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Show WESTERN MINING GAZETTEER. MINERAL AVEALT1I. August. The Eureka Consolidated yield is about the same as in August, ami the Western is 15,000 short. The product of the 32 mines in the foregoing list compares as follows with the yield of 32 mines reporting to the JUilletin for the same Product ol Our Mines in tin Month of September. We manage, says the Jlutletinto get reports of bullion pro- duct from the usual number of mines, though not always from the same, and never from as many as ought to report. There are scores of producing mines that we never hear from. Some report one month, but not the next, cither from a failure to produce any bullion or from an oversight on the part of some officials. Included in the list are some that have not failed to put in an appearance in a long time. They are the regulars. As a whole, the business of mining has a great deal of a klei- doscope character. It is for no two days alike. And yet, when all the results are grouped, there is very little change. We have cither official or semi-officireports from the following gold mines for September: month last year: Gold Silver Load Totals wm 1S7S. 1819. 047,200 1,124,500 01,700 720,100 1,145,700 20,301 1,833,400 1,892,100 ' MINING DECISION. al In the Circuit Court of the United States, an important ruling was made in the case of Smith and Downs vs. A. E. GOLD MINKS. et als ., touching the validity of the title bonds to min13 900 Belviderc 8 000 ing property which are now commonly in use. The complaint Black Bear Quartz Bodie Consolidated 28 G00 was a bill for specific performance, based in pursuance of 37 900 which they bound themselves to convey three-fifth- s Deadwood of the 11 800 Terrible mine to the Fresno Enterprise plaintiffs, upon the payment of certain 137 500 Homestakc (Dakota) therein named, within a specified time. Before the exIdaho (Nevada county) 45 000 sums, Milton Gravel 30 300 piration of the time, the said three defendants had sold and 15 GOO conveyed the property to John II. Maugham, and he had conNorth Bloomfield 27 900 veyed to Albert E. Reynolds. Reynolds set up in his answer Noonday North Noonday 18 300 that the title bond was given without consideration. The 5 200 Oneida complainants excepted to this portion of Reynoldss answer. 1S1 100 The exception was argued by Colonel M. B. Gerry and Clias. Standard Consolidated 10,900 silver S. Thomas, Esq., for complainants, and by Thatcher and Gast 501 100 for defendants. Although the Court had given a slight inti- Total thirteen gold mines, The Bulwcr Consolidated and Stewart mines produced no mation of its views upon tins question in the Matchless mine bullion in September. The Excelsior, Golden Terra, Father case (Tobcrt A. Wright vs. Timothy A. Foley) at the last May term in Denver, the point was not squarely in issue. In the de Smet, Mammoth and New York Hill omitted to send us reports for last month, but each is supposed to have turned out : Terrible case, the point was directly presented by the excepthe usual amount of bullion. The silver mines reporting to tion of Reynoldss answer. Upon this particular exception, the Bulletin for September are as follows: Judge Hallet in substance said: As to the exception of separate answer of Reynolds, alleg40 000 Alexander 18 900 ing that the bond executed by three of the defendants to the Argon ta j 27 400 plaintiffs was a volntary bond, executed without any considerChristy (Utah) I Grand Prize GO 900 ation, in my opinion is not well taken. This exception must ! Ilarshaw (Arizona) 75 000 be overruled. Such bonds are of no effect whatever unless Indian Queen 10 100 carried out by the obligees tendering the whole or some part Mount Diablo 11 000 of the agreed price, and the obligees accepting the same. To Manhattan .... .... ... lOo 00 say that such a bond is capable of being enforced is to assert j Northern Belle 119 G00 that one party is bound while the other is not. If the purcha180 300 ser is not hound, neither is the vendor. It is not the case of a j Ontario (Utah) Paradise Valley 10 400 contract founded upon mutual promises, which is always en150 000 forceable. When there is a promise to sell, but not a promise j Richmond Consolidated Silver King (Arizona) 40 000 to buy there is no contract. It is a promise without considerStar 20 000 ation. Of course, if the seller, when it is still within his powj Tip 44 000 er to sell, accepts the money, or some part of it, he is bound to Top make the conveyance; or, if the consideration be that the 932 400 obligee shall sink a shaft until mineral is struck, or th;t he Total fifteen silver mines shall do other work on the mine, the ease would he diff rent. The Ilarshaw is a new productive claim in Arizona, and the In that event, there would he no want of mutualitv. It w mid amount given is estimated from partial returns. The first and be the case of an ordinary agreement, based upon a eons! in mine The from was that only shipment 23,500. August Indian Queen has been producing since duly, but has only reBut in the case before us, the plaintiffs did not agve to cently reported. The Mt. Diablo is new. The Silver King is take the n Is it possible that Clark, Button, and property. to declines as the estimated, report. secretary were hound to sell, while Downs and Smith were not fhe yield of four gold and silver mines for Septei hound to buy? This 1 do not understand to he the law. 1 as follows: have always regarded this class of bonds as beingo without val- GOLD AND SILVER MINES. idity. I know there are some good lawyers who maintain that such a bond mayv be treated as a continuing offer during the uoL i California time limited .therein, and that the oiler may lie accepted at any 59, ( Consolidated Virginia time during that period. But this is not my view of the law. 594V .. . ,i E Mr. Thomas stated that lie could furnish some authorities Western which lay down a different doctrine. I now think this part of the answer presents a good defense. At the final hearing, rn upon a more extended ex unination of the authorities, my views maybe modified; but, as at present advised, my conviction is, that tliis bond is without validity. Pueblo ((Joloratlo) Including a value of 20,300 for lead. Hie California and Consolidated Virginia gave 212,000 in Chieftain. ltev-nohl- s, ! .... ........ ........ ..... f j j ier-atio- n. Ott-ma- i ; I ! ! ; i ; : |