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

Mnenja - Napišite recenzijo

Na običajnih mestih nismo našli nobenih recenzij.

Vsebina

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
Mineral resources of the territory ceded by the states
50
30 First congressional action on the subject of mineral lands
51
31 Reservation in crown grants to the colonies
53
32 No development of copper mines until 1845
54
The Louisiana purchase and legislation concerning lead mines 34 Message of President Polk
57
Sales of land containing lead and copper under special laws
58
36 Reservation in preemption laws
60
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
Relationship of surface to the lode
85
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
LANDS SUBJECT TO APPROPRIATION UNDER
117
P 1853
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 103 Geo...
155
What constitutes the surveyorgenerals return 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
STATUS OF LAND AS TO TITLE AND POSSESSION ARTICLE I INTRODUCTORY II MEXICAN GRANTS
168
Claims to mines asserted under the Mexican mining ordinances
177
Grants confirmed under the California
185
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
Restrictions upon the definition of mineral lands when con
210
RAILROAD GRANTS
211
In construing the term mineral lands as applied to administra
216
141 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
257
Test of mineral character of land applied to railroad grants
260
Effect of patents issued to railroad companies
266
TOWNSITES
267
Prior occupancy of public mineral lands within unpatented town
276
Correlative rights of mining and townsite claimants recognized
287
Effect of patents issued for lands within townsites
296
What constitutes a mine or valid mining claim within the meaning
302
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
TITLE XIII
340
Forest lien selections under the act of June 4 1897
348
When decision of land department becomes tinal
358
The reservation of known mines in the preemption laws
362
Timber and stone lands
364
Scrip
366
Desert lands
368
Appropriation of public mineral lands by peaceable entry in good faith upon the possession of a mere occupant without color of title
372
Conclusions
378
MINERAL LANDS
380
Right of each cotenant to occupy and use the common property
391
ALIENS 231 Acquisition of title to unpatented mining claims by alieng
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
Remedy of excluded cotenantAccounting between tenants
398
Manner of perfecting relocationsStatutory regulations
408
GENERAL PROPERTY RIGHTS OF ALIENS
410
NORTH DAKOTAPP 18861892
413
DISTRICT OF ALASKAPP 17791791
419
TITLE IV
425
utility
427
Mining as a public use
458
The rule in Nevada Arizona Montana and Georgia
464
Arizona
466
259a Montana
467
Georgia
469
The rule in Pennsylvania West Virginia California and Oregon 262 West Virginia
470
California
471
263a Oregon
473
Conclusions
474
Judicial definitions and their application The Eureka case
513
ROCK IN PLACE
523
TOP OR APEX
532
Illustrations of a departure from the ideal lode The case
545
312a Theoretical apex where the true apex is within prior patented
563
Origin and use of the term extralateral
565
LEGAL OBSTACLES INTERRUPTING THE EXTRA
568
572 The right to patent under the act of 1860 and its restriction
572
Downward course
574
EXTRALATERAL RIGHTS FLOWING FROM
582
The metallic or nonmetallic character of deposits occurring
585
Locations made by agents
589
Acts necessary to be performed to constitute a valid lode location
592
THE DISCOVERY
600
SamePrior agricultural grants
612
Extent of extralateral right passing by conveyance of part
618
THE DISCOVERY SHAFT AND ITS EQUIVALENT
621
Requirement as to annual labor imperative in order to protect
624
Relationship of the discovery to the discovery shaft
629
Work done within the limits of a group of claims in furtherance
630
First group
636
THE SURFACE COVERED BY THE LOCATION
643
Surface conflicts with prior unpatented locations
649
THE PATENT
652
363a Surface conflicts with prior patented mining claims millsites
656
Decisions of the land department upon questions of law
666
The end lines
670
The survey of placer claimsDescriptive report
672
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
The application for patentIts contents
680
State statutes defining character of marking
686
Proof of title by possession without location under section twen
688
Perpetuation of monuments
690
THE LOCATION CERTIFICATE AND ITS CONTENTS 379 The location certificateIts purpose
693
State legislation as to contents of location certificate
695
Rules of construction applied
698
382 Variation between calls in certificate and monuments on the ground
701
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
Conclusiveness of patent as to form and extent of surface bounda
714
Privilege of changing boundaries exists in the absence of inter vening rights independent of state legislation
716
Character of land Agricultural claimants
717
Objects and functions of amended certificates
718
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
Relocation by one of several original locators in hostility to the others
731
728 Coowners
732
Relocation by agent or others occupying contractual or fiduciary relations with original locator
733
LODES WITHIN PLACERS
739
Effect of failure to file an adverse claim
742
Nature of relationship
744
The state courts
748
TITLE VII
754
PLACERS AND OTHER FORMS OF DEPOSIT
757
Petroleum
765
Beds of streams
771
THE LOCATION AND ITS REQUIREMENTS
777
Unit of placer locationsDiscovery in each twentyacre tract
779
What is conveyed by a lode patent
780
Preliminary development work required by state laws upon placer
786
CotenancyHow created General rules governing tenants
788
448a Limitation as to size and form of claims under District rules
796
Mining partnershipHow created
797
Dissolution
803
State legislation as to marking boundaries of placer claims
804
TUNNEL CLAIMS
811
MANNER OF PERFECTING TUNNEL LOCATION
815
Right limited to support of soil in its natural stateBuildings
820
Rule of interpretation applied
821
Responsibility of surface owner for injuries to miners rights
826
The Colorado rule
828
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
General principles Negligence as an element
850
Private entry under Revised Statutes section twentythree hun
856
Licenses and their distinguishing attributes
860
SALINES
863
Burden of proof in cases of underground trespasses
866
Different classes of millsites
869
Injunction
872
53 The act of July 26 1866
877
THE MINING INDUSTRY AND LAWS OF INSULAR POSSES
878
THE CHARACTER OF THE TENURE
883
Federal recognition of the doctrine
890
MINES AND MINING CLAIMS AS SUBJECTS OF CON
891
Nature of the estate compared with inchoate preemption
897
FEDERAL STATUTES RELATING TO MINES
906
CROSS LODES
912
Cross lodes before the supreme court of Montana
926
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