Page images

construed to prohibit gratuitous services of druggists or other persons in cases of emergency, or the domestic administration of family remedies, and this act shall not apply to commissioned surgeons of the United States army or navy in the discharge of their official duties, nor shall it apply to professional or other nurses in the discharge of their duties as nurses, nor to physicians who are called into this state for consultation, and who are legally qualified to practice in the state where he or she resides. In charging any person in an affidavit, information or indictment with a violation of this act by practicing medicine, surgery or obstetrics without a license, it shall be sufficient to charge that he or she did, upon a certain day, and in a certain county of this state, engage in the practice of medicine, he, or she, not having a license to do so, without averring any further or more particular facts concerning the same. 2371. Practicing without license, misdemeanor-Penalty-Proceedings

at law. SEC. 14. Any person who shall practice medicine, surgery or obstetrics in this state without first complying with the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than two hundred dollars, or by imprisonment in the county jail for not less than fifty days, nor more than one hundred and eighty days, or by both such fine and imprisonment for each and every such offense. Any person may institute proceedings at law provided for in this act. 2372. False impersonation, penalty for.

Sec. 15. Every person filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself to be the person named in such certificate, or falsely claiming himself to be the person entitled to the same, shall be guilty of felony, and, upon conviction thereof, shall be punished by imprisonment in the state prison not less than one year nor exceeding five years. 2373. Issuing false certificate, penalty for.

SEC. 16. Any person assuming to act as a member of a state board of medical examiners, or who shall sign, or subscribe, or issue or cause to be issued, or seal or cause to be sealed, a certificate authorizing any person to practice medicine or surgery in this state, except the person so acting and doing shall have been appointed a member of said board of medical examiners as in this act provided, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than sixty nor more than one hundred and eighty days, or by both such fine and imprisonment. 2374. Registration tee-Free to certain persons-Proviso.

Sec. 17. Every person practicing medicine, surgery or obstetrics in the State of Nevada on the first Monday of May, 1905, shall submit to the said board his or her, diploma for registration, and a fee of twenty-five ($25) dollars shall accompany such diploma; provided, that the owner of such diploma shall, if he or she was practicing medicine, surgery or obstetrics prior to the passage of the act approved March 15, 1899, and has not complied with said act of March 15, 1899, pay a fee of five ($5) dollars for such registration, but said person shall submit to the board said diploma on the first Monday of May, 1905; provided further, that all persons who have complied with the act of March 15, 1899, shall be entitled to full registration by the said board of medical examiners, and nothing in this act shall be construed to prevent such registration, and the secretary of said board shall enter free of all charge, upon the record book of said board, the names of all persons who have complied with the act of March 15, 1899. And be it further provided, that a certificate of registration or license issued by the proper examining board of any state, which agrees on reciprocal registration with this state, may be accepted as evidence of qualification for reciprocal registration in this state; provided, that the holder of such certificate was, at the time of such registration, the legal possessor of a diploma issued by a medical college in good standing in this state, and that the date thereof was prior to the passage of this act.



General mining laws of the United States relating to lode and placer claims, tunnels and millsites, appearing in United States Revised Statutes, sections 2375–2391, 2396–2107.

Amendment of 1875, providing that money expended on tunnel shall be considered as expended on claim, section 2382.

Amendment of 1882, providing that adverse claims may be verified by agents and affidavit of citizenship of applicants for mineral patents may be made out of district, section 2381.

Act extending to saline lands the laws relating to placer locations, section 2392.

Act authorizing entry of land valuable for building stone, under the placer mining laws, section 2393.

Act of February 11, 1897, authorizing entry of lands containing petroleum and other mineral oils under the laws relating to placer locations, section 2394.

Act of February 12, 1903, providing that the annual assessment work on oil lands may be done on any one of a group of not more than five claims, section 2395.

United States laws relating to coal lands, sections 2408–2413.

Act authorizing use of timber on public domain for mining and domestic purposes, approved June 3, 1878, sections 2414–2416.

Act restricting entry under all land laws to 320 acres and reserving right of way for government canals, section 2417.

Act modifying the last-named act so as to allow the acquiring of mines in addition to 320 acres of other land, and regarding townsite entries on mineral lands, sections 2418, 2119.

Act of June 4, 1897, relating to forest reserves, mineral and agricultural lands therein and the use of timber and stone thereon, and rights of settlers, section 2420.

Act for refunding certain payments made by applicants for mineral surveys, approved February 24, 1909, section 2421. 2375. Possessory actions for recovery of 2386. Pending applications-Existing rights. mining titles or damages.

2387. Placers subject to entry similarly to 2376. Mineral lands reserved.

lodes-Conformity of to surrers2377. Mineral lands open to location-Regu

Limits of. lations.

2388. Subdivisions of ten-acre tracts-Vaxi. 2378. Dimensions of mining claims upon

of placer locations-Preveins or lodes-End lines must be

emption and homestead claims not parallel.

impaired. 2379. Proof of citizenship.

2389. Conformity of placer claims to sur2380. Locators' rights-Surface and veins

veys-Limitations of clains, apexing on claim.

2390. What evidence of possession to estab2381. Owners of tunnels, rights of.

lish right to patent--Statute limi2382. Money expended on tunnel considered

tations-Liens not impaired by the expended lode — Period for

patent. annual work.

2391. Proceedings for patent for placer 2383. Patents for mineral lands, how obtained.

claims containing lode. 2384. Adverse claim—Proceedings on affi- 2392. Mining laws extended to saline lands.

davits of citizenship or of applicant 2393. Entry of lands chiefly valuable for out of district.

building stone under the placer min2385. Description of vein-Claims on

ing laws. veyed and unsurveyed lands- 2394. Entry of lands containing petroleum Monuments on patented claims con

and other mineral oils under the trol.

placer mining laws of the l’nited States.







2393. Annual labor may be done on one for 2409. Persons in possession making improvenot more than five contiguous oil

ments have preference of entry. claims.

2410. Time for filing claims. Surveyor-general to appoint surveyors 2411. Only one entry allowed-Time for of mining claims-Fixing and sworn

proof and payment. statement of charges.

2412. Conflicting claims--Preference-Comerification of affidavits-Contest and

missioner may make rules. proof as to character of land. %99 Where veins intersect-Right of way.

2413. Prior rights not impaired-Mines of

gold, silver or copper excluded. 399. Patents for nonmineral lands for mill- 2414. Timber may be felled subject to regusites.

lations of secretary of interior. 2400. Conditions may be made by local legis- 2015. Register and receiver to ascertain if lature.

timber is being cut for unauthor2401. Vested rights of water-Rights of way

ized purposes. for canals.

2416. Penalty for violation. 2:02. Patents, preemptions and homesteads 2417. Reservations in patents for rights of subject to vested and accrued water

way for ditches and canals. rights.

2418. Townsites on mineral lands author103. Mineral lands in which no valuable

ized-Possessors of veins protected. mines are diseovered open to home- 2419. Lands entered under the mineral laws steads.

not included in restriction to 320 2104. When lands may be set apart as agricultural lands.

2420. Forest reservations, when to be estab2403. Additional land districts and officers

lished; valuable mineral lands not Power of president to provide.

to be included--Use of timber and 2406. Provisions of this chapter not to affect

stone by settlers and minersacquired rights or Sutro Tunnel.

Egress and ingress of settlers within 2407. Grant of lands to states or corpora

reservations-Restoration of mintions not to include mineral lands.

eral or agricultural lands to public 2:05. Entry of coal lands.

domain. 2421. Repayment of deposits for mineral sur

veys. For schedule of state mining laws, see section 2422.

The following subsection numbers are from United States Revised Statutes: 2375. Possessory actions for recovery of mining titles or damages.

Sec. 910. No possessory action between persons, in any court of the l'nited States, for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie is in the United States, but each case shall be adjudged by the law of possession.

The following cases refer to this section: ('on. M. Co. v. Enterprise M. Co., 53 Fed. Ilarris v. Kellogg, 117 Cal. 489; Duffy v. 321; Davidson v. Calkins, 92 Fed. 230; Mix, 24 Ore. 265; Duggan v. Davey, 4 Dak. Aurora Hill Con. M. Co. v. Eighty-Five M. 1'0; Belk v. Meagher, 104 U. S. 283; Gillis ('o. 34 Fed. 520. 1. Downey, 85 Fed. 486; Fulkerson v. See Fed. Stat. Anntd. vol. 5, p. 35, cases Chisma M. Co., 122 Fed. 784; Rico Aspen and notes. 2376. Mineral lands reserved.

SEC. 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law (Title XXXII, chapter 6, Revised Statutes of the United States).

('ited, Merrill v. Dixon, 15 Nev, 407; South 42.5, 73 P. 936; Alaska Gas M. Co. v. BarEn M. Co. v. Tinney, 22 Nev. 19 (35 P. 89). bridge, 1 Alaska, 311; Lynch v. U. S., 138

General interpretation. Davis v. Weib- Fed. 535; Heine v. Roth, 2 Alaska, 416. bolii, 139 l'. S. 516; Reynolds v. Iron Silver Mineral value question of fact. Standard M. ('o., 116 U'. S. 693; Kas. City M. Co. v. Quicksilver Co. v. Habishaw, 132 Cal. 115. Clav, 29 P. 9; Deffeback v. Hawke, 115 Purchase by fraud. U. S. v. Culver, 52 U.S. 102.

Fed. 81. Character of lands reserved. Merrill v. See, also, Lindley on Mines, 2d ed., secs. Dixon, 15 Ver. 406; Heil v. Martin, 71 S. W. 47, 86, 136-139, 140, 152, 154, 155; Cent. 14; Bay v. Okl. S. Gas & M. Co., 13 Okl. Dig. vol. 34, title, Mines and Mining, secs.

1, 2. 2377. Mineral lands open to location-Regulations.

SEC. 2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.

See state law, sec. 2422.

U. S. R. S., secs. 2318-2346 cited, Golden not locate. Hand v. Cook, 29 Nev. 518, 92 Fleece Co. v. Cable Con. Co., 12 Nev. 322; P. 3; Lavagnino v. Uhlig, 26 Utah, 1, 71 P. Merrill v. Dixon, 15 Nev. 407; Gleason v. 1046, 198 U. S. 443, 49 L. Ed. 1119. Mining ('o., 13 Nev. 455; Hand v. Cook, 29 Private corporations may locate. V. S. Nev. 518; Nash v. McNamara, 30 Nev. 114, V. Trinidad Coal Co., 137 U. S. 160; JcKin. 128, 137.

ley v. Wheeler, 130 U. S. 630; also, 32 L. Requisites for valid location under sec. Ed. 1048; Thomas v. Chrisholm, 13 Colo. 105, 2319-Statute construed generally. Trap- 21 P. 1019; N. Noonday M. Co. v. Orient M. haagen v. Kirk, 77 P. 58; St. Louis M. Co. Co., 1 Fed. 522, 6 Sawy. 299; 34 Cent. Dig., v. Montana M. Co., 194 L. S. 235, 48 L. Ed. Mines and Minerals, sec. 14. 953; Steele v. Tanana M. Co., 148 Fed. 678; Minor may locate. Thompson v. Spray, Bulette v. Dodge, 2 Alaska, 427.

72 Cal. 531. The majority of the court in Hand v.. Abandonment, rights of junior and senior Cook, 29 Nev. 518, held that under the U.S. locators. Nash v. McNamara, 30 Ner, 114, Rev. Stats., sec. 452, providing that “the 93 P. 405. officers, clerks and employees in the general Location by alien voidable. Ferguson . land office are prohibited from directly or Neville, 61 Cal. 356; Manuel v. Wulff, 152 indirectly purchasing or becoming interested U. S. 505, 46 L. Ed. 331; McKinley Creek M. in the purchase of any of the public lands," Co. v. Alaska United M. Co., 183 U. S. 563; a U. S. deputy mineral surveyor is not pro- Billings v. Aspen M. Co., 51 Fed. 338; Gorhibited from locating a mining claim.

man M. Co. v. Alexander, 2 S. D. 557; North The contrary view is taken by the ninth Noonday M. Co. v. Orient M. Co., 1 Fed. 522, circuit court of appeals in Waskey v. Flam- 6 Sawy. 299; Croesus M. Co. v. Colo. Land mer, 170 Fed. 31, and by the supreme court & Mineral Co., 19 Fed. 78; Anthony v. Jillof Utah in Lavagnino v. Uhlig, 26 Utah, 1, son, 83 Cal. 296, 23 P. 419; Lee v. Justice 71 P. 1046.

M. Co., 2 Colo. App. 112, 29 P. 1020; RosenTitle by occupancy.

Burns v. Clark. 133 thall v. Ives, 2 Ida ho, 244, 12 P.904; Bohanon Cal. 634.

V. Howe, 2 Idaho, 417, 17 P. 583; Golden Property rights in. Forbes v. Gracey, 94 Fleece M. Co. v. Cable Consol. M. Co., 12 Ul. S. 766; Gorman M. Co. v. Alexander, 2 Nev. 312; Shea v. Nilima, 133 Fed. 209; S. D. 557; Mt. Rose M. Co. v. Palmer, 26 Stewart v. Gold and Copper Co., 29 Utah, Colo. 56; Cent. Eureka M. Co. v. East Cent. 143, 82 P. 475. Eureka M. Co., 146 Cal. 147, 79 P. 834, Conflict of state and federal legislationaffirmed, 204 U. S. 266, 51 L. Ed. 476; Reed validity of state regulations. Butte City v. Munn, 148 Fed. 737 (see Ibex M. Co. v. Water Co. v. Baker, 196 U. S. 119, 49 L. Ei. Same, and Munn v. Ibex).

409; Mares v. Dillon, 75 P. 963; Wright v. Deposits distinguished from land. Water- Lyons, 77 P. 81. See, also, note in 11 loo M. Co. v. Doe, 82 Fed. 45. But see St. L. R. A. 528. Lindley on Mines, 2d ed., Louis M. Co. v. Montana M. Co., 113 Fed. secs. 85-89, 223, 224-226, 227, 231-234, 237, 900.

238, 242-244, 249, 250, 268-275, 323, 419-425: Building stone valuable deposit. Sullivan Cent. Dig. vol. 34, title, Mines and Miner. v. Schultz, 22 Mont. 541; Johnson v. Har- als, sec. 15; Fed. Stats. Anntd. vol. 5, p. 35, rington, 5 Wash. 78. But see Wheeler v. cases and full notes. Smith, 5 Wash. 704; N. P. R. R. v. Soder- The rights of a locator of a mining claim berg, 188 U. S. 534.

on a forest reserve under act of Congress of Lands withdrawn from sale. Lockhart v. June 4, 1897, c. 2, Stats. 34 (U. S. Comp. Johnson, 181 U. S. 520.

Stats. 1901, p. 1538), are those of a locator Location of lode after patent of placer on the public domain, under Rev. Stats. sec. claim. Mutchinor v. McCarty, 149 Cal. 603, 2322 (U. S. Comp. Stats. 1901, p. 1495). 87 P. 85.

United States v. Rizzinelli (D. C.), 182 Fed. Certain government officials may or may 675. 2378. Dimensions of mining claims upon veins or lodes-End lines must

be parallel. SEC. 2320. Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, 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; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other.

Cited, Fox v. Myers, 29 Nev. 169; Golden 113 U. S. 536; Tuolumne Consol. M. Co. v. Fleece Co. v. Cable Con. Co., 12 Nev. 323; Vaier, 134 Cal. 585; Ledoux v. Forester, 94 Gleason v. Mining Co., 13 Nev. 442.

Fed. 600; Michael v. Mills, 22 Colo. 439, 15 Mining claim defined, section construed. P. 429; Guennell v. Swain, 28 Mont. 331; N. P. R. R. Co. v. Sanders, 49 Fed. Rep. 129, Upton v. Larkin, 7 Mont. 449, 17 P. 728; a tlirmed (1897), 166 U. S. 620; St. Louis Lockhart v. Farrell, 86 P. 1077; New Eng. Smelting Co. v. Kemp, 104 U. S. 649; Zollars & Colinga Oil Co. v. Congdon, 92 P. 180; 1. Evans, 5 Fed. 172; Noyes v. Clifford, 94 P. Biglow v. Conradt, 159 Fed. 868; Johnson 812.

v. White, 160 Fed. 901; Merced Oil M. Co. “Veins," "Lodes," "Rock in Place"--Terms v. Patterson, 96 P. 90; Whiting v. Straup, defined and statute construed. Synnott v. 95 P. 849, affirmed in 144 U. S. 19, 36 L. Shaughnessy, 2 Idaho, 127; Blue Bird M. Co. Ed. 330; Shoshone M. Co. v. Rutter, 87 Fed. V. Largey, 49 Fed. 289; Hays v. Lavagnino, 801, reversed on other points, 177 U. S. 505; 17 U'tab, 185; Eureka Con. M. Co. v. Rich- Gwillim v. Donnellan, 115 U. S. 45, 29 L. mond M. Co., 4 Sawy. 302, affirmed, Rich- Ed. 348; N. Noonday M. Co. v. Orient M. mond M. Co. v. Eureka M. Co., 103 U. S. 839, Co., 1 Fed. 522; Jupiter M. Co. v. Bodie 26 L. Ed. 557; Gregory v. Persh baker, 73 ('onsol. M. Co. 11 Fed. 666; Van Zandt v. (al. 109, 14 P. 401; Stevens v. Williams, 1 Argentine M. Co., 8 Fed. 725; Cheesman v. MeCrary (l'. S.), 480; Hyman v. Wheeler, Shreeve, 40 Fed. 787; Waterloo M. Co. v. 29 Fed. 347; Iron Silver M. Co. v. Sullivan, Doe, 56 Fed. 685; Book v. Justice M. Co., 16 Fed. 829; Leadville M. Co. v. Fitzgerald, 58 Fed. 106; Field v. Grey, 1 Ariz. 404, 25 15 Fed. Cas. No. 8,158; Tabor v. Dexter, 23 P. 793; Wolfley v. Lebanon M. Co., 4 Colo. Fed. (as. No. 13,723; Mt. Diablo M. Co. v. 112; Armstrong v. Lower, 6 Colo. 393; Moyle Callison, Fed. Cas. No. 9,886, 5 Sawy. 439; v. Bullene, 7 Colo. App. 308, 44 P. 69; Atkins Stevens v. Gill, Fed. Cas. No. 13,398; N. v. Hendree, 1 Idaho, 95; Burke v. McDonald, Noonday M. Co. v. Orient M. Co., 1 Fed. 522, 2 Idaho, 1022, 29 P. 98: Wenner v. McNulty, 6. Sawy: 299; Jupiter M. Co. v. Bodie Consol. 7 Mont. 30, 14 P. 643; Shreve v Copper M. Co., 11 Fed. 666, 7 Sawy. 96; Iron Silver Bell M.Co.,11 Mont,309,28 P.315; McShane M. Co. v. Cheesman, 8 Fed. 292, 2 McCrary, v. Kenkle, 18 Mont. 208, 44 P. 979; Overman 191; Book v. Justice M. Co., 58 Fed. 106; S. M. Co. v. Corcoran, 15 Nev, 147; Creede Consol. Wyo. G. M. ('o. v. 63 Fed. 540; Burke v. MeDonald, 2 Idaho,

Champion M. Co., & Cripple Cr. M. Co. v. Unita Tunnel M. Co.,

119 Fed. 164, affirmed, 196 V'. S. 337, 49 L. 646, 33. P. 49; Harrington v. Chambers, 3 Ed. 501; Sharkey v. Candiana, 85 P. 219; ['tah, 94, 1 P. 362; Buffalo Zinc & Copper Co.

Score v. Griffin, 80 P. 331; Remer v. Schro1. Crump, 70 Ark. 525, 69 S. W. 572; Score der, 146 Cal. 411, 80 P. 517; Sullivan v. V. Griffin, 80 P. 331; Grand Cent. M. Co. v. Mammoth M. Co., 29 Utah, 490, 83 P. 648;

Sharp, 33 Colo. 346, 80 P. 1054; Grand Cent.

M. Co. v. Mammoth M. Co., 29 Utah, 490, 83 Webb v: American Asphaltum M. Co., 157

P. 648; Barnett v. Freeman, 2 Alaska, 286; Fed. 203; Noves v. Clifford, 94 P. 842. See

Redden v. Harlan, 2 Alaska, 402; Daggett ent. Dig. vol. 34, title, Mines and Minerals,

v. Yreka M. Co., 149 Cal. 357, 86 P. 968; sec. 22.

Steele v. Tanana M. Co., 148 Fed. 678; Lange Requisites of title-Discovery and mark

v. Robinson, 148 Fed. 799; Fox v. Myers, 29 €308; Beals v. Cone, 27 Colo. 484; Pardee v. Erwin v. Perego, 93 Fed. Nev. 169, 86 P. 793; New Eng. & Colinga

Cij Co. v. Congdon, 92 P. 180. Vurry, 4 Mont. 234; Enterprise M. Co. v. The vein or lode must contain mineral with Kico Aspen Consol. M. Co., 167 U. S. 115; Argentine M. Co. v. Terrible M. Co., 122, U. S.

a prospective commercial value. McShane

v. Kenkle, 18 Mont. 208; Bonner v. Meikle, Nackay, 1 Alaska, 329; Unita Tunnel M.

Costello, 68 P. 529; Fox v. 82 Fed. 697; Shreve v. Copper Bell M. Co., '0. V. Ajax G. M. Co., 141 Fed. 563; Sharkey

11 Mont. 309; Mont. Cent. R. Co. v. Migeon, Candiani, 85 P. 219; Barnette v. Freeman,

68 Fed. 811, aflirmed, 77 Fed. 249; Book v. Alaska, 286; Redden v. Harlan, 2 Alaska,

Justice M. Co., 58 Fed. 106; Muldrick v. 12; Bullette v. Dodge, 2 Alaska, 427; Charl

Brown, 37 Ore. 185; Nev, Sierra Oil Co. v. tan v. Kelly, 2 Alaska, 532; Steele v. Tan.

Home Oil Co., 98 Fed. 676; King v. Amy M.

ing boundaries.

+94; Shattuck v.

a da M. Co., 148 Fed. 678; Healy v. Rupp: 37

Co., 152 U. S. 227; Upton v. Larkin, 7 Mont. "olo. 25, 86 P. 1015; Fox v. Myers, 29 Nev.

449, 17 P. 728; Ormond v. Granite Mt. M.

Co., 11 Mont. 303, 28 P. 289; Davidson v. Discovery must show “vein" or "lode in

Bordeaux, 15 Mont. 245, 38 P. 1075; Walsh lace." King v. Amy M. Co., 152 U. S. 227;

v. Mueller, 16 Mont. 180, 401 P. 292; Sou. Such v. Jones, 70 P. 951; Erhardt v. Boaro,

Cross G. & S. M. Co. v. Europa M. Co., 15
Nev. 383; Harrington v. Chambers, 3 Utah,

169, 86 P. 793.

« PreviousContinue »