A TREATISE

ON THE

AMERICAN LAW RELATING TO MINES
AND MINERAL LANDS

WITHIN THE

PUBLIC LAND STATES AND TERRITORIES

AND

GOVERNING THE ACQUISITION AND ENJOYMENT
OF MINING RIGHTS IN LANDS OF
THE PUBLIC DOMAIN

BY

CURTIS H. LINDLEY

Of the San Francisco Bar

THIRD EDITION

IN THREE VOLUMES

VOLUME II

"I hold every man a debtor to his profession; from the
which, as men of course do seek to receive countenance and
profit, so ought they of duty to endeavor themselves, by way
of amends, to be a help and ornament thereto."

Bacon's Tracts.

"Et opus desperatum, quasi per medium profundum

euntes, cœlesti favore jam adimplevimus."

-From Dedication of Justinian's Institutes.

SAN FRANCISCO
BANCROFT-WHITNEY COMPANY

1914

main, libe

Copyright, 1897,

BY

CURTIS H. LINDLEY

Copyright, 1903,

BY

CURTIS H. LINDLEY

Copyright, 1914,

BY

CURTIS H. LINDLEY

THE FILMER BROTHERS ELECTROTYPE COMPANY
TYPOGRAPHERS AND STEREOTYPERS

SAN FRANCISCO

ARTICLE I.

CHAPTER II.

LODE CLAIMS, OR DEPOSITS "IN PLACE.”

INTRODUCTORY.

II. THE LOCATION AND ITS REQUIREMENTS.

III. THE DISCOVERY.

IV. THE DISCOVERY SHAFT AND ITS EQUIVALENT.

V. THE PRELIMINARY NOTICE AND ITS POSTING.

VI. THE SURFACE COVERED BY THE LOCATION-ITS FORM AND

RELATIONSHIP TO THE LOCATED LODE.

VII. THE MARKING OF THE LOCATION ON THE SURFACE.

VIII. THE LOCATION CERTIFICATE AND ITS CONTENTS.

IX. THE RECORD.

X. CHANGE OF BOUNDARIES AND AMENDED OR ADDITIONAL LOCA-

TION CERTIFICATES.

XI.

RELOCATION OF FORFEITED OR ABANDONED CLAIMS.

XII. LODES WITHIN PLACERS.

ARTICLE I. INTRODUCTORY.

322. Introductory.

323. The metallic or nonmetal-

lic character of deposits

occurring in veins as affecting the
right of appropriation under the
laws applicable to lodes.

§ 322. Introductory.-In the preceding chapters of
this work, it has been demonstrated that only the
public mineral lands of the United States may be ap-
propriated under the mining laws. While it is true
that the words "public lands" are not always used in
the same sense and their true meaning and effect are
to be determined by the context in which they are
used, yet, generally speaking, by "public lands" is
meant such as are subject to sale or disposal under

1 Ante, § 112.

• United States v. Blendauer, 128 Fed. 910, 913, 63 C. C. A. 636;
United States v. Denver & Rio Grande Ry. Co., 190 Fed. 825, 847.

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