Mines and Mining: A Commentary on the Law of Mines and Mining Rights, Both Common Law and Statutory; with Appendices Containing the Federal Statute and the Statutes of the Western States and Territories Relating to Mining for Precious Metals on the Public Domain, and Forms for Use in Application for Patent and Adverse Suits, Հատոր 1

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SUPPLEMENTAL STATE LEGISLATION
84
CHAPTER VII
90
PART III
102
Same Petroleum and natural gas mineral and part of the soil 147 Salt springs lakes ponds and saline lands
120
CHAPTER 1
121
CHAPTER II
123
court
126
Preliminary observations
131
Historical summary of mining
132
Precious metal mining in California
133
Mining Definition
134
Hydraulic and placer mining Lawful enterprise Debris to be cared
135
Mining in SpanishAmerica and Mexico
136
Mining in England
137
Early mining of copper
138
Lead zinc iron and coal
139
Mine Definition
140
The old distinction between mine and quarry
141
OF RESERVATIONS AND GRANTS LAND OPEN
142
CHAPTER II
150
CHAPTER III
157
CHAPTER V
165
The statutes reviewed reserving minerals from townsite patents
178
STATE GRANTS FOR EDUCATIONAL AND OTHER PURPOSES
184
Effect of State Renunciation
196
PART V
207
CHAPTER II
217
CHAPTER III
223
WHEN BY WHOM AND HOW CITIZENSHIP MAY BE QUES
232
LOCATION BY AGENTS AND MINORS
238
Similar conditions in Canada 282 Definition of lode ledge vein General observations The statute Terms often synonymous Definitions should be b...
243
Other broad definitions legal technical and scientific Origin of the term lode Equivalents used elsewhere
250
SameScientific and special definitions
251
285 Other definitions by many of the great mining judges All forms of rock in place covered by vein or lode
252
Further definitions Broad vein cases and zone theory
256
Definition of in place
257
Definition of strike or course Along the vein
258
Same subject Strike or course of the vein as understood by the miners and as defined by the judges in the mining states
260
AMENDMENTS AND ADDENDA
396
PART VIII
405
A location constitutes grant 452 Possession must be followed by valid location or it is not effect ive The right also comes from a valid location 453 ...
406
Possessory rights equal to patent so long as the law complied
432
OF ANNUAL LABOR AND ASSESSMENT WORK 475 The statutory requirements Definitions 476 The statute had its birth in the customs of the ...
437
with
450
Possessory actions maintainable Property in the highest sense of the term
467
Estate of inheritance May be selected as a homestead May be sold on execution
468
Overlapping locations
469
No dower interest attaches in mines before patent
470
CHAPTER III
472
Definitions of abandonment and forfeiture as used in mining 509 Definitions of abandonment
473
ARTICLE
481
Relation of coowners as to assessment work Similar to estop
490
Notice Manner of making and serving
496
ARTICLE
510
Where wouldbe relocator has conveyed claim Estoppel
515
State statutory provisions as to annual labor
533
OF THE GENERAL JURISDICTION OF THE LAND DEPART
534
OF THE SECRETARY OF THE INTERIOR AND HIS SUPERVIS
540
SURVEYORGENERAL
547
general
552
CHAPTER II
562
Application under the statute of limitations 673 Effect of application for patentSegregates land applied for from public domain 674 Similarities of sta...
563
ARTICLE B Of the Adverse Claim Including Contents Sufficiency and Time and Manner of Filing 8 675 Distinction between adverse claims and pro...
585
Protest Nature of the proceeding When may be made
595
CHAPTER III
607
Pleadings The complaint
615
ARTICLE C
621
CHAPTER IV
632
Order of filing Application to follow with diligence
650
CHAPTER V
654
PART XI
660
Of the Rights Arising Under the Laws of 1866 and of Parallelism
668
Of the Enlargement Perpetuation or Restriction of Apex Rights Under
674
ARTICLE D
686
ARTICLE
706
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Common terms and phrases

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Էջ 675 - 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.
Էջ 170 - State, and whenever, on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from preemption, or other claims or rights, at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the Commissioner of the General Land Office...
Էջ 263 - ... 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 to exist, discovered in such tunnel, to the same extent as if discovered from the surface ; and locations on the line of such tunnel...
Էջ 482 - ... labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners...
Էջ 441 - ... [Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two.
Էջ 214 - 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...
Էջ 119 - That any person authorized to enter lands under the mining laws of the United States may enter and obtain patent to lands containing petroleum or other mineral oils, and chiefly valuable therefor, under the provisions of the laws relating to placer mineral claims...
Էջ 485 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.
Էջ 682 - Speaking exactly by this definition, it would often be very difficult If not impossible, for the challenged proprietor of a mineral vein to convince a Jury of the continuity of the vein from one part to another, for there might not be continuity by actual contact of the parts or contiguity, which the precise...
Էջ 370 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the 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. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year.

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