THE

0763

U. S. MINING LAWS,

AND THE

DECISIONS

OF THE

Commissioner of the General Land Office

AND THE

SECRETARY OF THE INTERIOR

THEREUNDER;

TOGETHER WITH THE CIRCULAR INSTRUCTIONS FROM THE GENERAL LAND
OFFICE, AND FORMS FOR ESTABLISHING PROOF OF CLAIMS; ALSO,

THE DECISIONS OF THE SUPREME COURT OF THE

UNITED STATES UNDER THE MINING ACTS.

By D. K. SICKELS,

GENERAL LAND OFFICE, WASHINGTON, D. C.

SAN FRANCISCO:

A. L. BANCROFT AND COMPANY,

LAW BOOK PUBLISHERS, BOOKSELLERS AND STATIONERS.

1881.

T

Entered according to Act of Congress, in the year 1881,
By A. L. BANCROFT AND COMPANY,

In the Office of the Librarian of Congress, at Washington.

294u 5566 c.3

PREFACE.

In

Under the mining laws of the United States the same. questions are rarely presented both to the Judicial and Executive branches of the Government for decision. the former the questions usually relate in some manner to the possession of the mining claim. In the latter they relate to the acquisition of title in pursuance of the law and the decisions of the courts.

Experience has demonstrated that the proceedings in the executive offices involve the decision of many delicate points of law and forms of pleading. A peculiar practice has grown up under these laws, both before the courts and in the Land Department. The practitioner must receive a special training in order to give good advice to, or successfully represent, his client. And whether he practices before the courts or in the land office, the mining lawyer should have handy, for reference, the authoritative citation of decisions controlling the action of the court or officer before whom he appears as the representative of a suitor.

The object sought in collecting these decisions has been to place in the hands of the attorney a book to which he may refer for authority upon any point which may have been raised in the cases heretofore presented to the Land Office for action. The cases already decided have probably involved, to some extent, the majority of the questions which are likely to arise in the future.

The aim has been to arrange these decisions in chapters, under appropriate headings (as Location, Survey, Adverse