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, Volume 1

Capa
Bancroft-Whitney Company, 1897 - 1526 páginas
 

Índice

FROM THE DISCOVERY OF GOLD
44
Application of the doctrine of the common law on the subject
48
Local rules as forming part of present system of mining law 847 Federal legislation during the second period
54
MINES AND MINING CLAIMS AS SUBJECTS OF CONTRACT
55
Executive recommendations to congress
56
Coal land laws Mining claims in Nevada Sutro tunnel
57
LODE AND WATER LAW OF JULY 26 1866
59
FROM THE PASSAGE OF THE LODE LAW OF 1866 TO THE ENACTMENT OF THE GENERAL LAW OF MAY 10 1872
60
Declaration of governmental policy
62
Title to lode claims
63
Local rules and customs after the passage of the
71
New provisions affecting both classes of claims
78
OREGON
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
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 ΤΟ TITLE AND POSSESSION ARTICLE I INTRODUCTORY II MEXICAN GRANTS III GRANTS TO STATES FOR ED...
124
MEXICAN GRANTS 114 Ownership of mines under Mexican law 115 Nature of title conveyed to the United States by the treaty
125
Obligation of the United States to protect rights accrued prior to the cession
127
Adjustment of claims to Mexican grants in California
128
Different classes of grants
132
Secretary of the interior
140
Conclusions
147
Adverse claim How assertedContents of the claim Amend
150
In construing the term mineral lands as applied to administra
157
Conclusions
165
Grants of particular sections as construed by the courts
166
Construction of railroad grants by the land department
177
TOWNSITES
189
Occupancy of public mineral lands for purposes of trade or busi
195
Survey of the adverse claim
217
INTRODUCTORYTRIBUNALS HAVING
224
ARTICLE VI
228
ARTICLE VII
236
NATIONAL PARK AND FOREST RESERVA
241
Introductory
245
TITLE XIV
250
Scrip
258
Conclusions
266
Who are citizens
267
Introductory What courts are courts of competent jurisdiction
273
Citizenship how proved
275
WHAT IS AND WHAT IS NOT THE SUBJECT
280
What is the legal status of a title to a mining claim located and held
283
GENERAL PROPERTY RIGHTS OF ALIENS
292
ARIZONA
298
STATE LEGISLATION AND LOCAL DISTRICT REGU
305
Subjects upon which states have enacted laws the validity of which
307
The state courts
317
OF THE ACQUISITION OF TITLE ΤΟ PUBLIC
329
The rule in Nevada
333
Conclusions
335
LOCAL DISTRICT REGULATIONS
341
EXTRALATERAL RIGHTS ON OTHER LODES
345
Acquiescence and observance not mere adoption the test
347
TITLE V
355
INTRODUCTORY
357
Elements to be considered in the judicial application of definitions
363
The Leadville cases
371
THE LOCATION AND ITS REQUIREMENTS
427
THE DISCOVERY
433
THE DISCOVERY SHAFT AND ITS EQUIVALENT 343 State legislation requiring development work as prerequisite to completion of location 234...
447
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 360 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
474
Millsite claimant v mineral applicant
476
The side lines
477
Sideend lines
478
THE MARKING OF THE LOCATION ON THE SURFACE 2371 Necessity for and object of marking 372 Time allowed for marking 373 What is su...
479
Perpetuation of monuments
488
THE LOCATION CERTIFICATE AND ITS CONTENTS 379 The location certificateIts purpose
490
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
THE PATENT
525
Стан
528
Effect of the judgment
530
PLACER AND OTHER FORMS OF DEPOSITS
537
THE LOCATION AND ITS REQUIREMENTS
549
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 where the end lines diverge in the direction of the
576
RIGHTS ACCRUING TO THE TUNNEL PROPRI
577
Parallelism of end lines a condition precedent to the exercise of
582
To what extent does the inception of a tunnel right and its perpetu
586
SameThe KingAmy case
588
The Idaho rule
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
MANNER OF ACQUIRING TITLE TO COAL LANDS
614
CHAPTER VI
622
LODE CLAIMS
626
Millsites used for quartz mill or reduction works disconnected with
629
Work done outside of the boundaries of a claim or group of claims
632
Measure of damages
633
THE TITLE ACQUIRED AND RIGHTS CONFERRED
634
TITLE VI
635
OF THE PROCEEDINGS TO OBTAIN UNITED STATES
640
Federal recognition of the doctrine
642
Circumstances under which the locators estate is terminated
643
Dower within the territories
650
Resumption of work prevents forfeiture
651
THE NATURE AND EXTENT OF PROPERTY RIGHTS CON
652
CROSS LODES
657
Injunction
660

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Passagens conhecidas

Página 327 - 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.
Página 326 - 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...
Página 543 - 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...
Página 491 - 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...
Página 573 - ... 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.
Página 244 - 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...
Página 653 - 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.
Página 267 - 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...
Página 325 - 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...
Página 632 - ... 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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