PATENT-Continued. presumption as to regularity of antecedent steps, 414. side lines after, 152. validity of precedent steps, 414. in favor of right of possession, 130. on abandonment of town-site lot by mineral claimant, 1373. presumptive proof of ownership, 418. evidence of performance of condition, 1135. prima facie evidence of compliance with statute, 412. prior rights not affected by, 721. priority established in judicial proceedings, 424. rights over mineral and town site, 1375. private, for coal lands, 824. reserved, 824. proceedings after judgment on adverse claim, 487. to correct mistakes, 422. obtain, 289. proof as to existence of lode in placer claim, 410. expenditure as condition, 354. mineral character of land essential to, 402. to justify, 314. nonmineral character of land will defeat, 314. possession necessary, 551. required in Land Office after judgment, 463. sufficient to entitle applicant to, 333. to cancel on ground of fraud, 424. Justify vacation and cancellation, 423. sustain, for lode within placer, 561. protest sufficient to prevent issuance, 385. provisions for contest, 710. obtaining, 710. purchase of mining claim by foreign corporation, 494. purpose of description of vein or lode, 413. patent, 402. section 2325, 401. qualifications of applicant, 300. quantity of oil lands included in Alaska, 1048. questions not concluded by, 418. railroad company's, to mineral lands void, 1127. recitals and reservations omitted, 333. as to sale of adjoining land, 667. reconveyance and reissue, 421. recovery of money on cancellation of, 1323. regulation of mining claim before issuance, 292. relates to date of location, 437. time of original location and entry, 415. prior mineral entry in town site, 1373. relocator's right to, 333. reservations and exceptions as to town-site rights, 1375. as to town-site rights, 416. vested and accrued water rights, 426. can not nullify possessory rights, 105. in placer, 524. in town site as to minerals, 1378. of coal deposits, 1034. minerals and effect, 299. mineral lands in Alaska, 869. right of other claimants to enter, 416. PATENT-Continued. reservations of surface rights, 22. restricted to surface of coal lands, 813. right of applicant to, 329. patentee to follow vein or lode, 162. to, after applicant becomes equitable owner, depends on discovery, 308. determined by Land Office, 463. for surface of coal lands, 819. in absence of adverse claim, 436. 395. protest not applicable to coal entries, 1227. under adverse possession, 548. on working location for statutory period, 553. vein below point of intersection not determined by, 419. rights as against subsequent application for patent, 162. conferred for lode and placer claimants by, 154. determined by, 418. granted by, 663. of placer patentee, 410. prior patentee protected, 701. subsequent patentee, 722. properly initiated may ripen into, 124. sale of part will not defeat, 161. scope of section 2325, 401. second, not granted for same ground, 394. secures exclusive right to surface and to apexing veins, 410. separate, for each claim not required, 406. strangers not permitted to attack, 421. strict compliance with law required to obtain, 292. subject to extralateral rights, 428. prior tunnel sites, 426. right of others to penetrate claim, 103. vested water rights, 426, 613, 622, 660, 676. subsequent discovery of mineral, 299, 1106, 1146. successful adverse claimant entitled to, under judgment, 487. to cancel, for coal lands, 750. declare town-site patent inoperative, 424. surface conflict ground excepted from, 722. of town lots in Alaska subject to mineral rights, 1379. permitted by local laws and customs, 664. rights reserved to town-site claimant, 22. survey and line marked on ground before, 712. with coal deposits reserved, 821. surrender for correction of mistake, 848. survey adjusted to lines of claim, 504, 505. as part of description in, 504. incorporated in, 343. takes effect as of date of entry and payment, 415. by relation for cutting off intervening claims, 415. third persons concluded by, 418. may object to, 386. time for bringing suit to annul, 1228. determining mineral character of land, 1135. of known vein to except it from, 559. title to coal lands, 750. vein in excepted ground, 417. or lode, 310. to coowner, 407. corporation for mill site, 607. different parties pursuant to judgment, 491. mining location includes tunnel rights, 171. town site in Alaska not to include minerals, 1379. town-site, 1378. rights reserved in mineral, 1375. PATENT-Continued. town-site subject to mining location, 118. transfer of oil claim before discovery will not defeat, 1048. tunnel act authorizes protest, 1386. patents not authorized, 174. under homestead law, 425. vacating void patent for coal lands, 750. vacation, 422. because of known mine, 575. valid location as basis, 303. under preemption act in absence of valuable minerals, 1372. validity of, for coal lands reserved from sale, 750. vested right to, 408, 1227. water rights excepted, 722. void as to coal lands reserved from sale, 750. excess only, 420. if lands reserved from sale, 750. sale of land not authorized, 420. patent, 420. where agricultural lands contain known mine, 836. voidable but not void, 1135. not subject to collateral attack, 1135. water rights not subject to, 621. with mining claim conveyed, 667. when denied, 161. who may obtain, 300. will not issue for ground conflicting with patented claim, 665. See also Assigns and assignors, Grantee, Patent, Title. failure to comply with local regulations, 162. right to follow vein or lode, 162, 653. rights of lode and placer, 574. PATENT PROCEEDINGS. See also Actions on adverse claims, Adverse claims, Appeal, Burden of proof, Contestant, Entry, accepting patent as waiver of rights, 667. action on adverse claim as excuse for not prosecuting, 438. adjudication comprehends discovery, 65. adverse claim changes nature of, 291. suit after publication period no bar, 473. affidavit as to compliance with statutes, 307. amended survey, 342. annual labor not required after application, 249. application for patent, 289, 300. abandonment and effect, 335. of conflict ground and effect, 665, 720. first causes ground to fall into second, 329. absence of surface conflict dispenses with adverse claim, 446. abstract of title required, 312. acceptance of application for placer location, 523. accompanied by sworn statement of compliance with laws and regulations, 304. accurate description required, 320. action on adverse claim stays, 379. adverse claim and procedure, 431. against coal applicant, 785. as a defense, 441. excuse for delay, 336. must apply to included ground, 442. operates as stay, 440. not required after compromise and settlement, 444. claimant, 1361. can not file, 380. PATENT PROCEEDINGS-Continued. application for patent, adverse claimant, may defeat as to any one claim, 324. must assert interest, 434. possession and proof, 551. dispenses with abstract of title, 552. posting notice, 552. suit commenced after time will not bar, 720. affidavit by agent, 854. for mill site, 599. in absence of abstract, 312. of applicant, 304. to, 583. made before officer in land district, 675. verified before officer within land district, 717. where corporation is applicant, 304. agent may make, 427. agent's unauthorized affidavit, 428. authority to verify, 583. sworn statement must accompany in Alaska, 876. agreement not to adverse, 382. alienage as a defense, 440. of applicant prevents, 29. amended application, 438. amendment does not cure defects, 505. of affidavit, 304, 585. to include relinquished lands, 325. analogy between entry and patent of placer, 330. annual labor certificate not required after adverse suit, 466. appeal from decision of register, 663. applicant as equitable owner, 332. declaration of intention of becoming a citizen, 711. entitled to certificate of surveyor general, 341. patent on compliance with law, 721. failure to file adverse claim, 718. proof of compliance with requirements, 498. survey, 578. may contract for survey, 579. include all claims owned, 323. relinquish part, 326. must elect as to noncontiguous tracts, 324. have interest in claim, 301. pay expenses of survey, 666, 687. increased expense caused by errors, 580. valid location under mining laws, 303. not required to restore lost marks, 320. applicant's failure to comply with mining laws, 387. PATENT PROCEEDINGS-Continued. application for patent, cancellation for insufficient proof, 607. certificate as to statute of limitation, 551. work, 712. of surveyor general as to improvements, 353. certified copy of local laws as to mill site, 607. change in officers can not affect decision, 293. citizenship of applicant, 711. members of corporation, 645. claim reduced by amendment to include legal area, 322. claims held in common included, 323, 324. coal applicant not prejudiced by delay of officers making publication, 336. conforming to legal subsurveys, 708. construction of notice, 365. contents and sufficiency of notice, 365. of accompanying statement, 304. agent's sworn statement in Alaska, 876. contestant may show applicant's failure to comply with statute, 718. contiguous claims only included, 323, 409. continuation of, when commenced under prior act, 721. conveyance of part of claim included, 326. corporation as applicant, 712. correct survey required, 328. death of applicant, 301. defeated by noncompliance with statute, 405. defective notice, 368. unavailing, 393. delay and failure to perform annual labor, 335. Department may inquire as to known mine within town site, 1374. |