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MINE. An excavation made for obtaining minerals from the bowels of the earth, and the minerals themselves are known by the name of mine.
     2. Mines are therefore considered as open and not open. An open mine is one at which work has been done, and a part of the materials taken out. When land is let on which there is an open mine, the tenant may, unless restricted by his lease, work the mine; 1 Cru. Dig. 132; 5 Co. R. 12; 1 Chit. Pr. 184, 5; and he may open new pit's or shafts for working the old vein, for otherwise the working of the same mine might be impracticable. 2 P. Wms. 388; 3 Tho. Co. Litt. 237; 10 Pick. R. 460. A mine not opened, cannot be opened by a tenant for years unless authorized, nor even by a tenant for life, without being guilty of waste. 5 Co. 12.
     3. Unless expressly excepted, mines would be included in the conveyance of land, without being expressly named, and so vice versa, by a grant of a mine, the land itself, the surface above the mine, if livery be made, will pass. Co. Litt. 6; 1 Tho. Co. Litt. 218; Shep. To. 26. Vide, generally, 15 Vin. Ab. 401; 2 Supp. to Ves. jr. 257, and the cases there cited, and 448; Com. Dig. Grant, G 7; Id. Waifs, H. 1; Crabb, R. P. Sec. 98-101; 10 East, 273; 1 M. & S. 84; 2 B. & A. 554; 4 Watts, 223-246.
     4. In New York the following provisions have been made in relation to the mines in that state, by the revised statutes, part 1, chapter 9, title 11. It is enacted as follows, by
     Sec. 1. The following mines are, and shall be, the property of this state, in its right of sovereignty. 1. All mines of gold and silver discovered, or hereafter to be discovered, within this state. 2. All mines of other metals discovered, or hereafter to be discovered, upon any lands owned by persons not being citizens of any of the United States. 3. All mines of other metals discovered, or hereafter to be discovered, upon lands owned by a citizen of any of the United States, the ore of which, upon an average, shall contain less than two equal third parts in value, of copper, tin, iron or lead, or any of those metals.
     6.-Sec. 2. All mines, and all minerals and fossils discovered, or hereafter to be discovered, upon any lands belonging to the people of this state, are, and shall be the property of the people, subject to the provisions hereinafter made to encourage the discovery thereof.
     6.-Sec. 3. All mines of whatever description, other than mines of gold and silver, discovered or hereafter to be discovered, upon any lauds owned by a citizen of the United states, the ore of which, upon an average, shall contain two equal third parts or more, in value, of copper, tin, iron and lead, or any of those metals, shall belong to the owner of such land.
     7.-Sec. 4. Every person who shall make a discovery of any mine of gold or silver, within this state, and the executors, administrators or assigns of such person, shall be exempted from paying to the people of this state, any part of the ore, profit or produce of such mine, for the term of twenty-one years, to be computed from the time of giving notice of such discovery, in the manner hereinafter directed.
     8.-Sec. 5. No person discovering a mine of gold or silver within this state, shall work the same, until he give notice thereof, by information in writing, to the secretary of this state, describing particularly therein the nature and situation of the mine. Such notice shall be registered in a book, to be kept the secretary for that purpose.
     9.-Sec. 6. After the expiration of the term above specified, the discoverer of the mine, or his representatives, shall be preferred in any contract for the working of such mine, made with the legislature or under its authority.
    10.-Sec. 7. Nothing in this title contained shall affect any grants heretofore made by the legislature, to persons having discovered mines; nor be construed to give to any person a right to enter on, or to break up the lands of any other person, or of the people of this state, or to work any mines in such lands, unless the consent, in writing, of the owner thereof, or of the commissioners of the land office, when the lands belong to the people of this state, shall be previously obtained.

References in periodicals archive ?
Eastern Europe, with extensive mineable resources and after a long period of underinvestment, is projected to exhibit the fastest growth in mining equipment demand through 2009, followed by Asia (led by China), the Africa/Mideast region and Latin America, with the mature markets of Western Europe and North America trailing.
Forward-looking statements in this news release include the Company undertaking a 7,500-foot core drilling program designed to confirm and expand prior drilling at the project; previously drilled holes will be twinned; a number of additional in-fill and step-out holes are also planned; that core will be shipped to Skyline Labs in Tucson for preparation and assaying; that pre-feasibility metallurgical test work will be performed by Resource Development Inc; that we will begin collection of baseline environmental data at the Courtland and MAN copper projects; and that we will commission an independent third-party calculation of mineral resources and mineable reserves at the Courtland and MAN copper projects.
Removing coalbed methane from the mineable seam helps ensure the safety of subsequent mining operations, and it recovers methane that would otherwise have been vented to the atmosphere," Burke said.
This press release does not constitute an offer to sell or a solicitation to buy securities, and contains forward-looking statements regarding the Company within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act, including statements regarding the anticipated timing and approval of the applications and plans related to the Montanore permitting process, the elements comprising the underground evaluation program, anticipated commencement of underground activities at the Montanore Project, and the impact of the results of the evaluation program on mineable resources and operating costs.
The Cecil R/Jackson area represents a significant target for further exploration drilling by the Company in efforts to develop the next mineable gold deposit in the Panamint Range.
Under normal circumstances, the geological target should be advanced by drilling to the probable and proven stage together with a feasibility study before the resource is considered mineable.
Forward looking statements in this press release include that our additional claims cover strong gold and geochemical indicator metal stream sediment anomalies; that indications show anomalous gold over a large area; that we plan for further sampling and mapping work in the summer field season of 2006; and our belief that this area could contain a high grade underground mineable vein controlled gold system or an area of disseminated gold values that could be a bulk open pit mineable gold deposit.
The potential of the Dublin Gulch Stock to contain an intrusive hosted, bulk mineable deposit was first tested in 1991.
Wide zones of silver mineralization intersected in the initial drill program adjacent to historically mined high grade silver veins have demonstrated potential may exist for a bulk mineable silver deposit.
Mineable reserves are expected to exceed 400,000 ounces.
Geologic data suggest that uranium mineralization of underground mineable grade will occur between 900 and 1,500 feet below the surface.
Atlas will be spending $1 million on a development drilling program designed to expand the 240,000 ounces of permitted, mineable gold reserves currently outlined at the Gold Pick and Gold Ridge deposits.