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23. Royal mines.
24. Local customs.
25. Tin mines of Cornwall.
26. Tin mines of Devonshire.
27. Coal, iron, and other mines in the Forest of Dean.
28. Lead mines of Derbyshire.
29. Severance of title.
10. Existing English laws.
11. Mines under the civil law.
12. Mining laws of France:- Mines - Minières - Carrières.
13. Mining laws of Mexico:- Nature and condition of mining con-
cessions - Right of discoverer; pertenencias-Right to mine,
how acquired - Denouncement of abandoned mines - Right to
denounce mines in private property — Rights of one not a dis-
coverer Placers - Foreigners and religious orders - Extent of
pertenencias; surface limits - Marking boundaries; rights in
depth Right to all veins found within boundaries of pertenen-
cias Forfeiture for failure to work
--
Royalties.
CHAPTER II. LOCAL STATE SYSTEMS.
18. Classification of states.
19. First group.
20. Second group.
21. Third group.
22. Limit of state control after patent.
TITLE II.
HISTORICAL REVIEW OF THE FEDERAL POLICY AND LEGIS-
LATION CONCERNING MINERAL LANDS.
CHAPTER I.
INTRODUCTORY - PERIODS OF NATIONAL HISTORY.
II. FIRST PERIOD: FROM THE FOUNDATION OF THE GOVERN-
MENT TO THE DISCOVERY OF GOLD IN CALIFORNIA.
III. SECOND PERIOD: FROM THE DISCOVERY OF GOLD IN
CALIFORNIA UNTIL THE PASSAGE OF THE LODE LAW
OF 1866.
CHAPTER IV. THIRD PERIOD: FROM THE PASSAGE OF THE LODE LAW
OF 1866 TO THE ENACTMENT OF THE GENERAL LAW
OF MAY 10, 1872.
V. FOURTH PERIOD: FROM THE ENACTMENT OF THE LAW
OF 1872 TO THE PRESENT TIME.
VI. THE FEDERAL SYSTEM.
CHAPTER I. INTRODUCTORY-PERIODS OF NATIONAL
25. Introductory.
HISTORY.
CHAPTER II. FIRST PERIOD: FROM THE FOUNDATION OF
THE GOVERNMENT TO THE DISCOVERY OF GOLD IN
CALIFORNIA.
28. Original nucleus of national domain.
29. Mineral resources of the territory ceded by the states.
30. First congressional action on the subject of mineral lands.
31. Reservation in crown grants to the colonies.
32. No development of copper mines until 1845.
33. The Louisiana purchase, and legislation concerning lead mines.
34. Message of President Polk.
235. Sales of land containing lead and copper under special laws.
236. Reservation in pre-emption laws.
CHAPTER III. SECOND PERIOD: FROM THE DISCOVERY
OF GOLD IN CALIFORNIA UNTIL THE PASSAGE OF THE
LODE LAW of 1866.
240. Discovery of gold in California, and the Mexican cession.
41. Origin of local customs.
42. Scope of local regulations.
43. Dips, spurs, and angles of lode claims.
44. Legislative and judicial recognition by the state.
45. Federal recognition.
46. Local rules as forming part of present system of mining law.
847. Federal legislation during the second period.
48. Executive recommendations to congress.
49. Coal land laws - Mining claims in Nevada - Sutro tunnel act.
CHAPTER IV. THIRD PERIOD: FROM THE PASSAGE OF
THE LODE LAW OF 1866 TO THE ENACTMENT OF THE
GENERAL LAW OF MAY 10, 1872.
53. The act of July 26, 1866.
254. Essential features of the act.
55. Declaration of governmental policy.
56. Recognition of local customs and possessory rights acquired there-
under.
257. Title to lode claims.
258. Relationship of surface to the lode.
259. Construction of the act by the land department.
60. Construction by the courts.
261. Local rules and customs after the passage of the act.
62. The act of July 9, 1870.
263. Local rules and customs after the passage of the act.
2 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.
269. 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.
273. 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.
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.
"MINERAL LANDS" AND KINDRED TERMS DEFINED.
II. THE PUBLIC SURVEYS AND THE RETURN OF THE SUR-
III.
VEYOR-GENERAL.
STATUS OF LAND AS TO TITLE AND POSSESSION.
IV. OF THE PERSONS WHO MAY ACQUIRE RIGHTS IN PUBLIC
MINERAL LANDS.
285. Necessity for definition of terms.
286. Terms of reservation employed in various acts.
287. "Mine" and "mineral" indefinite terms.
88. English denotation-" Mine " and "mineral" in their primary sense.
289. 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.
793. 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.
CHAPTER III. STATUS OF LAND AS ΤΟ TITLE AND
POSSESSION.
ARTICLE I. INTRODUCTORY.
II. MEXICAN GRANTS.
III. GRANTS TO STATES FOR EDUCATIONAL AND INTERNAL
IMPROVEMENT PURPOSES.
VI. INDIAN RESERVATIONS.
VII. MILITARY RESERVATIONS.
VIII. NATIONAL PARK AND FOREST RESERVATIONS.
IX. HOMESTEAD AND OTHER AGRICULTURAL CLAIMS.
X. OCCUPANCY WITHOUT COLOR OF TITLE.
112. Only public lands subject to appropriation under the mining laws.
ARTICLE II. MEXICAN GRANTS.
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 to Mexican grants in other states and terri-
tories.
119. Claims to mines asserted under the Mexican mining ordinances.
120. Status of grants considered with reference to condition of title.
121. Grants sub judice.
2122. Different classes of grants.
? 123. Grants of the first and third classes.
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, or may be, finally confirmed under the
act of March 3, 1891, situated in Colorado, Wyoming, Utah,
Nevada, New Mexico, or Arizona.
2128. Conclusions.
ARTICLE III. GRANTS TO THE STATES 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 excepted 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.
2138. Petroleum lands.
139. Lands chiefly valuable for building-stone.
2140. 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
tract accrued, and not the date upon which the law was passed
authorizing the grant.
141. Test of mineral character applied to school land grants.
142. When grants to the sixteenth and thirty-sixth sections take effect.
143. Selections by the state in lieu of sixteenth and thirty-sixth sections,
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.
2145. 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.