The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 4Callaghan, 1884 - Mining law |
From inside the book
Results 1-5 of 76
Page xvi
... COVENANT . CRIMES .. CUSTOM .. DAM .... DELIVERY . : DESCRIPTION DIP ..... DISCOVERY .. DISTRICT RULES DITCH .. PAGE 1 119 161 .233 ..240 ..282 ... 291 .368 .390 447 ..504 ( xvi ) MINING REPORTS . VOL . IV . HARTS ET AL.
... COVENANT . CRIMES .. CUSTOM .. DAM .... DELIVERY . : DESCRIPTION DIP ..... DISCOVERY .. DISTRICT RULES DITCH .. PAGE 1 119 161 .233 ..240 ..282 ... 291 .368 .390 447 ..504 ( xvi ) MINING REPORTS . VOL . IV . HARTS ET AL.
Page 135
... custom of merchants , payment is not enforceable till three days after . This , there- fore , is not like the case of a debt absolutely due , with a collateral covenant not to sue . Then , as to the fourth plea . First , these ...
... custom of merchants , payment is not enforceable till three days after . This , there- fore , is not like the case of a debt absolutely due , with a collateral covenant not to sue . Then , as to the fourth plea . First , these ...
Page 233
... custom in other mining districts . The rule of law exclud- ing evidence of custom in neighboring manors has been varied in mine countries , Derbyshire , etc. , " to admit evidence to explain or corroborate the custom of the manor in ...
... custom in other mining districts . The rule of law exclud- ing evidence of custom in neighboring manors has been varied in mine countries , Derbyshire , etc. , " to admit evidence to explain or corroborate the custom of the manor in ...
Page 234
... custom if applied to any other soil ; but fenny and marshy lands are often overflowed and lie buried under water for seven or eight years , and produce no profit at all to the copyholder , and therefore , by way of compensation , when ...
... custom if applied to any other soil ; but fenny and marshy lands are often overflowed and lie buried under water for seven or eight years , and produce no profit at all to the copyholder , and therefore , by way of compensation , when ...
Page 235
... Custom and prescription distinguished - Profit a prendre . A custom gives a right local to a district or community ; prescription is a right attaching to the person or to a particular estate . Whether rights are held as a custom or as a ...
... Custom and prescription distinguished - Profit a prendre . A custom gives a right local to a district or community ; prescription is a right attaching to the person or to a particular estate . Whether rights are held as a custom or as a ...
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Common terms and phrases
acquired action admitted agent agreement alleged amount answer appears appellant applied appropriation authority called carried cause charge claim coal common complaint condition considered constructed contract conveyed corporation court creek custom damages deed defendants directors district ditch duty effect entitled error evidence existence extent fact feet filed flow further give given gold granted ground held hold hundred indictment injury instruction intent interest issued judgment jury land limits lode means miners mining mining claim natural necessary notice objection opinion owner paid parties payment person plaintiff possession present prior purchase quantity question reason record reference respect respondents rock rule shaft shares statute stockholders stream sufficient taken testimony thereof tion trial trustees vein
Popular passages
Page 504 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 424 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Page 740 - Negligence" has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 448 - And the space of time here referred to as comprehending the sickly season, shall be understood to extend from the first day of May to the first day of November.
Page 504 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 678 - The proceeds of all lands that have been or may hereafter be granted by the United States to the state for the support of a university, shall be and remain a perpetual fund, to be called the
Page 423 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth...
Page 683 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights...
Page 28 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties, which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 207 - The Commissioner of the General Land Office, under the direction of the Secretary of the Interior, is authorized to enforce and carry into execution, by appropriate regulations, every part of the provisions of this title not otherwise specially provided for.