Page:Black's Law Dictionary (Second Edition).djvu/788

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now form or which once Iormed a port of the solid body of the earth, both external and internal, and which are now destitute of or icnapable of supporting animal or vegetable life. In this sense, the word includes not only the various ores of the precious metals, but also coal, clay, marble, stone of various sorts, slate, salt, sand. natural gas, petroleum, and water. See l\'or ern Pac. R Co v. Sotierberg, 104 Fed. 4'. 4 . . I\iurray v Alired. 100 Tenn. 100. 43 S. W. ), 39 L. R. A. $9. 66 Am. St. Rep. '7-10; Gibson v. 'i‘_vsun. 5 Watts (Pa.) 33: Henry V. Lowe. 73 Mo. 99: West- niorei.-ind. etc., Gas Co. v. De Witt. 130 Pa. ‘233. 18 Ati. 73-1. 5 L. R. A. 731; Marvel V. Merritt, 116 U. S. 11, 6 Sup. Ct. 207. 29 L. Ed. 5550; C idweli v. Fulton, 31 Pa. 475. 72 Am. Dec. Tl: Dnnlrim v. Kirkpatrick. 101 Pa 43. 47 A Rep. (396: State v. Parker, 61 Tex. 2 . Ririgway Light. etc., Co. v. Elk County, 191 Pa. 46."), 43 Ati. 323.

P. F5


MINERAL, adj. Relating to minerals or

the piocess and business of mining; bearing or producing Valuable inlucrnls. —Minera1 district. A term occasionally used in acts of congress, designating in a general way those portions or regions of the country where Valuable minerals are mostly found, or where the business of mining is chiefly carried on, but carrying no very precise moaning niid not a known term of the law. See 7. S. v. Smith (C. C.) 11 Fed. 490.—Minera1 land . See LAND. —Minera1 ln.m1 entry. See hlN1'ln'.

MINERATOR. In old records. A miner.

Miniuia pcena cox-poz-alis est major qnaliliet pecuniax-in. '1‘he smallest corpo- ral punishment is greater than any pecuni- ary one. 2 Inst. 220.

Misiime mutanda aunt qua: certain lialiuei-n.nt ineerpretntionem. '.L‘liin-gs which have had a certain interpretation [whose interpictation has been settled, as hy common opinion] are not to be altered. Co. Litt. 365; Wing. l\Iax. p. 748. max. 2()'_’..

MINIMENT. (q. 1:.) Bionnt.

An old form of muiiiment,

Minimum est niliilo proximum. The

smallest is next to nothing.

MINING. The process or business of extracting from the earth the precious or valu able met-ils. eitber in their native state or in their ores. in re Rollins Gold l\lin_ Co. (D. C.) 102 Fed. 985. As oi-diiiarily used, the term does not include the extraction from the earth of rock, mnrble, or slate. vihich is commonly descril-ed as “qiiarr ing." :11- though coal and salt are “m1ned;" nor does it include sinking wells or shafts for petroleum or natural gas. unless expressly so declared by statute, as is the case in Indiana. See State v. liidi-inn. etc.. Min. 00., 120 Ind. 575. 22 N. E. 778. 6 L. R. A. 579; Williams V. Citizens‘ Enterprise Co.. 153 Ind. 496, 55 N. E. 425. ~ —Mining claim. A parcel of land, containing precious metal in its soil or rock, and appro- priated by no individual. arroriliiis to established rules, by the process of “location." St.




Louis Smelling S; Refining Co. v. Kemp. 104 U.» S. 6-19. 26 L. Ed. 875; Northern Piic R. Co. V. Sanders. 49 Fed. 135. 1 C. C. A. 1‘.)_ " son v. Mining Co., 1.‘: ‘err. 470; hiril V. fisher Lumber Co. (C. C.) 12.’; Fe 3 )1ing companies. This desisviatiii as wrait-

ly applied in England to the uouintiolc - ed in London in 1.52:,» for working ulna 3 Mexico and South America; but at taut It comprises. hntb in England and Arr nu. II mining projects carried on by joinlnaufi fin sou-itions or corporations. Rapalje S; Luvnllf 'ning district. A section of country i.lD~ ally designated by name and describtd or or dersiood as being confined within certain I-lb! urai boundaries, in which tbc precious in-uh (or their orrs) are found in paying quaint?! and which is worked therefor. under rules on regulations prescribed or agreed upon by l miners therein. U. s. v. Smith (C. c.) 11 rd. 490.—1V[ lease. A lease of a mine or mining cliiim or a portion thereof. to be work- ed [iv the icssee. usiially under conditions ii: at the amount and character of VlDl'ii to be dong and reserving compensation to the lessor eilblh in the form of a fixed rent or a royiiiy on Ila toniia-.'e of are mined, and which (as distinguish-. ed from a license) conveys to the ics e an tcrest or estiite in the land and (as distinguis — ed from nn ordinary ii-asc) '--nveys not [lJ!'l'(‘i_V the temporary use and occupation of the land. but a portion of the land itself. that is. die on in place and unsevered and to be extruded by the lessee. See Austin v. Huntsville Min. Co.. 7'2 M0. 541, 37 Am. Ii:-p. 4-16; Bncbnnnnn v. (‘nle_ 57 Mo. App. 11: Knight. r. lndiann Oral Co.. 47 Ind. 11.5. 17 Am. Hen. (‘ 2, Siiniiemin V. Scranton. 105 Pa. -iT3.—-lvlining location. The act of appropriating and claiming. according to certain established rules and local customs. a parcel of land of defined area, upon or in which one or more of the precious rnetiiis or tbeir ores buve been discovered, and which canstitntes a portion of the public domain, with the declared intention to occupy and work it for mining: purposes under the implied license of the United States. Also the parcel of land so or- cupicd and appropriatrd. See Poire v. Wells, 6 C010. 41?: St. Louis Smelling 8: Refining Co. V. Kemp, 104 U. 0-19, 26 L. Ed. S75 Fleece, etc.. Min. Co. v. Cnlile, _etc

12 NOV. 33$; Gicesiiu v. 1\.ll'irLll:i l‘<i.. 13 Nev. - : “nlrath \' Champioii iiin. CO. (C. C.) 03 Fed. 555.—Mining partner-

ship. An association of SQ\L1':li uunei-s of ii mine for cooperation in working the mine. A mining partneiship is governed by many of die rules relating to ordinary partnerships, but also by some rules peculiar to itself, one of which is that one person may convey his interest in the mine und business without dissolving the put- neisliip. Kiilin v. Central Smelling Co. 102 U. 25 L. Eli. Higgins v. Annstrong, 9 Colo. 38. 10 . 33; Skillinii v. IJ..|Liil.l.Ii\l'l. ‘23 Cal. 20-3, 33 Am. Dec. 91)’. in berly r. Arms, 129 U. S. 512, 9 Sup. Ct. Km. 32 L. Ed. 764.

MINISTER. In public law. One of the highest functionaries in the 0i'gani7.i1tion of civil goiern1.nent. standing next to the sovereign or executive head, acting as his inimeliiute nu.\ilia1'y, and being generally charged with the administration of one of the great bureaus or departments of the executive branch of government. Otherwise called a "cabinet minister." "secretary of state." or “secretary ot‘ a department."

In international law. An officer appointed by the government of one nation as a mediator or arbitrator between two other

nations who are engaged 111 a controiersy,