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§ 55. Declaration of governmental policy.
§ 56. Recognition of local customs and possessory rights acquired there-
under.
857. Title to lode claims.
§ 58. Relationship of surface to the lode.
§ 59. Construction of the act by the land department.
§ 60. Construction by the courts.
§ 61.
§ 62.
Local rules and customs after the passage of the act.
The act of July 9, 1870.
§ 63. Local rules and customs after the passage of the act.
§ 64. Accession to the national domain during the third period.
CHAPTER V. FOURTH PERIOD: FROM THE ENACTMENT
OF THE LAW OF MAY 10, 1872, TO THE PRESENT TIME.
§ 68. The act of May 10, 1872.
§ 69. Declaration of governmental policy.
§ 70. Changes made by the act-Division of the subject.
§ 71. Changes made with regard to lode claims.
$ 72. Changes made with regard to other claims.
873. New provisions affecting both classes of claims.
§ 74. Tunnels and millsites.
§ 75. Legislation subsequent to the act of 1872.
§ 76. Local rules and customs since the passage of the act.
877. Accession to the national domain during the fourth period.
CHAPTER VI. THE FEDERAL SYSTEM.
§ 80. Conclusions deduced from preceding chapters.
§ 81. Outline of the federal system-Scope of the treatise.
TITLE III.
LANDS SUBJECT TO APPROPRIATION UNDER THE MINING
LAWS, AND THE PERSONS WHO MAY ACQUIRE RIGHTS
THEREIN.
CHAPTER I.
"MINERAL LANDS" AND KINDRED TERMS DEFINED.
II. THE PUBLIC SURVEYS AND THE RETURN OF THE SURVEYOR-
GENERAL.
III.
STATUS OF LAND AS TO TITLE AND POSSESSION.
IV. OF THE PERSONS WHO MAY ACQUIRE RIGHTS TO PUBLIC
MINERAL LANDS.
CHAPTER I. "MINERAL LANDS" AND KINDRED TERMS
DEFINED.
$85. Necessity for definition of terms.
§ 86. Terms of reservation employed in various acts.
§ 87. "Mine" and "mineral" indefinite terms.
§ 88. English denotation-"Mine" and "mineral" in their primary
sense.
$89. Enlarged meaning of "mine.'
§ 90. "Mineral" as defined by the English and Scotch authorities.
$91. English rules of interpretation.
§ 92. Substances classified as mineral under the English decisions.
§ 93. American cases defining "mine" and "mineral."
§ 94. "Mineral lands" as defined by the American tribunals.
§ 95. Interpretation of terms by the land department.
§ 96. American rules of statutory interpretation.
§ 97. Substances held to be mineral by the land department.
§ 98. Rules for determining mineral character of land.
CHAPTER II. THE PUBLIC SURVEYS AND THE RETURN
OF THE SURVEYOR-GENERAL.
$102. No general classification of lands as to their character.
$103. Geological surveys.
$104. General system of land surveys.
§ 105. What constitutes the surveyor-general's return.
$106. Prima facie character of land established by the return.
$107. Character of land, when and how established.
$108. Jurisdiction of courts to determine character of land when
question is pending in land department.
CHAPTER III. STATUS OF LAND AS TO TITLE AND
POSSESSION.
ARTICLE I. INTRODUCTORY.
II. MEXICAN GRANTS.
III. GRANTS TO THE STATES AND TERRITORIES FOR EDUCATIONAL
AND INTERNAL IMPROVEMENT PURPOSES.
IX.
HOMESTEAD AND OTHER AGRICULTURAL CLAIMS.
X. OCCUPANCY WITHOUT COLOR OF TITLE.
ARTICLE I.
INTRODUCTORY.
§ 112. Only public lands subject to appropriation under the mining laws.
ARTICLE II. MEXICAN GRANTS.
§ 113.
Introductory.
§ 114. Ownership of mines under Mexican law.
§ 115. Nature of title conveyed to the United States by the treaty.
§ 116. Obligation of the United States to protect rights accrued prior to
the cession.
§ 117. Adjustment of claims to Mexican grants in California.
§ 118. Adjustment of claims under Mexican grants in other states and
territories.
§ 119.
§ 120.
§ 121.
Claims to mines asserted under the Mexican mining ordinances.
Status of grants considered with reference to condition of title.
Grants sub judice.
§ 124.
Grants of the second class-commonly called "floats."’
§ 125.
Grants confirmed under the California act.
§ 126. Grants confirmed by direct action of congress.
§ 127.
Grants which have been finally confirmed under the act of March
3, 1891, situated in Colorado, Wyoming, Utah, Nevada, New
Mexico, or Arizona.
§ 128. Conclusions.
ARTICLE III. GRANTS TO THE STATES AND TERRITORIES
FOR EDUCATIONAL AND INTERNAL IMPROVEMENT
PURPOSES.
§ 132. Grant of sixteenth and thirty-sixth sections.
§ 133. Indemnity grant in lieu of sixteenth and thirty-sixth sections lost
to the states.
§ 134. Other grants for schools and internal improvements.
§ 135. Conflicts between mineral claimants and purchasers from the
states.
§ 136. Mineral lands exempted from the operation of grants to the states.
§ 137. Restrictions upon the definition of "mineral lands", when con-
sidered with reference to school land grants.
§ 138. Petroleum lands.
§ 139. Lands chiefly valuable for building-stone.
§ 140. In construing the term "mineral lands'' as applied to administra-
tion of school land grants, the time to which the inquiry is
addressed is the date when the asserted right to a particular
141.
§ 142.
tract accrued, and not the date upon which the law was passed
authorizing the grant.
Test of mineral character applied to school land grants.
When grants to the sixteenth and thirty-sixth sections take effect.
§ 143. Selections by the state in lieu of sixteenth and thirty-sixth sec-
tions, and under general grants.
$144. Effect of surveyor-general's return as to character of land within
sixteenth and thirty-sixth sections, or lands sought to be selected
in lieu thereof, or under floating grants.
§ 144a. Conclusiveness of state patents as to character of land.
$145. Conclusions.
ARTICLE IV. RAILROAD GRANTS. ·
$149. Area of grants in aid of railroads, and congressional legislation
donating lands for such purposes.
150. Types of land grants in aid of the construction of railroads,
selected for the purpose of discussion.
151. Character of the grants.
$152. Reservation of mineral lands from the operation of railroad
grants.
153. Grants of rights of way.
§ 154. Grants of particular sections as construed by the courts.
155. Construction of railroad grants by the land department.
156. Distinctions between grants of sixteenth and thirty-sixth sections
to states, and grants of particular sections to railroads.
157. Indemnity lands.
§ 158. Restrictions upon the definition of "mineral lands," when con-
sidered with reference to railroad grants.
§ 159. Test of mineral character of land applied to railroad grants.
§ 160. Classification of railroad lands under special laws in Idaho and
Montana.
§ 161. Effect of patents issued to railroad companies.
$162. Conclusions.
ARTICLE V.
TOWNSITES.
166. Laws regulating the entry of townsites.
§ 167. Rules of interpretation applied to townsite laws.
168. Occupancy of public mineral lands for purposes of trade or
business.
169. Rights of mining locator upon unoccupied lands within unpatented
townsite limits.
$170. Prior occupancy of public mineral lands within unpatented town-
sites for purposes of trade, as affecting the appropriation of
such lands under the mining laws-The rule prior to the passage
of the act of March 3, 1891.
Lindley on M.-ii
§ 171. Correlative rights of mining and townsite claimants recognized by
the land department prior to the act of March 3, 1891.
§ 172. Section sixteen of the act of March 3, 1891, is limited in its appli-
cation to incorporated towns and cities.
§ 173. The object and intent of section sixteen of the act of March 3,
1891.
§ 174. The act of March 3, 1891, not retroactive.
§ 175. Effect of patents issued for lands within townsites.
§ 175a. Difficulty in the application of principles suggested.
§ 176. What constitutes a mine or valid mining claim within the meaning
of section twenty-three hundred and ninety-two of the Revised
Statutes.
§ 177. In what manner may a townsite patent be assailed by the owner
of a mine or mining claim.
§ 178. Ownership of minerals under streets in townsites.
ARTICLE VI. INDIAN RESERVATIONS.
§ 181. Nature of Indian title.
§ 182. Manner of creating and abolishing Indian reservations.
§ 183.
Lands within Indian reservations are not open to settlement or
purchase under the public land laws.
§ 184. Status of mining claims located within limits of an Indian reser-
vation prior to the extinguishment of the Indian title.
§ 185. Effect of creating an Indian reservation embracing prior valid
and subsisting mining claims.
§ 186. Conclusions.
ARTICLE VII. MILITARY RESERVATIONS.
§ 190. Manner of creating and abolishing military reservations.
§ 191. Status of mining claims located within the limits of a subsisting
military reservation.
§ 192. Effect of creating a military reservation embracing prior valid
ARTICLE VIII. NATIONAL PARK AND FOREST RESERVA-
TIONS-RESERVATIONS FOR RESERVOIR SITES.
§ 196. Manner of creating national park reservations, and purposes for
which they are created.
§ 197. Manner of creating forest reservations, and purposes for which
they are created.
§ 198. Status of mining claims within forest reservations.
§ 199. Forest lien selections under the act of June 4, 1897.
$200. Reservoir sites.