The Law of Mines and Mining Injuries

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F. H. Thomas Law Book Company, 1903 - 966 σελίδες
 

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Mineral deposits under railroads
25
Minerals under rivers and seas
26
Nature of property in
27
Same Natural
29
Minerals claimed adversely
30
THE DIFFERENT ESTATES IN MINES Section 19 Where landowner has fee 20 Infant or lunatic the owner 21 Owned by tenant in tail
34
Tenant for life or years
37
Tenant by dowry 24 Tenants in common
39
CHAPTER IV
42
Policy of the government
45
Prior discovery necessary
47
Rights of discoverer
48
Land mast contain valuable deposits 31 Rock must be in place
50
Distinction between lode and placer claims
51
Lode must be known to exist
52
Extent of mining claims
53
Rights acquired by possession
55
Who may locate mining claims
57
Same Agent may locate claim
58
Claim must be distinctly marked
59
Description and survey
61
Notice of location
62
Notice must be recorded
63
Tunnel locations
65
What location includes
66
Value of land office decisions
68
Distinctions between locations of ledge and surface 46 Locations in name of another 47 Mining claims on school and railroad grants 48 Locator must...
73
Character of work necessary
74
Same When owned by several
75
When annual labor should commence
77
Eow long work should continue
78
CHAPTER V
85
CHAPTER VI
100
CHAPTER VII
117
Of mines held in partnership
123
Doctrine of caveat emptor
124
95a Buyer may remain silent
126
Mines forming part of inheritance 97 Reservation of mines and minerals
129
Dower attaches
130
Sale by trustees
132
Sales by executors and administrators
135
Partition of mines
136
CHAPTER VIII
138
FRAUD IN THE SALE OF MINES Section 102 Elements of actual fraud 103 Misstatements as to value
139
Matters of opinion Purchase after examination 105 Effect of fiduciary relation
142
Agent cannot make secret profit
144
False prospectuses of projected companies
146
Where purchaser conceals value of mineral
147
CHAPTER IX
151
Partners and cotenants 115 Corporation as party
159
When executed by agent
160
Parol evidence to explain
165
Warranties In a lease 122 What acts constitute a breach
167
Covenants and conditions of lease
168
Right to work Incidental privileges 125 Manner of working Particular covenants
171
Instroke and ontstroke Right to work
173
Forfeiture for breach of covenant
174
Reservation of rent or royalty 129 Dead rent payable unconditionally
176
Covenant to mine certain amount
178
Assignment of lease
179
Rights and liabilities of assignee
180
Duration of tenancy
181
May be perpetual
182
Right to remove fixtures and machinery
184
CHAPTER X
186
Remedy for improper working
190
Lessors liability to lessee
191
For injuries from defects in premises 143 Risks assumed by lessee
194
Liability to strangers
196
Right of reentry
198
When same can be exercised
199
Lessees interest in leased property 148 Cannot mine beyond leased premises
201
When lessees interest attaches
203
Opened and unopened mines
207
Liability to lessor
208
For removing barriers
210
For drowning mine 155 In regard to cotenants
211
DisseisinLiability for rents and profits
213
Liability to third persons 158 Crossing boundary Measure of damages
217
Drainage of mine
218
Liabilities of under lessee
219
Liability for Injuries from negligence
220
CHAPTER XII
223
Same Remedy for breach
234
Covenants amounting to conditions Test wells
235
Alternative provisions Working or payment of fixed sums
236
Same Lessee must make election before end of term
237
Same Unlimited option in lessee avoids lease
238
Additional wells Covenants
239
Rent and royalty Peculiar covenants
240
Same When lessor can recover
241
Same When right to ends
242
Same Implied covenants for 180 Assignment of lease Effect
244
Same Liability of assignee for rent or royalty 182 Same Liability upon covenant to sink wells
246
Injuries to well Liability for 184 Same Drainage through adjoining well 185 Abandonment of lease
249
Same Lessees right to casing and fixtures
250
Same For lessors benefit solely 189 Same Relief against in equity
253
CHAPTEE XIII
256
License to mine an interest in land
260
Effect of parol license to mine
261
Who may be licensor
263
Powers of licensor 197 Licensees interest under license
266
Licensees rights after severance 199 Implied powers of licensee
269
Licensee under mining register 201 Licensee bound by rules in register
272
Revocation of the license
274
When licensee deemed a trespasser 204 Assignment of license
276
CHAPTER XIV
278
Custom cannot affect right
288
Lateral and subjacent support 216 Extends to buildings by implication
289
Railroad entitled to same 218 Hydrostatic pressure
292
Right of way incident to right to mine
293
Timber rights on private lands
297
Easement in watercourses
298
Legalized nuisances
299
CHAPTER XV
300
Right based oa prior appropriation 230 What will constitute an appropriation
303
Limitation on the right
305
Right to running water
307
How right is acquired
309
How it is perfected 235 How it is lost 236 Fouling water with refine matter 237 Right to divert
314
Sale and transfer of water right
315
Subterranean streams No easement
317
As to percolations
319
Artificial water courses
320
CHAPTER XVL forfeitures Section 242 How regarded in equity 243 Equity will not enforce
322
Distinguished from abandonment
324
On public land
325
How enforced
326
Party entitled to must declare election
327
Notice must be definite
328
How forfeitures are pleaded
330
Arising from breach of contract
331
Clause of in lease
332
For failure to pay royalty
334
Under mining license
336
Waste a ground for reentry
340
How right to claim is waived
341
Equitable relief against reentry
343
CHAPTER XVII
345
Contracts to purchase
349
2G3 Covenant to work mines 2G3 264 Contract for sale of
354
Lease construed as contract of sale
356
Assignment of royalty
357
Time of the essence of mining contracts 268 Contracts of mining partnerships
361
Contracts of corporations 270 Contracts to test for mineral
367
Contract to drain mines
368
CHAPTER XVIII
371
CHAPTER XIX
380
How agencies are created
381
Declaration of agents competent when 287 Liability of principal for acts of agent
384
For torts of agent 289 Negligent acts of agent
387
Fiduciary relation Secret profit 291 Sale maybe avoided 292 Agent cannot delegate authority
389
Revocation of authority 294 Agents of corporations
390
Company not bound by acts of members 296 Power of superintendent Suppies 297 Directors the agents of company
393
Agents appointed by directors 299 Limitation upon authority
394
Agents who exceed authority
395
Agents in judicial proceedings
396
CHAPTER XX
398
Residence
404
Seal and bylaws
405
Meetings and record 807 Corporate stockTransfer
408
May sue and be sued
410
Right to buy and sell
411
Sale or purchase by agents
414
Corporate contracts
415
Corporate deeds
416
Officers and agents
418
Promoters distinguished from agents
420
Acts ultra vires
426
Irregular acts intra vires
427
Authority of president 321 Rights and powers of mine superintendent
430
2 Company bound by what acts of the superintendent 323 Power to bind company on commercial paper
432
Liability for torts of agent 325 Miscellaneous cases
434
Power to remove and disfranchise
436
How dissolved
438
CHAPTER XXL PARTNERSHIP IN MINES Section 328 Mining partnerships generally 329 How partnership Is proved 330 Agreement for mining a...
440
Parol agreements relating to lands 332 Agreements to share profits
445
Partners distinguished from coowners
447
Coowners partners in profits only
448
Rights and remedies of coowners
450
Equitys jurisdiction in such cased
451
Devisees of mines 338 When shares in mines considered realty
452
Partners authority to bind firm
453
How liability determined
454
Liability for supplies
456
On commercial paper
458
By conveyance of partnership property 344 Joint and several liability
460
Rights and obligations inter sese
461
Trust relation arising from
462
Right to an account
463
Right to contribution 349 In case of dissolution
464
Right of assignee to compel accounting
466
Receiver of the mine 352 Laches in mining partnership
468
JOINTSTOCK MINING COMPANIES Section 353 General nature and definition 354 Companies organized under statute 355 Members bound by co...
470
Individual liability of members
474
COSTBOOK MINING COMPANIES
489
General nature of company 369 Costbook what it
491
Distinguished from ordinary partnership
492
Proof of membership
493
Signing not essential 373 Character of members interest
494
Liability of shareholders
495
Members power to bind company 376 Liability for company torts 877 Transfer of shares
496
Calls Lien Forfeiture 879 Right to an accounting
501
Contribution 381 Right of shareholder to retire
502
Local custom must be proved
503
Suits by and against
504
Power of majority
505
Dissolution Sale of assets
506
CHAPTER XXIV
507
Should furnish suitable employees
517
Negligence of fellowservants
519
Who are fellow servants in a mine 393 Master acting as workman
522
Acts of independent contractor
523
Means of ingress and egress
524
Duty as regards place of work 397 Liability for1falling scales 398 Injuries from cavein
528
Employee assumes incidental risks 400 Owner should disclose such risks 401 Exceptional dangers
532
Acts resulting in death
533
Contributory negligence
536
Employtrs liability to third persons
537
Termination of service
538
CHAPTER XXV
540
Limitation upon legislative power
541
Right to tax mil inn property 409 Basis of taxation of mining property
544
Surface and ore deposits
545
Relative duties of lessor and lessee
546
Mines on public lands exempt in most States 413 Limits of exemption
548
Exemption does not extend to mines on private lands
549
Taxation of mining corporations
550
Taxation of corporate business
551
Priority of tax lien
552
Remedies for illegal taxation
553
ABANDONMENT OF MINING RIGHTS Section 419 Nature and definition 420 Under French and Spanish laws 421 Question of intent material
556
Animus revertendi 423 Evidence of abandonment
560
By partners and cotenants
562
By lessee and licensee
564
Tailings and water rights
565
Pleading abandonment
566
Effect of abandonment
567
CHAPTER XXVII
569
Acts not amounting to adverse possession
572
With or without color of title
573
Nonuser alone not sufficient
574
When possession stealthy or wrongful 436 When possession of surface not adverse
575
Approach to mineral immaterial 438 As to running water
577
Claims on U S land regulated by statute
578
Jurisdiction in cases of adverse claims
581
All conflicts not adverse claims
582
ACTIONS FOR INJURIES TO MINING RIGHTS AND PERSONS
589
CHAPTER I
591
Who can maintain action
592
Injury to employee Unsafe place
593
Knowledge of defect bars recovery
594
Injuries from falling bodies
595
Dangerous roof from negligence
597
Partners on government mining claims
598
Assumed risks What are Accidents
599
Manner of decreeing
600
Negligence of fellow servant No liability 454 Who are fellowservants
601
Negligence of hoisterman
602
Department doctrine
603
Unsafe machinery and appliances 458 Failure to inspect
605
Clothing catching on machinery 460 Giant powder Injuries from explosions
606
Steam explosion
608
Bad air or
610
Failure to furnish props
611
Defective scaffolds and platforms
613
Injury on ladder
614
CHAPTER II
616
Breach of covenant in lease
618
Warranty Covenant for quiet enjoyment
620
Inundation of mines
622
Injury to lessee by third persons
623
Injuries to adjoining landowner
624
Actions against adverse claimants Quieting title
626
Action for possession of mineral
627
How lessor may recover possession
628
Lessee cannot defend on verbal contract for new lease 476 Removal of fixtures
629
Prevention of waste by lessor
630
INJUNCTION TO RESTRAIN INJURIES TO MINING PROPERTY
634
Nature of remedy 480 Jurisdiction of equity
635
Great latitude in cases of mines 482 Injury must be irreparable
638
Applicant must show title 484 When title is in dispute 485 Where defendant is insolvent
640
Parol lease or license will not support action
643
Fraud a ground for relief
644
In favor of surface owner
645
Same When minerals are reserved 490 Protection of right to lateral support
647
As to claim on public land Placer claims
649
For diverting watercourse
650
Flowiug of refuse matter
652
Working through Into another mine
653
To restrain removal of
654
When account will be decreed
655
Injunctions against corporations
657
Same Grounds
658
CHAPTER III
660
History of action
661
In respect to mineral deposits
665
Rights of lessee at common law 5C5 Wrong consists in opening soil
668
What considered new mine
669
Right presumed in tenant to open mine
670
How right affected by abandonment of mine
671
Exemption from liability for waste
672
Waste by licensee Action on case
673
Joinder of plaintiffs tinder code 512 When equity will interfere
676
CHAPTER V
678
Covenant for quantity
682
Action for royalty Dead rent
684
Covenant of title Quiet enjoyment
686
Covenant of warranty
688
Who can maintain the action
689
Against joiut and several covenantors 521 How to plead the breach
692
Equitable relief against penalties
693
Injunction to restrain breach
694
CHAPTER VI
698
Complaint Description of premises
701
Defendant must be in possession 529 Proof of title
703
Action may be maintained on prior possession 531 Licensee cannot maintain 532 When lessee can deny lessors title
707
Successful plaintiff entitled to profits
709
Mesne lessee not liable therefor Defenses
710
As regards fixtures
713
Equitable defenses
714
CHAPTER VII
716
CHAPTER VIII
732
Trespass and case distinguished
735
As regards lessor and lessee
736
For removal of fixtures
738
When licensee can maintain action 555 For Injury to freehold Who may
741
For wrongfully cutting timber 557 For diverting watercourse 558 For a continuing nuisance
745
For miscellaneous injuries
747
Lessee wrongfully holding over
749
Trespass by corporations
750
Specific cases
752
REPLEVIN FOR MINERAL AND MINING PROPKHTY Section 563 Definition At common law 564 Uuiier the statute
754
Buildings and timber
757
For recapture of mineral
759
Measure of damages for removal of ore 669 Title may be incidentally raised
762
Where property has been confused
765
What possession essential 572 Licensee cannot maintain
768
Action on bond
769
CHAPTER X
771
ACCOUNTING
781
Time for filing lien
783
Character of work necessary
784
Character of owners title
785
Against lessee
786
Will not lie against improvements made by licensee
787
To what property it attaches 588 Character of improvements and nature of annexation essential
789
CHAPTER XI
791
Life tenant may maintain 594 Incorporeal right not subject
794
Partner not entitled to Coowner may have
795
Will lie against coowner 604 Beween partners 605 Against trustee 606 Between lessor and lessee 607 Against assignee of lessee 608 Licensor against ...
800
Grounds of equitys jurisdiction
801
Measure of recovery
806
Restricted to period of limitation 612 Laches and estoppel may prevent
808
CHAPTEE XIII
810
Section 613 Will lie for sale of mine 614 Exhausted mine or quarry
811
Sudden appreciation of property
812
Contract for lease may be enforced
813
Title relates to date of contract
814
Sales of mineral not enforced 619 Sale of corporate stock
815
As regards mining easements
816
Enforcement discretionary with court
817
Time of the essence of such contracts
818
Fraud will excuse performance
819
When mistake a defense
820
Delay bars enforcement 626 Waiver of performance
822
Of the property transferred to receiver 629 Dlscretlonery Refused In doubtfal cases 630 Possessory actions Solvency of possessor
824
Receivers of corporations
828
When cotenant entitled
829
As between copartners
830
Mortgagee may have pending foreclosure 635 At Instance of mortgagor
832
Defrauded purchaser before bearing
833
By and against whom maintainable
834
Between lessor and lessee
839
The adverse claim or title
841
When plaintiff must have possession 645 Possession of mining claims sufficient 646 To ditch and water right 647 What petition should show
845
Evidence and burden of proof
846
Laches and estoppel
847
CHAPTER XVI
849
Fraudulent sales of mines and mining land
852
Same Evidence of fraud Statements of value
854
Violation of confidential relation
855
When mistake will justify rescission
857
Delay bars recovery
858
When and where claim must be filed 443 As between lode and placer claimant 444 In cases of overlapping claims 444a Appeals Land officers duties
944
Liability for promoters contracts 316 Liability of directrs who exceed authority
946
How title established under 81 Term mineral limited
947
Form part of contracts 88 Will not justify deposit of tellings or refuse on adjacent land 84 Property and fixtures sometimes determined by 85 Right to...
948
Against representative of lessee
965

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Σελίδα 54 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits...
Σελίδα 86 - If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists ; and thereafter Opinion of the Court.
Σελίδα 577 - It shall be the duty of the adverse claimant, within thirty days after 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.
Σελίδα 577 - ... 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. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof...
Σελίδα 66 - 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...
Σελίδα 568 - Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the .State or Territory where the same may be situated, evidence of such possession and working of the claims for .such period shall be sufficient to establish a right to a patent thereto under this chapter and sections 71 to 76 of this title, in the absence of any adverse claim...
Σελίδα 577 - Office, and a patent shall issue thereon for the claim, or such portion thereof, as the applicant shall appear, from the decision of the court, to rightly possess.
Σελίδα 55 - Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required...
Σελίδα 86 - ... claims in common, made by or under the direction of the United States surveyor general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground...
Σελίδα 299 - 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...

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