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 II

"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, calesti favore jam adimplevimus."

-From Dedication of Justinian's Institutes.

SAN FRANCISCO

BANCROFT-WHITNEY COMPANY

LAW PUBLISHERS AND LAW BOOKSELLERS

1903

COPYRIGHT, 1897,

RY

CURTIS H. LINDLEY.

COPYRIGHT, 1903,

RY

CURTIS H. LINDLEY.

II. EXTRALATERAL RIGHTS ON THE ORIGINAL LODE
PATENTS ISSUED PRIOR TO MAY 10, 1872.

UNDER

III. EXTRALATERAL RIGHTS FLOWING FROM LOCATIONS MADE
UNDER THE ACT OF MAY 10, 1872, AND THE REVISED
STATUTES.

IV. CONSTRUCTION OF PATENTS APPLIED FOR PRIOR, BUT ISSUED
SUBSEQUENT, TO THE ACT OF 1872.

V. LEGAL OBSTACLES INTERRUPTING THE EXTRALATERAL RIGHT.
VI. CONVEYANCES AFFECTING EXTRALATERAL RIGHT.

2 564. Introductory.-The extralimital rights of a lode locator, other than the right to pursue the vein on its downward course out of and beyond his vertical bounding planes, are few and comparatively unimportant. The right to locate and hold a millsite in connection with a located lode under the first clause of section twenty-three hundred and thirty-seven of the Revised Statutes may be said to be extralimital. It is wholly dependent upon lode ownership. A loss of the lode