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

Sprednja platnica
Bancroft-Whitney, 1903 - 2150 strani

Iz vsebine knjige

Vsebina

HISTORICAL REVIEW OF THE FEDERAL POLICY
45
INTRODUCTORY
47
FROM THE FOUNDATION OF THE GOVERNMENT TO THE DISCOVERY OF GOLD IN CALIFORNIA
48
Original nucleus of national domain 29 Mineral resources of the territory ceded by the states 30 First congressional action on the subject of mineral ...
49
Message of President Polk
57
Sales of land containing lead and copper under special laws
58
Reservation in preemption laws
60
CHAPTER III
62
Dips spurs and angles of lode claims
67
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
Executive recommendations to congress
77
Coal land lawsMining 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
Declaration of governmental policy
82
AND IMPROVEMENT
83
85 Necessity for definition of terms
85
Terms of reservation employed in various acts
86
Mine and mineral indefinite terms
87
English denotationMine and mineral in their primary sense
88
89 Enlarged meaning of mine
89
Mineral as defined by the English and Scotch authorities
90
Construction of the act by the land department
91
FROM THE ENACTMENT
98
Local rules and customs since the passage of the
105
Outline of the federal systemScope of the treatise
112
LANDS SUBJECT TO APPROPRIATION UNDER
117
Laws relating to the location and development of mining claims
121
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
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 103 Geol...
155
What constitutes the surveyorgenerals return 106 Prima facie character of land established by the return
157
107 Character of land when and how established
163
108 Jurisdiction of courts to determine character of land when question is pending in land department
164
STATUS OF LAND AS TO TITLE AND POSSESSION ARTICLE I INTRODUCTORY II MEXICAN GRANTS
168
MEXICAN GRANTS 113 Introductory 114 Ownership of mines under Mexican
170
Nature of title conveyed to the United States by the treaty
172
Obligation of the United States to protect rights accrued prior to the cession
173
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
HOMESTEAD AND OTHER AGRICULTURAL 202 Introductory CLAIMS
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
Other grants for schools and internal improvements 135 Conflicts between mineral claimants and purchasers from the states
206
207 Proceedings to determine the character of the land
207
Mineral lands exempted from the operation of grants to the states
208
The reservation of known mines in the preemption laws
209
Restrictions upon the definition of mineral lands when con sidered with reference to school land grants
210
Scrip
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
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
faith upon the possession of a mere occupant without color of title 219 Conclusions
219
When grants to the sixteenth and thirtysixth sections take effect
223
144a Conclusiveness of state patents as to character of land
236
RAILROAD GRANTS
237
Grants of particular sections as construed by the courts
246
Restrictions upon the definition of mineral lands when con
256
Physical and industrial conditions as affecting the rule of public
257
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
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
NATIONAL PARK AND FOREST RESERVATIONSRESERVA TIONS FOR RESERVOIR SITES
334
essential
343
Status of mining claims within forest reservations
346
OF THE PERSONS WHO MAY ACQUIRE RIGHTS TO PUBLIC
380
TITLE XIII
389
ALIENS 231 Acquisition of title to unpatented mining claims by aliens
393
The effect of naturalization of an alien upon a location made by him at a time when he occupied the status of an alien
395
233 What is the legal status of a title to a mining claim located
398
Conclusions
406
STATE AND TERRITORIAL LEGISLATION ON THE SUBJECT
412
SOUTH DAKOTAPP 18981906
414
GENERAL PROPERTY RIGHTS OF ALIENS
415
DISTRICT OF ALASKAPP 17791791
419
TITLE IV
425
utility
427
The rule in Nevada Arizona Montana and Georgia
464
259 Arizona
466
259a Montana
467
Georgia
469
The rule in Pennsylvania West Virginia California and Oregon 262 West Virginia 263 California
471
263a Oregon
473
264 Conclusions
474
LOCAL DISTRICT REGULATIONS 268 Introductory
476
Manner of organizing districts
478
Permissive scope of local regulations
479
Acquiescence and observance not mere adoption the test 272 Regulations how provedTheir existence a question of fact for the jury their constructio...
483
Regulations concerning records of mining claims
486
Penalty for noncompliance with district rules 275 Local rules and regulations before the land department
490
OF THE ACQUISITION OF TITLE TO PUBLIC
493
INTRODUCTORY
495
Difficulties of accurate definition
496
LODE VEIN LEDGE
498
286 English and Scotch definitions 287 As defined by the lexicographers
499
As defined by the geologists
501
Elements to be considered in the judicial application of defini tionsRules of interpretation
502
The terms lode vein ledge legal equivalents
507
290a Definition and illustrations formulated by Mr Ross E Browne
508
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
ROCK IN PLACE
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 lar...
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
572 The right to patent under the act of 1866 and its restriction
572
LODE CLAIMS OR DEPOSITS IN PLACE
579
EXTRALATERAL RIGHTS FLOWING FROM
582
Vein entering and departing through the same side line
584
The metallic or nonmetallic character of deposits occurring
585
Locations made by agents
589
Annual labor upon placer claims
625
Relationship of the discovery to the discovery shaft
629
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
Circumstances under which performance of annual labor is
634
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
643
Surface area length and width of lode claims
644
Location covering excessive area
646
Surface conflicts with prior unpatented locations
649
Resumption of work prevents forfeiture
651
363a Surface conflicts with prior patented mining claims millsites and agricultural lands
656
Extralateral right where the apex is found in surface conflict
657
THE LAND DEPARTMENT AND ITS FUNCTIONS 658 Introductory
658
TITLE VII
659
Registers and receiversTheir appointment powers and duties
660
The surveyorsgeneral and their deputies
661
Commissioner of the general land officeAppointment powers and duties
662
Secretary of the interior
663
Jurisdiction of the land department
664
The effect of the decisions of the land department upon questions of fact
665
Decisions of the land department upon questions of law and mixed questions of law and fact
666
Surface must include apexLocation on the dip 365 The end lines
670
The survey of lode claims
671
The survey of placer claimsDescriptive report
672
The surveyorgenerals certificate as to expenditures
673
366 The side lines
674
367 Sideend lines
676
Posting of the notice and copy of the plat on the claim
677
THE MARKING OF THE LOCATION ON THE SURFACE 371 Necessity for and object of marking 372 Time allowed for marking 373 What is s...
678
679 Land embraced within the claim must be clear on the tract books
679
The application for patentIts contents
680
Application by one of several coownersCorporations
681
Verification of application and other proofs
682
Proof of posting of notice and plat on the claim
683
Proof of citizenship
684
Designation of newspaperAgreement of publisher
685
State statutes defining character of marking
686
687 The abstract of titleCertified copies of location notices
687
Proof of title by possession without location under section twen tythree hundred and thirtytwo of the Revised Statutes
688
689 Proof of mineral character of the land
689
375 Perpetuation of monuments
690
The posting of the notice in the registers office and proof
691
THE LOCATION CERTIFICATE AND ITS CONTENTS 379 The location certificateIts purpose
693
380 State legislation as to contents of location certificate
695
Effect of dismissal of patent application
697
Rules of construction applied
698
Variation between calls in certificate and monuments on the ground
701
383 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 evidence
707
INTRODUCTORY
710
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
Character of landAgricultural claimants
717
398 Objects and functions of amended certificates
718
RELOCATION OF FORFEITED OR ABANDONED CLAIMS
721
402 Circumstances under which relocation may be made
722
Townsite claimant v mineral applicant
723
403 New discovery not essential as basis of relocation 404 Relocation admits the validity of the original 405 Relocation by original locators
724
Relocation by one of several original locators in hostility to the others
731
728 Coowners
732
407 Relocation by agent or others occupying contractual or fiduciary relations with original locator
733
Manner of perfecting relocationsStatutory regulations
734
Right of second locator to improvements made by the first
737
When adverse claim must be filedTime how computed
738
LODES WITHIN PLACERS 413 Right to appropriate lodes within placers 414 Manner of locating lodes within placers 415 Width of lode locations...
739
746 IntroductoryWhat courts are courts of competent jurisdiction
746
754 Character of the actionAt law or in equityPleadings
754
PLACERS AND OTHER FORMS OF DEPOSIT NOT IN PLACE ARTICLE I CHARACTER OF DEPOSITS SUBJECT TO APPROPRIATION UND...
757
Specific substances classified as subject to entry under the placer laws
760
Form of judgment
763
Building stone and stone of special commercial value 422 Petroleum
765
Natural
766
424 Brick clay
767
Phosphatic deposits
768
Tailings
769
Subterranean gravel deposits in ancient river beds
770
428 Beds of streams
771
Lands under tidewaters
774
THE LOCATION AND ITS REQUIREMENTS 432 Acts necessary to be performed to constitute a valid placer loca tion under the Revised Statutes i...
777
Requisites of a valid placer location where supplemental state legislation exists
778
Rules governing discovery the same as in lode locations
779
Preliminary development work required by state laws upon placer
786
CotenancyHow createdGeneral rules governing tenants
788
790 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
LEGAL OBSTACLES INTERRUPTING THE EXTRA
809
TUNNEL CLAIMS
811
Application of the doctrine of the common law on the subject
812
MANNER OF PERFECTING TUNNEL LOCATION
815
Right of surface support reserved by implication in grant
818
Rule of interpretation applied
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
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 hun dred and fortyseven
856
Preferential right of purchase under Revised Statutes section twentythree hundred and fortyeight
858
The declaratory statement
859
Assignability of inchoate rights 507 The purchase price
860
The final entry 509 Conclusions
861
CHAPTER VI
863
Burden of proof in cases of underground trespasses
866
MILLSITES 519 The law relating to millsites
868
Different classes of millsites
869
Right to millsiteHow initiated
870
Location of millsite with reference to lode
871
Nature of use required in case of location by lode proprietor
872
Millsites used for quartz mill or reduction works disconnected with lode ownership
873
Location of junior lode claims conflicting with senior millsites
874
The act of July 26 1866
877
Qualification of the doctrine that the extent of the extralateral
878
THE TITLE ACQUIRED AND RIGHTS CONFERRED BY LOCATION
881
THE CHARACTER OF THE TENURE II THE NATURE AND EXTENT OF PROPERTY RIGHTS CONFERRED BY LODE LOCATIONS III THE ...
883
Nature of the estate as defined by the early decisions 536 Origin of the doctrine
885
Actual and constructive possession under miners rules
889
Federal recognition of the doctrine
890
Nature of the estate as defined by the courts since the enactment of general mining laws
891
Nature of the estate compared with copyholds at common
895
Nature of the estate compared with the dominium utile of the civil
896
Nature of the estate compared with inchoate preemption and homestead claims
897
Dower within the states
901
Dower within the territories
903
FEDERAL STATUTES RELATING TO MINES
906
Extent of the grant as defined by the statute
907
The right to the surface and presumptions flowing therefrom
909
Intralimital rights not affected by the form of surface location
910
Pursuit of the vein on its course beyond bounding planes of the location not permitted
911
CROSS LODES 557 Section twentythree hundred and thirtysix of the Revised Stat utes and its interpretation 558 The Colorado rule
912
Cross lodes before the supreme court of Montana
926
The ArizonaCalifornia rule
932
The views of the supreme court of the United States
934
Avtorske pravice

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

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...

Bibliografski podatki