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ON THE

AMERICAN LAW RELATING TO MINES

AND MINERAL LANDS

WITHIN THE

PUBLIC LAND STATES AND TERRITORIES

AND

GOVERNING THE ACQUISITION AND ENJOYMENT
OF MINING RIGHTS IN LANDS OF

THE PUBLIC DOMAIN

BY

CURTIS H. LINDLEY

OF THE SAN FRANCISCO BAR

SECOND EDITION

IN TWO VOLUMES

VOLUME I

"I hold every man a debtor to his profession; from the
which, as men of course do seek to receive countenance and
profit, so ought they of duty to endeavor themselves, by way
of amends, to be a help and ornament thereto.

Bacon's Tracts.

"Et opus desperatum, quasi per medium profundum
euntes, cælesti favore jam adimplevimus.

- From Dedication of Justinian's Institutes.

SAN FRANCISCO
BANCROFT-WHITNEY COMPANY
LAW PUBLISHERS AND LAW BOOKSELLERS

1903

L3040!

022 1948

COPYRIGHT, 1897,

BY

CURTIS H. LINDLEY.

COPYRIGHT, 1903,

BY

CURTIS H. LINDLEY.

PREFACE TO SECOND EDITION.

A SECOND EDITION of this treatise seems opportune. The original edition was not stereotyped and has been out of print for three years. Since the work first appeared, some questions of large importance have been passed upon by the courts, requiring in some instances modification, in others elaboration of the text. The publishers report a constant demand for the work. These considerations have induced the author to present this edition, in the hope that it will measurably, at least, meet the desires of the profession at whose hands the former one was accorded so gracious a reception.

The work has been entirely revised, and in some of its parts rewritten. The original section numbers have not been changed. The new adjudications have been assimilated to the old sections, and where new subjects have been incorporated, supplemental ones have been appropriately grafted into the treatise without disturbing the general plan of arrangement or the logical sequence of the sections. Wherever the subject under consideration would seem to justify or require it, additional diagrams and illustrations have been utilized. In the citation of cases in the notes to the text the official report is given, followed by a reference to the American Reports, American Decisions, or American State Reports, if the case cited appears in any of this series. Also, the report of the case in the National Reporter System. In the table of cases will be found a reference to all standard reports where the case reappears.

The author desires to publicly express his obligations to those whose assistance have enabled him to present the work in its present form,-to Mr. Ross E. Browne, M. E., for his collaboration and illustrations on the subjects of definitions of mining terms employed in the acts of Congress, and identity and continuity of veins involved in the exercise of the extralat

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