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PART VII.
OF THE ESSENTIALS OF A VALID LOCATION.
CHAPTER I.
OF DISCOVERY, ITS DEFINITION, ITS CHARACTER, SUFFI.
CIENCY AND IMPORTANCE EFFECT OF LOSS OF.
-
$340. General principles - Preliminary observations — The statutes of
the United States - General essentials of a valid location.
341. Definition of location.
342. Definition of a mining claim - Distinction between, and loca-
tion - Group of locations is a "claim.”
343 Canadian definitions.
344 Definition of discovery.
--
345. Same subject - Other definitions by the courts - Mineral-bear-
ing rock in place.
346. Discovery continued - Commentary upon special meanings under
state statutes.
347. Same subject-Decisions and definitions of discovery under state
statutes-Discovery shaft must be on unappropriated ground—
Discovery shaft in general — Relation of, to claim.
348. Same subject - What constitutes a valid discovery - Rich or
poor-"Float rock ""Ledge matter "— What a miner would
follow as a vein.
349. Some special rules and principles relating to discovery, and of
the degree of certainty and good faith required,
350. Posting on ridge of rocks - Speculating proceeding - Good faith
352. Exceptions-Contract to deed back - How question raised.
353. Discovery elsewhere on the claim.
354. Discovery after location
effect.
New discovery after loss, when takes
355. Importance of discovery - First in time, stronger in right.
356. State statutory provisions as to discovery and discovery work.
357. Presumption of location and discovery - Statute of limitations.
358. Discovery gives time to complete location - The rule independent
of state statutes.
359. Discovery essential Possession for that purpose protected.
360. Discovery on placer ground.
CHAPTER II.
DISCOVERY WORK-NAMING OF CLAIM AND PRELIMINARY
NOTICE.
§ 365. Preliminary - The discovery shaft - The old Spanish rule as to
discovery and registry.
366. Posting notice an essential step- Notice and record identical.
367. The notice required by miners' rules - Descriptions in and post-
Examples.
ing
368. Notice should be liberally construed-Sufficiency of description
in - Question of fact.
369. Same subject-Description in location notice prima facie only —
Parol evidence to explain.
370. Distinction between notice of location and record - Description
371. Question of law An extreme rule- Instances of particular no-
tices held insufficient - Question of fact the true rule.
372. Same subject - Examples of descriptions held sufficient.
373. Location notices under supplemental state statutes.
374. General rules deducible from all - No notice required by United
States law.
375. Customary and safer to give notice.
376. No iron-clad rule - Position and manner of posting notice.
377. No man may profit by his own wrong-
The rule where a locator
is prevented by others from completing acts of location — In-
truder or trespasser acquires no rights.
CHAPTER III.
MARKING THE LOCATION ON THE GROUND.
§ 381. The requirements of the federal statute - Importance, origin.
382. The early rule in California.
383. Canadian statutory provisions require the marking of bound-
aries.
384. Requirements of statute mandatory - Reason of the rule.
385. Marking must furnish an index - Not necessary to be placed on
the ground itself.
386. Sufficiency of marking is a question of fact.
387. Same-Exception - Question of law.
388. Boundaries of placer claims, as well as lodes, must be marked.
389. Guiding rules - Some marking necessary-What held sufficient,
what not.
390. Same-How marked - Fencing not necessary - Visible marks
sufficient.
391. Same subject - Cases where marking was held sufficient - Ab-
solute certainty not required.
§ 392. Same-What should be included - Actual markings on the
ground control over description in location notice.
393. Time within which boundaries must be marked — State statutory
provisions-Who may take advantage of failure to mark.
394. When boundaries may be changed.
395. Correcting insufficient marking - Markings by trespasser - Ef-
fect of.
396. Proof of boundary stakes.
397. Excessive boundaries - Effect of.
398. Same subject - Prevailing doctrine that claim is void only as to
excess.
399. Maintaining boundaries.
400. Summary - Doctrine of this chapter restated.
CHAPTER IV.
RECORDING THE NOTICE, CERTIFICATE OR CLAIM.
$403. General preliminary observations.
404. No express provision for record in federal statute - Some decis-
ions holding recording not essential.
405. Record clearly implied - Safer to record.
406 Record required in Cornwall and France and under Spanish and
Mexican ordinances.
407. Record is the inception of the paper title - Place of record must
be public.
408. Same-Necessity for record
409. Contents of record.
410. Same subject-Contents of the record - Requirements under
state and district laws substantially the same - Purpose of the
record.
411. Reasonable certainty is generally required - Question of fact as
to sufficiency of record.
412 Sufficient if can be made certain-Immaterial error will not
vitiate.
413. Same-Examples of descriptions which have been held sufficient.
414. Must refer to natural objects or permanent monuments - What
are sufficient for this purpose.
415. Same Instances of sufficient reference - Presumption as to
permanent monuments - Record should be liberally construed.
416. Sufficiency of reference to natural object or permanent monu.
ment is a question of fact - Parol evidence to aid record.
417. Same-Statutory provisions on the subject - Question of fact-
Force of statutory requirements.
418. Time within which record must be made-Effect of failure to
record in time - Recording before posting.
419. Proof of record — Effect of mistakes of recorder.
c
§ 420. Of the state statutes requiring location notices and declaratory
statements to be sworn to- Legislative power as to, reviewed.
421. Same subject - Verification of notice Acknowledgment —
Montana decisions examined - Legislation close to the border
line between valid and the void - Unsigned verification –
Undated notice-Time.
422. Same subject continued
- Law requiring verification held valid.
423. Doctrine of this chapter restated.
CHAPTER V.
AMENDMENTS AND ADDENDA.
§ 425. Additional certificates and amendments - Preliminary obser-
vations-State statutory authority - Doctrine of relation -
Change of boundaries.
426. Same subject-State statutes -When amendment will relate
to original date.
427. Same subject - Colorado authorities discussed - General pur-
pose and effect of amendments - Relation - Certificate -
Overlapping dead claim.
428. Amendment or addenda to notice-Record and marking inde-
pendent of statute How far permissible.
429. Cannot affect intervening rights-Estoppel by first record.
430. Uninjured subsequent locator cannot complain― Amendment
as to description.
431. Amendment made before expiration of location period cannot
be questioned.
432. The doctrine of this chapter restated.
PART VIII.
OF THE NATURE, QUANTITY AND EXTENT, LIKE-
WISE THE QUALITY OF ESTATE SECURED BY
LOCATION, AND HEREIN OF ANNUAL LABOR,
ABANDONMENT, FORFEITURE AND RELOCA-
TION.
OF THE QUALITY OF ESTATE BY LOCATION-AN ESTATE
UPON CONDITION—AND HEREIN OF CERTAIN SPECIAL
EASEMENTS AND SERVITUDES - LIKEWISE OF CERTAIN
POSSESSORY RIGHTS, DOWER AND MISCELLANEOUS.
§ 439. Preliminary observations - Location constitutes grant.
440. Same-The purpose of congressional legislation.
§ 441. Mining rights early recognized by the courts.
442. Extent and nature of estate secured by location.
443. Illustrations of the rule - All veins belong to the locator.
444. The law of cross-veins as applied to this matter.
445. Some slight apparent contradiction — Rule of statutory construc-
All sections to be construed together.
tion
446. Here as to surface ground — Sub-surface rights further on.
447. Possessory rights and status unsatisfactory - Recognized by na-
tional and state legislation.
448. Surface lines are important and controlling under the statute
Necessity of properly laying surface lines so as to include apex.
449. Importance of correctly placing boundaries Interdependent
nature of lode and surface ground-All veins contained in
ground belong to locator:
450. Rights under the statute defined — Nature, quality and extent of
possessory rights.
451. A location constitutes grant.
452. Possession must be followed by valid location, or it is not effect-
ive-The right also comes from a valid location.
453. Definition and proof of possession.
454. Same subject - Compliance with the law essential
alone of no value.
Possession
455. Presumptions from actual possession form apparent exceptions
to the rule.
456. Office of a presumption - Must not be mistaken for location.
457. One in possession may not remain silent-Right of possession
must be asserted against intruder.
458. The perfected location before patent is an estate upon condition.
459. Similarity to Mexican and Spanish law.
460. Compared with copyhold estates at common law.
461. Dominium utile of the civil law.
462. Of certain easements and servitudes-Specially connected with
mining claims.
463. Also subject to vested water rights.
464. Local legislatures have power to limit this easement.
465. Other implied limitations.
466. Possessory rights equal to patent so long as the law complied
with.
467. Possessory actions maintainable - Property in the highest sense
of the term.
468 Estate of inheritance - May be selected as a homestead - May
be sold on execution.
469. Overlapping locations.
470. No dower interest attaches in mines before patent.