Mines and Mining: A Commentary on the Law of Mines and Mining Rights, Both Common Law and Statutory; with Appendices Containing the Federal Statute and the Statutes of the Western States and Territories Relating to Mining for Precious Metals on the Public Domain, and Forms for Use in Application for Patent and Adverse Suits, Volume 2

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T. H. Flood, 1902 - Mining law - 1464 pages
 

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Contents

PART XII
801
21ST2
805
CHAPTER II
808
CHAPTER IV
821
ARTICLE B Severance by Adverse User 970 Preliminary Severance by adverse user Custom 971 Limitations Must be open notorious and adverse ...
827
Same Evidence question for jury Custom Acts of owner ship 974 Prescription Custom 975 Rights seldom acquired by prescription 976 Limitation ...
828
ARTICLE C
832
ARTICLE D
833
Powers and duties of trustees Must not waste Special trustees
835
CHAPTER V
837
ARTICLE
856
ARTICLE C
873
CHAPTER VI
876
ARTICLE
900
Distinction between mining and other deeds 1094 General observations Essentials of a valid conveyance 1095 Some decisions as to sufficiency of de...
902
ARTICLE B Of Special Covenants 1108 The effect of special covenants 1109 Effect of reservations 1110 A few of the leading cases When reservati...
915
Of Statutory Deeds 1119 Short statutory deeds obviating covenants 1120 Co ary rule A peculiar case 1121 Curative statutes
920
ARTICLE D
921
ARTICLE E Of Bills of Sale and Verbal Transfers When Sufficient 1131 Verbal transfers Early California and similar doctrine 1132 Transfers by bi...
925
Same Verbal transfers Writings not under seal How af fected by recording statutes 1134 Effect of recording statutes Notice 1135 Executory contra...
926
CHAPTER II
931
Oil and gas leases in general Preliminary 1171 Ownership of severed oil or gas 1172 Qualified ownership when Rights as to pumping 1173 Exclusi...
953
Boundaries in oil leases 1177 Name of contract immaterial 1178 Rights and duties under oil leases Some special cases 1179 Covenant to commence ...
954
Duration of Tenancy Termination Forfeiture and Reentry 1200 When lease operates as a severance when for a term merely 1201 Same subject Pres...
968
When duration to exhaustion of mine When lessee takes chances as to minerals 1207 Exhaustion of mine Money rent after exhaustion 1208 A disti...
969
terminate held unnecessary 1236 Enforcing forfeiture clause Waiver
990
Gas not embraced in oil lease Boring after forfeiture 1238 Abandopment When permitted
991
Notice in general When necessary 1240 Forfeiture Where burden rests What
992
Intent is controlling
994
Tenancy When terminated General duties and liabilities
995
ARTICLE D
998
Meaning of net proceeds as applied in the western states 1258 Net proceeds as measure of damages 1259 Royalty covenants generally Delay and dea...
999
missible 1288 Incidental rights 1289 Covenant to pay taxes etc Reprises 1290 Implied covenants When lessee may perform lessors cove nants and c...
1021
ARTICLE F Right of Lessee to Machinery and Fixtures 1311 Mining machinery and fixtures in general What removable by lessee 1312 Same subje...
1037
ARTICLE G Of Miscellaneous Rights and Duties Including Conflicting Leases and Exclusive Rights Likewise Property in Other Products 1326 Whe...
1045
ARTICLE H Of Assignments of Leases in General 1340 When assignments may be made 1341 When not assignable Personal skill Change in partn...
1050
Purchases by and from cotenants 1457 Same Interest of one purchased by another does not inure to benefit of third 1458 Further as to rights and du...
1091
ARTICLE B Rights and Duties as to Third Parties 1470 Preliminary Scope of treatment 1471 License of single cotenant 1472 Same Special cases 1...
1114
Partition between cotenants Mines capable of partition
1117
Mode of partition Partition of producto
1118
Illegal contracts not within the rule
1119
Cornwall ore banks in Pennsylvania
1120
Conveyances
1121
CHAPTER II
1124
ARTICLE B Distinction from General Partnership 1526 Distinction No agency 1527 Same No delectus persona 1528 Differences enumerated Aut...
1139
Authority of the managing agent 1536 Acts must be authorized Custom
1147
Agency confined within strict limits Greatest emergency does not justify departure from strict rule
1148
Agency by express authority or by adoption of fruits 1539 Power to borrow money
1149
Not a trading partnership 1541 Management of property Compensation of manager
1150
ARTICLE C
1151
ARTICLE D
1154
ARTICLE E Rights and Duties Inter Sese 1565 Rights obligations and duties of mining partners inter sese Fair dealing 1566 Skill bargained for Whe...
1157
ARTICLE F Dissolution 1575 Dissolution and termination of partnership relation How ac complished 1576 Notice must be given to prevent future l...
1158
When court of equity will interrene
1159
By death under the old rule By statute in England 1579 Rights of incoming and outgoing partners
1160
Generally no dissolution by mere forfeiture
1161
Summary Doctrine of this chapter restated
1162
Reservations What included in generally
1163
When an interest in the land conveyed by lease
1164
Distinction between lease and absolute sale of the product
1165
CHAPTER IV
1173
CHAPTER V
1176
ARTICLE C
1189
PART XV
1195
OF STATE STATUTES
1200
ARTICLE C
1208
ship
1216
Who entitled in general Superintendent Teamster
1217
PART XVI
1231
APPENDIX
1279
APPENDIX C
1382
Option to purchase
1428

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Common terms and phrases

Popular passages

Page 1408 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 1319 - ... 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 1238 - No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface...
Page 1244 - It shall be the duty of the adverse claimant, within thirty days after 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.
Page 1248 - 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...
Page 1237 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location.
Page 1232 - 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 1323 - ... upon a failure to comply with these conditions, 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...
Page 1247 - Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated...
Page 1410 - ... with regard thereto; that there is not, to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver...

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