Mines and Mining: A Commentary on the Law of Mines and Mining Rights, Both Common Law and Statutory; with Appendices Containing the Federal Statute and the Statutes of the Western States and Territories Relating to Mining for Precious Metals on the Public Domain, and Forms for Use in Application for Patent and Adverse Suits, Volume 1
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abandonment acquired adverse amendment Appeal application authority become boundaries California cited citizen claimant Coal Colo condition congress Cons considered containing course customs decisions defined definition deposit develop discovery district early effect evidence exist extent fact federal feet filed forfeiture gives gold grant ground held hold Idaho intention Iron Justice known labor land office legislation limits lode manner marking matter means ment mineral lands mining claim Mont Montana nature necessary notice observations original owner parties patent performed person placer possession principle proof provisions question reason recognized record reference reservation rock rule Sawy settled Silver Stat statute sufficient supra supreme court surface term territory tion tunnel United Utah valid vein
Page 675 - 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, 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 170 - State, and whenever, on the line thereof, the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from preemption, or other claims or rights, at the time the line of said road is definitely fixed, and a plat thereof filed in the office of the Commissioner of the General Land Office...
Page 263 - ... the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface ; and locations on the line of such tunnel...
Page 482 - ... labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners...
Page 441 - ... [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 214 - 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 119 - 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...
Page 485 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.
Page 682 - Speaking exactly by this definition, it would often be very difficult If not impossible, for the challenged proprietor of a mineral vein to convince a Jury of the continuity of the vein from one part to another, for there might not be continuity by actual contact of the parts or contiguity, which the precise...
Page 370 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year.