LICENSE- continued.

ejectment for, 68.

fixtures and machinery under, 71.
forfeiture of, 148.

implied, from government, 195-198, 639.
incorporeal right called, 54, 55, 58-62, 80.
liability for rent under, 71.

may be created by writing, 67, 70, 72.
not exclusive, 70.

notice to quit under, 68-71.
revocation of, 67-74, 80, 81.

to take oil or gas, 78-83.

by tenant in common, 19, 20, 30, 69, 74.
terminated by abandonment, 74, 171, 172, 177.
by conveyance, 68-72.

unassignable, 68, 69, 73, 74, 136.

vests no title in minerals until severed, 67-72.
when irrevocable, 68-74, 80, 81.

LICENSEE. See LICENSE.

LICENSOR. See LICENSE.

compelled to drain in Missouri, 632.

LIEN,

creditor may enjoin mining, when, 17, 18.
holder need not file adverse claim, 382, 402.
of mortgage of leasehold, 141, 142.
of wages, 771-780.

LIFE ESTATE. See TENANT FOR LIFE.

LIMESTONE, lii-lvi.

LIMITATIONS. See STATUTE OF LIMITATIONS.

LINE OF TUNNEL. See TUNNEL CLAIM.

LINES OF LODE CLAIMS, 440, 441, 443-445, 448, 453-464, 467, 468,

470, 471.

change of, 228, 229, 232, 253, 353.

readjustment of, in survey, 355, 357.

LIQUIDATED DAMAGES, 149, 157.

LIVES OF MINERS,

protection of.

See HEALTH AND SAFETY OF MINERS.

See APPROPRIATION; LOCATOR; RELOCATION.

LOCATION, 196, 227-254.

abandoned claims open to, 295, 297, 299.

by agent, 208-213, 339, 340, 344.

by alien, 202, 208.

by corporation, 210.

by partner, 208-213, 339, 345.

certificate.

See RECORD OF LOCATION CERTIFICATE.

forfeited claims open to, 301–304.

is a grant by the government, 428.

marking on ground, 227-234.

notice of. See NOTICE.

of ditch, 662.

LOCATION -- continued.

of placer claims, 477, 479.
of tunnel claims, 496, 503.

on lands in possession of another, 689, 699.
threats excuse timely performance of, 225.

time within which must follow discovery, 219, 222–226.
title by. See POSSESSORY TITLE.

what is open to, 196-202, 306, 308–310, 312, 314, 316.
LOCATOR,

citizenship of, 202–208.

qualifications of, 202-213.

LODE.

See APEX RULE; DIP.

and vein distinguished, 488.

discovered in tunnels. See TUNNEL CLAIMS.

what is a, xcix, ciii, 437, 438, 445–453, 456, 459, 460, 465-469, 488.
LODE CLAIMS, 437-476.

annual work on, 265, 274.

application for patent may include several, 358–360.

intersection of, 357.

located prior to 1872, 256, 257, 261, 262.

mill sites appurtenant to. See MILL SITES.

patent may include several, 259.

shape of, 440, 443, 444, 453, 454, 455, 457, 463, 470.

size, length and width of, 255–259, 444.

LODES IN PLACERS, 259, 382, 398, 406, 413, 482–494.

MACHINERY,

licensee's right to, 71.

mine owner's right to use, 577, 578, 583.

when fixtures, 128-130.

MANGANESE, lxxxviii.

MANUFACTURE,

mine owner may not use surface to, 577, 579, 580, 583.

MAP OF MINE, 781.

MARKING LOCATION ON GROUND, 227-234. See LINES.

certainty in, 258.

essential to validity, 228, 231.

of placer claim, 477, 479.

rules and regulations as to, 282, 290.

time of, 223.

what will excuse, 228-230, 337.

MEASURE OF DAMAGES,

for breach of covenant to operate for oil, 110–112.

for mines taken by right of eminent domain, 187–193.

for wrongful deposit of refuse, 608, 611.

in account, 19, 26, 27.

in trespass, 137, 183. 631-635, 691-704.

in trover, 138, 691, 692, 695, 696, 701.

MERCHANTABILITY. See UNMERCHANTABILITY.

MERCHANTABLE,

defined, 94.

MICA, lxxxiv.

location of, 200.

MICHIGAN MINERAL LANDS,

location of, 541.

MILITARY RESERVATIONS, 547.

MILL SITE, 503-510.

appurtenant to lode claim, 504-506, 510.

expenditure on, 349, 352, 505, 507.

independent of mine, 505–510.

intersecting lode claim, 441, 471, 472.

posting of notice of application and plat on, 366.

covenants to work, 105-114.

covenants as to manner of working and condition of, 113-114.
defined, 12.

lessee's duty to work, 100-105.

MINE BOSS, 784-786, 789-793.

MINE OWNERS,

rights of. See RIGHTS OF MINE OWNERS.

MINERAL. See CHARACTER OF LAND.

deposits open to location, 215, 218–220, 222.

in agricultural lands, 540-545.

in Indian reservations, 545-547.
in military reservations, 547.
in railroad grants, 532-540.
in school lands, 525–532.
in town sites, 511-525.

defined, lxxvi, 133.

description of in lease of, 130–135.

effect on lease of non-existence, exhaustion or unmerchantability of,

88-100, 177.

in the bed of streams, 179–183.

in land taken in eminent domain, 186-193.

in place, conveyance of, separate from surface, 81–87.

is land, 3, 4, 6, 35–50.

defined, 4.

incorporeal right does not pass property in, 53–64.
license does not pass property in, 67, 69, 70, 72.
separation of estate in, 35-50, 115-117.

may be separated in ownership from surface, 3.

on public lands, 194 seq.

property of sovereign in, 178-193, 194–196.

property in, when severed from mining claim, 319.

is real estate, 35-50, 84-87.

rights which pass with, 576-636.

severance from surface estate, 3, 35–50, 84–87, 115–117.

taxation of, 44, 45, 49, 115–117.

termination of, by abandonment. See ABANDONMENT OF LEASE.

by exhaustion of minerals, 90, 100, 145.

by forfeiture. See FORFEITURE of Lease.

MINERAL LAND SYSTEM OF THE UNITED STATES, 194 seq.
MINERAL LANDS,

what are, so as to be open to location, 197-202.

within exception from agricultural grant, 540–544.

railroad grant, 535–539.

school grant, 526–531.

town-site grant, 512-525.

when coal lands are, 527, 528, 531, 532, 542–544, 554–556.

when salt lands are, 537, 566.

when stone lands are, 532, 545.

MINERAL SPRINGS,

location of, 200, 266.

MINERS, 766–793.

health and safety of, 780–793.

meetings of, 280, 281, 286, 288.

rules and regulations of. See RULES AND REGULATIONS OF MINERS.
wages of, 766-780.

lien and preference of, 771-780.

manner of payment of, 766-770.

MINIMUM RENTAL. See RENT.

MINING. See COVENANTS; HYDRAULIC MINING; SURFACE RIGHTS;
TRESPASS; WASTE; WORKING RIGHTS.

MINING CLAIM, 437 seq. See LOCATION; LODE CLAIM; PATENT;
PLACER CLAIM; POSSESSION OF MINING CLAIM; RELOCATION.
abandonment of. See ABANDONMENT OF MINING CLAIM.

adverse possession of, 569-572.

appurtenances of, 340, 341, 343, 344.

conveyance of, 211, 295–299, 323, 338-346.

defined, 330.

extent and size of, 255-262.

forfeiture of. See FORFEITURE OF MINING CLAIM.

MINING DISTRICT. See RULES AND REGULATIONS OF MINERS.
MINING LEASE. See LEASE; OIL AND GAS LEASE.

MINING PARTNERSHIP, 339, 345, 750-765. See ACCOUNT; Partner.
MINING POLICE, 783.

MINING RIGHTS.

See INCORPOREAL RIGHTS; RIGHTS OF MINE OWNERS.

location of, 541.

MISTAKE,

as to existence, amount, or value of minerals in land, 88, 90, 93, 97, 126,
177.

avoidance of patent for, 431, 433, 434, 486

in coal-land entry, 558.

in location certificate, 251-253.

in patent, 371-374.

in proceedings to obtain patent, 365, 366, 431, 438

in survey, 353, 354, 356.

of Land Department, 416, 420.

MORTGAGE,

effect of, on right to mine, 17, 18.

of leasehold, 141, 142.

NATURAL GAS, lxxv. See OIL AND GAS.

right of mine owner to, 131, 135.

NATURAL OBJECT IN DESCRIPTION OF MINING CLAIM, 243-

249.

NATURALIZATION,

effect of, 202–208, 399.

NEGLIGENCE,

destruction of spring by, 672, 674.

in causing subsidence of surface, 675, 679, 681, 682, 684-686.

in construction or operation of ditches, 666, 667.