This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...of limitation applies after patent, then the owner must use the same diligence in protecting his possession after patent as before. In that case an adverse possession of one year would bar the owner of his remedy. In general, any possession is adverse which is open, exclusive, continuous and manifested by acts which show a claim of ownership, such as mining or enclosing the ground. The possession of a tenant who holds over after the expiration of his tenancy does not begin to be adverse until the lapse of ten years from the expiration of his term in the case of a written lease, or from the last payment of rent where the lease is unwritten.--Code Civ. Pro., Sec. 491. An action for a trespass in underground works upon a mining claim is barred in two years from the time when the owner discovers the trespass.--Code Civ. Pro., Sec. 524. Inspection And Survey Of Mines.--Whenever any person has an interest in a mining claim in the possession of another, or when the inspection of an adjoining claim in the possession of another is necessary to ascertain, protect or enforce his rights in his own claim, he may make a demand in writing upon such other person for an inspection and survey, and if refused, may file a petition in the District Court of the county, setting forth the facts, and obtain from the court an order permitting such examination and survey.--Code Civ. Pro., Sec. 1317. ANNUAL LABOR. United States Law. Revised Statutes, Sec. 2324. "The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...of limitation applies after patent, then the owner must use the same diligence in protecting his possession after patent as before. In that case an adverse possession of one year would bar the owner of his remedy. In general, any possession is adverse which is open, exclusive, continuous and manifested by acts which show a claim of ownership, such as mining or enclosing the ground. The possession of a tenant who holds over after the expiration of his tenancy does not begin to be adverse until the lapse of ten years from the expiration of his term in the case of a written lease, or from the last payment of rent where the lease is unwritten.--Code Civ. Pro., Sec. 491. An action for a trespass in underground works upon a mining claim is barred in two years from the time when the owner discovers the trespass.--Code Civ. Pro., Sec. 524. Inspection And Survey Of Mines.--Whenever any person has an interest in a mining claim in the possession of another, or when the inspection of an adjoining claim in the possession of another is necessary to ascertain, protect or enforce his rights in his own claim, he may make a demand in writing upon such other person for an inspection and survey, and if refused, may file a petition in the District Court of the county, setting forth the facts, and obtain from the court an order permitting such examination and survey.--Code Civ. Pro., Sec. 1317. ANNUAL LABOR. United States Law. Revised Statutes, Sec. 2324. "The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requ...
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