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miner's right to kill birds, 898.

game animals, 898.
rules and regulations as to affidavits of labor, 885.

ditches, 885.
flumes, 885.
mining claims, 885.

water rights, 885.
as to placer location, 530.

recording notice of location, 901.
mining claims as permanent monuments, 230.

on lands above high tide, 874.
mining laws. See Mining statutes..
location, affidavit as to annual labor


annual labor on, 878, 879.
burden of proof in Alaska, 878.
not permitted on tide lands, 874.
on shore waters of, 871.

reservations in, 180, 1165.

subject to highway easement, 864.
operations in, must not interfere with rights of way in, 863.
records delivered to proper recorder, 885.

legalized, 885.

made public records, 885.
statutes extended to, 618, 782, 871, 872, 873, 886, 887.

system in, 189.
moneys derived from sale of coal, 866.
monopoly of coal lands not permitted in, 888.
nature of act permitting coal entry on unsurveyed lands, 784.
no provision for stay of proceedings, 471.
no surface mining location with town sites, 1379.
notice of coal location and time of filing, 890.
number of coal entries by one entryman, 889.

placer claims locatable in calendar month, 875.
occupation and purchase of nonmineral lands by Cordova Bay, etc., Co., 898.
oil lands entered as placer claims in, 1043.

may be patented, 1043.
owner may discharge miner's lien as against contractor, 906.
party in interest may maintain action to determine adverse mining claim, 909.

recover possession of mining claim, 908.
patent for coal lands to recite terms and conditions, 891.

locations, 886.
oil claims, 1048.

not defeated by assignment, 1048.
payment of miner's lien by owner, 906.

by owner of building to contractor will not defeat miner's lien, 906.
penalty for removing dump after notice of lien, 882.

mineral afterlien notice is posted, 883.
period for enforcing miner's lien, 905.
persons authorized to enter oil lands, 1043.
in possession of coal mines may patent lands, 890.

mining claims may perfect title,887.
opening and improving coal mines may locate the land, 885.
power of attorney to authorize mining location by agent, 875.
pipe lines in, 883.
place of recording instruments affecting miners' claims, 884.
placer locations locatable each month, 876.

not in excess of 40 acres, 875.
in, must comply with statute, 875.

violation of statute are void, 875.

limited to area fixed by law, 875.
pleading and practice in actions to enforce miner's lien, 905.

enforcing miner's liens, 881.
possession of mining claim for 10 years, 908.
possessory title of mineral claimants, 874.
preference of miner's lien, 880.
price per acre for coal lands, 886.


priority of miner's liens and mortgages, 904.
private charters to mining corporations forbidden, 902.
proceedings to enforce miner's lien, 881.

for location of coal lands, 885.

to obtain patent for coal locations, 886.
proclamation, coal lands not affected by reservation, 911, 913.

does not affect coal lands withdrawn, 911,913.

reservation by, 911, 913.
proper district for recording instruments relating to mines, 900.
purchase of improved land not to include coal lands, 867.

minerals in, 867.
qualifications of coal locator in, 890.
quantity of coal land permitted to be consolidated in single location, 890.
quieting title to mining claim in, 831.
railroad act, 864.

commission, 902.

from seaboards to coal lands, 902.
record of declaratory statements, 900.

notice of mining location, 900.

required as to mining locations, 899.
recorder must record affidavits of annual labor on mining claims, 884.

declaratory statements, 884.

notice of mining locations, 884.
recording of notice of liens, 880.
records of mining district made public, 901.
recovery in actions to foreclose miner's lien, 882.

of possession of mining claim, 908.
regulations for leasing coal lands in, 897.
remedies administered for protection of miner's liens, 882.

for enforcing miner's lien, 905.

satisfying miner's liens, 882.
requirement as to marking location so boundaries traceable, 214.
right of way for deposit of tailings, 903.

dams, dumping places, reservoirs, water plants, ditches, flumes, pipes, roads, canals,

and tunnels, 862,863, 902, 903, 1192.
milling purposes, 1193.

mining purposes, 1193.

regulations prescribed by Secretary of the Interior, 1193.
rights and remedies of owners and contractors as against miner's liens, 906.

of nonmineral claimants on lands classified as coal, 812.

person in possession of coal mine to enter land, 889.
roadways on water fronts over mill sites, 874.

mineral lands, 874.
salaries of mine inspectors in, 922, 923, 929.
salary of surveyor general, 898.
sale of improved lands not to include minerals, 868.
salt springs in Alaska subject to location as placer claims, 1213.
seat of government, 899.
second coal entry prohibited, 772.
Secretary to prescribe regulations for use of timber and stone by miners, 1352.
shore lands subject to mining locations, 874.
single coal entry only permitted on unsurveyed coal lands, 889.
statute provides for acquiring title to mining claims, 873.
statutory provisions for acquiring title to mining claims, 873.
sufficient discovery in placer location, 512.
survey of coal lands, 876,893.

mineral lands, 911.
survival of action for recovery of mining claim, 909.
tide lands not open to mining location, 874.
timber used for mining purposes, 870.
time for beginning action to recover mining claims, 908.
filing coal claims, 769.

declaratory statement, 769.

location, 890.
location notice, 899.
notice of mining location, 900.

time for making application for survey of coal locations, 785.

proof in, 778.

and payment for coal lands, 778.
performance of annual labor, 879.

recording notice of mining location, 884.
in which laborer must file claim for lien, 905.

of beginning action to recover mining claim, 908.
title to coal lands located in good faith permitted, 890.

not obtained by homesteader, 869, 870.
mineral land not obtained by homesteader, 869, 870.
minerals not acquired by towns in, 1378.
mining claim perfected, 887.

town lots subject to mineral rights, 1378.
town sites, 867.
town-site entries, 867.

of mineral lands in, 1379.

on mineral lands permitted, 1379.

owner must adverse mineral applicant, 436.
transfer of interest in mine will not abate action, 908.
Union Pioneer Mining & Trading Company to construct bridge, 862.
United States has preference right to product of mines, 890.
use of stone by miners, 1352.
timber by miners, 869, 1352, 1353.

prospectors, 869.
water-right laws extended to, 871, 872.

in force in, 618.
willful trespass for removing minerals, 909.

stone, 909.

on mineral lands, 909.
withdrawal of coal lands, 878.

See also Appropriation of land, Easements, Rights of way.
adverse claims, 864.
effect on authority of Land Department, 862.
for refuse from mines, 903.
highways on shore, 863.

reservations for highways on shore, 863.

See also Minerals.

lands containing within Indian reservation not subject to location, 998.

See also Associations, Canada, Corporations, Citizenship, Qualifications.
abandonment of intention to become a citizen, 31.
alienage, 31.

not determined by United States statutes, 29.

pleaded to defeat title, 440.
as grantee of patented claim, 712.
as joint locator, 30.

not ousted by joint locators, 30.
as locator, 29.
as member of association locator, 100.
can not receive title from Government as grantee, 29.
citizenship relates back to date of location, 31.
co-locators do not acquire interest when escheated, 30.
declaration of intention relates to date of location, 56.

to become a citizen, 3.
discrimination against Chinamen, 31.
effect and rights as locator, 101.

of transfer of mining claim to, 101.

discharge from Cnited States Army, 31.
government only can object, 101.
laws of State govern as to, 675.
location and transfer of mining claim by, 30.

by not void but voidable, 31.
of mining claims in Alaska by, 910.

mining location by, not subject to attack by individuals, 32.

voided by the Government only, 31.
naturalization has retroactive effect, 101, 712.
not prevented from purchasing or owning mining claim, 29.
objection made by adverse party, 29.
patent to not subject to attack, 29.
protection not afforded by law of 1872, 629.
prevented from acquiring title, 29.
qualifications determined by laws of State where mine is, 29.
qualifying as citizen, 31.
races discriminated against in making locations, 31.
reciprocal mining rights granted Canadians in Alaska, 885.
retroactive effect of naturalization, 101, 712.
right of assignee of, 30.
rights not protected, 629.
right to acquire mining claims in Alaska, 910.

hold mining claim against individual, 32.

inherit mining claim determined by State law, 163.
title to mining claim forfeited by Government, 645.
transfer by, to citizen, 30.

of interest to co-locator, 30.

mining claim to, 645.
validity of State laws as to, 675.
who may proceed against for forfeiture, 645.

question qualifications, 101.

not included in salines, 1211.

lands valuable for, aro mineral, 8, 18, 20.

lands valuable for, are mineral, 8, 18.

clay containing, as mineral, 518.
deposits of, does not make land mineral, 842.
lands containing, as mineral lands, 689.

not a mineral, 842.

lands valuable for, are mineral, 8, 18.

See also Boundaries, Lines, Relocation, Swinging claims.
amendment not permitted to secure excessive area, 536

of notice or certificate, 205.
can not defeat rights of purchaser, 189.
effect on title, 182.
locator may amend without forfeiture of rights, 182.
name of original locator omitted, 182.
new and inconsistent rights not acquired by, 182.
not abandonment of original, 259.

permitted after transfer of title, 182.
placer locations, 536.
relocation not, 182.
rights depend upon ownership of original location, 182.

validity of, 182.

Alabama coal-land act, 822.
coal sections (2347-2352), 724.
act 31 Stat. 658, 782.

33 Stat. 525, 783.
of affidavits, 585.
of verification, 585.
revised mining act (17 Stat. 91), 722.
section 2324, 281.
section 2325, affidavit of agent, 427.

as to affidavit of citizenship, 428.
construction of, 427.



section 2325, effect of unauthorized affidavit, 428.

on patent, 428.

pending applications, 427.
limitations on patent, 428.
nonresidence of claimant, 427.
presence of claimant within land district, 428.

residence of claimant within land district, 428.
section 2326, actions to establish equitable title not affected, 497.

amendatory act not retroactive, 503.
amendment 1, 496.
amendment 2, 502.
amendment 3, 503.

purpose and object of, 497.
section 2327, as part of mining laws, 505.

construed to harmonize with mining laws, 505.

second patent not granted without notice, 505.
special minerals excepted, 723.

miners may kill in Alaska, 898.

See also Abandonment, Coal locations, Expenditures, Forfeiture, Improvements Mining locations,

Patent proceedings, Possessory rights.
abandonment by failure to perform, 260.
advantages to all parts of group, 247.
affidavit as prima facie evidence of performance in Alaska, 879.
to assessment work, 879.

on mining claims in Alaska, 901.
required by State statute, 269.

of performance insufficient, 253.
amendment of statute as to, 283.
amount and character determined by surveyor general, 337.

increased by miners' rules, 194.
of expenditures on placer claims in Alaska, 877.

not fixed by original act, 653.

required, 236, 697.
application for patent will not dispense with, 250.

of amendatory act as to performance, 722.

to phosphate deposits, 238.
apportionment to placer claims, 546.
as a condition to possessory title, 185.

development of claim, 235.

prospecting and excavating for purpose of development, 241.
available though outside of claim, 346.
beneficial character question of fact, 241.
burden of proof as to failure to perform, 253.

on failure to perform and relocation, 267.
when labor performed outside of claim, 252.

made on one of group, 247.
by one coowner not claimed by another, 278.
calendar year for performance, 284.
certificate as to, 712.
character of improvements, 240.

when performed outside of boundaries, 241.

work, 240.
claim patented or unpatented immaterial, 236.
claims held in common, 247.
coal locations, 759.
condition as to continued possession, 353.

to right of possession, 236.
construction of drain as, 248.

mining laws, 233.
contiguous claims, 247.
different from that required for patent, 236.
discovery shaft as, 241.

on consolidated claim, 188.

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