The Law of Mines and Mining Injuries

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

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CHAPTER IV
42
Locations in name of another
46
Mining claims on school and railroad grants
47
Locator must work claim
48
Character of work necessary
49
Same When owned by several
50
When annual labor should commence
51
How long work should continue
52
Of the nature and effect of patents 59 Rights acquired under certificate of entry
59
Date at which patent takes effect
60
Reservations and exceptions
61
What patent conveys
62
Who may be patentee
63
Void patent Effect
64
Patent obtained by fraud
65
Same Estoppel
66
Mining claims on school lands
67
Contests between mining and townsite patentees
68
Mining customs on government land 70 Same Ratification by government
70
How far governed by State laws
71
Must be reasonable
72
Judicial recognition of rules and customs
73
Custom and usage distinguished
74
How rules and customs are established
75
Same Best evidence of district rule
76
Same General and special customs
77
Rule or custom must be still in force
78
Antiquity of custom not essential
79
How title established under
80
Term mineral limited
81
Form part of contracts
82
Will not justify deposit of tailings or refuse on adjacent land
83
Property and fixtures sometimes determined
84
Right to surface support not dependent upon
85
How rules and customs are construed 87 Same In cases of forfeiture
100
CHAPTER VII
117
Sales by executors and administrators
135
Partition of mines
136
CHAPTER VIII
138
Agent cannot make secret profit
144
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
166
What acts constitute a breach
167
Covenants and conditions of lease
168
Right to work Incidental privileges
170
Manner of working Particular covenants
171
Instroke and outstroke 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
Forfeiture Effect of 188 Same For lessors beneit solely
188
Risks assumed by lessee
194
Liability to strangers
196
Right of reentry
198
When same can be exercised
199
CHAPTER XI
201
Opened and unopened mines
207
Liability to lessor
208
For removing barriers
210
154 For drowning mine 155 In regard to cotenants
211
Disseisin Liability for rents and profits
213
Liability to third persons
215
Crossing boundary Measure of damages
217
Drainage of mine
218
Liabilities of under lessee
219
Liability for injuries from negligence
220
CHAPTER XII
223
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
247
Same Drainage through adjoining well 185 Abandonment of lease
249
Same Lessees right to casing and ixtures
250
Waste a ground for reentry
255
CHAPTER XIII
256
Licensee under mining register 201 Licensee bound by rules in register
272
Revocation of the license
274
When licensee deemed a trespasser 204 Assigoment 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
Way of necessity
294
Who must repair the way 223 Public right of
295
Right to cut timber on government land
296
Timber rights on private lands
297
Easement in watercourses
298
Legalized nuisances
299
CHAPTER XV
300
How right is acquired
309
How it is perfected 235 How it is lost 236 Fouling water with refuse matter
312
Right to divert
314
Sale and transfer of water right
315
Subterranean streams No easement
317
As to percolations
319
Artificial watercourses
320
CHAPTER XVI
322
Equity will not enforce
323
Distinguished from abandonment
324
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
CHAPTER XVII
345
Contracts to purchase
349
Covenant to work mines 264 Contract for sale of
354
Lease construed as contract of sale
356
Assignment of royalty
357
Time of the essence of mining contricts 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
Sale may be avoided
388
Agent cannot delegate authority
389
Revocation of authority 294 Agents of corporations
390
Company not bound by acts of members 296 Power of superintendent Supplies
392
Directors the agents of company
393
Agents appointed by directors
394
Limitation upop authority 300 Agents who exceed authority
395
Agents in judicial proceedings
396
CHAPTER XX
398
304 Residence
404
Seal and bylaws
405
Meetings and record
407
Corporate stock Transfer
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
313 Oficers 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
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 XXI
440
Coowners partners in profits only
448
Rights and remedies of coowners
450
Equitys jurisdiction in such cases
451
Devisees of mines 338 When shares in mines considered realty
452
Partners authority to bind firm
453
How liability deterinined 341 Liability for supplies
456
On commercial paper
458
Misconduct of trustees or managers
478
Contracts of jointstock companies
479
Company property and assets
480
Right to hold real estate
481
Consolidation of different companies
482
Parties to actions by and against
483
Actions between company and members 366 Judgments and execution against 367 Dissolution of company
487
CHAPTER XXIII
489
Calls Lien Forfeiture 379 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
Receiver of the mine 352 Laches in mining partnership
507
Owners should furnish safe machinery
513
Should furnish suitable employees
517
Negligence of fellowservants
519
Who are fellow servants in a mine
520
Master acting as workman
522
Acts of independent contractor
523
Means of ingress and egress
524
396 Duty as regards place of work 397 Liability for falling 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
Employers liability to third persons
537
Termination of service
538
CHAPTER XXV
540
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
CHAPTER XXVI
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
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
When and where claim must be filled
583
As between lode and placer claimant 444 In cases of overlapping claims 444a Appeals Land officers duties
591
Knowledge of defect bars recovery
594
Injuries from falling bodies
595
Dangerous roof from negligence
597
Assumed risks What are Accidents
599
Negligence of fellow servant No liability
600
Who are fellowservants
601
Negligence of hoisterman
602
Department doctrine
603
Uasafe 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
CHAPTER III
634
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
Flowing 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 IV
660
Against representative of lessee
663
In respect to mineral deposits
665
Rights of lessee at common law 505 Wrong consists in opening soil
668
What considered new mine 507 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 under code
674
When equity will interfere
676
CHAPTER V
678
Covenant of warranty
688
Who can maintain the action
689
Against joint and several covenantors
690
How to plead the breach
692
Equitable relief against penalties
693
Injunction to restrain breach
694
CHAPTER VI
698
Mesne lessee not liable therefor Defenses
710
As regards fixtures
713
Equitable defenses
714
CHAPTER VII
716
CHAPTER VIII
732
For removal of fixtures
738
When licensee can maintain action 555 For injury to freehold Who may
741
For wrongfully cutting timber
742
For diverting watercourse
744
For a continuing nuisance
745
For miscellaneous injuries
747
Lessee wrongfully holding over
749
Trespass by corporations
750
Specific cases
752
CHAPTER IX
754
Buildings and timber
757
For recapture of mineral
759
Measure of damages for removal of ore 569 Title may be incidentally raised
763
Where property has been confused
765
What possession essential 572 Licensee cannot maintain
768
Action on bond
769
CHAPTER X
771
Who can Ale lien 579 Labor and materials
779
Partners and cotenants 581 Prevented by assignment of debt
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
Partners on government mining claims 599 Rule in Federal courts
797
Manner of decreeing 601 Of water right inpracticable
798
Right to may be waived
799
CHAPTER XII
800
Incident to injunction and partition
806
Measure of recovery
807
Restricted to period of limitation 612 Laches and estoppel may prevent
808
CHAPTER XIII
810
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
RECEIVERS OF MINES SECTION 627 Grounds of equitys jurisdiction 628 Of the property transferred to receiver
824
Discretionery Refused in doubtful cases
826
Possessory actions Solvency of possessor 631 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 hearing 637 Delay or laches will prevent
833
CHAPTER XV
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
Liability for promoters contracts 316 Liability of directɔrs who exceed authority
946

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Stran 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...
Stran 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.
Stran 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.
Stran 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...
Stran 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...
Stran 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...
Stran 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.
Stran 55 - Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required...
Stran 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...
Stran 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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