other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, or any other valuable deposit in place, upon said claim or any part thereof; that he has no interest whatever in the said placer claim. A. M. DA SILVA, WM. DOIDGE.

Subscribed and sworn to before me this 19th day of March, 1897; and I hereby certify that the foregoing affidavit was read to the above-named A. M. da Silva and Wm. Doidge previous to their names being subscribed thereto, and that deponents are reputable persons, to whom full faith and credit. should be given. F. E. HALL,

Justice of the Peace in and for No. 3 township, Mariposa

county, California.

NOTE.-An affidavit of similar import, made by claimant, is also filed.

SAME-SURVEYED LANDS.

Where the placer claim is located by government subdivisions, no survey is necessary (§ 672). A descriptive report by a deputy mineral surveyor may be obtained (§ 701), but is not required. Proof of the mineral character of the land must be supplied by affidavits (§ 702).

As the surveyor-general has no office to perform in this class of cases, proof of the five hundred dollars' expenditure for patent purposes must be supplied by claimant. For nature and character of such proofs, consult 701.

INDEX.

Abandonment.

by senior of area conflicting with junior locator will not inure to benefit of latter, § 363.

abandoned conflict area can only be appropriated by junior locator by amended location, § 363.

of portion of claim for purpose of paralleling end lines does not affect remainder, § 365.

amended certificate of location not necessarily abandonment of first, § 398.

may title to mining claim be lost by? § 642.

distinction between forfeiture and, § 643.

a question of intention, § 643.

operates instanter, § 643.

may occur at any time, § 643.
evidence establishing, § 644.
evidence negativing, § 644.

a question for the jury, § 644.

need not be specially pleaded, § 643.

may be proved under general issue, § 643.

burden of establishing rests upon party asserting, § 643.

failure of one co-owner to contribute proportion of assessment work not evidence of, § 644.

Abstract of Title.

to be furnished in patent proceedings, § 687.

regulations of land department concerning, p. 1192-1193, par. 32.

Access.

right of surface owner to strata underlying granted stratum, § 827. reciprocal rights of owners of different strata, § 827. See INSPECTION AND SURVEY.

Account.

between tenants in common of a mine, § 790.
between mining partners on dissolution, § 803.

Actions.

Ejectment.

Injunction.

mining claims are subjects of, §§ 535, 538, 773.
may be maintained on certificate of purchase, § 773.

will not issue, restraining land department from discharging its

duties, § 438.

when lies at suit of one cotenant against another, § 790.

to prevent pollution of water, § 842.

deposit of tailings, § 842.

injuries from hydraulic mining, §§ 848-853.

as an auxiliary remedy in actions of trespass, §§ 872.

Actions-Continued.

Partition of Mining Property.

mining claims are subject of, §§ 535, 792.

usually require sale, § 792.

owner of incorporeal hereditament cannot maintain, § 792.

Possessory.

for mining claims not affected by fact that fee is in the United

States, § 773.

pleadings in ordinary, §§ 233, 754.

Trespass.

pleadings in, §§ 233, 754.

scope of, in mining states, § 865.

within what time action must be brought in case of underground,

§ 867.

burden of proof in cases of underground, § 866.

presumptions in favor of surface proprietor, § 866.

measure of damages, § 868.

apex proprietor, § 866.

Actions upon Adverse Claims.

provisions of the federal law concerning, Revised Statutes, § 2326,
p. 1172.

no presumptions of fact indulged in, § 227.

pendency of, does not excuse performance of annual labor, § 632.
tribunals having jurisdiction, §§ 746–750.

federal courts, §§ 747-749.

jurisdiction, to what referable, § 749.
questions involved are federal, § 748.
removal from state courts to, § 750.
pleadings in, § 754.

state courts, § 750.

jurisdiction, to what referable, § 750.
removal from, to federal court, § 750.
pleadings in, §§ 754, 755.

character of the action at law or in equity, § 754.
how considered in federal courts, § 754.

California, § 754.

Idaho, § 754.

Montana, § 754.

Nevada, § 754.

South Dakota, § 754.
Wyoming, 754.

time within which, must be commenced, § 756.

appeal from order of register declining to receive adverse claim
does not excuse commencement, § 737.

when deemed commenced, § 757.

parties to, § 758.

functions of land department pending, § 759.

must be prosecuted with due diligence, § 759.

question of diligence to be determined by the courts, § 759.

the judgment, its form, § 763.

when becomes available in the land office, § 764.

effect of, § 765.