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, Volum 2

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T. H. Flood, 1902 - 1464 sider
 

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PART XII
801
Certain conveyances of minerals Effect of as conditional grant
804
OF LIFE ESTATES IN MINES AND THE RIGHTS AND DUTIES
812
CHAPTER IV
821
Other reservations amounting to severance by the United States
825
Other grants containing reservation 964 What included in a reservation of mines and minerals
826
Summary Article B Severance by Adverse User 970 Preliminary Severance by adverse user Custom 971 Limitations Must be open notorious and a...
827
Same Evidence question for jury Custom Acts of owner ship 974 Prescription Custom
828
Rights seldom acquired by prescription 976 Limitation upon the custom in England 977 No title by prescription in the United States
831
Article C
832
Article D
833
Same Another reason stated
834
Going concern Mortgagors knowledge 990 Mortgagors rights 991 Powers and duties of trustees Must not waste Special trustees
835
CIIAPTEK V
837
Article
856
Article C
873
OF TAILINGS AND DEBRIS STATUTES AND HEREIN
886
Article
900
Distinction between mining and other deeds
902
Of Special Covenants
915
Article D
921
Same Verbal transfersWritings not under seal How af fected by recording statutes 1134 Effect of recording statutes Notice
926
Executory contracts for deeds
928
Doctrine of this chapter restated
929
CHAPTEK II
931
New mines Who may open 1159 Rights acquired by generally
947
When lessee is entitled to entire product and when
948
Same Culm and unmarketable coal 1162 Other rights and duties considered Rights of way eto
949
Reservations What included in generally
950
Same Operating at a loss
967
The doctrine of this article restated Article C
969
When lease operates as a severance when for a term merely 1201 Same subject Present demise renewal 1202 Distinction between lease and sale of th...
970
Agreement for lease construed as a lease
972
Reentry generally 1205 Actual reentry when necessary Forfeiture when question of fact
973
When duration to exhaustion of mineWhen lessee takes chances as to minerals
974
Exhaustion of mine Money rent after exhaustion 1208 A distinction 1209 Doctrine opposed to taking chances as to minerals Existence presumed so...
975
Oil and gas leases Duration of tenancy
976
Net proceeds Profits 1214 Failure to find oil makes fixed period
977
Extent of lessees liability 1216 Extreme doctrine Tenancy from year to year 1217 Lessor prohibited from mining during exclusive lease for time cer...
978
Not terminated by mere cessation Lessee must notify lessor
979
Modification by parol 1220 May not arbitrarily refuse to mine 1221 Lessee not bound to resort to shooting well
980
Abandonment and surrender of the lease and forfeiture 1223 Same Right to abandon
981
Must pay royalty until surrender of leased premises 1225 Recovery of possession Eviction Grantees right to rents
982
Forfeiture of the lease
983
Forfeiture in general for mere nonpayment redeemable
984
Forfeiture clause not selfexecuting
985
Forfeiture under statutes Likewise of statutes making leases irrevocable
986
When a tenancy at will
987
Renewals The general rule 1233 Lease construed as an entiretyGeneral consideration supports covenant of renewal
988
When a perpetual renewal
989
Further as to forfeiture Special circumstances Election to terminate held unnecessary 1236 Enforcing forfeiture clause Waiver
990
Gas not embraced in oil lease Boring after forfeiture 1238 Abandonment When permitted
991
Notice in general When necessary
992
Forfeiture Where burden rests What is 1241 Intent is controlling
994
Tenancy When terminated General duties and liabilities
995
Article D
998
Reasonable diligence Constant work not necessary
1210

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Side 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...
Side 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.
Side 1238 - No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface...
Side 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.
Side 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...
Side 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.
Side 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...
Side 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...
Side 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...
Side 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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