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some time or another be of the greatest importance (see p. 34). The patent probably carries the root of the title back to the entry, if not to the date of application for the patent, but it is always prudent to examine the title back to the location certificate, or record, so as to be sure that no liens exist, since they are not affected by the patent (sect. 2332).

Certificates of Clerk of District Court, of Judge of Probate, or Recorder of the Court.

These certificates should appear on the abstract and should certify that there are no judgments, attachments, mechanics' or other liens, debts, legacies, &c., on record in either Court affecting this property, or that of any owners whose names appear in the abstract; also whether there are any lites pendentes affecting the property.

Taxes.

It should be seen that all taxes are paid, and, if the property has been sold by the sheriff for non-payment of the taxes, that the property has been redeemed within the time limited for redemption, or if it has not been redeemed that all the requirements of the statutes relating to tax sales have been complied with, for otherwise the purchaser at such a sale cannot give a good title to subsequent purchasers.

Adverse Possession of Others.

Especial care should be taken to find out whether other parties lay claim to the lode proposed to be conveyed, or to any lode in proximity to it, for if so, their claim should be purchased, or got rid of, to avoid the certainty of future trouble from this source when the mine is developed. It should also be seen that the lode claim does not lie within the line of any tunnel, 3000 feet from its entrance, as such a location is invalid.

School Claims.

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Formerly, in Colorado, claims known as " school claims and "miners' relief fund claims" existed, under a territorial statute, but such claims are invalid, inasmuch as they are not recognised by the United States, and as the territory had no right to confer a title to mineral lands which were the property of the United States Government, and not of the territory. Such claims are seldom met with now, but they are valueless in themselves except so far as they are held by prior possession and in accordance with the United States mining laws. Such a claim was acquired by the Colorado Terrible Mining Company, but had to be abandoned by them.

It is never advisable to purchase one patented claim only (L. O. Nov. 1869), unless the Territorial Laws (e.g. New Mexico) limit the number so purchased (L. O. Nov. 1870),

It is never purchase one claim only.

advisable to

for all that the purchaser acquires by one location is a strip of surface ground not more than 1500 feet long by 300 feet wide. And since a lode never descends vertically downwards, but always "dips" under the adjoining surface, every facility is offered to the owner of the outside surface to "blackmail" his neighbour, when the operation is likely to be a profitable one. Since also, it usually happens that lodes improve in depth, it is not prudent to have one claim only along a lode, but two at least should be acquired together, thus giving 3000 feet along the lode; and at any rate the adjoining surface should be thoroughly explored for traces of lodes or spurs, which, if found should be duly located and patented, so as to include all the adjoining surface ground, and thus keep all possible adverse claimants at a distance.

District Laws, and State or Territorial Statutes.

Since the Laws of the Mining "Districts," are by the U.S. statute made a part of the General Mining Law, the Laws of that District in which the mine is situate should appear on the abstract. So also, for the same reason, must the Laws of the State or Territory in which the mine is, be abstracted, so far, at least, as they relate to locations, or to the quantity of surface ground allowed for a claim. If there is a conflict between the Statutes and the District Laws, the former govern.

AMENDMENT ACT OF 11th FEBRUARY, 1875.

An Act to amend Section Two thousand three hundred and twenty-four of the Revised Statutes, relating to the Development of the Mining Resources of the United States.

BE IT ENACTED by the Senate and House of Representatives of the United States of America in Congress assembled, That section Two thousand three hundred and twenty-four of the Revised Statutes be, and the same is hereby, amended, so that where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said Act; and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said Act.

WATER RIGHTS IN CALIFORNIA.

[Title VIII. of the Civil Code of California.]

§ 1410. The right to the use of running water flowing in a river or stream or down a cañon or ravine may be acquired by appropriation.

§ 1411. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose, the right ceases.

§ 1412. The person entitled to the use may change the place of diversion, if others are not injured by such change, and may extend the ditch, flume, pipe, or aqueduct by which the diversion is made to places beyond that where the first use was made.

1413. The water appropriated may be turned into the channel of another stream and mingled with its water and then reclaimed; but in reclaiming it the water already appropriated by another must not be diminished.

§ 1414. As between appropriators, the one first in time is the first in right.

§ 1415. A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating therein:

1. That he claims the water there flowing to the extent

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