The Mines of the West: A Report to the Secretary of the Treasury

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J. B. Ford, 1869 - 256 halaman
 

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Halaman 209 - At the trial the plaintiff claimed under the following custom, which the jury found to exist in fact : any 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...
Halaman 219 - ... 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...
Halaman 202 - Further remarks on this subject will be found in the chapter on English mining law.
Halaman 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.
Halaman 208 - CD his executors, administrators and assigns, from the day of the date of these presents, for and during, and until the full end and term of years from thence next ensuing, and fully to be complete and ended...
Halaman 207 - ... 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 beyond the time of legal memory, they are...
Halaman 176 - In view of these peculiar relations of mining, it is evident that governments are in a certain sense trustees of the wealth stored in the mineral deposits of their realms — trustees for succeeding generations of their own citizens and for the world at large.
Halaman 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.
Halaman 51 - Nearly $100,000,000 have been extracted from that one lode within the past nine years, yet the aggregate cost to owners has been almost as much. The reason is simple. Unnecessary labor has been employed, and vast sums of money wasted in extravagant speculations and litigations ; and the root of the whole evil lies in the system of scattered, jealous, individual activity, which has destroyed, by dividing, the resources of the most magnificent «¡re depositin the world.
Halaman 211 - The only things which make this reasonable are the render of the toll tin to the owner, and the benefit to the public secured thereby in the extraction of the mineral from the bowels of the earth. Both these are not only lost, but the latter, it may be, positively prevented, if the bounder may decline to work and yet retain the right to exclude the owner.

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