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, Količina 1

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Bancroft-Whitney, 1903 - 2150 strani

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INTRODUCTORY
47
IntroductoryPeriods of National History
48
FROM THE FOUNDATION OF THE GOVERNMENT TO THE DISCOVERY OF GOLD IN CALIFORNIA 28 Original nucleus of national domain ...
49
THE PATENT
55
FROM THE DISCOVERY OF GOLD IN CALI
62
Legislative and judicial recognition by the state
69
Federal recognition
73
Local rules as forming part of present system of mining
74
Federal legislation during the second period
75
48 Executive recommendations to congress
76
Secretary of the interior
77
49 Coal land laws Mining claims in NevadaSutro tunnel
78
FROM THE PASSAGE OF THE LODE LAW OF 1866 TO THE ENACTMENT OF THE GENERAL LAW OF May 10 1872
80
Recognition of local customs and possessory rights acquired there
83
Terms of reservation employed in various acts
86
Mine and mineral indefinite terms
87
English denotationMine and mineral in their primary sense
88
Enlarged meaning of mine
89
Mineral as defined by the English and Scotch authorities
90
Construction of the act by the land department
91
Substances classified as mineral under the English decisions
92
FROM THE ENACTMENT
98
Local rules and customs since the passage of the
105
New MEXICO PP 18791886
113
TITLE III
117
MONTANAPP 18531861
121
American cases defining mine and mineral
133
Mineral lands as defined by the American tribunals
139
Interpretation of terms by the land department
144
American rules of statutory interpretation
149
Substances held to be mineral by the land department
151
Rules for determining mineral character of land
153
THE PUBLIC SURVEYS AND THE RETURN OF THE SURVEYORGENERAL 102 No general classification of lands as to their character 8 103 Ge...
155
What constitutes the surveyorgenerals return 8 106 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
LANDS SUBJECT TO APPROPRIATION UNDER
168
Adjustment of claims to Mexican grants in California
175
Grants of the second classcommonly called floats
182
Grants which have been finally confirmed under the act of March
195
Introductory
202
GRANTS TO THE STATES AND TERRITORIES FOR EDUCATIONAL AND INTERNAL IMPROVEMENT PURPOSES
203
Manner of acquiring homestead claims
204
Nature of inceptive right acquired by homestead claimant
205
Location of mining claims within homestead entries
206
Proceedings to determine the character of the land
207
When decision of land department becomes tinal
208
The reservation of known mines in the preemption laws
209
Restrictions upon the definition of mineral lands when con
210
RAILROAD GRANTS
211
Desert lands
212
In construing the term mineral lands as applied to administra
216
Rights upon the public domain cannot be initiated by forcible entry upon the actual possession of another
217
Appropriation of public mineral lands by peaceable entry in good
218
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 rights of
243
Construction of railroad grants by the land department
251
Physical and industrial conditions as affecting the rule of public utility
257
The rule in Nevada Arizona Montana and Georgia
258
Arizona
259
Test of mineral character of land applied to railroad grants
260
The rule in Pennsylvania West Virginia California and Oregon
261
West Virginia
262
California
263
263a Oregon 264 Conclusions
264
Conclusions
266
TOWNSITES
267
268 Introductory
268
Manner of organizing districts
269
Permissive scope of local regulations
270
Acquiescence and observance not mere adoption the test
271
Regulations how proved Their existence a question of fact for the jury their construction a question of law for the court
272
Rules of interpretation applied to townsite laws
273
Penalty for noncompliance with district rules
274
Correlative rights of mining and townsite claimants recognized
287
Effect of patents issued for lands within townsites
296
778 Conclusiveness of patent as to form and extent of surface bounda
301
What constitutes a mine or valid mining claim within the meaning
302
WHAT IS AND WHAT IS NOT THE SUBJECT OF AN ADVERSE
313
INDIAN RESERVATIONS
318
Effect of creating an Indian reservation embracing prior valid
326
MILITARY RESERVATIONS
328
Order in which acts are performed immaterial Time when
330
NATIONAL PARK AND FOREST RESERVATIONSRESERVA TIONS FOR RESERVOIR SITES
334
Where such discovery must be made
337
Forest lien selections under the act of June 4 1897
345
Necessity for and object of marking
371
Time allowed for marking
372
What is sufficient marking under the federal
373
State statutes defining character of marking
374
Perpetuation of monuments
375
The location certificateIts purpose
379
OF THE PERSONS WHO MAY ACQUIRE RIGHTS TO PUBLIC MINERAL LANDS ARTICLE I CITIZENS II ALIENS III GENERAL PROPERTY...
380
Rules of construction applied
381
382 Variation between calls in certificate and monuments on
382
Right of each cotenant to occupy and use the common property
391
Local rules and regulations before the land department
490
OF THE ACQUISITION OF TITLE TO PUBLIC
493
INTRODUCTORY II LODE VEIN LEDGE III ROCK IN PLACE
495
Elements to be considered in the judicial application of defini
502
290a Definition and illustrations formulated by Mr Ross E Browne
508
ROCK IN PLACE
523
TOP OR APEX
532
The ideal lode and its apex
540
location
551
Hypothetical illustrations based upon the mode of occurrence
559
312a Theoretical apex where the true apex is within prior patented
563
ground
564
Origin and use of the term extralateral
565
618a Effect on extralateral right where the owner of the location con
568
572 The right to patent under the act of 1860 and its restriction
572
Downward course
574
Introductory
580
EXTRALATERAL RIGHTS FLOWING FROM
582
THE LOCATION AND ITS REQUIREMENTS
589
Rights conferred by placer locations as compared with lode loca
619
THE DISCOVERY SHAFT AND ITS EQUIVALENT
621
Annual labor upon placer claims
625
Relationship of the discovery to the discovery shaft
629
Work done outside of the boundaries of a claim or group
631
First group
636
THE SURFACE COVERED BY THE LOCATION
643
Surface conflicts with prior unpatented locations
649
claims
650
363a Surface conflicts with prior patented mining claims millsites
656
The end lines
670
Posting of the notice and copy of the plat on the claim
677
Proof of posting of notice and plat on the claim
683
Proof of mineral character of the land
689
Natural objects and permanent monuments
703
Effect of failure to comply with the law as to contents of certi ficate
705
385 Verification of certificates
706
THE RECORD 389 Time and place of record 390 Effect of failure to record within the time limited 391 Proof of record 392 The record as eviden...
707
South DAKOTAPP 18981906
708
CHANGE OF BOUNDARIES AND AMENDED OR ADDITIONAL LOCATION CERTIFICATES 396 Circumstances justifying change of boundaries
713
Privilege of changing boundaries exists in the absence of inter vening rights independent of state legislation
716
Objects and functions of amended certificates
718
Prior patentees and prior patent applicants
719
RELOCATION OF FORFEITED OR ABANDONED CLAIMS 402 Circumstances under which relocation may be made 403 New discovery not esse...
721
Mineral claimant v townsite applicant
722
Relocation admits the validity of the original 405 Relocation by original locators
724
Leases licenses and conveyances executed by one of several
726
Period within which work must be done Can preliminary work
727
728 Coowners
728
Relocation by one of several original locators in hostility to the others
731
Relocation by agent or others occupying contractual or fiduciary relations with original locator
733
Adverse claimHow assertedContents of the claimAmend
734
LODES WITHIN PLACERS
739
Effect of failure to file an adverse claim
742
The state courts
748
Character of the action At law or in equityPleadings
754
PLACERS AND OTHER FORMS OF DEPOSIT
757
Building stone and stone of special commercial value
765
Beds of streams
771
THE LOCATION AND ITS REQUIREMENTS
777
Rules governing discovery the same as in lode locations
779
TENANTS IN COMMON
782
Preliminary development work required by state laws upon placer
786
CotenancyHow created General rules governing tenants
788
Partition of mining property
792
448b Surface conflicts with prior locations
796
Special instances wherein mining partnerships held to be created
798
State legislation as to marking boundaries of placer claims
804
IntroductoryStatutory regulations on the subject of mine
806
TUNNEL CLAIMS
811
Face of tunnel defined
818
Right limited to support of soil in its natural stateBuildings
820
Responsibility of surface owner for injuries to miners rights
826
The Colorado rule
828
General principles Negligence as an element
832
Judge Halletts views
834
The use of water in the conduct of mining operations
838
Tunnel locations before the supreme court of the United States
840
Measure of damages for unlawfully depositing debris on
844
COAL LANDS
849
Essential features of the congressional act creating the California
850
Private entry under Revised Statutes section twentythree
856
SALINES
863
Introductory
865
Right to millsiteHow initiated
870
Injunction
872
53 The act of July 26 1866
877
Philippine Islands
879
THE TITLE ACQUIRED AND RIGHTS CONFERRED
881
THE CHARACTER OF THE TENURE
883
OF THE PROCEEDINGS TO OBTAIN UNITED STATES
888
Actual and constructive possession under miners rules
889
Nature of the estate compared with copyholds at common
895
Dower within the states
901
DISTRICT OF ALASKAPP 17791791
904
FEDERAL STATUTES RELATING TO MINES
906
The right to the surface and presumptions flowing therefrom
909
THE NATURE AND EXTENT OF PROPERTY RIGHTS CONFERRED
932
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Priljubljeni odlomki

Stran 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...
Stran 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.
Stran 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...
Stran 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.
Stran 459 - That private property shall not be taken or damaged, for public or private use, without just compensation.
Stran 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.
Stran 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...
Stran 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...
Stran 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...
Stran 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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