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, Volume 2 |
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Page 1206
... notice in writing , or notice by publication in " the newspaper published nearest the claim , for at " least once a week for ninety days , and if at the ex- piration of ninety days after such notice in writing , " or by publication ...
... notice in writing , or notice by publication in " the newspaper published nearest the claim , for at " least once a week for ninety days , and if at the ex- piration of ninety days after such notice in writing , " or by publication ...
Page 1209
... notice was published for the statutory period.1 There was no personal service . The heirs at law were all non- residents of South Dakota . In 1892 Havens sold to one White , by deed purporting to convey the entire claim . White caused ...
... notice was published for the statutory period.1 There was no personal service . The heirs at law were all non- residents of South Dakota . In 1892 Havens sold to one White , by deed purporting to convey the entire claim . White caused ...
Page 1210
... notice was intended to accomplish the same result as " the published notice of application for a patent ; that " is , to cut off the claims of all persons , and vest in the co - owner a clear title to his co - owner's interest , with ...
... notice was intended to accomplish the same result as " the published notice of application for a patent ; that " is , to cut off the claims of all persons , and vest in the co - owner a clear title to his co - owner's interest , with ...
Page 1212
... notice to any one . Constructive notice by recording is wholly a creature of the statute . A record not provided for by statute or recognized by law gives no notice . The lameness and imperfections of the federal statute , to use mild ...
... notice to any one . Constructive notice by recording is wholly a creature of the statute . A record not provided for by statute or recognized by law gives no notice . The lameness and imperfections of the federal statute , to use mild ...
Page 1242
... notices , original and amended , copies of which accompany the order of survey , and from an examina- tion of the ... notice of location made after the survey is ordered , without applying for an amended order , which is permissible ...
... notices , original and amended , copies of which accompany the order of survey , and from an examina- tion of the ... notice of location made after the survey is ordered , without applying for an amended order , which is permissible ...
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Common terms and phrases
action adverse claim adverse claimant affidavit amended Annot annual labor apex application for patent boundaries character co-owners coal Code Colo Comp conflict Copp's L. O. cotenant course deposits discovery shaft district of Alaska doctrine easements end-line planes entry existing extent extralateral right facts federal feet filed forfeiture grant ground heretofore hundred hydraulic mining Idaho improvements issued jurisdiction land department land office Last Chance limits lines location certificate lode claims ment millsite mineral lands mining claim mining district mining laws Mont Montana owner parties partnership performed person placer claim placer mining plat possession prior proceedings proof public lands purpose quartz record referred regulations relocation Revised Statutes rule Rules of construction side-line Stats Stemwinder supreme court surface survey surveyor surveyor-general territory thereof tion tunnel United vein or lode
Popular passages
Page 1629 - 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...
Page 1832 - ... the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 1648 - No claim shall extend more than three hundred feet on each side of the middle 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.
Page 1647 - 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, and the lands in which they are found to occupation and purchase, by citizens of the United States...
Page 1650 - 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.
Page 1652 - ... may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent...
Page 1743 - Every person above the age of twenty-one years, who is a citizen of the United States...
Page 1637 - ... 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.
Page 1458 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 1369 - ... filing his claim, to commence proceedings, in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.