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it would be a fraud upon him to allow the true state of facts to

be proved.

When invoked in respect to the title of property, to constitute an estoppel it must appear:

1. That the party making the admission by his declarations or conduct was apprised of the true state of his own title;

2. That he made the admission with the express intention to deceive, or with such careless or culpable negligence as to amount to constructive fraud;

3. That the other party was not only destitute of all knowledge of the true state of the title, but of all convenient or ready means of acquiring such knowledge by the use of ordinary diligence; and,

4. That he relied directly upon such admissions, and will be injured by allowing its truth to be disproved.

Martin v. Zellerbach, 38 Cal. 300; Boggs v. Merced M. Co., 14 Id. 367. When there is a protest, contest, and trial, and the court adjudges that the title to the land is not in the state of California, and that neither party has the right to purchase the land from the state, the applicant is ever afterwards estopped from saying that there was title to such land in the state at the date of such judgment; and inasmuch as the question of title in the general government was also an issue in the case, the applicant is also estopped from denying that the title was in the United States at that time.

Thompson v. True, 48 Cal. 601.

What Constitutes an Estoppel in Pais.-The effect of the doctrine of equitable estoppel is to withdraw title to realty from the operation of the statute of frauds, to leave it resting in parol, to preclude its assertion by evidence less conclusive, less certain, and more liable to the taint of human imperfections than the written evidence required by the statute, and in this view its enforcement should be carefully guarded and unhesitatingly refused, except where all the elements of an estoppel are present.

To constitute such an estoppel, there must be:

1. A representation or concealment of material facts.

2. The representation must have been made with knowledge of the facts.

3. The party to whom it was made must have been ignorant of the truth of the matter.

4. It must have been made with the intention that the other party should act upon it.

5. The other party must have been induced to act upon it. There are qualifications to the second and fourth propositions. The second is true unless the party making the representations was bound to know the facts, or ignorance of them was the result of gross negligence. The fourth is true with the qualification that gross and culpable negligence upon the part of the party sought to be estopped, the effect of which is to work a fraud on the party setting up the estoppel, supplies the place of intent.

Patterson v. Hitchcock, 3 Col. 533; Henshaw v. Bissell 18 Wall 271.

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§ 641.

Subjects upon Which Miners may Make Regulations; Conditions Same are Subject to; What Miners' Records shall Contain; Annual Expenditures; Forfeiture and Right of Relocation; Mode of Forfeiture for Failure of Co-owners to Contribute to Annual Expenditures.

§ 642. Patents for Mineral Lands, how Obtained; Authority for Agents to Make Applications and Affidavits.

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§ 644. Description of Vein Claims on Surveyed and Unsurveyed Lands. § 644 a. Pending Applications, Existing Rights.

§ 644 b. Conformity of Placer Claims to Surveys, Limit of.

§ 645. Subdivisions of Ten-acre Tracts; Maximum of Placer Locations.

§ 646. Conformity of Placer Claims to Surveys, Limitation of Claims. What Evidence of Possession, etc., to Establish a Right to a Patent. Proceedings for Patent for Placer Claims, etc.

§ 647.

§ 648.

§ 649.

Surveyor General to Appoint Surveyors of Mining Claims, etc.

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§ 653.

What Conditions of Sale may be Made by Local Legislature.

§ 654.

Vested Rights to Use of Water for Mining, etc.; Right of Way for
Canals.

§ 655. Pre-emption and Homestead Patents Subject to Vested and Accrued

Water Rights.

§ 656. Mineral Lands in Which No Valuable Mines are Discovered Open to

Homesteads.

Mineral Lands, how Set Apart as Agricultural Lands.

§ 657.

§ 658.

Additional Land Districts and Officers, Power of the President to
Provide.

§ 659.

Provisions of this Chapter not to Affect Certain Rights.

§ 660.

Mineral Lands in Certain States Excepted.

§ 661.

§ 662.

Deposits of Coal, Iron, and Lead in Missouri and Kansas Excepted.
Grants of Lands to States or Corporations not to Include Mineral
Lands.

§ 663. Entry of Coal Lands.

§ 664. Pre-emption of Coal Lands.

§ 665. Pre-emption Claims of Coal Lands to be Presented within Sixty

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§ 635. Mineral Lands Reserved.—In all cases, lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law.

14 Stat. 86; 18 Id. 476; R. S. 2318.

§ 636. Mineral Lands Open to Purchase by Citizens.—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 their intention to become such, under regulations prescribed by law, and according to the local customs and 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.

17 Stat. 91; 19 Id. 52; R. S. 3319.

§ 637. Length of Mining Claims upon Veins or Lodes.-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, 1872, 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 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, 1872, render such limitation necessary. The end lines of each claim shall be parallel to each other.

17 Stat. 91; 19 Id. 52; R. S. 2320.

$638. Proof of Citizenship.-Proof of citizenship, under this chapter, may consist, in the case of an individual, of his own affidavit thereof; in the case of an association of persons

unincorporated, of the affidavit of their authorized agent, made on his own knowledge, or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any state or territory thereof, by the filing of a certified copy of their charter or certificate of incorporation.

17 Stat. 94; 19 Id. 52; R. S. 2321.

§ 639. Locators' Rights of Possession and Enjoyment.-The locators of all mining locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, 1872, so long as they comply with the laws of the United States, and with state, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward, as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. No possessory action between individuals, in any court of the United 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 on which such mines are, is in the United States, but each case shall be adjudged by the law of possession.

13 Stat. 441; 17 Id. 91; 19 Id. 52; R. S. 910, 2322.

§ 640. Owners of Tunnels, Rights of.-Where a tunnel is runfor the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known.

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