Historical Sketch of the Mining Law in California

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Commercial Printing House, 1902 - Mining law - 83 pages
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Page 16 - 1850, establishing a District Court in the State, was it enacted by Congress "that all the laws of the United States which are not locally inapplicable shall have the same force and effect within the said State of California as elsewhere within the United States.
Page 53 - That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intentions to become citizens, subject to such regulations as may be
Page 63 - 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,
Page 16 - but upon considering the large extent of the country, the character of the people engaged, and the small scattered force at my command, I am resolved not to interfere, but permit all to work freely." It is not recorded whether the resolute Colonel was conscious of the
Page 15 - finality and certainty as to the status of mining titles in their international aspect : "From and after this date, the Mexican laws and customs now prevailing in California, relative to the denouncement of mines, are hereby abolished." Although, as the law was fourteen years afterwards expounded by the United States Supreme Court
Page 47 - No possessory action between individuals in any of the courts for the recovery of a mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land on which such mines lie is in the United States, but each case shall be adjudged by the law of possession.
Page 56 - mineralized rock lying within boundaries clearly separating it from the neighboring rock. It includes * * * all deposits of mineral matter found through a mineralized zone, or belt, coming from the same source, impressed with the same forms, and appearing to have been created by the same process.
Page 37 - In actions respecting mining claims, proof shall be admitted of the customs, usages or regulations established and in force at the bar or diggings embracing such claims; and such customs,
Page 81 - system, deepen their channels, and protect their banks, with a view of making the same effective as against the encroachment of, and damage from, debris resulting from mining operations, natural erosion, or other causes, and permitting mining by the hydraulic process to be carried on, provided
Page 54 - rectangular form to suit the circumstances of the country and the local rules, laws and customs of miners; provided, that no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional

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