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PATENT-Continued.

presumption as to regularity of antecedent steps, 414.
side lines after, 152.

INDEX.

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.
grant of all rights, 412.
prior rights not affected by, 721.
priority established in judicial proceedings, 424.
of location as to excepted ground, 418.
rights over mineral and town site, 1375.
private, for coal lands, 824.

reserved, 824.
proceedings after judgment on adverse claim, 487.
for, 661.

to correct mistakes, 422.
obtain, 289.

proof as to existence of lode in placer claim, 410.
of compliance with statute essential, 307.
date of location, 415.

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.
provided for by statute, 661.

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.
relative rights of mineral and town-site claimants to, 1361.
relief against, 162.

prior mineral entry in town site, 1373.
relocator's right to, 333.
reservations and exceptions as to town-site rights, 1375.

limitations, 416.

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, 395.

payment of price, 250.

depends on discovery, 308.

determined by Land Office, 463.
for surface of coal lands, 819.

in absence of adverse claim, 436.

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.
suit by United States to cancel, 836.

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.
trustee, 408.

town-site, 1378.

rights reserved in mineral, 1375.

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PATENT PROCEEDINGS.

See also Actions on adverse claims, Adverse claims, Appeal, Burden of proof, Contestant, Entry,
Intervention, Judgment, Mill site, Mining locations, Notice, Patent, Pleading and practice.
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.
appeal and practice, 389.

application for patent, 289, 300.

abandonment and effect, 335.

of conflict ground and effect, 665, 720.

first causes ground to fall into second, 329.
noncontiguous claim, 395.

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.

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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.
show legal location by discovery, 308.

valid location under mining laws, 303.
not required to restore lost marks, 320.
presumed to know surface conflicts, 326.
protected from unjust charges for survey, 579, 687.
to file statement of charges and fees, 577.
applicant's failure to comply with mining laws, 387.

right not impaired by change of statute, 686.
prejudiced by acts of officers, 361.

of appeal from register, 717.
approved when proper though others refused, 408.
area and acreage in placer application, 707.
as appropriation of ground, 663.

evidence of appropriation of ground, 305.
segregation of land, 305.

assumption in absence in adverse claim, 436.

authority of agent in absence of claimant, 56, 717, 854, 875.

by claimant in person, 300.

coowner, 279, 301.

joint owner, 301.

mineral claimant after town-site patent, 1362.

within town site, 1361, 1362.

one joint owner in behalf of all, 711.

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.
proof of expenditures, 354.

certified copy of local laws as to mill site, 607.
location record required, 337.
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.

lands, 728, 813, 824.

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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.

deposit for expense of survey, 579.

deposits of limestone, 332.

marble, 332.

phosphate, 332.

439.

description according to official survey, 321.
in notice different from survey,
of claim, 320, 405, 663, 711.
detached claim not included, 325.
determination of character of land, 315, 814.
diagram, 662.

and plat required, 712.
filed with, 662.

must fix location, 664.

diligence in prosecution required, 334, 665..
discovery a question of fact, 405.

essential, 308.

may justify patent, 314.
must precede, 354.

dismissal and refiling, 713, 718.

of, and reliance on possession, 384.
duty to file adverse claim, 374, 434.
effect as an appropriation of ground, 663.

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