Ãœber dieses Buch
Meine Mediathek
Bücher bei Google Play
TABLE OF CONTENTS.
PART I.
RELATIONS ARISING FROM THE OWNERSHIP
OF MINES AND MINERALS.
CHAPTER I.
MINES AND MINERALS GENERALLY.
SECTION 1. What is a mine.
2. The pit or excavation.
3. Same-Mine distinguished from quarry.
4. Nature and definition of minerals.
5. Same
-
"Veins,"" seams," and "lodes."
6. "Placer" and "lode" mines distinguished.
7. Soil and subsoil not mineral.
CHAPTER II.
PROPERTY IN MINES AND MINERALS.
SECTION 8. Ownership of minerals.
9. Title may be distinct.
10. Same-How severance effected.
11. Property in mines in reversion.
12. Same-Shaft, drift and containing chamber.
13. Mineral under streets and highways.
14. Mineral deposits under railroads.
15. Minerals under rivers and seas.
16. Nature of property in oil.
17. Same-Natural gas.
18. Minerals claimed adversely.
CHAPTER III.
THE DIFFERENT ESTATES IN MINES.
SECTION 19. Where landowner has fee.
20. Infant or lunatic the owner.
21. Owned by tenant in tail.
22. Tenant for life or years.
23. Tenant by dowry.
24. Tenants in common.
25. Reversioner or remaindermen.
CHAPTER IV.
RIGHTS OF INDIVIDUALS MINING ON LAND OF THE
UNITED STATES.
SECTION 26. Character of miner's rights.
27. Policy of the government.
28. Prior discovery necessary.
29. Rights of discoverer.
30. Land must contain "valuable deposits."
31. Rock must be "in place."
32. Distinction between "lode " and "placer" claims.
33. Lode must be "known to exist."
34. Extent of mining claims.
35. Rights acquired by possession.
36. Who may locate mining claims.
37. Same Agent may locate claim.
38. Claim must be "distinctly" marked.
39. Description and survey.
40. Notice of location.
41. Notice must be recorded.
42. Tunnel locations.
43. What location includes.
44. Value of land office decisions.
45. Distinctions between locations of ledge and surface.
46. Locations in name of another.
47. Mining claims on school and railroad grants.
48. Locator must work claim.
49. Character of work necessary.
50. Same-When owned by several.
51. When annual labor should commence.
52. How long work should continue.
SECTION 53. Forfeiture for failure to work.
54. Saved by work after forfeiture.
55. Same-Other circumstances excusing forfeiture.
56. Relocation after forfeiture.
57. Same- By one of several co-owners.
CHAPTER V.
PATENTS TO MINING LANDS.
SECTION 58. Of the nature and effect of patents.
59. Rights acquired under certificate of entry.
60. Date at which patent takes effect.
61. Reservations and exceptions.
62. What patent conveys.
63. Who may be patentee.
64. Void patent- Effect of.
65. Patent obtained by fraud.
66. Same-Estoppel.
67. Mining claims on school lands.
68. Contests between mining and town-site patentees.
SECTION 69. Mining customs on government land.
70. Same Ratification by government.
71. How far governed by State laws.
72. Must be reasonable.
73. Judicial recognition of rules and customs.
74. Custom and usage distinguished.
75. How rules and customs are established.
76. Same-Best evidence of district rule.
77. Same-General and special customs.
78. Rule or custom must be still in force.
79. Antiquity of custom not essential.
80. How title established under.
81. Term "mineral" limited by.
82. Form part of contracts.
83. Will not justify deposit of tailings or refuse on adjacent land.
84. Property and fixtures sometimes determined by.
85. Right to surface support not dependent upon.
86. How rules and customs are construed.
87. Same-In cases of forfeiture.
SECTION 88. Relative value and conflict between rules and customs.
89. Advantage of claiming under written rule.
90. How to plead local rules and customs.
CHAPTER VII.
SALE AND CONVEYANCE OF MINING PROPERTY.
SECTION 91. Should be in writing.
92. Shares in cost-book companies.
93. Sales by corporations.
94. Of mines held in partnership.
95. Doctrine of caveat emptor.
95a. Buyer may remain silent.
96. Mines forming part of inheritance.
97. Reservation of mines and minerals.
98. Dower attaches to.
99. Sale by trustees.
100. Sales by executors and administrators.
101. Partition of mines.
CHAPTER VIII.
FRAUD IN THE SALE OF MINES.
SECTION 102. Elements of actual fraud.
103. Mis-statements as to value.
104. Matters of opinion - Purchase after examination.
105. Effect of fiduciary relation.
106. Agent cannot make secret profit.
107. False prospectuses of projected companies.
108. Where purchaser conceals value of mineral.
109. Confirmation of fraudulent transaction.
CHAPTER IX.
MINING LEASES.
SECTION 110. Form and general nature of lease to mine.
111. Agreements for future leases.
112. When lease goes into effect.
113. Parties to lease.
114. Partners and cotenants.
115. Corporation as party.
116. When executed by agent.
SECTION 117. Lessor must have possession.
118. How lease may operate by estoppel.
119. Recitals and construction of lease.
120. Parol evidence to explain.
121. Warranties in a lease.
122. What acts constitute a breach.
123. Covenants and conditions of lease.
124. Right to work - Incidental privileges.
125. Manner of working-Particular covenants.
126. Instroke and outstroke-Right to work by.
127. Forfeiture for breach of covenant.
128. Reservation of rent or royalty.
129. Dead rent payable unconditionally.
130. Covenant to mine certain amount.
131. Assignment of lease.
132. Rights and liabilities of assignee.
133. Duration of tenancy.
134. May be perpetual.
135. Right to remove fixtures and machinery.
CHAPTER X.
RIGHTS AND LIABILITIES OF LESSOR.
SECTION 136. Scope of chapter.
137. In general.
138. In regard to lessor's reversionary interest.
139. Lessor's implied right to surface support.
140. Remedy for improper working.
141. Lessor's liability to lessee.
142. For injuries from defects in premises.
143. Risks assumed by lessee.
144. Liability to strangers.
145. Right of re-entry.
146. When same can be exercised.
CHAPTER XI.
RIGHTS AND OBLIGATIONS OF LESSEE.
SECTION 147. Lessee's interest in leased property.
148. Cannot mine beyond leased premises.
149. When lessee's interest attaches.