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, Τόμος 1

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Bancroft-Whitney company, 1903 - 2150 σελίδες
 

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Περιεχόμενα

From the Discovery of Gold in Cali
62
Dips spurs and angles of lode claims
67
Federal recognition
73
From the Passage
80
Declaration of governmental policy
82
Recognition of local customs and possessory rights acquired there under
83
Title to lode claims
84
Relationship of surface to the lode
85
Construction of the act by the land department 60 Construction by the courts
91
Local rules and customs after the passage of the
94
The act of July 9 1870
95
Local rules and customs after the passage of the act 64 Accession to the national domain during the third period
96
MILLSITES
98
The act of May 10 1872
99
Changes made by the actDivision of the subject 71 Changes made with regard to lode claims
100
618a Effect on extralateral right where the owner of the location con
101
Changes made with regard to other claims
102
New provisions affecting both classes of claims 74 Tunnels and millsites 75 Legislation subsequent to the act of 1872
103
Local rules and customs since the passage of the
105
77 Accession to the national domain during the fourth period
106
The Federal System 80 Conclusions deduced from preceding chapters
109
Outline of the federal systemScope of the treatise TITLE III
112
New Mexicopp 18791886
113
LANDS SUBJECT TO APPROPRIATION UNDER
117
Necessity for definition of terms
119
Terms of reservation employed in various acts
120
Montanapp 18531861
121
87 Mine and mineral indefinite terms
124
88 English denotationMine and mineral in their primary sense
125
Enlarged meaning of mine 90 Mineral as defined by the English and Scotch authorities
126
English rules of interpretation 92 Substances classified as mineral under the English decisions
131
American cases defining mine and mineral
133
Mineral lands as defined by the American tribunals
139
Interpretation of terms by the land department 96 American rules of statutory interpretation
149
Substances held to be mineral by the land department
151
The Public Surveys and the Return OF THE SURVEYOliGiiKERAL 102 No general classification of lands as to their character
155
Geological surveys 104 General system of land surveys
156
What constitutes the surveyorgenerals return f 106 Prima facie character of land established by the return
157
Character of land when and how established
163
Jurisdiction of courts to determine character of land when question is pending in land department
164
Status of Land as to Title and Possession IV Of the Persons who may Acquire Rightsto Public Mineral Lands
168
MEXICAN GRANTS 113 Introductory 114 Ownership of mines under Mexican law 115 Nature of title conveyed to the United States by the treaty...
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
203
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
Railroad Grants
211
Petroleum lands
212
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
Test of mineral character applied to school land grants
219
Effect of surveyorgenerals return as to character of land within
228
144a Conclusiveness of state patents as to character of land
236
Grants of particular sections as construed by the courts
246
Distinctions between grants of sixteenth and thirtysixth sections
252
Physical and industrial conditions as affecting the rule of public
257
Test of mineral character of land applied to railroad grants
260
Effect of patents issued to railroad companies
266
TOWNSITES
267
Rules of interpretation applied to townsite laws
273
Correlative rights of mining and townsite claimants recognized
287
Lode Claims
288
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
Indian Reservations
318
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
VUL National Park and Forest ReservationsReserva tions for Reservoir Sites
334
TITLE XIII
340
essential
343
Forest lien selections under the act of June 4 1897
346
HOMESTEAD AND OTHER AGRICULTURAL
348
Nature of inceptive right acquired by homestead claimant
354
Timber and stone lands
364
Perpetuation of the Estate by Annual
372
Conclusions
378
789a Occupying cotenant not liable at common law to account
391
ALIENS
393
Conclusions
408
North Dakotapp 18861892
413
GENERAL PROPERTY RIGHTS OP ALIENS
415
District of Alaskapp 17791791
419
TITLE
425
Arizona
427
lode claims
431
263a Oregon
437
Conclusions
474
Acquiescence and observance not mere adoption the test
483
Penalty for noncompliance with district rules
490
f V OF THE ACQUISITION OF TITLE TO PUBLIC
493
Classification of cases in which the terms lode and vein are to be construed
512
Judicial definitions and their applicationThe Eureka case
513
The Leadville cases
515
Other definitions given by state and federal courts
519
Classification of lands containing valuable deposits 299 Use of term in place in the mining laws 300 The blanket deposits of Leadville 8 301 Judicia...
523
TOP OR APEX 305 The top or apex of a vein as a controlling factor in lode locations 306 The term top or apex not found in the miners vocabu la...
532
Definitions given in response to circulars issued by the public land commission
536
Definition by Dr Raymond
539
The ideal lode and its apex
540
Illustrations of a departure from the ideal lodeThe case of Duggan v Davey
542
Hypothetical illustrations based upon the mode of occurrence of the Leadville and similar deposits
559
Introductory
564
STRIKE DIP OR DOWNWARD COURSE
568
The function of the diagram and the surface lines described
573
Downward course
574
ARTICLE HI EXTRALATERAL RIGHTS FLOWING FROM
582
Vein entering and departing through the same side line
584
THE LOCATION AND ITS REQUIREMENTS
589
Vein crossing two opposite nonparallel side lines
591
Discovery the source of the miners title
600
What constitutes a valid discovery
605
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
Annual labor under local rulesProvisions of the federal
623
859a Contracts disposing of mining rights
624
Relationship of the discovery to the discovery shaft
629
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
Oregon pp 18931897
636
Liberal rules of construction applied to notices
638
Place and manner of posting
641
THE SURFACE COVERED BY THE LOCATION ITS FORM AND RELATIONSHIP TO THE LOCATED LODE 360 The ideal location 361 Surf...
643
596 Extralateral right where the apex is found in surface conflict
659
The end lines
670
The side lines
674
Sideend lines
676
Posting of the notice and copy of the plat on the claim
677
Necessity for and object of marking
678
Proof of posting of notice and plat on the claim
683
State statutes defining character of marking
686
Proof of mineral character of the land
689
THE LOCATION CERTIFICATE AND
693
Variation between calls in certificate and monuments on
701
THE RECORD
707
South Dakotapp 18981906
708
Distinction between adverse claim and protest
712
CHANGE OF BOUNDARIES AND AMENDED
713
Prior patentees and prior patent applicants
718
RELOCATION OF FORFEITED OR ABANDONED
721
Millsite claimant v Mineral applicant
724
Coowners
732
Relocation by agent or others occupying contractual or fiduciary
733
Manner of perfecting relocationsStatutory regulations
734
When adverse claim must be filedTime how computed
738
IntroductoryWhat courts are courts of competent jurisdiction
746
Conclusions
749
Character of the actionAt law or in equityPleadings
754
Placers and Other Forms op Deposit
757
422 Petroleum
765
Beds of streams
771
THE LOCATION AND ITS REQUIREMENTS
777
Character of the land established by the patent
779
Unit of placer locationsDiscovery in each twentyacre tract
781
THE SURFACE COVERED BY THE LOCATION
787
788 CotenancyHow createdGeneral rules governing tenants
788
Remedy of excluded cotenantAccounting between tenants
790
448a Limitation as to size and form of claims under District rules
796
Partnership property
802
State legislation as to marking boundaries of placer claims
804
Foreign waterFlooding
808
LEGAL OBSTACLES INTERRUPTING THE EXTRA
809
Tunnel Claims
811
To what extent owner of minerals may use surface
813
MANNER OP PERFECTING TUNNEL LOCATION
815
Right of surface support an absolute oneNegligence not
819
Length upon the discovered lode awarded to the tunnel discoverer
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
Causes leading up to the passage by congress of the act creating
848
Coal Lands
849
Private entry under Revised Statutes section twentythree hun
854
Assignability of inchoate righto
860
Burden of proof in cases of underground trespasses
866
Millsites
868
Inspection and survey
873
The act of July 26 1866
877
Qualification of the doctrine that the extent of the extralateral
878
VI THE TITLE ACQUIRED AND RIGHTS CONFERRED
881
The Character op the Tenure
883
Nature of the estate compared with copyholds at common
895
Dower within the states
901
FEDERAL STATUTES RELATING TO MINES
906
The right to the surface and presumptions flowing therefrom
909
Cross lodes before the supreme court of Montana
926
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Δημοφιλή αποσπάσματα

Σελίδα 458 - 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 880 - 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 459 - 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, irrespective of any benefit from any improvement proposed by such corpo-ration, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.
Σελίδα 459 - That private property shall not be taken or damaged, for public or private use, without just compensation.
Σελίδα 837 - ... 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 871 - ... 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 749 - 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 456 - 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 792 - ... all placer-mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public land surveys, and the rectangular subdivisions of such surveys...

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