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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 ?
Industry officials argued that only mines with poor safety records should be inspected.
The company is nearing completion on a massive $80- to $90-million expansion project for the Pamour open-pit mine that involved moving the top portion of Three Nation Lake and re-routing 6.
As a result of that, we're going to have much higher dollar cost per loss than we would if our mines, for example, were in Indonesia.
The Clinton Administration made small steps in the direction of banning land mines but insisted it must continue using "dumb mines" (which do not self-destruct after a period of time) until the year 2006, safely beyond Clinton's Presidency.
Barrick wants to begin construction on the mine by year-end, but a last-minute challenge by environmental groups has stalled final regulatory approval.
The remaining three papers include a case study on the hydrogeological and geochemical interactions of adjoining mercury and coal spoil heaps in Spain, a brief description of alkaline mine drainage from metal sulfide and coal mines in Svalbard and Siberia, and an assessment of liabilities at a uranium mine the Slovak Republic.
Once again, Perry Baltimore and the Marshall Legacy Institute have been instrumental in bringing to fruition a public-private partnership initiative involving mine detecting dogs that will make a real difference in the lives of countless people.
A links page including the websites of such organizations as the Sustainable Minerals Roundtable, the International Network for Acid Prevention, and the Mine Environmental Neutral Drainage Program is also provided.
Afghanistan's landscape is littered with mines from the former Soviet Union's invasion in 1979, and, more recently, from the war between the Northern Alliance and the Taliban after the September 11 attacks in the US last year.
During this time period, most discussion focused on the need to have different tax treatments for expenditures made to maintain the normal output of a mine from a recession of the working face versus expenditures made to increase mine production.
TMC of Azusa is seeking permits to mine 56 million tons of aggregate in Soledad Canyon.
Perhaps more important, sensors can indicate where there aren't any mines.