THE LAW OF MINES AND MINING IN THE UNITED STATES BY DANIEL MOREAU BARRINGER, A. M., LL. B. AND JOHN STOKES ADAMS, A. B., LL. B. LECTURER ON THE LAW OF MINES AND MINING IN THE LAW VOLUME II 1911 THE KEEFE-DAVIDSON CO. NATIONAL LAW BOOK CO. ST. PAUL, MINNESOTA PREFACE. During the interval that has elapsed since the publication of the first volume of this work, the case law bearing on the subject of the law of mines and mining has so increased that the num ber of cases decided by the courts of this country, dealing with that subject within the past thirteen years, equal, if they do not exceed, the number reported in the previous fifty years. It has seemed to us that the requirements of the active practitioner, the person to whom this work is especially addressed, could best be served by collecting this new material in a supplemental volume, and arranging it in exact conformity with the plan of the first volume, so that its use in connection therewith would be easy and convenient. With this end in view, the present volume has been prepared. The division into chapters and subdivisions. is identical with that of the original volume. At the beginning of each subdivision the corresponding page of Volume I. is printed in black letter type. By this means, the same part of Volume I. can be referred to, and the matter in both volumes on any particular subject can be read together. In addition, references are made in parentheses to those cases in the first volume which have been subsequently reversed, overruled, affirmed or modified. The Appendix contains the Federal Statutes enacted since 1897, and the most recent Land Office regulations. As in the first volume, the aim has been, not to give the subject scientific treatment, but merely to give a complete and accurate statement of the special rules of law which have been deduced by the application of general rules to the questions that arise as to the rights and duties of miners and mine owners in their relation to the land, to one another, and to those in contact with whom they are brought, by reason of the business of mining. Where the statement of these rules, as they appear in Volume I., have not been modified by subsequent decisions, the authors have avoided their repetition. They have confined themselves, in the text which is printed in larger type, to the statement of the effect of the later decisions upon these rules. In using this volume, therefore, the reader should in every instance consult the corresponding chapter and division of Volume. I., and in using Volume I. he should in turn refer to the corresponding chapter and division of this volume for the later decisions, and their effect on the law. Philadelphia, January, 1911. D. M. BARRINGER, JNO. STOKES ADAMS. PROPERTY IN MINERALS WHERE THERE HAS BEEN NO DIVISION BETWEEN THE OWNERSHIP OF THE SURFACE AND THE MINERAL ESTATE. (For cases supplementing this chapter, see Current I. Property and Rights of the Owner of the Soil in Minerals which are in Place ..... Vol. 1, p. 4; Vol. 2, p. 1. II. Property in Minerals which have been Severed from the Free.. Vol. 1, p. 5; Vol. 2, p. 2. hold .... III. Property and Rights in the Minerals of Owners of the Soil who have a Limited Estate. .Vol. 1, p. 7; Vol. 2, p. 3. .Vol. 1, p. 8; Vol. 2. p, 3. .Vol. 1, p. 15; Vol. 2, p. 13. .... Vol. 1, p. 17; Vol. 2, p. 14. where there are Joint ... Vol. 1, p. 18; Vol. 2, p. 14. V. Property and Rights in Mineral Oil and Natural Gas CHAPTER II. ........ Vol. 1, p. 30; Vol. 2, p. 21. PROPERTY AND RIGHTS IN MINERALS WHERE THE TITLE TO THE MINERALS OR THE RIGHT TO TAKE THEM IS VESTED IN SOME ONE WHO IS NOT THE OWNER OF THE SOIL. (For cases supplementing this chapter, see Current A. Lease of Lands with the Privilege of Digging and Boring for Oil or Gas .... B. and C. Incorporeal Rights and VI. Reservations and Exceptions .Vol. 1, p. 75; Vol. 2, p. 67. Licenses Relating to the .Vol. 1, p. 78; Vol. 2, p. 94. Vol. 1, p. 183; Vol. 2, p. 101. |