Raymond's First Report, Volum 1

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U.S. Government Printing Office, 1869
 

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Side 210 - ... working within the bounds be made a part of it, and assuming that it is a custom, which is to be tried by the tests established by the common law, for ascertaining whether a custom be good or not, it appears to us that without this qualification it cannot be sustained. Customs, especially where they derogate from the general rights of property, must be construed strictly, and, above all things, they must be reasonable. Bounding is a direct interference with the common law rights of property;...
Side 202 - Further remarks on this subject will be found in the chapter on English mining law.
Side 52 - Tunnel will do four most important things : it will settle the continuance of the Comstock in depth; it will inevitably unite the mining companies in many respects, and remove much of the expense of separate pumping, hoisting, prospecting, and general administration ; it will render possible the beneficiation of low-grade ores, absolutely the only basis for rational and permanent mining; and, finally, by assuring the future, it will kill that speculation which thrives on ignorance of the future.
Side 207 - Elizabeth, all gold or silver ores belonged to the crown, whether in private or public lands ; but any ores containing neither gold nor silver belonged to the proprietor of the soil. Apart from the claims of the crown, the property- in minerals is, according to the common law, prima facie in the owner of the fee of the land, but the property in minerals, or the right to search for them, may be vested in other persons by alienation, prescription, or custom. Since the two latter rights require an origin...
Side 210 - ... every requisite of a good custom. In substance it is this : The mine is parcel of the soil ; the ownership is in the owner of the soil ; but it is a parcel which to discover and bring to the surface may ordinarily require capital, skill, enterprise and combination ; which, while in the bowels of the earth, is wholly useless to the owner as well as to the public ; and the bringing of which into the market is eminently for the benefit of the public. If, therefore, the owner of the soil cannot or...
Side 156 - ... to file in the local land office a diagram of the same, so extended laterally or otherwise as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or lode with its dips, angles, and variations, to any depth, although it may enter the land adjoining, which land adjoining shall be sold subject to this condition.
Side 209 - ... person may enter on the waste land of another in Cornwall, and mark out by four corner boundaries a certain area ; a written description of the plot of land so marked with metes and bounds, and the name of the person for whose use the proceeding is taken is recorded in an immemorial local court, called the Stannary Court, and proclaimed at three successive courts held at stated intervals : if no objection is successfully made by any other person, the court awards a writ to the bailiff of the...
Side 198 - ... that his vein varied in course or direction (which is an unlikely circumstance), but he must content himself with the lot which Providence has decreed him and enjoy it without disturbing his neighbors. If, however, he should have no neighbors, or if he can without injury to his neighbors make an improvement, by altering the stakes and boundaries, it may be permitted him in such case, with...
Side 197 - SEC. 3. To make it what they call a square, that is, making a right angle with the preceding measure, supposing the descent or inclination of the vein to be sufficiently shown by the opening or shaft of ten yards, the portion shall be measured by the following rule. SEC. 4. Where the vein is perpendicular to the horizon (a case which seldom occurs...
Side 127 - So sadden has been its decline that the daily mail, the express office, and the telegraph office are all in operation yet, though the entire population consists of a single family, the head of which is mayor, constable. postmaster, express agent, telegraph operator, and, I believe, sole and unanimous voter!

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