813. To what extent owner of minerals may use surface-

necessity.

2814. Manner of conducting mining operations.

Ways of

ARTICLE II. VERTICAL OR SUBJACENT SUPPORT.

2818. Right of surface support reserved by implication in grant of

minerals-Nature of the right.

819. Right an absolute one - Negligence not involved.

2820. Right limited to support of soil in its natural state-Buildings.
821. Waiver or release of the right.

822. Statutory regulations on subject of subjacent support.

ARTICLE III. RIGHTS AND DUTIES OF SURFACE PROPRI-
ETOR OWNERSHIP OF SEPARATE STRATA.

826. Responsibility of surface owner for injuries to miners' rights.
827. Rights of access to lower strata - Reciprocal servitudes between
owners of different strata.

CHAPTER III. LATERAL OR ADJACENT SUPPORT.

831. Introductory.

832. General principles - Negligence as an element.

833. Right limited to support of soil in its natural state.

834. The right of lateral support as applied to mines worked by hydrau-

lic process.

CHAPTER IV. DEPOSIT OF MINING DEBRIS IN RUNNING
STREAMS AND ON LAND OF OTHERS-PRIVATE NUI-
SANCES.

838. The use of water in the conduct of mining operations.

839. Pollution of streams - The English rule-Tin streaming in Corn-

wall.

840. The American rule as declared in states not accepting the Pacific
Coast doctrine as to right of appropriation and user of water.

841. The rule in the mining states and territories where the right of

appropriation is recognized.

842. The remedy by injunction to prevent pollution of water.

843. The deposit of tailings and refuse on the lands of others.

844. Measure of damages for unlawfully depositing debris on another's

land.

CHAPTER V.

GOVERNMENTAL SUPERVISION OF HYDRAULIC

MINING IN CALIFORNIA-THE CALIFORNIA DEBRIS
COMMISSION-ITS JURISDICTION AND POWERS.

848. Causes leading up to the passage by congress of the act creating the
California debris commission.

2849. Hydraulic mining not a nuisance per se—

by the debris cases.

Principles established

2850. Essential features of the congressional act creating the California

debris commission and regulating hydraulic mining in the state

of California.

2851. Necessity for definition of term "hydraulic mining."

852. What constitutes "hydraulic mining," or "mining by the hy-
"draulic process," within the meaning of the act.

2 853. Judicial interpretation of the act - Its constitutionality.

TITLE X.

MINES AND MINING CLAIMS AS SUBJECTS OF CONTRACT

BETWEEN INDIVIDUALS.

CHAPTER I. MISCELLANEOUS CONTRACTS RELATING TO MIN-
ING VENTURES AND THEIR DISTINGUISHING FEATURES.

2857. Introductory.

2 858. “Grub stake" and prospecting contracts.

859. Options, working bonds, or executory contracts of sale.

2860. Licenses and their distinguishing attributes.

2861. What constitutes a lease.

TITLE XI.

ACTIONS CONCERNING MINING CLAIMS OTHER THAN SUITS
UPON ADVERSE CLAIMS-AUXILIARY REMEDIES.

CHAPTER I.

TRESPASS-MEASURE OF DAMAGES.

II. AUXILIARY REMEDIES.

CHAPTER I. TRESPASS-MEASURE OF DAMAGES.

2865. Introductory.

866. Burden of proof in cases of underground trespasses.

2867. When the statute of limitations commences to run against under-

ground trespasses.

2868. Measure of damages.

CHAPTER II. AUXILIARY REMEDIES.

872. Injunction.

2873. Inspection and survey.

APPENDIX-MISCELLANEOUS.

TITLE XII.

FEDERAL STATUTES RELATING TO MINES, TOGETHER WITH
THE LAND DEPARTMENT REGULATIONS.

I. LODE AND WATER LAW OF JULY 26, 1866.

II. PLACER LAW OF JULY 9, 1870.

III. GENERAL MINING ACT OF MAY 10, 1872.

IV. TITLE XXXII, CHAPTER 6, OF UNITED STATES REVISED

STATUTES EMBODYING EXISTING LAWS RELATING TO

MINERAL LANDS.

V. LAND DEPARTMENT REGULATIONS UPON THE SUBJECT OF

MINERAL LANDS OTHER THAN COAL.

VI. COAL LAND LAW WITH REGULATIONS THEREunder.

VII. INSTRUCTIONS RELATING TO SELECTION OF LANDS BY RAIL-

ROADS AND STATES.

VIII. PETROLEUM LAW OF FEBRUARY 11, 1897, AND CIRCULAR OF

INSTRUCTIONS RELATING THERETO.

IX. ALIEN ACT OF MARCH 2, 1897.

X. RECENT LEGISLATION AND REGULATIONS ON THE SUBJECT OF

MINING CLAIMS WITHIN FOREST RESERVATIONS.

TITLE XIII.

STATE AND TERRITORIAL LEGISLATION UPON THE SUBJECT

OF MINES.

ARIZONA.

I. Act of 1895, relating to the location and development of mining

claims.

II. Act of 1891, relating to forfeiture of mining claims.

III. Reference to miscellaneous legislation on mining subjects.

CALIFORNIA.

I. Act of 1897, relating to the location and development of mining

claims.

II. Act of 1891 relating to performance and proof of annual labor.

III. Regulating the sale of mineral lands belonging to the state.

IV. Congressional act regulating hydraulic mining in California.

V. Reference to miscellaneous legislation on mining subjects.

COLORADO.

I. Provisions relating to lode claims.

II. Provisions relating to placer claims

III. Provisions relating to tunnels and tunnel claims.

IV. Reference to miscellaneous legislation on mining subjects.

IDAHO.

I. Act of 1895, relating to the location and development of lodes and

placers.

II. Act of 1897, relating to location and development of placers.

III. Reference to miscellaneous legislation on mining subjects.

MONTANA.

I. Laws relating to the location and development of mining claims.

II. Reference to miscellaneous legislation on mining subjects.

NEVADA.

I. Act of 1897, regulating the location and development of lode, placer,

tunnel, and millsite clains.

II. Act regulating the disposition of certain state mineral lands.

III. Reference to miscellaneous legislation on mining subjects.

NEW MEXICO.

I. Laws relating to the location, relocation and development of mines.

II. Reference to miscellaneous legislation on mining subjects.

NORTH DAKОТА.

I. Legislation relating to the acquisition of title to lode claims.
II. Reference to miscellaneous legislation on mining subjects.

OREGON.

I. Laws relating to the location and recording of mining claims.

II. Reference to miscellaneous legislation on mining subjects.

SOUTH DAKOTA.

A. Mining laws enacted by the legislature of South Dakota.

B. Mining laws of Dakota Territory adopted by South Dakota.

I. Relating to the size, location, and development of mining claims.

II. Reference to miscellaneous legislation on mining subjects.

Стан.

I. Act of 1897, providing the manner in which lode and placer claims

may be located and recorded.

II. Reference to miscellaneous legislation on mining subjects.

WASHINGTON.

I. Laws defining the rights and duties of the locator of mining claims.

II. Reference to miscellaneous legislation on mining subjects.

WYOMING.

I. Laws relating to the location of lode claims and the extent of

locator's rights therein.

II. Laws relating to the location and annual development of placer

claims.

III. Reference to miscellaneous legislation on mining subjects.

DISTRICT OF ALASKA.

FEDERAL LAWS AND REGULATIONS CONCERNING MINING CLAIMS

IN ALASKA.

I.

Statutes.

II. Land department regulations.

TITLE XIV.

FORMS AND PRECEDENTS.