elbows, converge or diverge if along the lode, 552 and n. 92 new given to determine extralateral right, 542, n. 61

Index

(References are to sections)

not end line of another claim, 552

and n. 94 placed across vein or lode are end

lines, 552 and n. 89; 555 and n.

primary vein determines, and end

lines, 545, n. 71 shall not be laid so as to increase

width or length of location, 552,

n. 91 surface limitations, 553 and n. 95 to

vein entering end line, 555 and n. 104 vein passing through both, 555 and n.

sinuosity of veins, 546 and n. 75, 76, 77 stake is not post, 521, n. 2 stakes and monuments control dis- tances, 536 and n. 45 stakes at four corners may be sufficient,

535 and n. 42 disappearance of, 530, n. 28; 531, n.

29, 30, 31, 32 may be insufficient, 535 and n. 43 obliterated, 530, n. 28 obliterated, no loss of title, 530, n.

proof of failure to erect, not con- clusive, 530, n. 28 statutory time for recording holds

claim, 532, n. 33 strike of vein determines measure of

extralateral right, 555 and n. 106,

termination, 555 and n. 105 subsequent locator acts at his peril, 528

and n. 26 may make location and test validity . of his own and prior location, 528,

n. 26 must take notice of prior location,

528 and n. 26 objection to sufficiency of markings

of prior location, 532, n. 33 subsurface, restrictions upon locator,

553 and n. 96, 97, 98 sufficient, 521, n. 1; 535, n. 43; 540,

n. 49 supplementary state legislation more

exacting than federal law, 521 and

n. 2 should be liberally construed, 521,

n. 2 surface an incident, 542, 57

determination of extent, 542, n. 57 in connection with placer locations,

524 and n. 12, 13 limitations, 553 and n. 95 to 98 relation of vein or lode to, 542.

n. 57 restrictions upon locator, 553 and n.

rights depend upon discovery, 542,

n. 57 rights determine subsurface rights,

542 and n. 51 vein or lode principal thing, 542, n. 57 surveyed and unsurveyed lands, placer locations upon, 521, n. 2 ; 525 and n. 14 to 17 ; 721, n. 26 to 30 swinging or floating location, 528, n.

19, 21 tenants at will, difference between and

trespassers, 537, n. 46 tortious acts, 528, n. 26 ; 530, n. 28 trespass, justification of, 558 and n. 116, 117, 118, 119 right to follow vein or lode does not authorize nor justify, 558 and n. trespasser can initiate no rights, 528, n. 26 prima facie is, 558 and n. 114 trespassers, diJRPerence between and tenants at will, 537, n. 46 who are not, 537, n. 46 tunnel, blind vein within, 557, n. 112 locators rights not destroyed, 557, n.

restriction upon running, 553 and n.

subordinate to prior lode location, 557, n. 112 underground exploration, 553 and n. 95,

96, 97 ; 554 and n. 99, 100 upon adjoining ground, 523, n. 9 unsurveyed land, placer location upon,

538, and n. 38 vein, crossing end line and side line, 542, n. 61 inference of course of, 546, n. 75 ;

557 and n. Ill, 112 more parallel with end lines than

side lines, 555 and n. 108 presumption of continuance, 557 and

n. Ill presumption of regularity of location,

557 and n. 112 sinuosity of, 556 and n. 75, 76, 77 vein or lode, discussion of legal iden- tity or continuity of, 554, n. 99, must be contiguous and in place, 554,

n. 99 need not be straight, nor of uniform dip or thickness or richness, 554 and n. 100 portion removed, 554, n. 99 pursuit of, 554 and n. 100 union of, 558, n. 118 Washington State rule as to placer

locations, 525, n. 17 what constitutes, 521 and n. 1, 2, 3, 4 working the claim, 553 and n. 95 to 98

Index

(References are to sections)

Burden of Proof

abandonment, 659 and n. 75 adverse claim, 465 and n. 107 adverse claim suits, 806 and n. 23 commingling of ores, 559 and n. 2 conditional sales, 567 and n. 8 cutting timber, 70 and n. 104, 105; 71

and n. 106 . eminent domain, 635 and n. 34 equitable estoppel, 427 and n. 128 exemption of lode from placer claim,

804 and n. 21 extralateral rights, 682 and n. 44 failure to make annual expenditure,

496 and n. 100, 100a forfeiture, 387 and n. 25 ; 659 and n. 75 fraud upon government, 338 and n. 26,

lode within placer claims, 804 and n. 21 prior location, 388 and n. 27 resumption of work, 517 and n. 170 work outside of location or group, 389

and n. 30, 32

Cadastral Engineer, 223

California Enabling Act, 78, n. 119, 121;

California, State Leases, 872, 874, 877, 878, 878a Divisiou of State Lands, 876, n. 53

California, State Legislation

See Appendix A, Mining Leases, Public Domain, Supplemental State Leg- islation

California, State Mining Law

Appendix A, pp. 653 to 659

Californian Statutes Appendix A, pp. 653 to 668

Caminetti Act, 205; 313, n. 14 See also Placers ; Public Nuisance

Canals

See Public Domain

Carnotite See Mining Terms and Phrases

Certifieate, Clerk's, of Final Judgment Appendix B, Form 73

Character of Land See Adverse Suits, Discovery, Land Department, Locations, Ix>des Within Placer Claims, Mill Sites, Mining Patents, Mining Terms and Phrases, Placers, Suits Affect- ing Mining Patents, Surveys, Vein, Lode and Ledge

adjustment of controversies, 284 and

n. 65 agricultural claimants, 282 and n. 60

to 63; 284 and n. 65, 66 agricultural patent adjudicates, 938 and

n. 72 broad lode defined, 153 and n. 64 indivisibility of, 154 and n. 65 what constitutes, 155 and n. 66 what does not constitute, 156 and n. 69, 70 cadastral engineer classification of by,

not conclusive, 95 and n. 161 cancellation of entry, 1 subd. LVII and

n. 110 ; 923 and n. 36 cancellation of homestead entry, 281

and n. 62 collateral attack, 99 and n. 172c to 176; 108 and n. 205 to 213; 373 and n. 5 ; 285 and n. 97 ; 374 and n. 7, 8, 9 conclusive, 1 subd. XXIX and n. 67, 68, 69; 284 and n. 66; 285 and n. 87; 286 and n. 68, 69 contests as to, 282 and n. 61, 62; 283 and n. 64 ; 284 and n. 64, 65 ; 285 and n. 66, 67; 286 and n. 68, 69; 287 and n. 70 country rock defined, 162 and n. 84 court's judgment as to, 347 and n. 19 ;

919 and n. 20 determination of, not equivalent to

patent, 287 and n. 70 establishing, 281 and n. 59 ; 282 and n.

60 to 63 hearing to determine, 285 and n. 67

result of, 286 and n. 68 incumbent upon government to show,

109 and n. 215 ; 381 and n. 18 in place, 158 and n. 73 to 78 ; 160 and

n. 80 known lode, application for lode patent, 796 and n. 7 application for placer patent, 795 and

n. 6 burden of proof, 804 and n. 21 contests, 801 and n. 15 controlling factor, 805 and n. 23 defined, 152 and n. 60 to 63 ; 793 and

n. 3, 4 ; 802 and n. 16, 17, 18 evidence of value, 806 and n. 23 excluded from placer claim, 799 and

n. 13 insufficiency of indications, 802 and

n. 16: 17, 18 proof required, 803 and n. 19, 20 ;

806 and n. 23 statute of limitations, 800 and n. 14 theory or belief sufficient, 794 and

n. 6 unlawful acts, 805 and n. 22 width of, within placer claim, 798 and n. 9 to 12

Index

(References are to sections)

within placer claim, 152 and n. 65 land department listing, 285 and n. 67 loss of jurisdiction, 288 and n. 71 rule for determining, 281 and n. 59 ultimately establishes, 103 and n. 89 ;

261 and n. 4 ; 285 and n. 67 ; 320

and n. 57, 58 mill sites, 807 and n. 1 to 5

unchangeable, 808 and n. 6 mineral claimants, 281 and n. 59 ; 282

and n. 61, 62 ; 283 and n. 64 ; 284

and n. 65; 285 and n. 67; 287

and n. 70 national forests, 33 and n. 40 to 43 not in place, 161 and n. 61 patent determines, 285 and n. 67; 928

and n. 47; 938 and n. 72 patent issues according to, 284 and n.

placer and township patents, 378 and

n. 14 placer defined, 186 and n. 1, 2, 3 practice, 282 and n. 61, 62 protest burden of proof, 465 and n. 107 must allege, of, 464 and n. 103 to 106 question of fact, 618 and n. 88 to 104 questioning, 1 subd. XXIX and n. 56

to 60; 281 and n. 59; 465 and

n. 107; 801 and n. 15 railroad lands, 105 and n. 194 to 198 relocator not discoverer of mineral,

761 and n. 157 rule for determining, 281 and n. 59 segregation survey, 245 and n. 43, 44,

45 ; 286 and n. 89 when necessary, 246 and n. 46 when ordered, 247 and n. 47, 48 ; 286

and n. 69 State lands, 95 and n. 159 to 163 ; 610

and n. 76, 77 subsequent discovery of mineral, 95 and

n. 169; 190 and n. 16; 609 and

n. 75; 808 and n. 6; 938 and

n. 72 surveyor classification not conclusive,

95 and n. 161 ; 228 and n. 8 ; 281

n. 59 duty of, 227 and n. 7 ; 286 and n. 69 United States Supervisor of Surveys

burden of proof upon contestant

disputing return as to, 281, n. 59 return prima facie evidence of, 281

n. 59 vein or lode in place, 160 and n. 80

defined, 161 and n. 81, 82, 83 one defined, 1 subd. CCV and n. 331

Charts

See Diagrams

Citizens

See 1 subd. XXX, Locators, Patent Proceedings

Citizenship, Affidavit of Appendix B, Form 56

Coal Lands, 76

Collateral Attack Upon Patent See Suits Affecting Mining Patents

Color of Title

actual possession and occupancy not subject to relocation by another, 1 subd., CXXIV

distinction between, and mere naked belief, 1 subd., CXXIV

land held under, not subject to loca- tion, 731, n. 62; 1100, n. 5

none in occupant, 1108a, n. 21

record coupled with possession sufiici- ent, 709 and n. 86

sufficient to maintain action for tres- pass, 390, n. 40

Colorado Form of Lease Appendix B, Form 17

Commingling of Ores

admixture, affirmative defense, 559 n. 1 by accident or mistake, 559, n. 1 by consent of owner, 559, n. 1 damages, 559, n. 1 erroneous instruction, 559, n. 1 general discussion of, 559, n. 1 inconvenience, 559, n. 1, 2 innocent party, 559, n. 1 intendment against wrongdoer, 559,

n. 1 knowledge of, 559, n. 1 mistake as to ownership, 559, n. 2 not distinguishable, 559, n. 1 proof, 559, n. 1, 2 recovery, 559, n. 1 replevin, 559, n. 1 rule, 559, n. 2

tortious mingling or confusion of ores, 559, n. 1 $ defense, affirmative, must be made good, 559, n. 1 distinguishing property is upon him

who caused confusion, 559, n. 2 doctrine of confusion, instances of ap- plication, 559, n. 1, 2 entire property rests in him whose

rights are invaded, 559 and n. 1 evidence, all things are presumed against the spoliator, 559, n. 2 plaintiff may recover value of all ore

taken out by his own, 559, n. 2 question of identification, 559, n. 2 rule as to confusion of goods, 559, n. 2 ore taken by mistake of ownership,

559, n. 2 ores, separation of, 559, n. 2

Index

(References are to sections)

Commingling of Ores — Continued

ownership, mistake as to, effect of fail- ure to separate, 559, n. 2 recovery, can not be had, 559, n, 1 court will not indulge in guess work,

559, n. 1 each owner entitled to, 559, n. 1 ore taken under mistake of owner- ship, 559, n. 2 rights, invasion of, entire property rests with him whose, are invaded, 559, and n. 1 trespass, secret, liability of trespasser,

559, n. 1 working claim by minority without con- sent of majority interest, 559, n. 1 mingling of ores from different

claims, 559, n. 1, 2 wrongdoer, law will aid against, 559, n. 1

Community Property See Deeds, Separate Property

Conclusiveness of Patent See Title

Conditional Sales See Fixtures

actions, discussed, 567a and n. 8a agreement character of, 560, n. 2 ; 565 and n. 6 ; 567, n. 8 affect of, 560, n. 2 assignee substituted to rights of as- signor, 564, n. 5 bona fide purchaser from vendee, 563

and n. 4 burden of proof upon him who asserts,

567 and n. 8 character of, fixed by contract, 565, n. 6 chattels, burden of proof, 567 and n. 8 discussed, 566, n. 7 presumption. 566, n. 8 common law, derogation of, 565, n. 6 contract construed, 561, n. 2 ; 565, n. 6 no prescribed form, 561 and n. 2 stipulations in, 560, n. 1 ; 565, n. 6 deferred payments, 560, n. 2 ; 565, n. 6 ;

567, n. 8 defined, 560 and n. 1 discussion of, 561, n. 2 distinction between lease and, 561, n. 2 between sale on condition and, 561, n. 2 doctrine, divergence, 565, n. 6 execution sale vacated, 565, n. 6 favored in California, 562, n. 3 fixtures, can not be sold as personalty, . 565, n. 6 chattels as, 565, n. 6; 567, n. 8 instances, 566, n. 6 machinery affixed to mine, 566, n. 6 reserved from, 560, n. 1 ; 566, n. 6 mechanic's lien, 566, n. 6

notice of, 565, n. 6

to mortgagee, 565, n. 6 policy of courts, 562 and n. 3 presumption chattels affixed to freehold are part of realty, 566 and n. 7

is that unconditional title in owner of realty, 566 and n. 7 property returned to vendor, 565, n. 6 realty or chattel discussed, 565, n. 6;

566, n. 7 remedies, inconsistent, 567a and n. 8a rights, buyer's, 567a and n. 8a

lessees, 565, n. 6

lienholders, 565, n. 6

mortgagee's, 565, n. 6

third parties, 565, n. 6

under trust deed, 565, n. 6

vendors, 565, n. 6 ; 566, n. 7; 567, n. 8

vendee's, 565, n. 6 ; 567a and n. 8a rule, common law, 565, n. 6

departure from ancient, 565, n. 6

Massachusetts, 565, n. 6

reason for, 565, n. 6 sheriff's sale, instance, 565, n. 6 stipulation, 560, n. 1 ; 565, n. 6 title, instances of, 560, n. 1, 2; 565, n. 6 ; 566, n. 7 ; 567, n. 8

Constructive Trust

See Federal Statute of Limitations

Contractor, independent, Contract with Appendix B, Form 10

Co-owners

See Annual Expenditure, Location, Min- ing Partnerships, Mining Terms and Phrases, Patent Proceedings, Possession, Suits Affecting Mining Patents, Tenancy in Common

Co-owners' Rights

See Adverse Suits, Annual Expendi- ture, Mining Partnerships, Ten- ancy in Common

Corporation, Deed for Trustees for

Appendix B, Form 31 Corporations

abandonment, declaration of president,

570, n. 6 alien, location by, 568 and n. 2, 3 annual assessment work by stockholder

of, 669, n. 5 attack by government, 568, n. 4 charter not forfeited, 574 and n. 12, 13,

contribution for assessment work, 569

and n. 5 conveyance by suspended, 574, n. 14 unauthorized, 570, n. 6 to, without result, 571 and n. 8

Index

(References are to sections)

corporate securities act, indictable of- fense, 571, n. 11 selling stock, 573 and n. 11 defunct and suspended, change in law,

574 and n. 12, 13, 14 foreign, contracts void, 574a and n. 14a foreign corporations, doing business de- fined, 574a and n. 14a foreign corporations, failure to comply with statute, 574a and n. 14a invalid deed, 571, n. 14 subsequent acts invalid, 574a and n. 14a foreign, subsequent domestication will not validate prior contracts, 574a and n. 14a general manager, acts binding upon, 572, n. 10 defined, 572, n. 10 fraud of, 572, n. 10 joint liability with, 572, n. 10 knowledge of, 572 and n. 10 supervision of affairs of, 572 and n. 9 inquest of office found, 568 and n. 3 joint liability of, with general man- ager, 572, n. 10 location by alien voidable, 568, n. 2

ultra vires by, 568, n. 1 managers, jointly liable for injuries to,

572, n. 10 officers of, acting without authority,

572, n. 10 oil and gas permit rights of, in, 571 and

n. 7, 8 stockholders, corporate deed unauthor- ized, 570, n. 6 and, not cotenants, 569 and n. 4 assessment work by, 569, n. 5 attempted abandonment by, 570, n, 6 can not file adverse claim for, 570,

n. 6 can not gain personal advantage by performing annual assessment work, 569, n. 5 can not relocate to prejudice of, 570

and n. 6 deed void as to, 570, n. 6 does not represent, 570, n. 6 filing adverse claim, 570, n. 6 has beneficial interest in, 569, n. 5 lease to, valid, 570, n. 6 may act in behalf of, in exceptional

cases, 570, n. 6 may perform annual assessment

work for, 569, n. 5 may take lease when not prejudicial

to, 570, n. 6 notice to contribute for annual as- sessment work, 569 and n. 5 required to convey relocation rights

to, 570 and n. 6 secret lease, 570, n. 6

suspended, can not convey while, 574, n. 14 no trustees for, 574, n. 14 suspension of, acts during, 574, n. 14 ultra vires location, 568 and n. 1

Correcting Mistakes

See Locations, Amended Locations, Mining Patents

Costigan's Synopsis of Patent Rights

949 and n. 88 Costs

actions, practice in equity, 575a, n. 3a cost bill, prima facie evidence, 580 and

n. 9 definition of, 575 and n. 1, 2 experts, when entitled to, 578 and n. 7 experts, Californian rule, 578, n. 7 land office, not within purview of state

statute, 577 and n. 6 liability for, 575a, n. 3 measure of right to, 575a and n. 4 none allowed, 576 and n. 5 not recoverable at common law, 575a,

n. 3 right to recover, 515a and n. 3 receivers allowance of, 579 and n. 8 rule at law, 515 and n. 3

Cotenants

See Tenancy in Common

Country Rock, 162

Damages

See Eminent Domain, Flooding of Mines, Oil and Gas Lands, Pos- sessory Actions, Tailings Claims

Californian rule as to speculative, 1020 and n. 102

escaping oil into stream, 1023 and n.

failure to develop, 1015 and n. 96, 97

liquidated, 1016 and n. 98

invalid lease, 1013 and n. 95

measure of, 1014 and n. 96

recurring, 1022 and n. 107

speculative, 1018 and n. 100 recoverable, 1019 and n. 101

unliquidated, 1017 and n. 99

well digger, 1012 and n. 94

without negligence, 649 and n. 10, 11 ; 1021 and n. 103, 104, 105

Death Valley National Monument

29, n. 25

Deed, Conjoint, and Lease Appendix B, Form 21

Deed, Grant

Appendix B, Form 30

Deed, Ratification of Appendix B, Form 32

Index

(References are to sections)

Deeds

abandonment of location by grantor,

583, n. 12 absence of restrictive words in, 581,

n. 4 adverse possession, actions, 587, n. 19 of mine, same as that of surface, 587,

n. 19 secret trespass, 587, n. 17 subsequent grantee bound to take

notice of severance, 587, n. 19 subsurface owner, 587, n. 17 surface owner, 587, n. 19 agricultural land, difference between,

and mineral land, 583, n. 11 annual expenditure, grantee's failure to make, 588 and n. 21 state never makes, 590, n. 24 apex, vein followed into granted land,

581, n. 4 ; 583 and n. 11 boundaries fixed by parol evidence, 581,

n. 4 calls in, 581, n. 4 characteristics of, 581 and n. 1 to 6;

583, n. 11 community property, rights in, 589 and

n. 22, 23 construction, instances, 581, n. 2, 4; 583, n. 10, 11 ; 585 and n. 17 ; 590, n. 20 controlling features, 581, n. 4 corporation, prior to organization, 585, n. 17 unincorporated, to, 584, n. 17 creation of estates, before discovery, 583 and n. 14 carries no right, 583 and n. 10 denial of title, 583 and n. 9 extralateral rights within granted

premises, 581 and n. 11, 11a following vein, 583 and n. 11 independent portions of unpatented

claim, 583 and n 12 independent estates in same land,

583 and n. 8 intersecting veins, 583 and n. 11 no rights in adjoining claim, 583 and

n. 11 placer claim includes all known veins,

583 and n. 13 possessory right is property right,

583. n. 14 rights of purchaser of part of un- patented claim, 583, n. 12 several carved out of same land, 583

and n. 8 undivided interests, 583 and n. 11 water rights, 583 and n. 15 what deed does not purport to grant, 583 and n. 10 (Toiireff and distances, 581, n. 4

description boundary lines, 581, n. 4 descriptive name sufficient in, 581,

n. 4 ; 582, n. 7 general prevails over particular in,

581, n. 4

indefinite and inaccurate, 581, n. 4 identity of object, 581, n. 4 instrument or record as evidence,

582, n. 7

intent of parties, 581, n. 4 ; 586, n. 18 monuments elements of quantity, 581,

n. 4 monuments control, 581, n. 4 quantity is least certain, 581, n. 4 quantity may be of decisive weight,

581, n. 4

reference to records, 582, n. 7 descriptive name, one of two sufficient,

582, n. 7

several names immaterial, 582, n. 7 dips, spurs and angles not necessary

part of, 581 and n. 5 discovery, after, is property right, 583 and n. 14 before, is valid, 583, n. 14 distinction between, for mineral and

nonmineral land, 583, n. 11 escrow, becomes operative, when, 581, n. 2 can not be delivered to grantee in,

581, n. 2 conditional delivery in, 581, n. 2 delivered contrary to instructions,

581, n. 2 effect of, before patent, 586, n. 18 effect of notice of, 581, n. 2 not, an, 581, n. 2 notice of, 581, n. 2 passes title upon contingency, 581,

n. 2 prior to patent, 582, n. 18 estoppel, grantee can not attack title of

grantor, 583 and n. 9 evidence, boundaries may be fixed by parol, 581, n. 4 parol, sufficient to explain location of objects, 581, n. 4 extralateral rights, 581, n. 4 ; 583 and n. 9, 10, 11a not included in, 581 and n. 10 operate to convey, 581, n. 4 foreign corporation, to undomesticatefl

void, 584, n. 16 fraudulent, to wife, 584, n. 17 good and merchantable title defined,

581, n. 4 grant, effect of, to government land

subsequently acquired, 586, n. 18 grantee, abandonment by, 583, n. 12 must take notice of severance, 1145 and n. 15

Index

(References are to sections)

takes subject to character of mining property, 583, n. 11 grantor's intentions, 586, n. 18

limitations, 588 and n. 20 husband and wife joining of unneces- sary, 589 and n. 2 no dower rights in unpatented claims,

580, n. 22

imperfect, instances 585 and n. 17 incomplete and irregular locations, 581,

n. 3 independent claims within location, 583

and n. 12 location, abandoned, rights of grantee, 583 and n. 12 conflicting lode and placer claim?,

588, n. 20 grantor can not attack validity of,

588 and n. 20 grantor can not relocate upon grant- ee's failure to perform annual labor, 588 and n. 21 incomplete and irregular, 581, n. 3 independent claims within, subject to incidents of separate ownership, 583 and n. 12 no rights in adjoining, 583 and n. 11 prior, entitled to all ore within, 583, n. 11 mine may have several names, 582, n. 7 use of word in, dangerous, 581, n. 4 mineral land, difference between, and

agricultural land, 583, n. 11 mining claim transfer of, 581 and n. 1

to 4 ; 584, n. 17 monuments, control, 581, n. 4 elements of quantity, 581, n. 4 metes and bounds, courses and dis- tances, superior to quantity, 581, n. 4 mortgage, sufficiently described, 581,

n. 7 natural object, identity, 581, n. 4 notice, subsequent grantor must take,

587, n. 19 oral agreement, can not act as transfer,

581, n. 2

can not create trust, 581, n. 2 partnership, title in person named in,

585 and n. 17 parol evidence, 581, n. 4 patent transfer of title by applicant,

586, n. 18 placer claims include known veins, 583

and n. 13 property, unpatented, no dower rights

in, 589 and n. 22 possessory right alone conveyed, 590,

n. 24 defined, 583, n. 14 public record, reference to sufficient,

582, n. 7

purchaser, rights of in unpatented claim, 583, n. 12

quantity, least certain in, 581, n. 4 may have decisive weight, 581, n. 4 monuments elements of, 581, n. 4 what superior to, 581, n. 4

quit claim, during pendency of patent proceedings, 586 and n. 18 effect, 586 and n. 18 general rule, 586, n. 18 intention of granto;*, 586, n. 18 intention to be gathered from whole,

586, n. 18

not conclusive, 586 and n. 18 recorded document, reference to suf- ficient, 582, n. 7 relocation, grantee can not make, 588

and n. 21 restrictive words, absence of, 581, n. 4 several names, one of two sufficient in,

582, n. 7

severance, estoppel, 583 and n. 9

no title acquired by adverse posses- sion, 587 and n. 19 statute of limitations, 587, n. 19 subsequent grantee must take notice of, 587, n. 19 space of intersection, no prior location,

583, n. 11 ownership, 583, n. 11 priority of title, 583, n. 11

statute of limitations, owner must es- tablish possession of mine inde- pendently of possession of surface,

587, n. 19

subsurface, adverse possession of, 587

and n. 17 sufficient description, 582 and n. 7 surface, adverse possession of, 587 and

n. 19 tax, essential steps must be followed in, 590 and n. 24 from state does not affect interest of United States, 585, n. 17; 590, n. 24 from state does not dispense with

annual labor, 590, n. 24 from state merely conveys right of

possession, 590, n. 24 possessory right under, lost by de- fault, 590, n. 24 sales are in invitum, 590 and n. 24 to or from state, 590, n. 24 United States, interest of, not affect- ed by, from state, 590, n. 24 to water rights, 283 and n. 15 transfer by operation of law or instru- ment in writing, 581 and n, 1, 2 by parol of right of location, 581 and n. 3 trespass, secret, no adverse possession by. 587, n. 19

Index

(References are to sections)

Deeds — Continued

unnecessary clause in, 581 and n. 5, 6 United States mineral surveyor, to

void, 584 and n. 16 use of word "mine" in, dangerous in,

581, n. 4 veins, priority of right, 583, n. 11 void, taxes, instances, 584, n. 17 ; 590 and n. 24 to dead or fictitious person, 585, n. 17 to land office employees, 584 and n.

to mineral surveyor is, 584 and n. 16 to or from undomesticated foreign corporation, 581 and n. 16a ; 584, n. 16a water rights as appurtenant to land, 583, and n. 15 sufficiency of, in, 583, n. 15 what, do not purport to grant, 583 and

and n. 10 wife, need not join in conveyance of unpatented claim, 589 and n. 23 Department of Agriculture prospectors and locators must comply with rules and regulations, 32 and n. 39 power to make rules and regulations

upheld, 32 and n. 39 vested with management and regula- tions of national forests, 32 and n. 37,38

Department of Interior, 31

Diagrams

Ajax Co. vs. Hilkey, 143, n. 41 Anchor-Mattie L. Case, 672, n. 1 anticlinal vein, 142, n, 35 apex, 147, n. 52

Argonaut-Kennedy Case, 542, n. 64 Blackhawk-Alleghany Case, 194, n. 44 blaze on trees, 4 n. 31 changing form of location, 722, n. 30 Clark-Montana Co. v. Butte & S. Co.,

147, n. 52 cross vein, 144, n. 44 Elm Orlu-Blackrock Case, 147, n. 52 end lines, 542, n. 64 Enterprise Co. v. Rico-Aspen Co., 738,

n. 50 extralateral right, 553, n. 98 fractional location perfected. Form 46 Horseshoe Case, 676, n. 16 intersecting veins, 149, n. 55 Jeffersiin Co. v. Leland-Jefferson Co.,

672. n. 1 Jim Butler-West End Case, 112, n. 35 Kennedy Co. v. Argonaut Co., 542, n.

Last Chance-Tyler Case, 540, n. 75 legal apex, 172, n. 103 location plan, Form 46

Rico- Argentine Co. v. Rico Con. Co.,

144. n. 44 secondary veins, 143, n. 41 ; 144, n. 44 ;

072, n. 1 shoe string location, 722, n. 30 Stone claim (horseshoe), 676, n. 16 strike and dip, 173, n. 107 strike of lode, 553, n. 89 township plat, 226, n. 6 tunnel vein, 728, n. 49 united veins, 149, n. 55 Victor Con.-Triumph Case, 143, n. 41

Diatomaceous Earth

See Mining Terms and Phrases

Difference Between Fixtures and im- provements 2 subd. VI, n. 12

Dip or Downward Course

See Mining Terras and Phrases; Apex

Discovery

See, also, Boundaries, Locations, Lode Claims, Lodes Within Placers, Mining Terms and Phrases, Oil Mining Terms and Phrases, Plac- ers, Vein, Lode and Ledge abandoned claims, relocation, 614, n. 81 absence of, subjects location to with- drawal, 592, n. 7 absolutely nullity, notice posted with- out, 616 and n. 84 actual possession necessary without,

600 and n. 29 additional requires no additional notice,

603, n. 41 adjudication that land is -mineral does

not dispense with, 618 and n. 91 adoption of, essential, 614, n. 81 adverse location peaceably made, 600

and n. 30 agricultural entries, 609, and n. 75; 612, n. 79 lands, discovery of, after final proofs

confers no title, 609 and n. 75 lands, within, 609 and n. 75 agriculturist may question, 618, n. 89 apex gets entire width of, 593, n. 11 jurisdiction of land department, 618,

n. 99 location upon dip invalid, 605 and

n. 55 situation of, determined by court or jury, 618 and n. 100, 101 appropriation and, recognized as funda- mental, 592, n. 6 assessment work before, 615 and n. 82 does not take the place of, 615 and

n. 82 not synonymous, 615 and n. 82 superfluouA before, 615 and n. 82

Index

(References are to sections)

without, confers no rights, 582, n. 6 ;

615, n. 82

attitude of locator, 593, n. 11 barium sufficient, 592, n. 10

subject to lode location, 592, n. 10 barren seam or fissure not sufficient,

618 and n. 90 belief in existence of, insufficient, 591, n. 2 sufficient, 591, n. 2, 5 ; 594, n. 13, 18 ;

618, n. 90

reasonable, in existence of mineral, 593, n. 11 ; 594, n. 18 Boulder Dam Project mining claims

within, 596, n. 21 boundaries, absence of, lays claim open to relocation, 616, n. 84, 85 marking of, posting and record may

precede, 616 and n. 83 mere marking of location insufficient,

616, n. 85

broad distinction between terms, 615,

n. 82 broad rule of, modified, 598 and n. 25 Californian rule as to locator's rights,

616, n. 86 cannot be bisected nor parceled out,

593, n. 11 ; 602, n. 39 cannot be conjectural, imaginary or

mere guess, 593 and n. 11 cannot be presumed, except from

patent, 593, n. 11 from lapse of time, 592, n. 10 cannot be stipulated, 593, n. 11 carved from location, 603, n. 43 character questioned, 609, n. 76 condition precedent, 592 and n. 6, 7 conflicting evidence of, 618, n. 92 contest between adverse claimants, 618,

n. 89 continuous occupancy pending, 600, n.

conveyance before or after, 606, n. 68 ;

619, n. 105, 106 ; 620 and n. 107 contest between adverse claimants, 618,

n. 89 between mineral claimant and rail- road company, 618 n. 89 controverted, 592, n. 10 cost of extracting exceeding value of

deposit of mineral, 594, n. 18 country rock containing kidneys of ore

insufficient, 594, n. 17 criterion discussed, 598 and n. 24, 25 date of, relates back patent, 618, n. 89 decisions, parity of, 595 and n, 19 deep in ground, 594 and n. 15 defined, 591 and n. 5; 592, n. 10 detached pieces or bunches of quartz

are not, 594, n. 17 development, discussed, 615, n. 82 development of, 601 and n. 33 to 36; 615, n. 82

difference between assessment work and, work, 615, n. 82

difference between expenditure, im- provements and development and,

614, n. 81

diligence, 593, n. 11 ; 600 and n. 29 absence of, 592, n. 7; 593, n. 11;

615, n. 82

in prosecuting work, 593, n. 11 ; 600

and n. 29; 615, n. 82 in seeking, gives right of possession, 616 and n. 86

discoverer of vein or lode, 598, n. 25 first, has full title to claim, 600 and

n. 31 title to particular vein, 618 and n.

discussion of, 596, n. 20

distinction between words "expendi- tures," "improvements" or "devel- opment," 615, n. 82

district rules, penalty for nonobserv- ance, 601 and u. 35 usually provide for preliminary work, 601 and n. 34, 35

doctrine of Book v. Justice Co., 58 Fed. 106, 596. n. 21

ejectment suit will lie against con- tinued trespass, 622, n. 109

essential, 591 and n. 1, 4 ; 592 and n. 6

estoppel of lessee to deny owner's title, 622, n. 109 owner by silence, 622 and n. 109

excluded from patent, 623 and n. 112

expenditure, improvements or develop- ment not svnonvmous with, 615, n.

expert testimony, 618, n. 90

expert testimony may prove, 618, n. 90

exploration equivalent to, 615, n. 82

excavation must be made as required by law, 603 and n. 42

existence may be questioned, 618 and n. 89 to 104

extreme liberality bv courts as to, 592, n. 6

failure to adopt, 614, n. 81

failure to correctly state place of, 614, n. 81

federal mining law requires no prelim- inary work, 592 and n. 9; 601 and n. 33 requirements of, met, 596 and n. 20 silent as to expenditure of money

or labor upon, 592 and n. 9 silent as to what constitutes, 592 and

n. 8 silent as to what particular part of location within location, 592 and n. 10

finding rock in place, 605, n. 67

as distinguished from float rock, 598 and n. 24

Index

(References are to sections)

Discovery — Continued

first essential to valid location, 592, n. 6 first one making has full right to claim,

600 and n. 31 fixes date of location, 600, n. 32 following vein or mineral-bearing body,

605, n. 65

forcible, fraudulent and clandestine dis- cussed, 600, n. 31 use of land as, 618 and n. 103 general rule as to suflSciency of, 597 and n. 23 as to suflBciency of, modified, 597 and n. 25 gold in land may be insufficient, 594, n. 17, 18 ; 595, n. 19 in land may be sufficient, 595, n. 19 in placer, 594, n. 17; 595, n. 19;

606, n. 68 ; 616, n. 89 good faith lack of, 593, n. 11

must be in, 593 and n. 11 of locator, 594, n. 11 vital to validity of, 593, n. 11 grub stake contracts defined, 907 and n.

33, 37, 38, 39 ; 908, n. 40, 41, 42 horizontal vein defined, 605, n. 53 if title to fails, so does location, 594,

n. 17 in any part of location sufficient, 592

and n. 8 incontiguoiis claims can not be patented

in one application, 604, n. 46 indications are not, 591, n. 3 ; 594 and n. 12, 13, 14; 618, n. 90 insufficient, 594 and n. 12 to 22 ; 599

and n. 26 sufficiency of, 596, n. 20 ; 599 and n. in mass, 605, n. 65 in oil locations, 606, n. 67 instance of "float" supporting lode loca- tion, 605, n. 66 insufficient, 605, n. 65 sufficiency, 594, n. 18 ; 605, n. 65 intervening right, 602 and n. 39; 614, n. 81 ; 617 and n. 88 before, 614, n. 81 justification lacking, 594, n. 18; 618,

n. 90 justification of location, 594, n. 18; 595, n. 19, 20; 606, n. 68; 615, n. 82; 616, n. 87, 89, 90 knowledge of existence of, 591, n. 2 land department may investigate and determine sufficiency of, 618, n. 89 question of, not ordinarily before the, 618, n. 89 local laws, necessity for observing, 601 and n. 34, 35 penalty for nonobservance, 601 and

n. 35 usually provide for preliminary loca- cation work, 601 and n. d4, 35

location based upon discovery in an- other claim void, 594, n. 17 location, basis of, 616, n. 83, 84

clandestine, upheld, 600, n. 30

courts hold paying mine not neces- sary element of, 596 and n. 21; 598, n. 25

detached pieces or bunches of quartz will not support, 594, n. 17

elements of lode to support, 605, n.

end line, two separate, cannot be made upon common, 593, n. 11

entry of adverse locator, 600 and n. 30

essential acts of, 616 and n. 83 to 87

invalid, instances, 591, n. 2, 3 ; 592 ; 616 and n. 83

life of begins with date of, in absence of intervening right, 614, n. 81

may be original or adopted, 592, n. 10

mere marking does not make, valid, 616, n. 84, 85

mere, vests no right, 616, n. 35

monuments may be placed upon pat- ented or unpatented property, 605, n. 51

must be more than guess, 593, n. 11

of mineral within is question of fact, 618 and n. 89

on unappropriated laud, 592, n. 10

peaceable, upheld, 600, n. 30

prerequisites of valid, 596, n. 20

presumption of, arising from, 609, n. 75

upon dip of vein illegal and void, 605, n. 55

upon unappropriated land, 592, n. 10

valid cannot be based upon detached pieces or bunches of quartz void, 594, n. 17

valid without ascertainment of pre- cise extent and character of, 594, n. 13, 18; 605, n. 65

without, gives no right of possession, 600, n. 28

without, 614 and n. 81 location notice, improper posting, 603 and n. 39

not evidence of, 618 and n. 93

posted without marking insufficient, 616 and n. 85

posting of, 602 and n. 38 ; 616, n. 84

recital in of, is not evidence of, 592, n. 10 ; 618 and n. 93

sufficiency of descrii)tion is question of fact, 618, n. 94 locator, burden of proof of, upon, 607, n. 70

estopped, 621 and n. 108

justified, 694, n. 18

not justified, 594, n. 17

Index

( References are to sections)

what not required of, 592, n. 8, 13 without, is tenant at sufferance, 614,

n. 81 locator's rights, Califomian rule, 616,

n. 86 determination of existence of known

lode, 618 and n. 102 discussed, 616, n. 86 exclusive right of possession follows,

592, n. 7 inures when requirements of local

law complied with, 602 and n. 39 to continue, work after subsequent

location, 614, n. 81 when diligently seeking minerals, 616

and n. 86 without, 592, n. 7 lode claim elements in, constituting,

605, n. 67 by failure to adopt, 614, n. 81 within, 605 and n. 51 to 67 loss of, 604 and n. 43 to 50

in casting off excess, 604, and n. 50 titular, 604 and n. 49 mill site patented, intersecting location,

604 and n. 46 use of land as, 618, and n. 103 mineral deposits as nonmineral land,

594, n. 18 disclosure, 603 and n. 40, 41, 42;

605, n. 68 formation, 594, n. 13, 18

must exist sufficient to justify ex- penditure, 615, n. 82

nonmineral claimants, rule as to con- flict between, 618, n. 89

possibility of land being valuable for, 618, n. 89 mining claim protected from adverse relocation during preliminary work, 600 and n. 36 monuments, absence of, lays claim open to adverse relocation, 600, n. 30

existence of, 618, n. 94

may be placed upon property ad- versely held, 605, n. 51

natural or fixed, 618, n. 94

part upon adjacent territory, 605, n. 51 must be within limits of, 591, n. 3; 592, n. 10 ; 594, n. 17 ; 616, n. 85 must justify prudent man in further work, 592, n. 10, 11; 594 and n. 16, 17, 18; 595, n. 19; 597 and n. 23 ; 598 and n. 25 ; 605, n. 65 ;

606, n. 68

must not be conjectural, 593 and n. 11 must not be imaginary, 593 and n. 11 must not be made on another clq,m,

594, n. 17 must not be within encroached land,

605. n. 51

must precede application for patent,

623 and n. Ill need not be made before other steps

of, 592, n. 7 need not be paying mine, 596 and n. 21 negative testimony may disprove, 618,

n. 90 new, necessary, 604 and n. 57, 50 new unnecessary, 604, and n. 44, 45 no rule as to place of, 592, n. 10 nonmineral defined, 594, n. 16, 18, 19 nonmineral patent carries subsequent

mineral, 610, n. 77 not basis for consolidation, 594, n. 17 not presumed from proof of, 618, n. 93 oil and gas insufficient, for patent, 596,

n. 26 oil lease and homestead entryman, 612,

n. 79 oil location insufficiency of, 594 and n. 14, 17; 599 and n. 26 may be made at any depth, 606, n. 68 pending, 592, n. 7 sufficiency, 599 and n. 27 oil permit, none in Oklahoma, 610, n. 77 oil shale lands, 596, n. 20 ; 598, n. 26 validity of, 595, n. 20 ; 599, n. 26 object of law of, 595, n. 19 open question, 618, n. 90 ore of commercial value not essential,

508, n. 25 outcroppings may be basis of, 591, n. 2

mineralized may aid, 618, n. 90 overlapping claims, within, 600, n. 29 owner not estopped, 622, n. 109 parity of decisions, 595 and n. 19 passing through center of end line, 593,

n. 11 patent proof of, 617, n. 89 patent, basis for issuance lacking, 620 and n. Ill conclusive as to, 618, n. 89 conclusive in absence of fraud, mis- take or imposition, 618 and n. 104 evidences that all proper steps were taken in issuance, 623 and n. 110 exclusion of discovery and improve- ments, 623 and n. 112 incontiguous claims, 604, n. 46 nonmineral, subsequent to, 610, n. 77 paying ore not essential to, 594, n. 13, 17; 596, n. 22; 598, n. 25; 618, n. 89 pedis possessio not limit of possession,

616, n. 86 placer claims, character of land, court's ruling as to, 618, n. 89 character of land, land office ruling

as to, 606, n. 69 character of land within ten acre

tracts, 606, n. 68 collateral attack upon patent within, 607, n. 70

Index

(References are to sections)

Discovery — Continued placer claims — continued

Costigan's views on, 607, n. 70

defined, 607, n. 70

deposits of two classes within, 607

and n. 70 difference between, and lode locations,

607, n. 70 discovery not invalidated by well

bisecting, 593, n. 11 discovery, one suflRcient, irrespective

of area, 606 and n. 68 entry, location and patent proceed- ings, 592, n. 6 existence of vein or lode within, ques- tion of fact, 618 and n. 102 known lode defined, 607, n. 70 known lode, evidence insufficient, 607, n. 70

insufficiency of proof of, 607, n. 70 location after placer patent, 607,

n. 70 not included in patent application,

607, n. 70 placer patent may not convey title

to, 607, n. 70 subsequent location of, 607 and

n. 70 testimony must be clear and con- vincing of character, 607, n. 70 trespass by subsequent locator

upon, 607, n. 70 within, 600, n. 30 ; 606 and n. 68, 69; 607, n. 70 legal subdivision not containing min- eral deposits, 605, n. 68 location does not establish mineral character of all land within, 606, n. 68

justified, 606, n. 68 must present reasonable evidence of

value, 606, n. 68 of oil land within, 605, n. 87 two different classes of, may exist

within, 607 and n. 70 void, 607, n. 70

within, of two classes, 607, n. 70 lode claims and, within same area, 607 and n. 70

within, 605 and n. 51 to 57; 607 and n. 70 lode claimant, burden of proof, 607,

n. 70 lode location against, in adverse pro- ceedings, 607, n. 70 lo<le locations and, 607 and n. 70 discovery within, 607 and n. 70 location prevails over void loca- tion of, 607, n. 70 not presumed to extend within,

607, n. 70 within, 607 and n. 70 nature of deposits, 698, n. 25

nature of location, 606, n. 69 nonmineral land within, 606, n. 68 oil discussed, 594 and n. 16 : 599 and

n. 26, 27; 605, n. 68 pay streak within, 598, n. 25 ten-acre tracts unit for examination of nonmineral land within, 606, n. 69 town site patents, 607, n. 70 trespass, posting notice to prospec- tors to keep off, 607, n. 70 upon, 607, n. 70

stranger cannot enter, as a pros- pector, 606, n. 69 warning intruder from trespassing, 622, n. 109 possession, diligence in seeking, gives right of, 616 and n. 86 general rule as to party in lawful,

616, n. 86 no right of, 600, n. 28 priority of, determines right of, 600

and n. 28 under Californian rule, 616, n. 86 posted notice without, absolute nullity, 616 and n. 84 and marking location is invalid, 616

and n. 85 invalid, 616 and n. 85 porphyry or limestone is not, 594, n. 17 preliminary work upon, 601 and n. 33

to 36 ; 601 and n. 33 to 36 presumption of, 592, n. 10

from recital in location notice, 592, n. 10 priority of, 600 and n. 28 to 32

determines right of possession, 600, n. 28 prior right in junior locator, 600, n. 30 profit immaterial, 592, n. 8, 10; 596,

n. 21, 22 proof of, 617, n. 88; 618, n. 89; 591,

n. 1, 5 protection of claim, 601 and n. 36 prudent man not necessarily skilled

miner, 595, n. 19 pursuing work of, 600, n. 29 qualification of rule of law as to, 616

and n. 86 question of, before land department, 618, n. 89 to 104 may be raised between mineral claim- ants, 618, n. 89 question of, not barred, 618 and n. 91 question of fact, whether land, valu- able for mining, 618 and n. 104 questions of fact, finding by court of no, 618, n. 92 instances, 618 and n. 94, 95, 96, 97 open question as character of, 618

and n. 90 peculiar province of land department, 618 and n. 104

Index

(References are to sections)

railroad lands discussed, 611 and n. 78

within, 611 and n. 78 reasonable belief in existence, 593, n.

11 ; 594, n. 18 relocation, absence of markings lays claim open to, 616, n. 84 after prior right abandoned, 616, n.

entry by adverse relocator, 600 and

n. 30 loss of prior right, 616, n. 87 mere marking does not prevent, 616,

n. 85 protection against, 617, n. 88 unmarked claim, 616, n. 85 relocator is appropriator not discoverer, 614, n. 81 failure to adopt, fatal to right, 614, n. 81 rock in place and float rock distin- guished as, 605, n. 66 sale before or after discovery, 606, n. 68; 619, n. 105, 106; 620 and n. does not invalidate location, 620 and

n. 107 oil and gas lands before, 619, n. 106 part of association placer claim, 619,

B. 105 unaccompanied by vrriting, 619 and n. 105 seams constituting, 594, n. 13, 18

leading to ore, 594, n. 13, 18 secret underground, 592, n. 10 severance of, before, 606, n. 68 shaft, bisecting boundary line, 593, n. disclosing no ore showing in other workings within claim suflScient, 603, n. 41 distinguished from, 602, n. 37 need not be at point of discovery,

603, n. 41 need not be first shaft or Opening,

603, n. 41

not necessarily first, 603, n. 41

or cut loss of, may defeat location,

604, n. 48

or cut may be anywhere along course of vein, 601, n. 33

or its equivalent must disclose min- eral rock therein, 603 and n. 40

partly within adjoining ground, 602, n. 37 ; 605, n. 51

sinking, 'one act of location, 602, n.

sunk upon vein, 616, n. 87

valid if not made in, or its equiva- lent, 603 and n. 41 small seams of iron oxide and carbon- ate of lead sufficient, 594, n. 18 same rule does not apply to lode and placer claims as to, 598, n. 25

state lands, discovery within, 610 and n. 76, 77 discussed, 610 and n. 76, 77 known mineral lands within, 610, n.

mineral character, 610 and n. 77 subsequent discovery does not defeat

title, 616 aud n. 77 title discussed, 610, n. 76, 77 title passes upon completion of sur- vey, 610 and n. 76 title, subsequent discovery does not

divest, 610 and n. 77 survey completion of, effect, 610 and

n. 76 survey discussed, 610, n. 76 vacation of selection, 610, n. 77 statutory tunnel, possession not de- pendent on, 608 and n. 71 right to veins or lodes, 608, n. 71, 73,

within, 608 and n. 61 to 74 subsequent, does not require relocation, 617, n. 88 in absence of intervening right, 617

and n. 88 no new relocation necessary, 617, n.

relates back, 617 and n. 88 to marking and recording valid, 617

and n. 88 to nonmineral patent, 610, n. 77 sufficient, example, 594, n. 18

if of present or prospective commer- cial value, 596, n. 20 to justify expenditure, 615, n. 82 sufficiency of, 596 and n. 20, 21; 597 and n. 23 ; 598, n. 24, 25 ; 606, n. 68 ; 615, n. 82 ; 618, n. 89 supplemental proof of, 618, n. 90 surveyor may prove, 618, n. 90 surveyor general return of, 611 and n.

swamp lands, not affected by subse- quent, 610 and n. 77 grants containing no reservation of mineral, 610, n. 77 technical meaning in mining, 591 and

n. 1 ten-acre tracts units of investigation

and determination, 606, n. 69 title, estoppel of lessee, 622, n. 109 townsite patent, and mining claim patent, conflict between, 612, n. 79 conflict with mining patent, 612, n.

evidence of abandoned work on vein will not prevent issuance of, 607, n. 70 inoperative, 6l2, n. 79 mineral right initiated after, 613 and n. 80

Index

(References are to sections)

Discovery — Continued townsite patent — continued

within, direct attack upon, 613 and

n. 80 trespass, no rights initiated by, 600,

n. 29 two locations upon one, invalid, 593,

n. 11 ; 600, n. 39 within townsites, location not per- mitted, 612 and n. 78, 79 owner's acquiescence in continued,

622, n. 109 upon surface or underground, 592, n.

upon unappropriated land, 592, n. 10;

593, n. 11; 594, n. 17; 605, n. 51,

valid, discussed, 591, n. 2; 592, n. 6 valid though no prospect for immediate

profit, 596, n. 20 valuable for mineral, 592, n. 10; 594,

n. 18 vein or lode, character of, 594, n. 13 has no fixed meaning, 592, n. 10 insufficient evidence of existence, 610,

n. 82 need not necessarily outcrop, 591,

n. 2 upon dip of, 605, n. 55 vital time of, 598 and n. 25 when additional, must be made, 603, n.

43 ; 623 and n. 112 where no intervening rights, 592, n. 7 who may not question, 618 and n. 89 without, mere acts of location futile,

600, n. 28 work defined, 615, n. 82

District Rules

See Local Rules, Regulations and Customs

Ditches and Canals See Public Domain

Drainage

absence of federal provisions, 624 and n. 1

absence of state constitutions, 625 and n. 3

appropriate term, 624, n. 1

collection of cases, 625, n. 2

condition of sale, local provisions, 624 and n. 1

congress can not authorize state legis- latures regardless of state consti- tutions, 624 and n. 2

drainage appropriate term in case of quartz mines, 624, n. 1

easements, drainage and other neces- sary means. 624 and n. 1

federal provision, 624 and n. 1

patent, contents of, 624 and n. 1

private property can not be taken for mining purposes, 625 and n. 3

rules and customs, 624 and n. 2

state constitution must authorize legis- lature, 625 and n. 3 can not be ignored by congress, 625 and n. 2

state has no power to authorize tak- ing private property for mining purposes, 625 and n. 3

state legislation, 625 and n. 2

state or territorial provisions, 624 and n. 1

statutes affecting, 625, n. 3

working mines, 624 and n. 1 ; 625, n. 2

Dump See Mining Terms and Phrases

Dyke See Vein, Lode and Ledge

Easements

See, also. Flooding of Mines ; Eminent

Domain California, no condemnation of mining

property, 627, n. 2 collection of state statutes, 626, n. 1 conflicting rights as to tunnel, 627, n. 2 conflict of grants, 626, n. 1 court's jurisdiction limited, 627 and

n. 2 ditch, enlargement of, unlawful, 627,

n. 1 from hydraulic mine, 626, n. 1 right, limitation of rights in, 627,

n. 1 subsequent patentees' rights, 627,

n. 1 federal grant of, 626 and n. 1

right to grant, ceases, 626 and n. 1 general principles well settled, 626,

n. 1 granted by United States over public

lands, 626 and n. 1 implied ways of necessity, 626a and

n. la land department's rulings, 616, n. Id miners, rights of, 626, n. 1

rights recognized, 626, n. 1 mining claim subject to, 626, n. 1 patentee subject to, 626, n. 1 patent subject to, 627, n. 1

water appropriation prior to, 626,

n. 1 railroad company against homestead

claimant, 626, n. 1 company within its rights, 626, n. 1 right of way, 626, n. 1 right of way for flume, 626, n. 1 rights adversely acquired, 62, n. 1 state constitution must authorise state

legislation, 627 and n. 2

Index

h

(References are to sections)

legislation, constitutional provision

necessary, 627 and n. 2 legislation, federal provision for, 626a

and n. 3b statutes, 627 and n. 2 statutes, collection of, 627, n. 2 subsequent purchasers burdened by,

626 and n. 1 ; trespass instances of, 626, n. 1

general principles well settled, 626,

n. 1 United States grants, in public lands,

626 and n. 1 Utah, mining property in may be con- demned for private use, 627, n. 2 water, appropriation of, under acts of

1866 and 1870, 626, n. 1 way of necessity, 626a and n. la to Id arises, 626a and n. lb defined, 626a and n. lb doctrine of implied, as to grants un- der public land laws, 626a and

n. la doctrine of implied, doubtful, 626a

and n. la epitome of land department rulings,

626, n. Id epitome of land ofBce rulings, 628a

and n. 3c federal provisions for, 626 and n. Id provision by state for, 626a and n. 3a tunnels, 627, n. 2 vested as appurtenance, 626a and

n. Ic

Ejectment See Adverse Suits, Possessory Actions

Ejectment, Complaint in

Appendix B, Form 41

owner's rights and limitations in,

n. 59 pleadings in, 387, and n. 21, 23

390,

Eminent Domain Alaskan provision permits, miner's ex- ercise of, 637 and n. 39 what subject to, 637 and n. 38, 39 burden of proof to show asserted use is

public use, 635 and n. 34 California constitution does not provide

for, by miner, 629, n. 3 cases denying eminent domain to miner,

629, n. 2 compensation, 636 and n. 25, 36, 37 condemnation of right of way, 634 and

n. 33 for more necessary public use, 633

and n. 32 constitutional provision, 629 and n. 2, 3 constitutions declaring mining to be

public use, 621 and n. 11 to 20

damages, for appropriation by railroad company, 636, n. 37 measure of, 636 and n. 35, 36, 37; 640, n. 42 distinction between public and private

use, 639 and n. 41 doctrine of necessity inapplicable, 632

and n. 31 electric power, 638 and n. 40 a public use, 638 and n. 40 distinction between public and pri- vate use, 639 and n. 41 equity will not restrain public service

corporation, 640, n. 42 extended to industry not to individual,

633, n. 32 implied contract to make just compen- sation, 632 and n. 27 instances of, in miner, 631 and n. 21 to

invasion of neighboring property, 632

and n. 25 to 31 legislature without power to authorize,

632 and n. 3 miner has right of, in Alaska, 637 and n. 39 must not cover another's land with debris or other material, 632 and n. 25 responsible for injury although work- ing mine carefully, 632 and n. 30 miner's lawful use of claim, 632 and n. 25 power to exercise right of depends upon state constitution, 629 and n. 2 unlawful use of claim, 632 and n. 25 mining a public use, 631 and n. 11 to

no ouster, 640 and n. 42

occupancy of land by public service

corporation, 640 and n. 42 owner's rights limited, 640 and n. 42 private property can not be taken for

mining purposes, 629 and n. 3 public service corporation may not have

power of, 640, n. 42 public use and public welfare discussed,

630 and n. 4 to 10 public use defined, 630, n. 5

discussed, 630 and n. 4 to 10 right of way, 629, n. 3 ; 634 and n. 33 passage under, 634, n. 33 power transmission lines, 634, n. 33 through another's mine in California, 629, n. 3 "taking" defined, 632 and n. 25 taking for public use, 631 and n. 21 to

United States land subject to, 628, n. 1 vested in state, 628 and n. 1 -

End LinM, 542

Indpx

(References are to sections)

Entry, Mineral

Appendix B, Form 65

Equitable Ajudication See Land department

Equivalent to Location See Locations

Escrow Holder, Instructions to Appendix B, Form 28

Escrows

See Deeds, Options

Estoppel

asserting statute of frauds, 1138

co-owner not estopped, 422

essence of, 420

equitable, 1138

no proper location, 735

original owner estopped, 538, 621, 622

pleading, 425

record operates as an, 710

Evidence

experts, 1 subd. LXI and n. 118; 578

and n. 7 extralateral rights in placer claim, 618

and n. 100, 101, 102 fraud, 338 and n. 27 good faith, 69 and n. 103 invasion of placer claim, 805 and n. 22 judicial notice, 388a and n. 27a to 278 maps, 1 subd. LXXXIX no known lode within placer claim, 795

and n. 6 parallelism of end lines, 618 and n. 97 photographs, 1 subd. CXXXVI sufficiency of marking, 618 and n. 84 statutory expenditure, 257 and n. 66 under local laws, 303, 495 and n. 92 to

90 ; 496 and n. 100, 100a ; 733, 753

and n. 137 use of land as mill site, 618 and n. 103 validity of location, 618 and n. 90, 99,

Excessive Locations See Boundaries, Locations

Expenditure, Affidavit of, on Placer Claim Appendix B, Form 60

Extralateral Right See, also. Boundaries ; Intralimital and Extralateral Rights ; Mining Terms and Phrases; Vein, Lode, and Ledge

Federal and State Courts See, aUo, Adverse Suits, Posseaaory Actiona

actions, congress can not regulate pra< tice nor prescribe form of, 295J n. 17 dismissal of by motion or by coui

291 and n. 8, 9 adverse suit, determines superior righl

of possession, 295, n. 17

effect of judgment or decree, 295, n. 17

facts presented by, 289, n. 5

may be ejectment or action to quiet title, 295, n. 17

no additional jurisdiction conferred upon state court, 285, n. 17

right of possession determined in, 295, n. 17

state courts may adopt form of ac- tion, 295, n. 17 appeal in federal courts, grounds for,

292 and n. 12

certiorari or otherwise by supreme

court of United States, 293 and

n. 1 character of land or party entitled to

purchase, 289, n. 5 citizenship of representatives, 289, n. 3 concllisive decisions in .mining cases,

294 and n. 16 contracts, power of court to enforce

when title in government, 297 and

n. 20 controlling decisions, 294 and n. 15, 16 court of competent jurisdiction defined,

289 and n. 2 to 5 adverse suit must be commenced in,

289 and n. 1 ; 295, n. 17 adverse suit of itself does not confer

jurisdiction upon federal court,

289, n. 1, 5 limitations of federal court, 298 and

n. 3, 4, 5 court of equity will grant relief from

erroneous decisions of land depart- ment, 297, n. 19 courts always open to private litigants

to determine possessory rights to

public land, 33, n. 43 can not review decisions of land

department, 297, n. 19 have jurisdiction to determine con- flicting claims after homestead

entry, 297, n. 19 will intervene, 297, n. 19 will not interfere with land depart- ment nor entertain actions, 297

and n. 19, 20 decision of land department on matters

of law, 289, n. 5 of lower federal courts determining

federal questions, 294 and n. 16 dismissal of cause, 291 and n. 8, 9 district court of Columbia appeals

restricted, 292, n. 12

Index

(References are to sections)

diversity of citizenship immaterial if federal question involved, 289, n. 5 effect of patent, 298 and n. 21 federal courts, regulation of proceed- ings, 295, n. 17 federal question does not necessarily arise under mining act, 289, n. 5 conflict between federal and state courts, 293, n. 14 injunction, instances of mandatory, 296, n. 18 will not lie, 296 and n. 18 jurisdiction at law and in equity, 289,

n. 2 land department jurisdiction, 289, n. 5 jurisdiction ends with issuance of patent, 298 and n. 21 law and equity commingled suit tried in equity, 289, n. 2 transference of suit, 289, n. 2 mandamus, collection of cases discuss- ing discretion and performance, 296, n. 18 compelling inferior oflcer to act, 296,

n. 18 duty purely ministerial, 296, n. 18 exception to rule, 296, n. 18 liberally construed, 296, n. 18 may be issued to enforce perform- ance, 296, n. 18 not writ of right, 296, n. 18 secretary of interior,' discretion can

not be controlled by, 296, n. 18 will not control judicial discretion,

296, n. 18 will not issue, 296, n. 18 mandamus and injunction, 296 and n. 18 distinction between, 296, n. 18 mandate a flexible writ, 296, n. 18 patent, instances of mandatory injunc- tion to compel issuance of, 296, n. 18 patent, is final judgment of land depart- ment, 298 and n. 21 pleading, alteration of, 289, n. 2

technical forms of, abolished, 289, n. 2 practice, 289 and n. 2

state courts, 295 and n. 17 quiet title suit, defendant in possession,

295, n. 17 removal of cause, 290 and n. 6, 7 bond must be filed and notice given,

290 and n. 7 filing bond essential, 290, n. 7 if jurisdictional facts do not exist and appear of record, 290 and n. 6 irregularity may be waived, 290, n. 7 mandatory provisions, 290, n, 7 suflBciency of notice, 290, n. 7 written notice of petition and bond prior to filing, 290, n. 7

state courts, decisions of supreme court in mining cases, 294 and n. 15 mining cases in, 295 and n. 17 relief afforded by, 295 and n. 17 title not affected by adverse suit, 294,

n. 17 writ of error, 293 and n. 13, 14 federal question, 293 and n. 14 from final decision of highest court of state, 293 and n. 13

Federal Mining Laws

See Public Domain

actions involving issuing of injunction and appointment of receiver, 315, n. 42 time of accrual, 325 and n. 68, 69 title not established by either party, effect, 312, n. 9 adverse proceedings, 312 and n, 11

judgment in, 312 and n. 12 adverse suits, judgment in, 312, n. 10 agricultural entry of lands withdrawn, classified or reported as to certain placer deposits, 317, n. 50 Alaskan act of 1912, 311 and n. 5 amended, 311 and n. 6 provisions, 311 and n. 6 amendments and supplemental legisla- tion, 312 and n. 9, 10, 12 affecting mineral, lands, 311 and n. 1 to 8; 315 and n. 33 to 45; 317 and n. 50 to 54 carried into Rev. Stats, as §§ 2318

et seq., 311, n. 4 existing act, 3J.1 and n. 4 foundation of existing system, 311,

n. 4 history of legislation, 311, n. 4 assessment work, 312 and n. 10, 12 changing period for, 312 and n. 12 not required on land leased from

United States, 316 on petroleum oil locations, 313, n. 12,

tunnel work as, 312 and n. 9 Caminetti act, circumstances and con- ditions leading to enactment, 313, n. 14 character of land determination of, 320

and n. 57 courts, in conflicts pertaining to actual physical possession, 318, n. 55 jurisdiction of, 119 and n. 56 sustain rights arising under district rules, 311, n. 4 desert lands, 314, n. 31, 41 ditches and canals, 314 and n. 29 to 32

purpose of, 314, n. 29, 31 excluded mineral land, 315, n. 41 implied license, 311 and n. 1

Dtoex

(References are to sections)

Federal Mining Laws — Continued

Indian reservation when withdrawn subject to mineral location, 315, n.

3d

initial, passed in 1866, 311 and n. 1 certain sections repealed by Act of

1872, 311, n. 4 remained in force until 1872, 311 and

n. 2 superseded by Act of 1872, 311 and n. 4 land department, court's rulings bind- ing upon, 320, n. 58 jurisdiction of, 319 and n. 56; 320,

and n. 56a -to 58 without jurisdiction, 319 and n. 56 lands valuable for mineral, subject to limited reservation from sale, 311, n. 4 leasing of gold, silver or quicksilver deposits under act of June 8, 1926, 317 and n. 53 leasing act, discussed, 317, n. 52

miner's rights under, 316 and n. 43,

44, 45 purpose of, 317, n. 52 valid mining locations, 316 and n. 43, 44, 45 locatable mineral deposits, 311, n. 4 locations not defeated, 316 and n. 43 of mineral lands prior to title pass- ing from United States, 316 and n. 46 to 49 locators defined, 311, n. 4 ; 773 to 778, and n. 1 to 21 who can not be, 773 and 779 who may be, 311, n. 4 military reservation when abandoned subject to mineral location, 315, n. 35 miners not trespassers, 311, n. 1 miner's rights, 313 and n. 22, 23 ; 314 and n. 29 to 32 ; 315 and n. 35, 36 ; 316 and n. 29 to 32 ; 317 and n. 50 to 54 within Indian reservation, 315, n. 36 within national forest, 316 and n. 46 miner's rules and regulations can not determine title, 311, n. 4 not to conflict with federal law, 311,

n. 4 miners authorized to make, 311, n. 4 mining laws, placer, collation of, 313 and n. 13 to 28 repealed, as to certain placer de- posits, 817, n. 52 restricted patents modify placer, 317, n. 51 mining districts recognised and sanc- tioned, 311, n. 4 mining rights carved from operation of excluding, 316 and n. 45 preserved, 316 and n. 44

national forests, miner's rights pro- tected, 316, n. 46 use of timber on mining claim therein, 316, n. 46 national monument within forest re- serve, 315, n. 33 patent proceedings fall, 312, n. 9 patents issued for surface and also for reserved deposits under, 317, n. 51 preemption and homesteads allowed are subject to vested and accrued water rights, 314, n. 31 Philippine Act of 1902, 311 and n. 7 amended in 1905, 311 and n. 8 provisions of, 311 and n. 7 Pickett Act, 313, n. 18 discussed, 313, n. 18 placer act, 311 and n. 2 placer claims defined, 311, n. 2 policy of government, 311 and n. 1, 4 possession, neither party entitled to,

312, n. 9

potash, purpose of, act of February 7, 1927, 317 and n. 54

President's authority to withdraw oil lands upheld, 315, n. 42

prospecting permits for different min- erals concurrently upon same area,

313, n. 23

reserved and withdrawn lands enumer- ated, 315 and n. 33 to 42 ; 316 and n. 46 to 49 reserved mineral deposits, 315, n. 33 to

restricted patents conditions affecting, 318 and n. 50, 55 consent to accept, 318, n. 55 right to prospect for, mine and re- move minerals, 318 and n. 55 severance of mineral and agricultural

rights, 317 and n. 50 to 54 stock-raising homestead, modifies, 317, n. 17 rights of miners under, 313 and n. 22 statutes, regulations and forms, 313, n. 22 stone land entries subject to limitations

of surface, 317, n. 50 surface, protection of, 321 and n. 59 to

supplemental legislation, 312 and n. 9

to 12 surface, did not suspend or repeal mining laws where such could operate, 317, n. 50 surface support, absolute right to, 821, n. 61 agreement to waive liability, 321, n.

61; 323 and n. 64, 65, 66 cases involving waiver by contract,

323, n. 66 damages, 322, n. 63 injunction refused, 321, n. 61

Index

(References are to sections)

Federal Mining Statutes act enabling the President to make withdrawals, 313, n. 18

Federal Question See Federal and State Courts, Adverse Suits

Federal Statutes See Appendix A

Federal Statutes of Limitations See, also, State Statutes of Limitations actual possession defined, 326, n. 1 additional mode of acquiring a mining

claim, 326, n. 1 adverse claim by judgment creditor,

335, n. 21

determined by court of competent

jurisdiction, 334 and n. 20 discussed, 334 and n. 18, 19, 20

i meaning and effect, 334 and n. 18, 19, 20 dverse claims, 333 and n. 17 ; 334 and n. 18, 19, 20 dverse possession between individuals, 326, n. 1 ; 331 and n. 13 need not be continuous in one per- son, 332 and n. 14 under state statute of limitations, 331 and n. 13 application to sue, 339 and n. 28 to annul or limit patent, 339 and n. 28 appropriate use must be shown, 331

and n. 13 available in courts and land depart- ment, 329 and n. 10 basis of statute, 328, n. 8 bona fide purchaser, 340 and n. 29, 30 action barred, 340 and n. 29 fraudulent patentee's liability, 340

and n. 30 recovery of price to, from fraudulent

patentee, 340 and n. 30 what constitutes, 340, n. 29 burden of proof, 338 and n. 26, 27 complaint, allegations in cases of fraud,

336, n. 24, 25

concealed fraud, 335 and n. 23; 337 and n. 25 when limiting period commences to run, 337 and n. 25

conflict between placer and lode claim- ants, 328, n. 9

constructive trust, discussion of, 341 and n. 31

cooperation as innocent purchaser, 340, n. 29

damages in case of fraud, 336, n. 23, 25

does not enlarge class which may ac- quire a mining claim, 326, n. 1

does not run against claimant of un- patented claim, 326, n. 1 against United States until patent

issues, 326, n. 1 effect on possessory title, 334 and n. 18,

19,20 election of remedies, 326, n. 23, 25 essential elements under, 326 and n. 3

to 6 fraud, action after six years, 336, n. 24 agreements to buy public lands not

necessarily a, 340, n. 29 burden of proof upon government,

338 and n. 26, 29 burden of proof upon party alleging,

338, n. 26 can not be proved by bare prepon- derance of evidence, 338, n. 26 character of proof, 338, n. 36 charges of must be specific and show

effect on land department, 338 and

n. 27 collection of cases, 338, n. 27 damages, 336, n. 23 differentiation between secret and

concealed and patent and known,

336, n. 25 evidence to establish, 337, n. 26 failure of government to prove, 336,

n. 24 government must offer same evidence

as individual, 336, n. 24 intention of, statute, 336, n. 25 is not to be presumed, 336, n. 26 mining patent voidable, 340, n. 29 precludes defense of, 336, n. 23 property taken only according to

rules and forms of law, 336, n. 24 purchaser for value without notice,

340 and n. 29 purchaser with notice of, 340, n. 29 recovering value of land, 336, n. 24,

rule in federal courts, 338, n. 26 test of, 338, n. 26 United States subject to same rules

as private litigant, 336, n. 25 want of knowledge suspends statute

of limitations, 336, n. 25 what complainant must set forth,

336, n. 24, 25 when court of equity will act, 338,

n. 27 fraudulent patent not void but void- able, 340, n. 29 how construed, 328 and n. 7, 8, 9 injunction proceedings applicable, 326,

n. 1 knowledge, means of, 336, n. 23, 25 lien, judgment creditor must file ad- verse claim after sale and deed,

335, n. 21

Index

(References are to sections)

Faderai Statutes of Limitations — Cent, lien — continued

judgment creditor need not file ad- verse claim before sale or deed, 335, n. 21 patent does not affect, 335 and n. 21 not separate and independent provision,

328 and n. 8 object of statute, 327 and n. 7 ouster, what operates as an, 333 and

n. 17 patent exception of time limit to vacate or annul, 336 and n. 23, 24 not defeated by false testimony or

forged documents, 338, n. 27 right to in absence of adverse claim,

326, n. 1 time within which suit must be brought to vacate or annul, 33G and n. 22, 23, 24 will issue to transferee, 332, n. 16 patent proceedings adverse claim may bar, 334 and n. 18 construction of statute, 328 and n. 8,

9, 10 discovery indispensable, 326 and n.

3 ; 328, n. 9 essential elements, 326 and n. 3 to 6 object of law affecting, 327 and n. 7 proofs dispensed with, 330 and n. 12 statute available in courts and land department, 329, n. 10 patentee as trustee, 341 and n. 31 perjury must be extrinsic or collateral,

338, n. 27 possession defined, 326, n. 1

and working for state statutory period of limitation, 326 and n. 1 to 6 possessory title discussed, 334 and n.

18, 19, 20 procedure, 330 and n. 11, 12 provisions of act relating to patent

proceedings, 326 and n. 1 sale of mining claim not proof of

abandonment, 332 and n. 15, 16 statute of limitations running of ar- rested, 336, n. 25 suit to annul or limit patent only by and in name of United States, 339 and n. 28 transferees protected, 332 and n. 14,

15, 16 trespassed can not take advantage of,

326, n. 1, 8 vacation and annullraent of patents, burden of proof upon government, 338 and n. 26 charges of fraud, 338 and n. 27 collection of cases, 338, n. 27 concealed fraud, 387 and n. 25, 26 courU of equity, action by, 338, n. 27

discussed, 336, n. 22, 23, 24 : 337, n

election of remedies, 337, n. 25

false testimony and forged instru- ments, 338, n. 27

fraud must be established by compe- tent evidence, 338, n. 26

fraud must be proved by party al- leging, 338, n. 26 j

fraud not presumed, 337, n. 24 ; 338, n. 26

government may be barred by laches, 336 and n. 24

limitation for, 336 and n. 23

object of statute, 336, n. 22

patentee liable for values derived for improper use of patented property, 337, n. 25

proviso as to limitation to, 336 and n. 23, 24 working the claim, 326 and n. 1 to 6; 332 and n. 14

Federal Water Power Act See Public Domain

Fencing Abandoned Shafts Appendix A, p. 665

Fictitious Person

See Patent Proceedings

Fiduciaries

See Locations, Mining Partnerships, Suits Affecting Mining Patents, Tenancy in Common

Fixtures

Californian law as to what constitutes,

on mining claim, 641, n. 1 chattel mortgage, effect, 641, n. 1 chattel or realty, 641, n. 1 ; 643, n. 3 conditional sales affect character of,

641, n. 1 conditional vendor, rights of, 641, n. 1 defined, 641 and n. 1 improvements and, distinction between,

641, n. 1 improvements on mining claim, 641, n.

1 ; 646 and n. 6 improvements upon withdrawn lands,

646 and n. 6 intention of parties, 642 and n. 2 landlord's rights, 641, n. 1 lessee's rights, 644 and n. 4 locator has no right to remove, after

adverse relocation, 643, n. 3 locator not mere licensee, 642, n. 2 locator's right of removal, 6i41, n. 1 ;

751 and n. 134 oil and gas cases, general rule, 645 and

n. 5 oil claims Californian law as to, does

not apply, 641, n. 1 oil well instrumentalities are, 641, n. 1

Index

(References are to sections)

oil well, trade, defined, 641, n. 1 ordinarily belong to owner of soil, 642,

n. 2 ; 646 and n. 6 part of realty, 641 and n. 1 ; 751 and

n. 134 personal property tests, 641, n. 1 personalty attached to real estate, 642,

n. 2 real property or chattel, 641, n. 1 ; 643,

n. 8 relocator's rights, 641, n. 1 ; 643 and

n. 3 ; 751 and n. 135 right of removal, 644 and n, 4 right of removal implied, 642, n. 2 three general tests, 641, n, 1 vendee's rights superior to landlords.

641, n. 1 vendor's rights, 641, n. 1 withdrawn lands, improvements are ap- purtenant to mining rights, 646

and n. 6 no right to, in surface claimant, 646

and n. 6 status of, 646 and n. 6 upon abandonment of mining claim,

belong to government, 646, n. 6

Forest Reserves See Public Domain

Forfeiture

See also Abandonment, Annual Ex- penditure, Locations, Tenancy in Common abandonment different from forfeiture, 650, n. 1 distinction between and, 650, n. 1 actual possession after, 652 and n. 7 adverse entry, 652 and n. 6 to 13 adverse relocation, defective, no bar,

652 and n. 6 adverse suit, does not suspend annual expenditure, 663 and n. 31 pleading in, 660, n. 26 rule as to, 659, n. 25 aflSdavit of annual expenditure, failure to record, 655 and n. 19 overcome by evidence, 655, n. 19 prima facie evidence, 655, n. 19 Alaska, title defeated in, 650, n. 3 ; 654, n. 17 ; 655, n. 19 no resumption of work in, 650, n. 3 statute void, 655, n. 19 annual expenditure by contract, 662 and n. 30 by lessee, 662, n. 30 continues right of exclusive posses- sion, 661 and n. 29 contractor can not take advantage,

662 and n. 30 fail to perform, does not constitute, 650, n. 3

jumper excuses, performance of, 652,

n. 11 no assumption that relocation made

to avoid, 650, n. 2 not suspended by patent proceedings

nor adverse suit, 663, n. 31 one or more may make, 661 and n. 29 assessment work by contractor, 662 and n. 30 by co-owner, 661 and n. 29 failure to perform not, 650, n. 2 complete and final, 650, n. 3 conditions, implied, breach of, 665 and n. 33 term not necessary, 666, n. 34 construction of, should be fair, 656 and

n. 20 ; 658, n. 24 contract not to be construed to provide

a, 658, n. 24 contribution co-owner alone can give notice, 657 and n. 22 entire work must be done, 657, n. 22 failure to make, 661 and n. 29 forfeiting interest of co-owner, 657,

n. 22 ineffectual attempt at, 657, n. 22 law requires, 661 and n. 29 no right of accrues, 661, n. 29 notice not given to co-owner, 657, n.

preponderance of evidence suflScient, 658, n. 23 co-owners, assessment work by, 661 and n. 29 contribution, 657 and n. 22 defined, 661 and n. 29 interest subject to, 661 and n. 29 court must construe question of, 657, n. construction of mining regulation or custom, 658, n. 24 defined, 650 and n. 1, 2 ; 652, n. 11 distinction between, and abandonment,

650, n. 1 entry, no right to make forcible, 652 and n. 7 peaceable may be made, 652 and n. 8 evidence, affidavit of annual expendi- ture, prima facie, 655, n. 19 law requires clear and convincing,

to support, 658, n. 23 less necessary to establish waiver

than, 666 and n. 34 may overcome aflSdavit of annual ex- penditure, 655, n. 19 mining laws in, 657, n. 22 preponderance of, 658, n. 23 preponderance of, all that is re- quired, 658, n. 23 facts constituting, must exist, 657 and n. 21

Index

(References are to sections)

Forfeiture — Continued

failure to record affidavit of labor, 655

and \i. 19 to record location notice, 655 and

n. 18 Forfeiture of Lease, Notice of — Appen- dix B, Form 23 general rule of, 650 and n. 1 to 3 intervening right, absence of, 651 and

n. 4 ; 655, n. 18 jumper excuses performance of assess- ment work, 652, n. 11 jury, improper to submit mining laws

to, 657, n. 22 instruction to, 657, n. 22 lapse of years does not work, 651 and

n. 4 laying foundation for, 657 and n. 21 leasing act, provisions of mining law

control, 650, n. 3 lessee, fraudulent relocation by, 662, n.

local customs affecting record, 655 and

n. 18 local statutes affecting record, 655 and

n. 18, 19 location notice, failure to record, 655

and n. 18 locators, joint, are co-owners, 661 and

n. 29 made effectual by third party, 650 and

n. 1 mining laws to be construed by court,

657, n. 22 naked possession guarantees no rights,

660, n. 26 not favored, 656 and n. 20 no governmental, 652 and n. 11, 12, 13 notice of contribution not given to

proper party, 657, n. 22 Notice of Forfeiture — Personal Service

— Appendix B, Form 34 Notice of Forfeiture — Publication — Ap- pendix B, Form 33 occupancy by delinquent owner, 652

and n. 8 oil and gas leases, breach of implied

conditions, 665 and n. 33 lessor must give notice of, 664 and

n. 31 purpose of notice of, 664, n. 32 rule as to, 656, n. 20 ownership, termination of, 660, n. 26 patent proceedings, 663 and n. 31 do not suspend annual expenditure,

663 and n. 31 pleading, 660 and n. 26 to 28

admission of prior valid location, 660

and n. 27 allegation in complaint and answer,

660, n. 26 coarts divided upon 660 and n. 26 in adverse suits, 659, n. 25

issue of ownership, 660, n. 26 not necessary to plead forfeiture or abandonment, 660, n. 26 possession, naked, rights of valid loca- tion, 660, n. 26 proof, burden of, 659 and n. 25

burden of, upon party asserting, 659

and n. 25 law requires clear and convincing of,

389, n. 33 ; 658 and n. 23, 24 to establish, 658 and n. 23, 24 question of can not be raised by claim- ant of void location, 660, n. 28 reasonable doubt against assertion of,

658 and n. 24 record, failure to, affidavit of labor, 655 and n. 18, 19 of location, failure to, 655 and n. 18 relocation before resumption of labor, 650 and n. 1 by delinquent owner, 650 and n. 2, 3 by lessee, 662, n. 30 defective adverse, not bar, 652 and

n. 6 or right to resume work, 650 and n. 3 relocator. United States can not act as

a, 652, n. 8 requires intervention of third party,

476, n. 16 ; 652 and n. 12 resumption of labor, reserved lands, 652 and n. 8 within withdrawn areas, 650, n. 3 ; 652, n. 9 to 13 resumption of work avoids, 650, n. 3 ineffective, 654 and n. 16, 17 of work defined, 653 and n. 14, 15 or relocation, right to, 650 and n. 3 performance of, question of fact, 653

and n. 15 question of fact, 653 and n. 15 revival of rights, 651 and n. 5 Rohn V. Iron Chief Co., case not au- thority, 650, n. 2 royalty as purchase price, 666 and n.

statute strictly construed, 657 and n. 21 title, each party must prove, in adverse suits, 659, n. 25 lapse of years will not defeat, 651

and n. 4 not defeated, 651 and n. 4 revival of, 651 and n. 5 void location, can not be claime<l under, 660 and n. 28 United States can not act as a relo- cator, 652, n. 8 waiver of, 666 and n. 34 when location subject to, 478 and n. 20 withdrawal, effect of, 654 and n. 16 withdrawn areas, resumption of labor, 650, n. 3; 652 and n. 9 to 13; 654 and n. 16

Index

(References are to sections)

working clnira, implied obligation to, 666, n. 33 property restored to seller, 666, n.

Form of Lode Locations

S!ee Tvocators, Intralimital and Extra- lateral Rights

Forms (Appendix B)

55. Adverse Claim

1. Affidavit of Annual Expenditure

57. Affidavit of Charges and Fees

56. Affidavit of Citizenship

60. Affidavit of Expenditure on Placer

Claim 78. Affidavit of Loss of Register's Final

Certificate

62. Affidavit of Publication

58. Affidavit That No Known Vein Exists Within Placer Location

63. Agreement of Publisher

5. Agreement to Sell 51. Amended Notice of Lode Location

35. Answer — Adverse Suit

36. Answer — Known Lode Within Placer Claim

38. Answer — Negligence

37. Answer — Underground Trespass

64. Application for Patent

66. Application for Repayment 67a. Application for Repayment of Ex- cess or Unused Mining Survey Deposit 69. Appointment of Attorney in Fact 68. Application to District Cadastral Engineer for Survey of Mining Claim — Public Survey Office 4. Appointment of Statutory Agent 3. A,rticles of Incorporation 16. Assignment of Lease and Option

20. Assignment of Lease — Oil and Gas

72. Certificate that No Suit is Pending (State Court)

71. Certificate that No Suit is Pending (U. S. Dist. Court)

73. Clerk's Certificate of Final Judg- ment

39. Complaint — Adverse Suit

40. Complaint — Adverse Suit (Federal Court)

41. Complaint in Ejectment 43. Complaint— Quieting Title

42. Complaint — Underground Trespass

6. Compromise of Adverse Claim

21. Conjoint Deed and Lease

10. Contract with Independent Con- tractor 8. Contract with Mining Engineer

26. Conveyance and Consignment of Royalty Interest

31. Deed for Trustees for Corporation

27. Escrow Agreement

22. Extension of Lease

59. Final Affidavit of Posting

44. Findings of Fact and Conclusion j of Law

25. Gas Agreement 30. Grant Deed 7. Grub Stake Contract

45. Instructions to Juries

28. Instructions to Escrow Holder

17. Lease (Colorado Form)

18. Lease with Privilege of Purchase 67. Letter of Attorney

65. Mineral Entry 2. Nonmineral Affidavit

76. Notice of Filing of Adverse Claim 34. Notice of Forfeiture — Personal

Service 24. Notice of Forfeiture and Termina- tion

23. Notice of Forfeiture of Lease

33. Notice of Forfeiture — Publication 50. Notice of Lode Location

52. Notice of Mill-Site Location

12. Notice of Non-Liability for Labor or Materials Furnished

53. Notice of Placer Location

74. Notice of Posting of Application for Patent

54. Notice of Tunnel-Site Location 9. Oil Well Drilling Contract

19. Oil and Gas Lease 11. Option

13. Option and Lease 15. Option, Short Form

47. Order for Survey, etc. — Under- ground Trespass

46. Order to Show Cause and Restrain- ing Order

48. Petition for Survey, etc. — Under- ground Trespass

29. Pooling Agreement

61. Preliminary Affidavit of Posting

77. Protest

79. Publication Notice of Ore Buyer's Application

75. Published Notice of Application for Patent

14. Ratification by Stockholders 32. Ratification of Deed

70. Request for Transmission of No- tices and Communications to Attor- ney

15. Short Form of Option

49. Verdict — Adverse Suit

Gas

See Mineral and Mineral Lands Good Faith

See Discovery, Location Notices, Loca- tions, Mill Sites, Title

Group Claims

See Annual Expenditure, Locations

Index

(References are to sections)

Grubstake Contracts, 907

Gulch Claims, 204

Hawaii, 117

Hepburn Act See Public Domain

High Grade Bill See Appendix A, p. 659

Highgrading

See, also, Mining Terms and Phrases

acquittal or conviction no bar to civil suits, 668, n. 7

assay office as "fence," 671, n. 13

bona fide holder for value takes title, 669 and n. 11

California law, is a misdemeanor, 668, n. 6

California legislitive provision for seiz- ure of ore, 668, n. 8

common law defective, 667 and n. 2, 4

common law defects remedied by stat- ute, 667 and n. 3, 4

common law, not larceny under, 667 and n. 1

definition, COS and n. 7

difference between American and Eng- lish law, 668, n. 7

English law requires criminal proceed- ings before civil action, 668, n. 7

equity recognizes ownership in who was defrauded, 669 and n. 10

equity suit to restrain purchase only civil remedy in Nevada, 671, n. 13

fiduciary relationship not imperative, 669 and n. 9, 10, 11

injunction basis of, 671 and n. 13

Nevada law provides no right of recov- ery, 671, n. 13

not larceny under common law, 667 and n. 1

perpetrator constructive trustee, 668 and n. 8

perpetrator subjected to civil and crim- inal actions, 668 and n. 6, 7, 8

property reclaimed from voluntary assignee, a depositary or one hold- ing in bad faith, 689 and n. 10

quieting title to bars of bullion proof of ownership, 670, n. 12

quieting title suit maintainable in Cali- fornia, 670 and n. 12

traced through thief, 669 and n. 9

trust discussed, 069 and n. 9, 10

Homestead, 53

''Horseshoe" Claims, 674, n. 16

Incorporation, Articles of Appendix B, Form 3

Independent Contractor

See Annual Expenditure

Contract with. Appendix B, Form 10

Indian Lands See Public Domain

Indian Leases

See Public Domain

Instrumentalities of Mining See Mining Terms and Phrases

Insufficient Location See Locations

Intersecting Veins See Vein, Lode and Ledge

Intralimital and Extralateral Rights action for trespass, 686 and n. 56 angle of vein, 673, n. 2 apex burden to prove upon plaintiff, 676, n. 28

coextensive with side lines of blind vein, 674, n. 10

determines extralateral rights, 673, n. 2

discovery distinguished, 678 and n.

extent of right in adverse claimant, 680 and n. 35. 36, 37

governs location, 674, n. 15; 684, n.

in blanket vein, 574, n. 10

inquiry by land department, 684, n.

interrupted by end lines, 675 and n.

location distinguished, 678 and n. 30

locator must find and locate accord- ingly, 674, n. 15

no right to enter upon surface ad- versely held, 679, n. 32; 680 and n. 35, 36, 37

right and discovery, rules of con- struction, 678 and n. 30

right must be established beyond reasonable controversy, 678 and n.

rights of owner, 673, n. 4; 680 and n. 35, 36, 37; 681 and n. 40, 42, 43 ; 683, n. 45 ; 684, n. 48

rights under irregularly shaped loca- tion, 674, n. 9

senior locator prevails, 673, n. 4

veins within boundaries passes to locator, 673, n. 5

within conflicting locations, 673, n. 4

within two conflicting locations, 673, n. 5 ; 674 and n. 7, 8 assays from "fault" may establish want of continuity, 677, n. 29

Index

(References are to sections)

ABsninption of regularity of location,

683 and n. 47 blanket vein has no extralateral rights,

674 and n. 10, blind vein, apex coextensive with side

lines, 674 n. 10 within placer claim, 674 and n. 11 broad lode bisected by side lines of two

locations, 674 and n. 7, 8 ; 681 and

n. 42 burden of proof, 676, n. 28; 682 and

n. 44 defined, 682, n. 44 instance, 682, n. 44 plaintiff to show continuity, 676, n.

28; 678, n. 30 shifting of, 682, n. 44 characteristics of vein, 676 and n. 21

to 26 collection of terms describing different

veins, 673, n, 4 conflicting areas, 672, n. 1 ; 685 and n.

continuity of vein or lode, 681 and n.

43 ; 683 and n. 45, 46, 47 continuity and identity of vein, 676 and

n. 20 to 28 broken, 676, n. 20 burden upon plaintiff to establish,

676, n. 28 ; 678 and n. 30 conflicting lode claimants, 678 and n.

country rock may be intersected, 677

and n. 29 defined, 676 and n. 20 differs from discovery and valid loca- tion, 678 and n. 30, 31 docs not depend on mineral deposits,

676 and n. 28 discussed, 678 and n. 30, 31 elements defined, 676, n. 20 elements of highest significance, 676.

n. 20 essential to extralateral right, 681

and n. 43 extensive explorations may be neces- sary to establish, 677 and n. 29 forms of vein or lode, 676 and n. 21

to 24 hoped for by miner, 678 and n. 31 may be broken by country rock, 677

and n. 29 may be broken by "horse," 677 and

n. 29 may be shown withQut tracing, 677,

n. 29 must be continuous, 676, n. 20 not broken, 676 and n. 27 pursuit of vein, 676 and n. 20; 680

and n. 35 to 39 ; 681 and n. 41, 42,

rigid rule of construction, 678 and

Aeparn-'te and distinct veins, 677, n. 29 strike of vein or lode, 676 and n, 27 transverse veins do not destroy, 676

and n. 27 valid location and apex distinguished,

678 and n. 30 want of, established, 677, n. 29 want of established by assays, 677,

n. 29 cross veins, excavation and removal of

ore, 680 and n. 38, 89 right of way, 680 and n. 38 defined, 672 and n. 1 definitions of different veins, 673, n. 4 different terms applied to different

veins, 673, n. 4 different veins within same surface

boundaries, their value and rela- tion, 673, n. 4 ; 677, n. 29 dip right does not follow location upon

dip, 674 and n. 15 dip, union of veins on, 674, n. 6

exclusion of conflicting areas, 672, n.

1 ; 685 and n. 50 doctrine of United States Supreme

Court, 679, n. 34 effect of patent, 684 and n. 49

excerpts from opinions of courts, 684,

n. 48 exclusion of conflicting areas, 672, n.

1 ; 685 and n. 50 irregular boundaries, 684 and n. 50 matters examined and considered,

684 and n. 49 no presumption except as to surface,

684 and n. 48 no provision as to subterranean

rights, 684 and n. 48 end lines limit of rights to vein, 675

and n. 19 parallelism of end lines not required

under act of 1866, 675, n. 18 veins need not extend to, 673, n. 5 extralateral right, broadly includes all

veins, 673 and n. 4, 5 defined, 672 and n. 1 ; 673 and n. 2 to 5 depends upon identity and continuity

of vein or lode, 681 and n. 43 determined by position of apex upon

surface, 673, n. 2 discovery distinguished, 678 and n.

30, 31 does not depend upon priority of lo- cation, 674 and n. 6 exception to rule as to priority, 674

and n. 6 to 9 extends beyond vertical side lines,

673 and n. 5 extends through both side linies, 673

and n. 5 in opposite directions, 685a, n. 51 in prior patented nonmineral ground.

674, n. 13

Index

(References are to sections)

Intralimital and Extralateral Rights —

Continued extralateral right — continued

in vein penetrating prior patented

nonmineral land, 674 and n. 13 limited by irregularly shaped loca- tion, 679 and n. 34 limited by side lines crossing vein,

672, n. 1 locations made prior to act of 1872,

674 and n. 18 lost, 674 and n. 7, 8, 15 measurement, 675 and n. 19 not applicable, 672, n. 1 ; 674 and n.

not lost, 679 and n. 34 priority of location governs, 673, n.

4 ; 674 and n. 7, 8, 9 reason for rule denying, 674, n. 13 rule for withdrawal of extralateral

right from dip location, 674, n. 15 transverse veins do not destroy right,

676 and n. 20

subject to three limitations, 673 and

n. 2 to 5 union of veins, 674, n. 7 withdrawn, 674, n. 15 form of surface location, 674 and n. 16, 17 ; 679 and n. 33, 34 ; 685 and n. horse distinguished from actual walls

of country rock, 677 and n. 29 horseshoe location, 674 and n. 16, 18 identity of orebodies difficult to obtain,

677 and n. 29

intralimital rights conflict between,

672, n. 1 instance of, 672, n. 1

irregular locations, 674 and n. 14 to 17 junior locator, underground conflicts,

673, n. 4 ; 674, n. 9 limitations, 673 and n. 2 to 5 ; 674 and

n. 6 to 18 apex coextensive with side lines, 674,

n. 10 broad lode bisected by side lines, 674

and n. 8 extralateral right, not extended un- der previously patented land, 172

and n. 106 ; 674 and n. 13 extralateral rights subject to three,

673 and n. 2, 3 of apex owner, 673, n. 4; 678 and

n. 30. 81 ; 679, n. 32 ; 680 and n.

35, 36; 681 and n. 40, 42; 684

and n. 48 of extralateral right, 673 and n. 2,

3 ; 674 and n. 10 to 17 original and secondary veins, 675

and n. 19 owner of apex may not run tunnel

into an adjoining location, 680 and

n.86

priority of location gives priority of

title, 674 and n. 9 priority of location immaterial, 674

and n. 6 reason for rule, 674, n. 15 secondary veins, 675 and n. 19 location, determining fact, 679, n. 34 difference between and apex and,

678 and n. 30

side lines treated as end lines, 679

and n. 34 vein or lode within, 679 and n. 33 width or extent of vein immaterial,

679 and n. 33

wrongfully laid on strike of vein, 679 and n. 34 locator must find top or apex, 674, n.

not limited to veins within his loca- tion, 673, n. 5 lode location confers extralateral and intralimital rights, 672 and n. 1

improperly made as placer claim, 674 and n. 14

irregular shape, 674 and n. 9, 16, 17

open to, after vacation of nonmin- eral patent, 674, n. 13

rights are twofold, 672 and n. 1

shape of isosceles triangle, 674 and n. 17

upon dip, 674 and n. 15 lode locator has exclusive right of pos- session, 679 and n. 32; 680 and n. 35 nonmineral patent carries no extralat- eral right, 674, n. 13

issued prior to lode location, 674 and n. 13 orebodies, identity of, 677 and n. 20 ; 683, n. 45

overcoming presumption of owner- ship, 683 and n. 46 original and secondary veins, rule as

to, 675 and n. 19 owner has no right to veins or lodrs apexing outside of his claim, 680 and n. 35

has right of possession of surface, 673, n. 4; 680 and n. 35

has right to all veins apexing within location, 673, n. 4

has right to everything within daim, 673, n. 4 ; 680 and n. 35

having apex may invade adjoining territory,' 680 and n. 35 ; 683, n.

intruded upon may show lack of right in invader, 681 and n. 42, 43 owner of apex has no right of explor- ing adjacent territory, 680 and n. 86, 87

may justify invasion, 681 and n. 42

Index

(References are to sections)

prima facie trespasser, 681 and n. 40 owner's rights in apex, 673, n. 4 ; 680

and n. 35, 37 ; 681 and n. 40, 42 ;

683 and n. 45 ownership of veins, 681, n. 41 ; 683,

n. 45 ownership presumption, 681, n. 41 patent, absence of adverse claim, 684

and n. 48 does not determine subterranean

rights, 684 and n. 49 effect of, 681, n. 44 ; 683, n. 44 ; 684

and n. 48, 49 ; 685 and n. 50 excerpts from court opinions, 584,

n. 49 pleading, action for trespass, 686 and

n. 56 form of, and injunction, 685, n. 51 should allege facts specifically, 686

and n. 56 suit to quiet title and injunctional

proceedings, 686, n. 51 presumption of ownership, 681, n. 41 presumptions, 683 and n. 45, 46, 47 ;

684, n. 48 absence of adverse claim, 684 and

n. 48 absence of evidence, 683 and n. 47 courts, as to location, 683 and n. 47 jurisdiction of land department, 684,

n. 84 land office ruling, 684, n. 48 matter of defense, 683, n. 46 mining experts, 684, n. 48 not overturned, 683, n. 45 of surface location, 683 and n. 47 ownership of apex controlling fact,

684, n. 48 ownership of orebodies, 683 and n.

45 ; 684 and n. 48 overcome, 683 and n. 45 patent carries no, 684 and n. 48 preponderance of evidence, 683 and

n. 46 prevail, 684, n. 48 quieting title to vein, 684, n. 48 suit to quiet title, 684, n. 48 priority of location governs rights, 674

and n. 6 to 9 immaterial, 674 and n. 6 pursuit of vein less than forty-five

degrees, 672, n. 1 quieting title, 684 and n. 48 ; 686, n. 56 right of way, defined, 680 and n. 39 through space of intersection, 680

and n. 38 rights conferred by, 672 and n. 1; 673