Local statutes-Continued. Flooding claims, pp. 281-2, § 211. Right of way for hauling quartz, p. 282, § 212. District records, evidence, p. 282, § 214. Locations to conform to acts of Congress, p. 283, § 215. Lode claims statute of 1874, pp. 283-8, § 218-33. homicide on forcible entry, pp. 290-1, § 236. Drainage of contiguous mines by contribution, pp. 291-4, Placer mining statute of March 12, 1879, pp. 294-6, §§ 246-7. Location, of lode claims, follows discovery, pp. 14, 44, § 2320 must be distinctly marked, pp. 16, 44, § 2324 R. S., § 25. by alien, cured by subsequent naturalization, p. 38, § 20. right of, secured by discovery, p. 43, § 24. under law of 1866, p. 44, § 25. defective, cured by possession, p. 45, § 25. date of, in record, p. 51, § 28. old and new-annual labor on, pp. 52-5, 109, §§ 29, 76. of side-veins, at same time as main vein, p. 68, § 39. of placer, pp. 71-2, § 44. distinguished from "claim," p. 96, § 65 (N. 6). under act of May 10, 1872-views of land department, pp. 110-14, § 78. laws in force at date of, govern, p. 149, § 90. rights acquired by, and requisites of, pp. 150-1, § 91. prior to acts of Congress, pp. 196-8, § 143. work to complete, p. 198, § 143. prescribed by local law. may be by agent, id. (See LOCAL STATUTES.) in Arizona, of lode claims, p. 243, § 161. of placer claims, pp. 248-9, § 177. in Colorado, of lode claims, pp. 283, 284-5, § 215, 222, 224. Location-Continued. what included in, pp. 285-6, §§ 226-7. in Dakota, manner of making, p. 317, § 272. in Idaho, and notice of claims, p. 323, § 288. in New Mexico, of lode claims, pp. 352-3, § 309. in Utah, p. 357, § 326. in Wyoming, p. 361, §§ 335 6. on distinct parts of same lode, p. 362, § 344. Location certificate, aids insufficient description in deed, p. 35, § 17. record of-contents, pp. 48, 52, §§ 27-8. additional may be filed, p. 287, § 230. to cover but one location, p. 321, § 284. Locators, their rights of possession and enjoyment, pp. 14-15, subsequent, affected by notice, in absence of record, p. 49, names of, should appear in record of location, pp. 50-1, § 28. synonymous with "lead," p. 32, § 14. in placer claim, how patented, pp. 21, 125-6, § 2333 R. S., § 82. Lode claims. Ch. iii, pp. 30-66, §§ 14-38. DEFINITION OF LODE, pp. 30-32, § 14. geological definition, p. 31, § 14. chamber deposits, id. popular and legal definition, id. synonymous with "lead," p. 32. POSSESSION OF, p. 33, § 15. congressional recognition of rights of, id. proof of prior, gives prima facie right, id. right of, only in favor of qualified persons, id. (N. 2.) Lode claims-Continued. POSSESSION PRIOR TO LOCATION, pp. 33-4, § 16. prior to discovery, right of lost by negligence or acquies- WHAT CONSTITUTES POSSESSION, pp. 34-5, § 17. actual, or possessio pedis, p. 34, id. how governed by physical boundaries, id. constructive, color of title, p. 35, id. deed under void judgment does not give, id. must be for mining purposes, id. CHARACTER OF POSSESSORY RIGHT, p. 36, § 18. raises inference of title, id. is property, subject to exemption, transfer and descent, id. PLEADING POSSESSORY RIGHT, p. 37, § 19. what necessary to aver-possession, description, id. joint location by alien and citizens, pp. 38-9, id. alien locators no rights against citizens, p. 39, id. who are and may become citizens by naturalization, pp. DISCOVERY, p. 41, § 21. prerequisite to right of location, id. subsequent to location, relates back, id. qualifications same as for location, p. 42, § 21. WHAT MUST BE DISCOVERED, p. 42, § 22. mineral in place in vein or lode, id. definition of term "in place"-Walls, id. MANNER OF DISCOVERY, p. 43, § 23. RIGHTS SECURED BY DISCOVERY, p. 43, § 24. right to locate, extent of claims, etc., id. cannot be deprived by forcible prevention from compliance with law, pp. 43-4, § 24. LOCATION, p. 44, § 25. follows discovery-must be distinctly marked, p. 44, § 25. Lode claims-Continued. SURVEY-LENGTH-WIDTH-Form, pp. 46-8, § 26. measuring off for location, p. 46, § 26. length prior to act of 1872, id. length under present law, p. 46-7, id. width, maximum and minimum, p. 47, id. form-to follow vein-center of horizontal veins, etc., pp. 47-8, id. PROVISIONS AS TO RECORDING AND HEREIN OF NOTICE TO record not required by federal law, p. 48, id. recording required by local law, p. 48, id. record as notice to subsequent purchasers, p. 49, id. failure only taken advantage of by purchaser for value and corrections do not vitiate-filing sufficient, pp. 49-50, id. date of location, p. 51, id. description to identify, id. parol proof may aid reference to monuments, pp. 51-2, § 28. on old locations and new-formerly governed by district should apply directly to the claim, p. 53, id. may be performed by tunnel, id. commencement of the year, id. distinguished from location work, id. amendment of 1880-retrospective or prospective, pp. 53-4, id. value of, not to be arbitrarily fixed, pp. 54-5, id. FORFEITURE, pp. 55-7, § 30. distinguished from forfeitures for breach of contract, pp. relocation may follow, p. 56, id. odious in law-statute strictly construed, p. 56, § 30. right subsists until relocation, id. distinction between, and abandonment, pp. 56-7, § 30. must be specially pleaded, p. 57, id. Lode Claims-Continued. RELOCATION OF ENTIRE CLAIM FORFEITED, p. 57-8, § 31. must be prior to resumption of work by locator, p. 58, id. abandonment under district rules, p. 58, id. ABANDONMENT, pp. 59-60, § 33. distinction between, and forfeiture, id. SURFACE RIGHTS ACQUIRED BY LOCATION, pp. 61-2, § 34. strictly confined to boundary lines, p. 62, id. RIGHT TO SIDE VEINS, pp. 62-3, § 35. difference between old new and new law, id. RIGHT TO DIP-APEX., pp. 63-5, § 36. apex, defined-how dip may be followed, id. uniting on downward course, §§. RIGHT TO CROSS VEINS, pp. 65-6, § 38. only to intersection of vein, p. 66, id. length and width of-discovery-end lines-pp. 14, 150, § 2320 rights to secured by location-dip--apex, pp. 14-15, § 2322 R. S. description of, on surveyed lands, pp. 19-20, 150, § 2327 R. S., 91. on unsurveyed lands, pp. 20, 150, § 2327 R. S., preceedings to obtain patent for, pp. 117-21, § 80. survey of, for patent, size, etc., p. 169, § 112. local laws governing. (See LOCAL STATUTES.) POSSESSORY RIGHTS, pp. 73-4, § 47. boundaries, improvements, etc., p. 74, id. |