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, Volumen1

Curtis Holbrook Lindley

Bancroft-Whitney, 1903 - 2150 páginas

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COMPARATIVE MINING JURISPRUDENCE	3

MINERAL LANDS AND KINDRED TERMS DEFINED	6

Local customs	9

Existing English laws	15

LOCAL STATE SYSTEMS	29

Third group	42

HISTORICAL REVIEW OF THE FEDERAL POLICY	45

CHAPTER I	47

STRIKE DIP OR DOWNWARD COURSE	568

572 The right to patent under the act of 1860 and its restriction	572

319 Downward course	574

322 Introductory	580

EXTRALATERAL RIGHTS FLOWING FROM	582

Vein entering and departing through the same side line	584

THE LOCATION AND ITS REQUIREMENTS	589

Vein crossing two opposite nonparallel side lines	590

FROM THE FOUNDATION OF THE GOVERNMENT TO THE DISCOVERY OF GOLD IN CALIFORNIA	48

FROM THE FOUNDATION OF THE GOVERN	49

34 Message of President Polk	57

35 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

43 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

48 Executive recommendations to congress	76

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

Recognition of local customs and possessory rights acquired there under	83

Title to lode claims	84

Relationship of surface to the lode	85

Terms of reservation employed in various acts	86

87 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 60 Construction by the courts	91

92 Substances classified as mineral under the English decisions	92

Local rules and customs after the passage of the	94

The act of July 9 1870	95

Local rules and customs after the passage of the act 64 Accession to the national domain during the third period	96

FROM THE ENACTMENT OF THE LAW OF MAY 10 1872 TO THE PRESENT TIME	98

The act of May 10 1872	99

Changes made by the actDivision of the subject 71 Changes made with regard to lode claims	100

Changes made with regard to other claims	102

New provisions affecting both classes of claims 74 Tunnels and millsites 75 Legislation subsequent to the act of 1872	103

p 1874	104

Local rules and customs since the passage of the	105

Accession to the national domain during the fourth period	106

THE FEDERAL SYSTEM 880 Conclusions deduced from preceding chapters	109

Outline of the federal systemScope of the treatise	112

NEW MEXICOPP 18791886	113

LANDS SUBJECT TO APPROPRIATION UNDER	117

Application of the doctrine of the common law on the subject	120

MONTANA PP 18531861	121

American cases defining mine and mineral	133

94 Mineral lands as defined by the American tribunals	139

95 Interpretation of terms by the land department 96 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

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	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

Other grants for schools and internal improvements 135 Conflicts between mineral claimants and purchasers from the states	206

Mineral lands exempted from the operation of grants to the states	208

Restrictions upon the definition of mineral lands when con sidered with reference to school land grants	210

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

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

V	241

Grants of rights of	243

Construction of railroad grants by the land department	251

257 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

Rules of interpretation applied to townsite laws	273

Correlative rights of mining and townsite claimants recognized	287

174 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

Nature of inceptive right acquired by homestead claimant 206 Location of mining claims within homestead entries 207 Proceedings to determine th...	348

When decision of land department becomes final	358

The reservation of known mines in the preemption laws	362

Timber and stone lands	364

211 Scrip	366

Desert lands ARTICLE X OCCUPANCY WITHOUT COLOR OF TITLE 216 Naked occupancy of the public mineral lands confers no title Rights of ...	368

218 Appropriation of public mineral lands by peaceable entry in good faith upon the possession of a mere occupant without color of title	372

219 Conclusions	378

OF THE PERSONS WHO MAY ACQUIRE RIGHTS TO PUBLIC MINERAL LANDS	380

TITLE XIII	389

789a Occupying cotenant not liable at common law to account	391

ALIENS 231 Aequisition 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

What is the legal status of a title to a mining claim located	398

Conclusions	408

409 Right of second locator to improvements made by the first	409

STATE AND TERRITORIAL LEGISLATION ON THE SUBJECT	412

Right to appropriate lodes within placers	413

Manner of locating lodes within placers	414

GENERAL PROPERTY RIGHTS OF ALIENS	415

DISTRICT OF ALASKAPP 17791791	419

TITLE IV	425

utility	427

258 The rule in Nevada Arizona Montana and Georgia	464

259 Arizona	466

259a Montana	467

260 Georgia	469

261 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

269 Manner of organizing districts	478

270 Permissive scope of local regulations	479

271 Acquiescence and observance not mere adoption the test 272 Regulations how provedTheir existence a question of fact for the jury their constru...	483

273 Regulations concerning records of mining claims	486

274 Penalty for noncompliance with district rules 275 Local rules and regulations before the land department	490

OF THE ACQUISITION OF TITLE TO PUBLIC	493

ARTICLE L	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 298 Classification of lands containing valuable deposits 299 Use of term in place in the mining laws 300 The blanket deposits of...	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

308 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

Extralateral right where the apex is found in surface conflict	596

THE DISCOVERY 335 Discovery the source of the miners title	600

What constitutes a valid discovery	607

Where such discovery must be made	610

The effect of the loss of discovery upon the remainder of the location	613

Union of veins on the	614

THE DISCOVERY SHAFT AND ITS EQUIVALENT 343 State legislation requiring development work as prerequisite to completion of location 34...	621

Annual labor under local rulesProvisions of the federal	623

859a Contracts disposing of mining rights	624

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

OREGON PP 18931897	636

Liberal rules of construction applied to notices	638

Place and manner of posting	641

Circumstances under which the locators estate is terminated	642

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

Resumption of work prevents forfeiture	651

Surface conflicts with prior unpatented locations 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

660 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

665 The effect of the decisions of the land department upon questions of fact	665

666 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

The side lines	674

Sideend lines	676

677 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 suf...	678

The initiatory proceedings in the land office 679 Land embraced within the claim must be clear on the tract books	679

The application for patentIts contents	680

681 Application by one of several coownersCorporations	681

682 Verification of application and other proofs	682

653 Proof of posting of notice and plat on the claim 684 Proof of citizenship	684

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

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

382 Variation between calls in certificate and monuments on the ground	701

383 Natural objects and permanent monuments	703

384 Effect of failure to comply with the law as to contents of certi ficate	705

Verification of certificates	706

THE RECORD 389 Time and place of record 390 Effect of failure to record within the time limited	707

SOUTH DAKOTAPP 18981906	708

INTRODUCTORY	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

397 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 402 Circumstances under which relocation may be made 403 New discovery not essen...	721

Mineral claimant v townsite applicant	723

Relocation admits the validity of the original 405 Relocation by original locators	724

406 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

738 When adverse claim must be filedTime how computed	738

746 IntroductoryWhat courts are courts of competent jurisdiction	746

598 Conclusions	749

General rules of pleading	755

Time within which action must be commenced	756

CHARACTER OF DEPOSITS SUBJECT TO APPROPRIATION UNDER LAWS APPLICABLE TO PLACERS II THE LOCATION AND ITS REQUI...	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

PatentHow vacatedWithin what time suit must be brought	784

Preliminary development work required by state laws upon placer	786

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

808 Foreign waterFlooding	808

LEGAL OBSTACLES INTERRUPTING THE EXTRA	809

TUNNEL CLAIMS	811

To what extent owner of minerals may use surface	813

MANNER OF PERFECTING TUNNEL LOCATION	815

Right of surface support an absolute one eNegligence not	819

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

ARTICLE I	849

850 Essential features of the congressional act creating the California	850

Different classes of entries	856

504 Preferential right of purchase under Revised Statutes section twentythree hundred and fortyeight	858

505 The declaratory statement	859

506 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

520 Different classes of millsites	869

521 Right to millsiteHow initiated	870

522 Location of millsite with reference to lode	871

523 Nature of use required in case of location by lode proprietor	872

524 Millsites used for quartz mill or reduction works disconnected with lode ownership	873

525 Location of junior lode claims conflicting with senior millsites	874

53 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

FORFEITURE OF THE ESTATE AND ITS PREVENTION BY RE SUMPTION OF WORK	883

THE CHARACTER OF THE TENURE	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	912

Section twentythree hundred and thirtysix of the Revised Stat utes and its interpretation	913

The Colorado rule	916

Cross lodes before the supreme court of Montana	926

The ArizonaCalifornia rule	928

The views of the supreme court of the United States	934

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A Treatise on the American Law Relating to Mines and Mineral Lands ..., Volumen1
Curtis Holbrook Lindley
Vista completa - 1897

A Treatise on the American Law Relating to Mines and Mineral Lands ..., Volumen1
Curtis Holbrook Lindley
Vista completa - 1903

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Términos y frases comunes

15 Morr 23 Mont acquired act of congress alien amended-Laws apex applied Belk boundaries California certificate character cided claimant coal Code Colo Colorado Cons Copp's L. O. deposits determine district eminent domain end-lines entry eral existing extent extralateral right fact gold grant ground Harkrader held heretofore Idaho Iron S. M. land department land office lands containing Leadville legislation limits loca lode claims lode location ment millsite mineral lands mining claim mining laws Montana Nevada Northern Pac notice patent placer claim placer mining possession prior public domain public lands purpose quartz question railroad Raunheim record regulations relocation reservation Revised Statutes rock in place rule section twenty-three hundred Sections Where Cited silver South Dakota Stats supreme court surface survey territory tion townsite tract United Utah valid vein or lode

Pasajes populares

Página 874 - 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...‎

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Página 450 - 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...‎

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Página 831 - ... no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.‎

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Página 235 - An act [to amend an act entitled an act] to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.‎

Aparece en 456 libros desde 1847-2006

Página 865 - ... 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...‎

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Página 743 - 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...‎

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Página 450 - 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...‎

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Página 761 - That any person authorized to enter lands under the mining laws of the United States may enter and obtain patent to lands containing petroleum or other mineral oils, and chiefly valuable therefor, under the provisions of the laws relating to placer mineral claims...‎

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Página 376 - 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 ‎

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Información bibliográfica

Título	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, Volumen1 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, Curtis Holbrook Lindley
Autor	Curtis Holbrook Lindley
Edición	2
Editor	Bancroft-Whitney, 1903
Procedencia del original	Universidad de Wisconsin - Madison
Digitalizado	19 Abr. 2007
Largo	2150 páginas

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