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" As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and... "
The Mines of Colorado - Page 373
by Ovando James Hollister - 1867 - 450 pages
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Parliamentary Papers, Volume 41

Great Britain. Parliament. House of Commons - Great Britain - 1894 - 514 pages
...legislation by Congress, the local Legislature of any State or territory may, as a condition of sale, provide rules for working mines involving easements,...necessary means to their complete development ; and it is provided that such conditions shall be fully expressed in the patent. The conditions referred...
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Pa-ha-sa-pah: Or, The Black Hills of South Dakota. A Complete History of the ...

Peter Rosen - Black Hills (S.D. and Wyo.) - 1895 - 728 pages
...mill site as provided in this section (Act of Congress, May 10, Ch. 152, Sec. 115.) " Sec. 2338. As a condition of sale in the absence of necessary legislation...conditions shall be fully expressed in the patent. (Act of Congress, July 26, 1886, Ch. 262, Sec. 5.) " Sec. 2339. Whenever, by priority of possession,...
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A Treatise on the American Law Relating to Mines and Mineral Lands ..., Volume 2

Curtis Holbrook Lindley - Electronic books - 1897 - 888 pages
...Repealed by Act of May 10, 1872, § 9. States May Supply Legislation Regulating the Working of Mines. § 5. And be it further enacted, that as a further condition...conditions shall be fully expressed in the patent. Repealed by Act of May 10, 1872, f 9. Adverse Claim; Stay of Proceedings. § 6. And be it further enacted,...
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Alaska

International Bureau of the American Republics - Alaska - 1897 - 148 pages
...therewith, may also receive a patent for his mill-site, as provided in this section. SEC. 2338. As a condition of sale, in the absence of necessary legislation...conditions shall be fully expressed in the patent. SEC. 2339. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing,...
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A Treatise on the American Law Relating to Mines and Mineral Lands ..., Volume 2

Curtis Holbrook Lindley - Mining law - 1897 - 868 pages
...acquiring patent for millsites: § 708. State Legislatures May Pass Supplementary Laws. § 2338. As a condition of sale, in the absence of necessary legislation...conditions shall be fully expressed in the patent. Same as § 5, Act 1866. Easements, drainage, etc.: §§ 252-264, 520'531. Prior Rights to Water Protected;...
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Mineral Law Digest Embracing a Digest of Decisions of the Courts and of the ...

Horace Fletcher Clark, Charles C. Heltman, Charles F. Consaul - Mines and mineral resources - 1897 - 594 pages
...are similar mines in the hands of private proprietors. Stokes v. Barrett, 5 Cal. 36 (1805). 15. As a condition of sale, in the absence of necessary legislation...conditions shall be fully expressed in the patent Act of July 26, 1866 (14 Stat 252); sec. 2338, US Rev. Stat 16. Section 2338, United States Revised...
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The Mine, Quarry and Metallurgical Record of the United States, Canada and ...

Mine and Quarry News Bureau - Mineral industries - 1897 - 710 pages
...mill-bite, as provided in thia section. XX. CONDITIONS OF SALE BY LOCAL LEGISLATURE: Sec. 2338. As a XXI. WATER RIGHTS: Sec. 2339. Whenever, by priority of possession, rights to the use of water for mining,...
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A Treatise on the American Law Relating to Mines and Mineral Lands ..., Volume 1

Curtis Holbrook Lindley - Mineral lands - 1897 - 780 pages
...congress, the local legislation of any state "or territory may provide rules for working mines, involv" ing easements, drainage, and other necessary means to...conditions shall " be fully expressed in the patent." Arizona2 and Colorado3 have enacted laws providing for and regulating drainage of mines; and in the...
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Miners' Manual, United States, Alaska, the Klondike: Containing Annotated ...

Horace Fletcher Clark, Charles C. Heltman, Charles F. Consaul - Alaska - 1898 - 450 pages
...notary public of any State or Territory. (See Adverse claims.) GENERAL LEGISLATION. Sec. 2338, RS As a condition of sale, in the absence of necessary legislation...conditions shall be fully expressed in the patent. Sec. 2339. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing,...
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Public Land and Mining Laws of Alaska, the Northwest Territory, and the ...

Alaska - 1898 - 790 pages
...this section. WHAT CONDITIONS OF SALE MAY BE MADE BY LOCAL LEGISLATURE. Sec. 2338. 26 July, 1866. As a condition of sale, in the absence of necessary legislation...conditions shall be fully expressed in the patent. VESTED RIGHTS TO USE OF WATER FOR MINING, &C; RIGHT OF WAY FOR CANALS. Sec. 2339. 26 July, 1866. Whenever,...
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