Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 4

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...71 and 72. See Statutes of 1877; R. S. of 1879, p. 86, sec. 253, subd. 7, and sec. 281, p. 91. Section 203, Codified Statutes of 1871.2, is favorable to our construction. VVADE, O. J. This appeal, among other things, calls in question the validity of a mining claim location under the act of congress of May 10, 1872. The respondents claim title and right of possession to the ground in dispute by virtue of their location of the Triumph lode mining claim, which location, the appellants contend, is void, for the reason that the testimony disclosed the fact that the Triumph location is two thousand feet in length on the southern boundary line, and therefore not authorized by the act aforesaid. The act of congress provides: " A mining claim, located after the passage of this act, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode...". "The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of location, and such a description of the claim or claims located, by reference to some natural object or permanent monument, as will identify the claim." Such a location on the public mineral lands of the United States carries with it a grant from the government to the person making the same, and confers upon such a person the right to the exclusive possession and enjoyment of all the surface ground within the lines of such location. In order to make this grant effectual, the location must be distinctly marked on the ground, so that its boundaries can be readily traced, and the record of the location must...show more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236778820
  • 9781236778826