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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 ?
Forward looking statements in this news release include that additional fieldwork is contemplated and will be planned in detail after full evaluation of the current data; that we will use wider electrode spacing to see more deeply into the subsurface; that even a deeply covered but underground mineable body of mineralization may be detected; It is important to note that the Company's actual outcomes may differ materially from those statements contained in this press release.
stated: "We are very pleased to join with Atlantic Gold in the search for potential bulk mineable gold deposits in the Caribou Structure.
states, "We are more than pleased with the exploration at our French Gulch property and we continue to find more and more targets that increase the overall mineable gold potential.
The Company continues drilling at Dolores to convert resources that are currently outside the proposed mine plan into additional underground and/or surface mineable reserves.
This new area further extends the limits of potentially economic bulk mineable gold mineralization from an elevation of 900 metres above sea level to this lower elevation of 480 metres a vertical distance of more than 400 metres.
RBU-17, 20 and 21), representing additional vein systems parallel to the Washington vein, and increasing the total mineable reserve potential.
The total inferred resource mineralization is estimated to be 56 million ounces of platinum with the potential in-ground resource base for platinum, palladium, rhodium and gold to be approximately 125 million ounces with a potential mineable ore-body reserve life of 70 years.
Madison's Lewis Property is strategically located within the Battle Mountain Mineral Belt, immediately adjacent to the north and northwest of Newmont Mining Corporation's Phoenix-Fortitude Property, in respect of which Newmont has reported current mineable reserves of 174 million tons grading 0.