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 1

Front Cover
Bancroft-Whitney Company, 1897 - 1526 pages

From inside the book

Contents

FROM THE DISCOVERY OF GOLD
44
Legislative and judicial recognition by the state
50
FROM THE PASSAGE
60
PERPETUATION OF THE ESTATE BY ANNUAL DEVELOP
63
Relationship of surface to the lode
64
Local rules and customs after the passage of the
71
New provisions affecting both classes of claims
78
TITLE III
87
English denotation Mine and mineral in their primary sense 289 Enlarged meaning of mine
89
The act of July 26 1866
92
Mine and mineral indefinite terms
93
Mineral as defined by the English and Scotch authorities
95
The right of lateral support as applied to mines worked by hydrau
97
English rules of interpretation
98
Substances classified as mineral under the English decisions
99
American cases defining mine and mineral
101
Mineral lands as defined by the American tribunals
105
Interpretation of terms by the land department 96 American rules of statutory interpretation
113
Substances held to be mineral by the land department
114
Rules for determining mineral character of land
116
THE PUBLIC SURVEYS AND THE RETURN OF THE SURVEYORGENERAL 102 No general classification of lands as to their character
117
Geological surveys 104 General system of land surveys 105 What constitutes the surveyorgenerals return
118
Prima facie character of land established by the return
119
Character of land when and how established
123
STATUS OF LAND AS ΤΟ TITLE AND POSSESSION ARTICLE I
124
MEXICAN GRANTS 114 Ownership of mines under Mexican law 115 Nature of title conveyed to the United States by the treaty
125
Obligation of the United States to protect rights accrued prior to the cession
127
Adjustment of claims to Mexican grants in California
128
Adjustment of claims to Mexican grants in other states and terri tories
129
Claims to mines asserted under the Mexican mining ordinances
130
Status of grants considered with reference to condition of title 121 Grants sub judice
131
Different classes of grants
132
Grants of the first and third classes
133
Grants of the second class commonly called floats
134
Grants confirmed under the California
136
Grants confirmed by direct action of congress
140
Grants which have been or may be finally confirmed under the act of March 3 1891 situated in Colorado Wyoming Utah
145
Conclusions
147
GRANTS TO THE STATES FOR EDUCATIONAL AND INTERNAL IMPROVEMENT PURPOSES 132 Grant of sixteenth and thirtysixth sections 1...
148
Conflicts between mineral claimants and purchasers from the states 136 Mineral lands excepted from the operation of grants to the states
151
Restrictions upon the definition of mineral lands when con sidered with reference to school land grants
153
Petroleum lands
154
Lands chiefly valuable for buildingstone
156
In construing the term mineral lands as applied to administra tion of school land grants the time to which the inquiry is addressed is the date when the...
157
Test of mineral character applied to school land grants
159
When grants to the sixteenth and thirtysixth sections take effect
160
Selections by the state in lieu of sixteenth and thirtysixth sections and under general grants
162
Effect of surveyorgenerals return as to character of land within sixteenth and thirtysixth sections or lands sought to be selected in lieu thereof or unde...
163
Conclusions
165
RAILROAD GRANTS 149 Area of grants in aid of railroads and congressional legislation donating lands for such purposes 150 Types of land grants...
166
Introductory What courts are courts of competent jurisdiction
187
ARTICLE V
189
Occupancy of public mineral lands for purposes of trade or busi
195
Correlative rights of mining and townsite claimants recognized
205
The act of March 3 1891 not retroactive
213
The effect of the decisions of the land department upon questions
214
In what manner may a townsite patent be assailed by the owner
222
INDIAN RESERVATIONS
228
MILITARY RESERVATIONS
236
NATIONAL PARK AND FOREST RESERVA
241
When decision of land department becomes final
252
Essential features of the
254
Scrip
258
Conclusions
266
ALIENS
278
The questions involved in the adverse suit necessarily arise under
279
WHAT IS AND WHAT IS NOT THE SUBJECT
280
Conclusions
291
TITLE IV
305
TITLE V
355
ARTICLE I
357
Difficulties of accurate definition
358
ARTICLE II LODE VEIN LEDGE 286 English and Scotch definitions 287 As defined by the lexicographers 288 As defined by the geologists 289 ...
360
Classification of cases in which the terms lode and vein are to be construed 292 Judicial definitions and their application The Eureka case
368
The Leadville cases
371
Other definitions given by state and federal courts
374
ROCK IN PLACE 298 Classification of lands containing valuable deposits
377
Use of term in place in the mining laws
378
The blanket deposits of Leadville
379
Judicial interpretation of the term rock in place
381
Parties to the action
383
TOP OR APEX 305 The top or apex of a vein as a controlling factor in lode locations 306 The term top or apex not found in the miners vocabulary ...
384
Definition of Dr Raymond 309 The ideal lode and its apex
391
Illustrations of a departure from the ideal lodeThe case of Duggan v Davey
394
The Leadville cases
403
Hypothetical illustrations based upon the mode of occurrence of the Leadville and similar deposits
409
The existence and situs of the top or apex a question of fact
413
Form of judgment
419
LODE CLAIMS OR DEPOSITS IN PLACE
420
THE LOCATION AND ITS REQUIREMENTS
427
THE DISCOVERY
433
Where such discovery must be made
441
THE DISCOVERY SHAFT AND ITS EQUIVALENT
447
THE PRELIMINARY NOTICE AND ITS POSTING
456
Issuance of the certificate
458
THE SURFACE COVERED BY THE LOCATION
463
The end lines
471
Cross lodes
476
Sideend lines
478
THE LOCATION CERTIFICATE AND
490
Natural objects and permanent monuments
496
Time and place of record
499
General rules as to conclusiveness of patents
504
Privilege of changing boundaries exists in the absence of interven
506
Relocation admits the validity of the original
512
Coowners
517
LODE CLAIMS
520
LODES WITHIN PLACERS
523
Character of the land established by the patent
525
When judgment becomes available in the land office
530
PLACER AND OTHER FORMS OF DEPOSITS
537
Beds of streams
548
TENANTS IN COMMON
552
STATE LEGISLATION AS TO POSTING NOTICES
555
Nature of relationship
558
Form and extent under Revised Statutes
561
THE LOCATION CERTIFICATE AND
567
General principles announced in previous chapter on lode locations
569
TUNNEL CLAIMS
571
Face of tunnel defined
575
To what extent does the inception of a tunnel right and its perpetu
586
Judge Halletts views
593
Conclusions
600
LEGAL OBSTACLES INTERRUPTING
602
Classes of impediments interrupting the right of lateral pursuit
609
COAL LANDS
610
Rules for determining character of land
611
Private entry under Revised Statutes section twentythree hundred
617
Same Other classes of grants
621
VI
622
MILLSITES
625
LODE CLAIMS
626
EASEMENTS
631
FORFEITURE OF THE ESTATE AND ITS RESTORATION
635
Nature of the estate compared with inchoate preemption and home
646
THE NATURE AND EXTENT OF PROPERTY RIGHTS CON
652
The Colorado rule
660
Copyright

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Common terms and phrases

Popular passages

Page 305 - ... no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in mouey or ascertained and paid into court for the owner...
Page i - I hold every man a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereunto.
Page 304 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 647 - 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 469 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. 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...
Page 537 - May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public land surveys and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant...
Page 70 - 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 551 - ... failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel.
Page 222 - Excepting from the force and effect of this proclamation all lands which may have been, prior to the date hereof, embraced in any legal entry or covered by any lawful filing duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law...
Page 303 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into Court for, the owner...

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