Show RECENT MINING DECISIONS prepared for the mining review other valuable deposits in revised statutes Staf utes the words other valuable deposits in the clause mining claims upon veins or lodes of quartz or other rock in place bearing gold silver cinnabar lead tin jin copper or other valuable deposits in section 2320 rev st U S comp st 1901 p n 1424 includes as well las as deposits webb v american asphaltum mining co circuit court of appeals federal ia lode or placer claim test the distinguishing test which determines whether or not a valuable mineral deposit may be secured by a lode claim or by a placer claim is the form and character of the de deposit posit if it it is in a vein or lode in rock in place it may be secured by a lode claim and it may not be by a placer claim if it is not in a vein or lode in rock in place it may be se toured by a placer claim and may not be by a lode claim webb v american asphaltum I 1 mining co circuit court of appeals federal miners assumption of risk an instruct tion in an action for death of a miner from the caving of the roof of the mine that if k he knew the dimensions of the drift in which he was injured and the character and con of the ground in which it was cut 10 so far as they were reasonably ascertain lable r able and the way in which the timbering was done and the risks and danger inci Z adent dent to working therein under all said conditions dit ions and continued to work therein twit without hout complaint there could be no recovery ery is objectionable as leaving out of consideration the question whether or not deceased might have reasonably under the conditions as they appeared to him have proceeded with the work with the expectation of safety by the use of ordinary care there being evidence tending to show that ile he might have reasonably thought he could i safely proceed with the work rogers v f rundell It kansas city court of appeals mis j southwestern 1096 forfeiture of oil lease an oil and gas of please lease giving the lessee the exclusive right for a term of years to enter upon lands and prospect and procure oil and gas and providing in case no well is drilled within six months all rights and obligations under the lease shall cease and determine unless 1 the lessee shall elect to continue the lease in force by payment in advance of an annual rental of 1 per acre for all the land and which contains no covenant promise or agreement on the part of the lessee to drill a well or pay the rental or do anything is 1 a mere naked option and the failure of the lessee to drill a well within six months or j to make a payment of rental forfeits the lease oneill v supreme court J of kansas 93 pacific location of claims where mining claims were located on a designated date by posting the requisite notice and by the proper marking of their boundaries within ninety days thereafter the right to the ground covered by them related ba back C k to the time of the posting poking of the notice and segregated gre gated the land from the public domain so that a subsequent location was invalid until after there had been a failure to do the work required by the statutes to be done within ninety days from the posting of the notice but where the notices were posted and the claims were not staked within nine ty days thereafter the locations were not completed and they were not segregated from the public domain though such posting carried the right to define the boundaries within ninety days nash v mcnamara supreme court of nevada 93 pacific location work the sixty days within which the discover of a mining claim must perform his location work runs from the date of the discovery of mineral and erecting the discovery notice and one cannot extend his time to do his work by renewing his notice of discovery ingemarson v coff coffey ey supreme court of colorado 92 pacific stockholders right to inspect books stock corporation law laws 1892 p 1840 c section 53 as amended by laws 1897 p c section 3 requires every foreign stock corporation having an office for the transaction of business in the state to keep therein a stock book which shall be open daily during business hours for the inspection spec tion of its stockholders and judgment creditors etc does not specifically confer the right to make extracts from such stock book and where it affirmatively appears that an applice application aaion for inspection is not made in good faith for the protection of th the e applicants interest in the corporation but that his only purpose is to obtain a mailing list to use for circularizing circular izing purposes in selling stocks of other corporations in connection with his business as a broker a writ t of mandamus will not issue to aid him people ex rel althouse AI v giroux consol mines co supreme court of new york N Y joint venture in locating mineral an agreement reciting that tha t defendants had invited plaintiffs assignors assigners assign ors to join in the business venture of locating mineral lands provided for pay payment ment by the assignors assigners assign ors of half hal f the expenses and f further urt her provided that defendants fend ants would purchase the interest of the assignors assigners assign ors at t their heir request paying the amount expended by them in t the he business the in terest of the parties were represented by shares held that as the agreement did not relate to the purchase and sale of specific property a notice to defendants by the as signors that they acce accepted apted the condition of the agreement for the payment of the moneys advanced in the undertaking was a sufficient tender of their interest to call on de to perform del delaware aware trust co v calm supreme court of new Y york ork N Y |