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 the Public Domain, 1. sējums

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Bancroft-Whitney Company, 1897 - 1522 lappuses

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MINES AND MINING CLAIMS AS SUBJECTS OF CONTRACT
55
FROM THE PASSAGE
60
Title to lode claims
63
Construction by the courts
69
New provisions affecting both classes of claims
78
NORTH DAKOTA
84
LANDS SUBJECT TO APPROPRIATION UNDER
87
Mine and mineral indefinite terms
93
Enlarged meaning of mine
94
Mineral as defined by the English and Scotch authorities
95
English rules of interpretation
98
Substances classified as mineral under the English decisions
99
General principles Negligence as an element
101
American cases defining mine and mineral 94 Mineral lands as defined by the American tribunals
105
Interpretation of terms by the land department 96 American rules of statutory interpretation
113
Substances held to be mineral by the land department 98 Rules for determining mineral character of land
116
THE PUBLIC SURVEYS AND THE RETURN OF THE SURVEYORGENERAL 102 No general classification of lands as to their character 103 Geol...
117
General system of land surveys 105 What constitutes the surveyorgenerals return
118
Prima facie character of land established by the return
119
Character of land when and how established
123
STATUS OF LAND AS TO TITLE AND ARTICLE I
124
MEXICAN GRANTS 114 Ownership of mines under Mexican
125
Nature of title conveyed to the United States by the treaty
126
Obligation of the United States to protect rights accrued prior to the cession
127
Adjustment of claims to Mexican grants in California
128
Status of grants considered with reference to condition of title
131
Secretary of the interior
140
Conclusions
147
Petroleum lands
154
Jurisdiction of the land department
155
When grants to the sixteenth and thirtysixth sections take effect
160
RAILROAD GRANTS
166
Origin and use of the term extralateral
171
Distinctions between grants of sixteenth and thirtysixth sections
178
Introductory What courts are courts of competent jurisdiction
187
ARTICLE V
189
Occupancy of public mineral lands for purposes of trade or busi
195
Correlative rights of mining and townsite claimants recognized
205
The effect of the decisions of the land department upon questions
214
INDIAN RESERVATIONS
228
ARTICLE VII
236
NATIONAL PARK AND FOREST RESERVA
241
Introductory
245
TITLE XIV
250
When decision of land department becomes final
252
Scrip
258
Conclusions
266
ALIENS
278
The questions involved in the adverse suit necessarily arise under
279
The general rule
287
Conclusions
291
ARIZONA
298
STATE LEGISLATION AND LOCAL DISTRICT REGU
305
The state courts
317
Mining as a public use
329
The rule in Georgia
335
LOCAL DISTRICT REGULATIONS
341
Regulations how proved Their existence a question of fact
347
OF THE ACQUISITION OF TITLE ΤΟ PUBLIC
355
Introductory
357
The terms lode 66 vein ledge legal equivalents
368
ARTICLE III
377
Parties to the action
383
TOP OR APEX
384
Illustrations of a departure from the ideal lodeThe case
395
Relationship of the discovery to the discovery shaft
452
Extent of development work
454
THE PRELIMINARY NOTICE AND ITS POSTING 350 Local customs as to preliminary notice and its posting prior to enactment of federal lawsNot...
456
State legislation requiring the posting of noticesStates grouped
457
First group
458
Second group 354 Third group
459
Liberal rules of construction applied to notices
460
Place and manner of posting
461
THE SURFACE COVERED BY THE LOCATION ITS FORM AND RELATIONSHIP TO THE LOCATED LODE 2360 The ideal location
463
Surface area length and width of lode claims
464
Location covering excessive area
466
Surface conflicts with prior locations
467
Surface must include apexLocation on the
468
The end lines
471
Character of land Agricultural claimants
476
The side lines
477
Sideend lines
478
THE MARKING OF THE LOCATION ON THE SURFACE 371 Necessity for and object of marking 372 Time allowed for marking 373 What is suf...
479
Perpetuation of monuments
488
THE LOCATION CERTIFICATE AND ITS CONTENTS
490
The location certificateIts purpose
491
State legislation as to contents of location certificate
492
Rules of construction applied
494
Variation between descriptive calls in certificate and monuments on the ground
495
Natural objects and permanent monuments
496
Effect of failure to comply with the law as to contents of certificate
498
Verification of certificates
499
CHANGE OF BOUNDARIES AND AMENDED
504
Application for survey
506
ARTICLE XI RELOCATION OF FORFEITED OR ABANDONED
511
LODE CLAIMS
520
LODES WITHIN PLACERS
523
Character of the land established by the patent
525
СТАН
528
Width of lode locations within placers
529
Effect of the judgment
530
PLACER AND OTHER FORMS OF DEPOSITS
537
Specific substances classified as subject to entry under the placer
540
Tailings
547
TENANTS IN COMMON
552
STATE LEGISLATION AS TO POSTING NOTICES
555
Nature of relationship
558
THE MARKING OF THE LOCATION ON
564
General principles announced in previous chapter on lode locations
569
RIGHTS ACCRUING TO THE TUNNEL PROPRI
577
Entire width of apex to be included in the location Broad lodes
583
To what extent does the inception of a tunnel right and its perpetu
586
Vein crossing one end line and a side line
592
Tunnel locations before the supreme court of the United States
598
LEGAL OBSTACLES INTERRUPTING
602
Prior appropriation by a regular valid location of a segment of
609
COAL LANDS
610
Geographical scope of the coal land laws
613
Conclusions
621
LODE CLAIMS
626
EASEMENTS
631
Measure of damages
633
THE TITLE ACQUIRED AND RIGHTS CONFERRED
635
the land office
637
Federal recognition of the doctrine
642
Distinction between abandonment and forfeiture
644
Resumption of work prevents forfeiture
651
THE NATURE AND EXTENT OF PROPERTY RIGHTS CON
652
Injunction
660

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327. lappuse - 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.
326. lappuse - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
543. lappuse - That any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims...
491. lappuse - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
573. lappuse - ... failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel.
244. lappuse - Excepting from the force and effect of this proclamation all lands which may have been, prior to the date hereof, embraced in any legal entry or covered by any lawful filing duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law...
653. lappuse - 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, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
267. lappuse - All valuable mineral deposits in lands belonging to the " United States, both surveyed and unsurveyed, are hereby " declared to be free and open to exploration and purchase...
325. lappuse - 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...
632. lappuse - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

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