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In the course of professional business relating to American Mines, in which I have been engaged both in England and America, the want of a compact and handy book of reference on the subject of the Mining Law, has frequently occurred to me. In the belief that others, besides myself, may have felt this want, I have endeavoured to supply it, and this little Book is the result.
That its imperfections are many, I have no doubt; for, besides faults of which I am not conscious, want of space has compelled me to omit matters which I should otherwise have gladly inserted. Among such I may mention the Instructions issued by the American Land Office upon the passage of any law relating to the Public Lands.
As however, these, though essential to the American, are comparatively useless to the English practitioner, it seemed to me better, instead of giving them at full length, to set out only such extracts as bear directly on the construction of the Statutes.
Finally, I will add, that, having myself had experience of many cases in which English Companies have been led into
prolonged and disastrous lawsuits affecting the titles to their mines, I shall be satisfied if, by the publication of these pages, I shall have contributed to the better understanding of the Laws of the United States relating to titles to mines in that country.
I am much indebted to my friend Mr. A. A. Clive, of the English Bar, for his valuable assistance.
2, ELM COURT, TEMPLE,
September 2, 1877.
GENERAL LAND OFFICE of the United States and its Instructions-Its
Decisions conclusive, unless fraudulent-U. S. Patent - Extent of
Length of Mining Claims on Lodes or Veins-Discovery of the Lode
a condition precedent to location-Appropriation of Lode—Its Dis-
tribution among Co-owners-Boundaries of Claim-Mining Customs or
WATER RIGHTS—Vested Rights to use of, for Mining Purposes-Rights of
Way for Canals Doctrine of prior Appropriation of Water—Common