496. Rules for determining character of land.

497. Geographical scope of the coal land laws.

ARTICLE II. MANNER OF ACQUIRING TITLE TO COAL LANDS.

501. Who may enter coal lands.

2502. Different classes of entries.

503. Private entry under Revised Statutes, section twenty-three hundred

and forty-seven.

504. Preferential right of purchase under Revised Statutes, section

twenty-three hundred and forty-eight.

2505. The declaratory statement.

506. Assignability of inchoate rights.

507. The purchase price.

508. The final entry.

509. Conclusions.

CHAPTER VI.

SALINES.

2513. Governmental policy with reference to salines-Grants to states.

514. The act of January 12, 1877-Territorial limit of its operation.

515. What embraced within the term "salines."

CHAPTER VII. MILLSITES.

2519. The law relating to millsites.

520. Different classes of millsites.

2521. Right to millsite-How initiated.

522. Location of millsite with reference to lode.

523. Nature of use required in case of location by lode proprietor.

2524. Millsites used for quartz mill or reduction works disconnected with

lode ownership.

CHAPTER VIII. EASEMENTS.

2529. Scope of the chapter.

2530. Rights of way for ditches and canals-Highways.

2531. Location subject only to pre-existing easements.

TITLE VI.

THE TITLE ACQUIRED AND RIGHTS CONFERRED BY

LOCATION.

CHAPTER I. THE CHARACTER OF THE TENURE.

II. THE NATURE AND EXTENT OF PROPERTY RIGHTS CON-

FERRED BY LODE LOCATIONS.

III. THE EXTRALATERAL RIGHT.

IV. THE NATURE AND EXTENT OF PROPERTY RIGHTS CON-

FERRED BY PLACER LOCATIONS.

CHAPTER V. PERPETUATION OF THE ESTATE BY ANNUAL DEVELOP-

MENT AND IMPROVEMENT.

VI. FORFEITURE OF THE ESTATE, AND ITS RESTORATION

BY RESUMPTION OF WORK.

CHAPTER I. THE CHARACTER OF THE TENURE.

2535. Nature of the estate as defined by the early decisions.

536. Origin of the doctrine.

537. Actual and constructive possession under miners' rules.

2538. Federal recognition of the doctrine.

2539. Nature of the estate as defined by the courts since the enactment

of general mining laws.

2540. Nature of the estate compared with copyholds at common law.

2541. Nature of the estate compared with the dominium utile of the civil

law.

2542. Nature of the estate compared with inchoate pre-emption and home-

stead claims.

543. Dower within the states.

2544. Dower within the territories.

CHAPTER II. THE NATURE AND EXTENT OF PROPERTY

RIGHTS CONFERRED BY LODE LOCATIONS.

ARTICLE I.

INTRODUCTORY-INTRALIMITAL RIGHTS.

II. CROSS LODES.

ARTICLE I. INTRODUCTORY-INTRALIMITAL RIGHTS.

2548. General observations.

549. Classification of rights with reference to boundaries.

2550. Extent of the grant as defined by the statute.

551. The right to the surface, and presumptions flowing therefrom.

2552. Intralimital rights not affected by the form of surface location.

553. Pursuit of the vein on its course beyond bounding planes of the

location not permitted.

ARTICLE II. CROSS LODES.

557. Section twenty-three hundred and thirty-six of the Revised Statutes

and its interpretation.

2558. The Colorado rule.

559. Cross lodes before the supreme court of Montana.

560. The Arizona-California rule.

CHAPTER III. THE EXTRALATERAL RIGHT.

ARTICLE I.

INTRODUCTORY.

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

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

REVISED STATUTES.

IV. EXTRALATERAL RIGHTS ON OTHER LODES, Conferred

BY THE ACT OF 1872 ON OWNERS OF CLAIMS PREVI-

OUSLY LOCATED.

V. CONSTRUCTION OF PATENTS APPLIED for Prior, but

ISSUED SUBSEQUENT, TO THE ACT OF 1872.

VI. LEGAL OBSTACLES INTERRUPTING THE EXTRALATERAL

RIGHT.

ARTICLE I. INTRODUCTORY.

2564. Introductory.

2565. Origin and use of the term extralateral.

566. The "dip right" under local rules.

567. The right to pursue the vein in depth, prior to patent, under the

act of July 26, 1866.

2568. Nature of estate in the vein, created by grant of the dip or extra-
lateral right.

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

572. The right to patent under the act of 1866, and its restriction to one

lode.

573. The functions of the diagram and the surface lines described in the

patent as controlling rights on the patented lode.

574. Rights of patentee under the act of 1866, where the end lines con-

verge in the direction of the dip.

2575. Rights where the end lines diverge in the direction of the dip.

576. Under the act of 1866, parallelism of end lines not required-

Doctrine of the Eureka case.

577. Conclusions.

ARTICLE III. EXTRALATERAL

RIGHTS FLOWING FROM

LOCATIONS MADE UNDER THE ACT OF MAY 10, 1872, AND

THE REVISED STATUTES.

581. Introductory.

582. Parallelism of end lines a condition precedent to the exercise of the

extralateral right.

583. Entire width of apex to be included in the location -"Broad lodes."

584. Vein entering and departing through the same side line.

585. The extralateral right applied to the ideal lode.

586. Vein crossing two parallel side lines - The Flagstaff case.

587. Same-The Argentine-Terrible case.

588. Same-The King-Amy case.

589. Deductions from side-end line cases - Extralateral right in such

cases defined by vertical planes drawn through the side-end lines

produced.

2590. Vein crossing two opposite non-parallel side lines.

591. Vein crossing one end line and a side line.

592. Vein with apex wholly within the location, but crossing none of

its boundaries, or entering at one end line and not reaching any

any other boundary.

593. Extralateral right as to veins other than the one upon which the

location is based.

2594. Conclusions.

ARTICLE IV. EXTRALATERAL RIGHTS ON OTHER LODES
CONFERRED BY THE ACT OF 1872 ON OWNERS OF CLAIMS
PREVIOUSLY LOCATED.

2598. Introductory.

599. Extralateral right on other lodes where the end lines of the original

location cross the original lode and are parallel.

600. Same Where the end lines are not parallel.

ARTICLE V. CONSTRUCTION OF PATENTS APPLIED FOR
PRIOR, BUT ISSUED SUBSEQUENT, TO THE ACT OF 1872.
? 604. Patents applied for under the act of 1866, but issued after May 10,
1872, to be construed as if issued under the prior law.

ARTICLE VI.

LEGAL OBSTACLES INTERRUPTING THE

EXTRALATERAL RIGHT.

2 608. Classes of impediments interrupting the right of lateral pursuit.

609. Prior appropriation by a regular valid location of a segment of the

same vein without conflict as to surface area.

2610. Qualification of the doctrine that the extent of the extralateral right
of different locators on the same vein is to be determined by
priority of location.

2611. The encountering of a vertical plane drawn through a surface
boundary of a prior grant, which grant did not in terms or infer-
entially reserve the right of underground invasion-Senior
mining locations not of this class.

612. Same-Prior agricultural grants.

2613. Same- Other classes of grants.

614. Union of veins on the dip.

615. Identity and continuity of veins involved in the exercise of the

extralateral right.

CHAPTER IV. THE NATURE AND EXTENT OF PROPERTY

RIGHTS CONFERRED BY PLACER LOCATIONS.

619. Rights conferred by placer locations as compared with lode loca-

tions.

CHAPTER V. PERPETUATION OF THE ESTATE BY ANNUAL

DEVELOPMENT AND IMPROVEMENT.

623. Annual labor under local rules-Provisions of the federal law.
2624. Requirement as to annual labor imperative.

625. Annual labor upon placer claims.

626. Supplemental state legislation.

627. Division of the subject.

628. "Claim" defined.

629. Work done within the limits of a single location.

630. Work done within the limits of a group of claims in furtherance of

a common system of development.

2631. Work done outside of the boundaries of a claim or group of claims.

632. Period within which work must be done-Can preliminary work

required by state laws as an act of location be credited on the

first year's work?

2633. By whom labor must be performed.

634. Circumstances under which performance of annual labor is excused.

635. Value of labor and improvements-How estimated.

636. Proof of annual labor under state laws.

637. Obligation to perform labor annually ceases with the final entry at

the land office.

638. Millsites.

CHAPTER VI.

FORFEITURE OF THE ESTATE, AND ITS
RESTORATION BY RESUMPTION OF WORK.

ARTICLE I. ABANDONMENT AND FORFEITURE.

II. RESUMPTION OF WORK.

ARTICLE I. ABANDONMENT AND FORFEITURE.

2642. Circumstances under which the locator's estate is terminated.

643. Distinction between abandonment and forfeiture.

644. Acts constituting abandonment-Evidence establishing or nega-

tiving it.

645. Forfeiture.

2646. Forfeiture to co-owners.

ARTICLE II.

RESUMPTION OF WORK.

651. Resumption of work prevents forfeiture.

652. What constitutes a valid resumption of work.

2653. When right to resume work must be exercised.

654. Conclusions.

TITLE VII.

OF THE PROCEEDINGS TO OBTAIN UNITED STATES PATENT
AND THE TITLE CONVEYED BY THAT INSTRUMENT.

CHAPTER I. THE LAND DEPARTMENT AND ITS FUNCTIONS.

II. THE SURVEY FOR PATENT.

III. THE APPLICATION FOR PATENT AND PROCEEDINGS

THEREON.