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" Where minerals have been found and the evidence is of such a character that a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine, the requirements... "
Alaska Reports - Page 541
by United States. District Court (Alaska) - 1906
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The Mining Law: A Study in Perpetual Motion

John D. Leshy, Harry D Sunderland Disguished Professor of Real Property John D Leshy - 1987 - 521 pages
...of Castle v. Womble in 1894.71 A discovery has been made, the secretary said, "where minerals have been found and the evidence is of such a character...reasonable prospect of success, in developing a valuable mine."72 The origins of this principle deserve some tracing, especially because of the dubious character...
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Mining Law of 1872: Oversight Hearing Before the Subcommittee on ..., Volume 4

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Mining and Natural Resources - 1987 - 505 pages
...rock 3 in place of mineral having actual or potential value or of such a character that • person 4 of ordinary prudence would be Justified in the further expenditure of his labor and 6 iteans on the particular claim, with • reasonable prospect of success in developing 6 a valuable...
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Treatment of Oil Shale Mining Claims: Hearing Before the ..., Volume 4

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Mineral Resources Development and Production - 1989 - 312 pages
...early as 3894, the Department had expressed the view that a 'discovery exists [wjhere minerals have been found and the evidence is of such a character...the further expenditure of his labor and means, with the reasonable prospect of success, in developing a valuable mine, • the requirements of the statute...
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Treatment of Oil Shale Mining Claims: Hearing Before the ..., Volume 4

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Mineral Resources Development and Production - 1989 - 312 pages
...the Department had expressed the view tr.at a discovery exists [W)here minerals have been found end the evidence is of such a character that a person...the further expenditure of his labor and means, with the reasonable prospect of success, in developing a valuable mine, the requirements of the statute...
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Surface Mining, Second Edition

B. A. Kennedy, Bruce A. Kennedy, Society for Mining, Metallurgy, and Exploration (U.S.) - 1990 - 1194 pages
...legal standard for discovery is the so-called prudent man test which examines whether the minerals are of such a character that a person of ordinary prudence...reasonable prospect of success in developing a valuable mine.13 In a government initiated contest, the claimant must also be able to show that by reason of...
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Oil Shale Claims: Hearing Before the Subcommittee on Mining and ..., Volume 4

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Mining and Natural Resources - 1990 - 294 pages
...early as 1894, the Department had expressed the view that a 'discovery exists [wjhere minerals have been found and the evidence is of such a character that a person of ordinary prudence would be juatified in the further expenditure of his labor and means, with the reasonable prospect of sue- ....
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Mining Law Reform Act of 1991 and the Minerals Policy Review ..., Part 2

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Mineral Resources Development and Production - 1991 - 428 pages
...person" test is a common way of expressing the idea; namely, a discovery exists "where minerals have been found and the evidence is of such a character...prospect of success, in developing a valuable mine." Cattle v. Wombla, 19 Interior Decisions 455 (1894). A prudent person would certainly hesitate to develop...
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Mining Laws of 1872 and 1989: Hearing Before the ..., Volume 4, Part 1

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Mineral Resources Development and Production - 1989
...a lode claim discovery within rock in place of mineral having actual or potential value or of such character that a person of ordinary prudence would...in the further expenditure of his labor and means on the particular claim, with a reasonable prospect of success in developing a valuable Bine (Id. at...
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Mining Laws of 1872 and 1989: Hearing Before the Subcommittee on ..., Part 1

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Mineral Resources Development and Production - 1989
...within the boundaries of the claim, and 2) that the quantity and quality of these minerals is of such character that a person of ordinary prudence would be justified in the further expenditure of labor and means with a reasonable prospect of success in developing a valuable mine.12/ The requirement...
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Mineral Exploration and Development Act of 1991: Hearing Before the ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Mining and Natural Resources - 1992
...irjst be for a lode claim discovery within rock in place of mineral having actual or potential value or of such a character that a person of ordinary prudence...in the further expenditure of his labor and means on the particular claim, with a reasonable prospect of success in developing a valuable mine. And while...
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