Mines and Mining: A Commentary on the Law of Mines and Mining Rights, Both ... - Wilson Isaac Snyder - Google Books

Books

$1485. Partition between co-tenants - Mines capable of partition.

1486. Mode of partition - Partition of product

1487. Illegal contracts not within the rule.

1488. Cornwall ore banks in Pennsylvania.

1489. Conveyances.

1490. Summary - The doctrine of this chapter restated.

MINING PARTNERSHIPS.

General History-The Cost Book.

$1500. Historical-Leading distinction between partners and tenants

1501. Definition- When relation exists.

1502. Mining partnership in general-Lord Eldon's views.

1503. Death does not dissolve-Question finally decided.

1504. When partnership may be said to exist and what constitutes—

Extent of liability.

1505. What does not constitute a mining partnership.

1506. The early distinction in England-Not partners in handling

1508. Further as to the cost-book system - Distinguishing character-

1509. Same-Mr. Collier's views.

1510. Interests forfeitable - Rules of cost book.

1511. Cost-book company a partnership.

1512. Distinctions between mining partnership and co-tenancy.

1513. Further as to what is not a mining partnership.

Distinction from trading partnership.

1515. How interest may be acquired - Purchaser's liability.

1516. Mining under general partnership.

1517. Mere joint ownership not sufficient - Must work mines.

1518. Liability of members.

Distinction from General Partnership.

§ 1526. Distinction - No agency.

1527. Same- No delectus personæ.

1528. Differences enumerated - Authority of member as agent.

1529. Same- Power of agent must be established.

§ 1530. Partner acting as agent must not violate instructions.

1531. Yale's review of the subject.

1532. Further as to powers, rights and duties of mining partners.

1533. The supposed contradiction.

1534. Limitations - Majority in interest controls.

1535. Authority of the managing agent.

1536. Acts must be authorized Custom.

1537. Agency confined within strict limits - Greatest emergency

does not justify departure from strict rule.

1538. Agency by express authority or by adoption of fruits.

1539. Power to borrow money.

1540. Not a trading partnership.

1541. Management of property - Compensation of manager.

Distinctions from Tenancy in Common.

1545. General distinctions from tenancy in common.

1546. When parties treated as partners.

1547. Rule where tenants in common unite to work mine - May sell

to each other-No right of pre-emption.

1548. The rule as to ditch associations.

1549. Partners in the extraction of ore.

1550. Part of common law.

How Created and How Established.

§ 1555. How partnership may be created and established — In writing

1556. By act of the parties.

1557. When existence question of law and fact.

Rights and Duties Inter Sese.

§ 1565. Rights, obligations and duties of mining partners inter sese

1566. Skill bargained for-

When representatives not entitled to por-

1567. General rule - Representative of deceased partner entitled to

full share of remainder.

§ 1575. Dissolution and termination of partnership relation

1576. Notice must be given to prevent future liability.

1577. When court of equity will intervene.

1578. By death under the old rule - By statute in England.

1579. Rights of incoming and outgoing partners.

1580. Generally no dissolution by mere forfeiture.

1581. Summary - Doctrine of this chapter restated.

PROSPECTING OR GRUB-STAKE CONTRACTS.

§ 1590. Prospecting or "grub-stake" contracts - In general.

1591. Prospecting contracts Grub-stake contracts - History in this

1592. Same-Sometimes formed in writing, sometimes by parol.

1593. Other examples of a prospecting contract - Statute of frauds.

1594. Protected by estoppel.

1595. General controlling principles-Implied contracts - Expenses —

1596. Grub-stake contract-Implied rights.

1597. Mixed questions - Neither partnership nor grub-stake contract.

1598. Rights and duties of outfitter and prospector.

1599. Duty of outfitter.

1600. Right to abandon.

1601. Where prospector may not abandon.

1602. Abandonment and dissolution.

1603. As to agency of the parties.

1604. Necessary for outfitter to give notice.

1605. Summary - The doctrine of this chapter restated.

OF THE MINING SUPERINTENDENT.

§ 1611. Preliminary and introductory.

1612. Scope of treatment Mine boss.

1613. General authority and duties of mine superintendent - Implied

1614. Necessaries furnished by third persons.

1615. Promissory note - Borrow money.

OF CERTAIN REMEDIES AND THEIR PECULIAR RELATION TO

Working Out of Bounds - Measure of Damages.

§ 1620. General observations.

1621. Measure of damages - Innocent taking - Honest belief of owner-

c

§ 1622. Absence of negligence essential.

1623. Same The general rule.

1624. Damages - How proved.

§ 1626. Preliminary and introductory.

1627. The jurisdiction.

1628. Explanatory — Qualifications on foregoing — Paper title, prima

1629. Duty to prevent irreparable injury.

1630. Patent title not necessary.

1631. Of the preliminary injunction — Denial or dissolution by bond.

1632. May make all lawful use without being enjoined.

1633. Tailings and debris.

Inspection and Survey.

§ 1637. Preliminary and general observations - State statutes constitu-

1638. Statutes declaratory of equity powers.

1639. To obtain evidence to prepare case for trial, but not to engage

in a mere speculative proceeding.

OF SPECIAL STATUTORY PROVISIONS FOR HEALTH

AND SAFETY OF MINERS, AND REGULATING

RIGHTS AND DUTIES OF EMPLOYER AND EM-

GENERAL HEALTH AND SAFETY STATUTES.

§ 1640. Special statutory provisions for the protection of miners and

regulating mining - General health and safety statutes.

1641. When courts will not question legislative power.

1642. Police regulations — Legislative power-Injunction by the state.

1643. Proper subjects of police regulations.

OF STATE STATUTES.

Statutes Generally Considered.

$1050. Special statutory provisions - Subjects of statute.

1651. Exception when applied to fellow-servants.

1652. Where new outlets required in old mine

question for jury.

1653. Second opening.

-Sufficient man-way

1654. Mine boss - Fellow-servant - Separate openings.

1655. Ventilation in coal mines.

1656. The English rule Suspension of work.

As Affecting Liability for Negligence, and Herein of Contributory Neg-

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Protection as to Earnings — Weighing.

§ 1670. Protection as to earnings - Weighing - Credit for coal.

1671. A proper protection to miners.

1672. Contrary doctrine.

1673. Proper police regulation - Statute generally upheld.

1674. Same-Constitution the highest authority - No superior natural

1675. Same-Right to have weighed in original form.

MINERS' LIENS IN GENERAL.

Scope of Treatment - Creature of Statute.

1680. Scope of the chapter.

1681. Provided for in all the states.

1682. Creature of statute - A legislative mortgage.

1683. Mortgage and lien -- Improvements.

1684. Labor statutes - Liens in consequence of.

1685. Distinction- Must have been locatel as a mining claim.

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