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 Public Domain

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Bancroft-Whitney Company, 1903 - 2150 σελίδες
 

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Περιεχόμενα

Inteoductort
47
From the Foundation of the Govern
49
Reservation in crown grants to the colonies
53
Reservation in preemption laws
60
From the Discovery of Gold in Cali
62
43 Dips spurs and angles of lode claims
67
i45 Federal recognition
73
From the Passage
80
Declaration of governmental policy
82
and Improvement
83
THE MARKING OF THE LOCATION ON
89
Construction of the act by the land department
91
From the Enactment
98
Forfeiture of the Estate and Its Prevention ry Re sumption of Work
105
77 Accession to the national domain during the fourth period
106
8L Outline of the federal systemScope of the treatise
112
LANDS SUBJECT TO APPROPRIATION UNDER
117
Mineral Lands and Kindred Terms Defined
119
Application of the doctrine of the common law on the subject
120
Montanapp 18531861
121
The Purlic Surveys and the Return of the Surveyor
155
Prima facie character of land established by the return
157
Status of Land as to Title and Possession
168
MEXICAN GRANTS 113 Introductory 114 Ownership of mines under Mexican law 1115 Nature of title conveyed to the United States by the treat...
170
Adjustment of claims to Mexican grants in California 118 Adjustment of claims under Mexican grants in other states and territories
175
Claims to mines asserted under the Mexican mining ordinances
177
Status of grants considered with reference to condition of title 121 Grants sub judice
178
Different classes of grants 123 Grants of the first and third classes
179
Grants of the second classcommonly called floats
182
Grants confirmed under the California
185
Grants confirmed by direct action of congress
189
Grants which have been finally confirmed under the act of March 3 1891 situated in Colorado Wyoming Utah Nevada New Mexico or Arizona
195
Conclusions
201
GRANTS TO THE STATES AND TERRITORIES FOR EDUCATIONAL AND INTERNAL IMPROVEMENT PURPOSES t 132 Grant of sixteenth a...
203
Manner of acquiring homestead claims
204
Other grants for schools and internal improvements 135 Conflicts between mineral claimants and purchasers from the states
206
Mineral lands exempted from the operation of grants to the states
208
137 Restrictions upon the definition of mineral lands when con sidered with reference to school land grants
210
Petroleum lands
211
Lands chiefly valuable for buildingstone
213
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...
216
What is tbe legal status of a title to a mining claim located
233
RAILROAD GRANTS
237
i157 Indemnity lands
255
i160 Classification of railroad lands under special laws in Idaho
261
TOWNSITES
267
Rules of interpretation applied to townsite laws
273
Correlative rights of mining and townsite claimants recognized
287
The act of March 3 1891 not retroactive
296
What constitutes a mine or valid mining claim within the meaning
302
Ownership of minerals under streets in townsites
316
Status of mining claims located within limits of an Indian reser
322
MILITARY RESERVATIONS
328
Order in which acts are performed immaterialTime when non
330
NATIONAL PARK AND FOREST RESERVA
334
essential
343
Status of mining claims within forest reservations
346
When decision of land department becomes final
348
Salines
349
OCCUPANCY WITHOUT COLOR OF TITLE
368
Of the Persons Who May Acquire
380
THE MINING INDUSTRY AND LAWS OF INSULAR POSSES
385
Citizenship how proved
391
MINES AND MINING CLAIMS AS SUBJECTS OF CONTRACT
393
Miscellaneous Contracts Relating
400
263a Oregon
403
Conclusions
408
GENERAL PROPERTY RIGHTS OF ALIENS
415
TITLE
425
Supplemental state legislation
428
North Dakotapp 18861892
435
locations
436
Instructions Relating to Selection of Lands ry Railroads
448
Local District Regtjlations
476
Acquiescence and observance not mere adoption the test
483
Penalty for noncompliance with district rules
490
OF THE ACQUISITION OF TITLE TO PUBLIC
493
Division of the subject
495
As defined by the geologists
501
The terms lode vein ledge legal equivalents
507
STATE AND TERRITORIAL LEGISLATION ON THE SUBJECT
508
Judicial definitions and their applicationThe Eureka case
513
Other definitions given by state and federal courts
519
TOP OR APEX
532
Definition by Dr Raymond
539
Hypothetical illustrations based upon the mode of occurrence
559
Where such discovery must be made
610
The effect of the loss of discovery upon the remainder of the location
613
THE DISCOVERY SHAFT AND ITS EQUIVALENT 343 State legislation requiring development work as prerequisite to completion of location 34...
621
Relationship of the discovery to the discovery shaft
629
i629 Work done within the limits of a single location
630
Extent of development work
631
THE PRELIMINARY NOTICE AND ITS POSTING 350 Local customs as to preliminary notice and its posting prior to enactment of federal lawsNo...
633
Value of labor and improvementsHow estimated
635
Oregon pp 18931897
636
Liberal rules of construction applied to notices
638
Place and manner of posting
641
Circumstances under which the locators estate is terminated
642
THE SURFACE COVERED BY THE LOCATION ITS FORM AND RELATIONSHIP TO THE LOCATED LODE 360 The ideal location 361 Surf...
643
THE SURFACE COVERED BY THE LOCATION
644
Resumption of work prevents forfeiture
651
591a Vein crossing one end line passing out of a side line then return
653
Extralateral right where the apex is found in surface conflict
659
The end lines
670
The side lines
674
Sideend lines
677
371 Necessity for and object of marking
678
State statutes defining character of marking
686
691 The posting of the notice in the registers office and proof
691
THE LOCATION CERTIFICATE AND
693
Effect of dismissal of patent application
697
362 Variation between calls in certificate and monuments on
701
Proof that no known lodes exist within limits of placer claim
703
THE RECORD
707
South Dakotapp 18981906
708
Introductory
710
CHANGE OF BOUNDARIES AND AMENDED
713
Character of landAgricultural claimants
717
RELOCATION OF FORFEITED OR ABANDONED
721
i407 Relocation by agent or others occupying contractual or fiduciary
733
Manner of perfecting relocationsStatutory regulations
734
Conclusions
737
Time within which action must be commenced
756
Placers and Other Forms of Deposit
757
When judgment becomes available in the land office
764
Petroleum
765
Issuance of the certificate
770
Beds of streams
771
THE LOCATION AND ITS REQUIREMENTS
777
Conclusiveness of patent as to form and extent of surface bounda
778
Form and extent of placer locations prior to Revised Statutes
787
District of Alaskapp 17791791
796
Locations by several persons in the interest of oneNumber
799
THE LOCATION CERTIFICATE AND
806
The law of natural flow
807
The provisions of the federal
813
ARTICLE 1L MANNER OF PERFECTING TUNNEL LOCATION
815
Right of surface support an absolute oneNegligence not
819
Important questions suggested by the tunnel
821
Responsibility of surface owner for injuries to miners rights
826
To what extent does the inception of a tunnel right and its per
827
General principlesNegligence as an element
832
The Idaho rule
833
Tunnel locations before the supreme court of the United States
840
Coal Lands
849
Who may enter coal lands
855
514a The Act of January 31 1901
863
522 Location of millsite with reference to lode
871
53 The act of July 26 1866
877
Qualification of the doctrine that the extent of the extralateral
878
LOCATION
885
Actual and constructive possession under miners rules
889
Federal recognition of the doctrine
890
Nature of the estate as defined by the courts since the enactment of general mining laws
891
Nature of the estate compared with copyholds at common
895
Nature of the estate compared with the dominium utile of the civil
896
Nature of the estate compared with inchoate preemption and homestead claims
897
Dower within the states
901
Dower within the territories
903
FEDERAL STATUTES RELATING TO MINES
906
Classification of rights with reference to boundaries 550 Extent of the grant as defined by the statute
907
The right to the surface and presumptions flowing therefrom
909
Intralimital rights not affected by the form of surface location
910
Pursuit of the vein on its course beyond bounding planes of the location not permitted
911
Section twentythree hundred and thirtysix of the Revised Stat utes and its interpretation
913
The Colorado rule
917
known to exist
925
Cross lodes before the supreme court of Montana
926
The ArizonaCalifornia rule
929
The views of the supreme court of the United States
934
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Δημοφιλή αποσπάσματα

Σελίδα 878 - 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...
Σελίδα 454 - 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, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner...
Σελίδα 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.
Σελίδα 835 - ... no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Σελίδα 239 - An act [to amend an act entitled an act] to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Σελίδα 869 - ... non-adjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith' subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location...
Σελίδα 747 - The remainder of the placer claim or any placer claim not embracing any vein or lode claim shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings ; and where a vein or lode, such as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer claim...
Σελίδα 454 - The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the legislature from taking the property and franchises of incorporated companies and subjecting them to public use, the same as the property of individuals...
Σελίδα 765 - That any person authorized to enter lands under the mining laws of the United States may enter and obtain patent to lands containing petroleum or other mineral oils, and chiefly valuable therefor, under the provisions of the laws relating to placer mineral claims...
Σελίδα 380 - 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

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