The Extralateral Right, Shall it be Abolished? |
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This is a collection of four articles, written by William E. Colby for the California Law Review in 1916. Mr. Colby was a San Francisco attorney who practiced in the early 20th century. The articles collectively provide a detailed description of the origin of the extralateral right under the General Mining Law of 1872. Although Lindley's treatises provide more detailed discussions of specific court decisions (including helpful diagrams) regarding extralateral rights, Mr. Colby's articulate discussions will be helpful to anyone who wishes to understand how this strange and unique property right ever came into existence.
Otras ediciones - Ver todas
The Extralateral Right, Shall It Be Abolished? William Edward Colby Sin vista previa disponible - 2016 |
The Extralateral Right: Shall It Be Abolished? (Classic Reprint) William Edward Colby Sin vista previa disponible - 2017 |
Términos y frases comunes
abolishing adjoining adopted agricultural already American apex become bill boundaries California claim claimant Commission common Congress consideration continued countries course courts customs deposits depth Derbyshire determined direction discovery discussion early entire entitled existing extent extralateral right fact federal follow force Germanic gold granted ground hundred feet idea important influence interesting lands lateral lead ledge legislation length limits lines litigation lode matter measurement mineral lands Mineral Resources miners mining claims mining districts mining law natural Nevada Nevada County operation origin owner passed persons planes possession practical present principle public land quartz question reason recognized regulations reported respect result right angles right to follow rules says Senator Senator Stewart severance side similar situation square Stats statute surface taken territorial tion United usually vein vertical West width
Pasajes populares
Página 287 - States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Página 290 - ... of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other.
Página 292 - 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 292 - ... 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. But their right of possession to such outside parts of such veins or ledges...
Página 297 - Into these mountains the emigrants in vast numbers penetrated, occupying the ravines, gulches, and canons, and probing the earth in all directions for the precious metals. Wherever they went, they carried with them that love of order and system and of fair dealing which are the prominent characteristics of our people. In every district which they occupied they framed certain rules for their government, by which the extent of ground they could severally hold for mining was designated, their possessory...
Página 441 - And they were so framed as to secure to all comers, within practicable limits, absolute equality of right and privilege in working the mines. Nothing but such equality would have been tolerated by the miners, who were emphatically the law-makers as respects mining upon the public lands in the state. The first appropriator was everywhere held to have within certain...
Página 442 - In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state, must govern the decision of the action.
Página 292 - The locators of all mining locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claims exist on the tenth day of May, eighteen hundred and seventy-two, so long as they comply with the laws of the United States...
Página 460 - That no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional claim for discovery to the discoverer of the lode, with the right to follow such vein to any depth, with all its dips, variations, and angles, together with a reasonable quantity of surface for the convenient working of the same as fixed by local rules...
Página 289 - No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface...
Información bibliográfica
| Título | The Extralateral Right, Shall it be Abolished? |
| Autor | William Edward Colby |
| Publicado | 1917 |
| Procedencia del original | Universidad de California |
| Digitalizado | 26 Mar 2008 |
| Largo | 104 páginas |
| Exportar cita | BiBTeX EndNote RefMan |