A Treatise on the American Law Relating to Mines and Mineral Lands Within the Public Land States and Territories and Governing the Acquisition and Enjoyment of Mining Rights in Lands of the Public Domain, Volume 2Bancroft-Whitney Company, 1897 - 1526 pages |
From inside the book
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Page 725
... owner of the " claim would unquestionably have the right to follow the " vein on its dip , beyond the vertical plane of the side line . " But if it were not , and the original location was the only 66 Last Chance M. Co. v . Tyler M. Co ...
... owner of the " claim would unquestionably have the right to follow the " vein on its dip , beyond the vertical plane of the side line . " But if it were not , and the original location was the only 66 Last Chance M. Co. v . Tyler M. Co ...
Page 726
... owner of real estate owns all above and below " the surface , and no more ? Or may the court rely upon some equitable doctrine and give to the owner of the " vein the right to pursue it on its dip in whatever direc- " tion it may go ...
... owner of real estate owns all above and below " the surface , and no more ? Or may the court rely upon some equitable doctrine and give to the owner of the " vein the right to pursue it on its dip in whatever direc- " tion it may go ...
Page 753
... owner of a prior location all of the vein which may be found within the vertical planes drawn through those boundaries . We have heretofore endeavored to show , that according to the spirit and intent of the existing law the owner of a ...
... owner of a prior location all of the vein which may be found within the vertical planes drawn through those boundaries . We have heretofore endeavored to show , that according to the spirit and intent of the existing law the owner of a ...
Page 801
... owner or owners of such claim to show that such work has been done according to law . Ordinarily the burden of proof rests with the party charging a forfeiture , to show that the work has not been performed by the previous locator ...
... owner or owners of such claim to show that such work has been done according to law . Ordinarily the burden of proof rests with the party charging a forfeiture , to show that the work has not been performed by the previous locator ...
Page 813
... owners to " contribute his proportion of the expenditures required " hereby , the co - owners who have performed the labor or " made the improvements may , at the expiration of the year , give such delinquent co - owner personal notice ...
... owners to " contribute his proportion of the expenditures required " hereby , the co - owners who have performed the labor or " made the improvements may , at the expiration of the year , give such delinquent co - owner personal notice ...
Other editions - View all
Common terms and phrases
acres action adverse claim adverse claimant affidavit annual labor apex application for patent California Cathey character co-owners coal Colo Copp's L. O. cotenant Coulterville course deposits discovery shaft doctrine dollars easements end lines entry exist extralateral right facts filed forfeiture grant ground hereby heretofore hundred feet hydraulic mining Idaho improvements issued jurisdiction land department land office ledge legislation limits location certificate lode claim Mariposa county marked ment millsite mineral mineral lands mining claim mining district mining laws Mont monument nonmineral original locator owner parties performed person placer claim placer mining placer patent plat preliminary notice prior proof public lands purchase purpose quartz reference regulations relocation Revised Statutes rule Rules of construction section twenty-three hundred side lines Stats supreme court surface boundaries survey territory thereof tion tunnel United vein or lode vertical planes drawn
Popular passages
Page 1139 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 1117 - 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.
Page 1158 - 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.
Page 1157 - 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...
Page 1149 - Surveyor-General that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous...
Page 1149 - ... shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent...
Page 1162 - 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...
Page 802 - ... may, at the expiration of the year, give such delinquent coowner 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...
Page 961 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits...
Page 939 - ... filing his claim, to commence proceedings, in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.