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INDEX.

References are to Sections.

A.

ABANDONMENT,

of mining rights, 419.

under French and Spanish laws, 420.

intent material, 421.

animus revertendi, as effecting, 422

evidence of, 423.

by partners and cotenants, 424.

by lessee and licensee, 425.
tailings and water right, 426.

how to plead, 427.

effect of, 428.

ACCOUNTING,

between co-owners, 603.
between partners, 604.
against trustee, 605.

between lessor and lessee, 606.

against assignee of lessee, 607.

licensor against licensee, 608.

incident to injunction, 609.

incident to partition, 609.

recovery in, 610.

restricted to limitation period, 611.

laches and estoppel may prevent, 612.

ACTIONS,

for personal injuries, 445.

between lessor and lessee, 466.

for injunction, 479.

for waste, 499.

of covenant, 513.

of ejectment, 525.

forcible entry and detainer, 538.

of trespass, 549.

References are to Sections.

ACTIONS- Continued.

replevin, 563.

to enforce miner's liens, 574.

of partition, 589.

accounting, 603.

of specific performance, 613.

for receivers, 627.

to quiet title, 638.

rescission, 650.

ADJOINING OWNER. See INJUNCTION, LESSOR AND LESSEE, and TRES-

PASS, and WATER.

ADVERSE POSSESSION,

mining rights by limitation, 429.

what possession adverse, 430.

acts amounting to, 431.

acts not amounting to, 432.

with or without color of title, 433.

non-user alone, not, 434.

when stealthy or wrongful, 435.
when of surface not adverse, 436.

of approach to mineral, 437.

as to running water, 438.

of claims on U. S. land, 439.

same-jurisdiction in cases of, 440.
conflicts not adverse claims, 441.

when and where claim must be filed, 442.
as between lode and placer claimant, 443.

of overlapping claims, 444.

appeals concerning - land officers' duties, 444a.

AGENCY,

principles of, 283.

who may become, 284.

how created, 285.

when declarations of, competent, 286.

liability of principal, 287.

for torts of agent, 288.

for negligent acts of, 289.

fiduciary relation, 290.

secret profits, 291.

sale by, may be avoided, 292.

authority of, cannot be delegated, 293.

revocation of, 294.

of corporations, 295.

References are to Sections.

AGENCY- Continued.

by members of company, 296.

of superintendent, 297.

by directors of company, 298.

limitation upon, 299.

who exceed authority, 300.

in judicial proceeding, 301.

APPLIANCE. See EMPLOYER AND EMPLOYEE, NEGLIGENCE, and

PERSONAL INJURIES.

ASSIGNMENT. See CONTRACT, LEASE, LIEN, and OIL AND GAS.

B.

BARRIERS. See INJUNCTION, LEASE, TRESPASS, and WASTE.

BILLS AND NOTES. See CORPORATIONS, COST-BOOK COMPANIES,
JOINT-STOCK COMPANIES, and PARTNERSHIPS.

BORROWING. See CORPORATIONS and other companies.

BUILDINGS. See EASEMENTS, LEASE, INJUNCTION, REPLEVIN, and
WASTE.

C.

CALLS. See COST-BOOK COMPANIES.

CLAIMS AND CONTESTS. See ADVERSE POSSESSION.

regulated by statute on U. S. land, 439.
jurisdiction in cases of, 440.

all conflicts not, 441.

where claim must be filed, 442.

between lode and placer claimant, 443.

concerning overlapping claims, 444.

[blocks in formation]

CLAIMS ON PUBLIC LAND. See U. S. GOVERNMENT LAND, and

CLAIMS AND CONTESTS.

CLOUD ON TITLE. See QUIETING TITLE.

COLLIERY. See MINES.

CONTAINING CHAMBER. See MINES.

CONTRACTS,

to prospect, 260.

to lease, 261.

to purchase, 262.

to work mines, 263.

sale of ore, 264.

time of the essence, 267.

of partnerships, 268.

References are to Sections.

CONTRACTS- Continued.

of corporations, 269.
to drain mine, 271.
custom affecting, 272.

CONVEYANCE.

See SALE.

CO-OWNERS. See PARTNERSHIP.

rights and remedies of, 335.
distinguished from copartners, 333.
partners in profits only, 334.
equity's jurisdiction between, 336.
abandonment by, 424.
CORPORATIONS,

how created, 302.

name and place, 303.
residence, 304.

seal and by-laws, 305.

meetings and records, 306.

corporate stock, 307.

may sue and be sued, 308.

right to buy and sell, 309.
sale by agents, 310.

contracts of, 311.

deeds of, 312.

officers and agents of, 313.

promoters of, 314.

liability for promoter's acts, 315.

for director's acts, 316.

limitation of director's power, 317.

acts of, ultra vires, 318.

irregular acts of, intra vires, 319.

power of president of, 320.

mine superintendent of, 321.

when superintendent can bind company, 322.

same -on commercial paper, 323.

liability for agent's torts, 324.

same miscellaneous cases of, 325

power to remove from, 326.

how dissolved, 327.

COST-BOOK COMPANIES,

nature of, 368.

cost-book, what it is, 369.

distinguished from partnership, 370.

proof of membership, 371.

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