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, Band 1

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Bancroft-Whitney, 1903 - 2150 Seiten

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Inhalt

Identity and continuity of veins involved in the exercise of
34
HISTORICAL REVIEW OF THE FEDERAL POLICY
45
First congressional action on the subject of mineral lands
51
THE PATENT
55
The Louisiana purchase and legislation concerning lead mines
57
FROM THE DISCOVERY OF GOLD IN CALI
62
Dips spurs and angles of lode claims
67
Extent of extralateral right passing by conveyance of part
73
Local rules as forming part of present system of mining
74
FROM THE PASSAGE
80
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
618a Effect on extralateral right where the owner of the location con
101
Character of the land established by the patent
102
Accession to the national domain during the fourth period
106
New MEXICOPP 18791886
113
LANDS SUBJECT TO APPROPRIATION UNDER
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
155
Geological surveys 104 General system of land surveys
156
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
GRANTS TO THE STATES AND TERRITORIES FOR EDUCATIONAL AND INTERNAL IMPROVEMENT PURPOSES
203
Restrictions upon the definition of mineral lands when con
210
RAILROAD GRANTS
211
In construing the term mineral lands as applied to administra
216
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
Conclusions
266
TOWNSITES
267
Rules of interpretation applied to townsite laws
273
Correlative rights of mining and townsite claimants recognized
287
LODE CLAIMS
288
Effect of patents issued for lands within townsites
296
What constitutes a mine or valid mining claim within the meaning
302
title
303
INDIAN RESERVATIONS
318
Effect of creating an Indian reservation embracing prior valid
326
MILITARY RESERVATIONS
328
Order in which acts are performed immaterialTime when non
330
NATIONAL PARK AND FOREST RESERVATIONSRESERVA TIONS FOR RESERVOIR SITES
334
Forest lien selections under the act of June 4 1897
348
OCCUPANCY WITHOUT COLOR OF TITLE
368
PERPETUATION OF THE ESTATE BY ANNUAL
372
Conclusions
378
MINERAL LANDS
380
Right of each cotenant to occupy and use the common property
391
ALIENS
393
WHAT IS AND WHAT IS NOT THE SUBJECT
395
Conclusions
408
GENERAL PROPERTY RIGHTS OF ALIENS
415
DISTRICT OF ALASKAPP 17791791
419
TITLE IV
425
utility
427
LODE CLAIMS
431
Drainage easements and rights of way for mining purposes
448
Provisions of state constitutions on the subject of eminent
454
Rights of way for pipelines for the conveyance of oil and natural
461
The rule in Nevada Arizona Montana and Georgia
464
The rule in Pennsylvania West Virginia California and Oregon
470
LOCAL DISTRICT REGULATIONS
476
Regulations concerning records of mining claims
486
t V OF THE ACQUISITION OF TITLE TO PUBLIC
493
Under the act of 1866 parallelism of end lines not required
576
Introductory
580
EXTRALATERAL RIGHTS FLOWING FROM
582
THE LOCATION AND ITS REQUIREMENTS
589
THE DISCOVERY
600
Extent of locators rights after discovery and prior to completion
616
Annual labor under local rules Provisions of the federal
623
Object of requirement as to development work
627
Work done outside of the boundaries of a claim or group
631
THE PRELIMINARY NOTICE AND ITS POSTING
633
Place and manner of posting
641
What constitutes a valid resumption of work
652
363a Surface conflicts with prior patented mining claims millsites
656
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
Proof of posting of notice and plat on the claim
683
State statutes defining character of marking
686
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
707
SOUTH DAKOTAPP 18981906
708
Effect of failure to record within the time limited
710
Proof of record 392 The record as evidence
711
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 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
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
Manner of perfecting relocationsStatutory regulations
734
Effect of failure to file an adverse claim
742
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
781
TENANTS IN COMMON
782
THE SURFACE COVERED BY THE LOCATION
787
CotenancyHow created General rules governing tenants
788
Remedy of excluded cotenantAccounting between tenants
790
Nature of relationship
796
Placer locations by corporations
798
State legislation as to marking boundaries of placer claims
804
IntroductoryStatutory regulations on the subject of mine
806
LEGAL OBSTACLES INTERRUPTING THE EXTRA
809
TUNNEL CLAIMS
811
MANNER OF PERFECTING TUNNEL LOCATION
815
Right limited to support of soil in its natural stateBuildings
820
Length upon the discovered lode awarded to the tunnel discoverer
821
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
Necessity for definition of term hydraulic mining
851
Private entry under Revised Statutes section twentythree hun
856
SALINES
863
Burden of proof in cases of underground trespasses cimitation de samende tres pause against
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
MINES AND MINING CLAIMS AS SUBJECTS OF CONTRACT
886
OF THE PROCEEDINGS TO OBTAIN UNITED STATES
888
Nature of the estate compared with inchoate preemption
897
FEDERAL STATUTES RELATING TO MINES
906
General principles Negligence as an element
910
CROSS LODES
912
claims
924
Urheberrecht

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