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Claims, etc.), so as to present them in an orderly manner, and at the same time render the book convenient in refer

ence.

As regards Forms of proof, it may be stated that they generally prove of great benefit, not only in the saving of time to the person preparing the papers, but to the land office in the examination of the same. Nevertheless it is well to suggest the caution that the prepared forms are not proper in all cases. Particularly is this true of the blank used for application for patent. This paper should always be prepared with great care.

Persons desirous of obtaining information regarding Mexican mining laws, from which many of the local laws and customs in the mining districts in the United States have grown, are referred to “Halleck's Collection of Mining Laws of Spain and Mexico,” printed in 1859 by O'Meara & Painter, 132 Clay street, San Francisco.

The compiler of these decisions acknowledges himself under obligation to Messrs. W. C. Hill and E. C. Ford, attorneys at law; C. A. Boynton, of the General Land Office, and R. S. Morrison, of the Colorado Bar, for valuable assistance and suggestions. Mr. Morrison's “Mining Digest” is a very valuable production; and to the mining lawyer who practices before the courts it is especially recommended.

WASHINGTON, D, C., December, 1880.

TABLE OF CONTENTS.

PAGE

1-35

of Surveyor-general-Second survey of same mining claim-When

survey represents mere surface conflict-Claimant entitled to a sur-

vey of his location-Until introduced as evidence, survey not sub-

ject to objection--Survey to show conflict with all prior surveys-

Surveyor-general to be satisfied that five hundred dollars' worth of

improvements have been made-Effect of survey as an appropriation

CHAPTER V.

ADVERSE CLAIMS.

Act of 1866–Adverse claim to be filed during period of publication-

Application for patent need not be sworn to—Applicant and adverse

claimant bound by published notice--- Location notices not held to

strict accuracy-Action upon judgment roll-Register to publish

notice-Survey to substantially follow application-Interested par-

ties may call attention to record-Office of protest-Basis of patent-

What patent conveys-No suspension of proceeding on second suit,

commenced after thirty days from notice-Adverse claim by party

without interest-Adverse claim where same vein or lode is not

claimed--Act of 1872—Survey of adverse claim--Settlement of con-

troversy, as to possession, in court-Abandonment of claim alleged

after publication of notice but before payment and entry-Survey

by a Deputy Mineral Surveyor-Adverse claim when supported by

affidavit only-Effect of confession of judgment, etc.—What may

form basis of adverse claim-Amendment of adverse claim--Ad-

verse claim, by stipulation, filed after expiration of publication of

notice-Effect of judgment rendered on a suit commenced thirteen

months after publication of notice- Withdrawal and refiling of ad-

verse claim--Proof of publication-Incorporated company-

y-Calcu-

lation of period of publication-Failure to file plat of adverse claim

when obstructed by applicant-Filing of adverse claim with the

register-Adverse claim to be sworn to-Agent to show authority-

Adverse claimant to show good faith--Applicant for patent to show

that suit has not been commenced-Irregular publication-Public

highway not an adverse claim-Intersection of lodes-Amicable ad-

justment-Prosecution of suit with diligence-Colorado-Com-

mencement of suit-Question that can arise in General Land Office

after commencement of suit-Question of jurisdiction-Adverse

claim filed on Sunday-Town-site an adverse claim-Right of claim-

ant after judgment of court-Mechanics' or laborers' lien-Foreign

corporation-Republication...

.139-314

CHAPTER VI.

PROTEST.

Separate and distinct protests against each application for patent-Ad-

verse claim treated as protest when not filed in time--No right of
appeal-—"Miners' Relief and Territorial Poor Fund”-Adverse claim

.371-396

CHAPTER X.

COAL LANDS.

Laws relate to every variety of coal--Private entry—But one declara-

tory statement-Coal is a mineral-Incorporated company-Form of

declarative statement-Personal qualifications-How determined-

Non-contiguous land-Within limits of grant to Union Pacific Rail-

road Company-School sections containing coal-Public offering of

coal land...

..397-406

CHAPTER XI.

STATE LAND GRANTS.

Power of Congress to alter or repeal grant-When title vests—Meaning

of " settlement ” in seventh section of Act of March 3, 1853–Sec-

tions 16 and 36, in California, when mineral in character-Same in

Colorado-Salt springs-Lieu lands-University of California . . .407-439

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