The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 1Callaghan, 1883 |
From inside the book
Results 1-5 of 73
Page 3
... nature , for the purpose of restraining acts of trespass to mining property and water rights , where the character and extent of the wrongful acts committed ren- der the injury irremediable , or where an action at law would not afford ...
... nature , for the purpose of restraining acts of trespass to mining property and water rights , where the character and extent of the wrongful acts committed ren- der the injury irremediable , or where an action at law would not afford ...
Page 9
... nature of the lease from the government to the smelters who made this slag , it is impossible for us to say whether the general property in the material which they worked continued in the government or not , as was insisted by the ...
... nature of the lease from the government to the smelters who made this slag , it is impossible for us to say whether the general property in the material which they worked continued in the government or not , as was insisted by the ...
Page 60
... natural and probable consequences of his own acts . The lapse of time is . a material element in abandonment , as is also the delay of the first occupant in asserting his claim to the possession against parties subsequently entering ...
... natural and probable consequences of his own acts . The lapse of time is . a material element in abandonment , as is also the delay of the first occupant in asserting his claim to the possession against parties subsequently entering ...
Page 66
... natural and literal construction of the statute , and such construction will ac- complish the intention of the legislature , which seems to have been to make mining rights stable , and give to them the character of real property . In ...
... natural and literal construction of the statute , and such construction will ac- complish the intention of the legislature , which seems to have been to make mining rights stable , and give to them the character of real property . In ...
Page 68
... natural in the absence of any escapement shaft . A party having given another rea- sonable cause for alarm , can not complain that the person so alarmed has not exercised cool presence of mind , and thereby find protection from ...
... natural in the absence of any escapement shaft . A party having given another rea- sonable cause for alarm , can not complain that the person so alarmed has not exercised cool presence of mind , and thereby find protection from ...
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Common terms and phrases
abandonment acquired action adverse possession affidavits agent alleged amount answer appear appellant appropriation authority Bank Bear River Belk bill Boultbee Caribou cestui que trust charge coal colliery commenced complaint contract conveyance conveyed corporation counsel court of equity creek damages Dawley decree Deer Lodge county defendants District Court ditch entitled equity error evidence fact feet fendant filed Flume grant grantors held instructions interest judgment jurisdiction jury lease lode ment mining claim Mining Company mining ground mining purposes notice objection occupation opinion owner paid parties patent person plaint plaintiff plaintiff in error Post premises principal prior proof purchase quartz question record relocation respondent rule shaft statute of limitations stockholders Storey county subscribers sufficient Supreme Court surface tenants in common testimony thereof tion tract transaction trial trust tunnel vein verdict Wetmore witness Yuba River
Popular passages
Page 531 - ... the claim or mine upon which such failure occurred shall be open to re-location in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 689 - 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 558 - 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 541 - ... [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.
Page 587 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Page 563 - ... 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 512 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to re-location in the same manner as if no location of the same had ever been made...
Page 504 - 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 236 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the...
Page 236 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.