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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 classic literature ?
She shook her head, turned her delighted bright eyes up to mine, kissed me, broke into a merry laugh, and sprang away to put on Jip's new collar.
I don't know what bad luck it is of mine," argument to my mind; however, I mean to mend said Sancho, "but I can't utter a word without a proverb that is not as good as an argument to my mind; however, I mean to mend if I can;" and so for the present the conversation ended.
Slowly my arms gave to the unequal struggle, and inch by inch the burning eyes and gleaming tusks of my antagonist crept toward me, until, as the hairy face touched mine again, I realized that all was over.
It was this, -- that while you had related to me all the particulars of your past life, you were perfectly unacquainted with mine.
But now that the poor child was shut up within the iron gates of the king of the mines, at the threshold of which lay the three-headed Cerberus, there seemed no possibility of her ever making her escape.
The country varies in soil and climate; there are vast plains of sand and clay, studded with large red sand-hills; other parts are mountainous and picturesque; it possesses warm springs, and coal mines, and abounds with game.
Machinery must work for us in coal mines, and do all sanitary services, and be the stoker of steamers, and clean the streets, and run messages on wet days, and do anything that is tedious or distressing.
He would go to the mines if need be to teach his gospel.
Odius and Epistrophus were captains over the Halizoni from distant Alybe, where there are mines of silver.
With the exception of one or two outports in France, and an occasional visit to Portsmouth, Plymouth, and Deal, he had in reality seen no more of mankind, however, than if he had been riding a donkey in one of his native mines.
Valparaiso -- Excursion to the Foot of the Andes -- Structure of the Land -- Ascend the Bell of Quillota -- Shattered Masses of Greenstone -- Immense Valleys -- Mines -- State of Miners -- Santiago -- Hot-baths of Cauquenes -- Gold-mines -- Grinding-mills -- Perforated Stones -- Habits of the Puma -- El Turco and Tapacolo -- Hummingbirds.
It was generally attributed to differences between himself and his partners on the question of further outlay of their earnings on mining improvements--he and Philip Carr alone representing a sanguine minority whose faith in the future of the mine accepted any risks.