Legal Term Dictionary

n. Any valuable inert or. lifeless substance formed or deposited in its present position through natural agencies alone, and which is found either in or upon the soil of the earth or in the rocks beneath the soil. Barringer A Adams, Mines, p. Ixxvi. Any natural constituent of the crust More...

n. Any valuable inert or. lifeless substance formed or deposited in its present position through natural agencies alone, and which is found either in or upon the soil of the earth or in the rocks beneath the soil. Barringer A Adams, Mines, p. Ixxvi. Any natural constituent of the crust of the earth, inorganic or fossil, homogeneous in structure, having a definite chemical composition and known crystallization. See Webster; Cent Diet. The term includes all fossil bodies or matters dug out of mines or quarries, whence anvthing may be dug, such as beds or stone which may be quarried. Earl of Rosse v. Wainman, 14 Mees. & W. 872. In its common acceptation, the term may be said to include those parts of the earth which are capable of being mined or extracted from beneath the surface, and which have a commercial value. Williams v. South Penn Oil Co.. 52 W. Va. 181, 43 S. E. 214, 60 LL R. A. 795. But, in its widest sense, "minerals" may be described as comprising all the substances which now form or which once formed a part of the solid body of the earth, both external and internal, and which are now destitute of or incapable 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 Northern Pac R. Go. v. Soderberg, 104 Fed. 425, 43 C. C. A. 620; Murray v. Allred, 100 Tenn. 100, 43 S. W. 355, 30 L. R. A. 249, 66 Am. St. Rep. 740; Gibson v. Tyson, 5 Watts (Pa.) 38; Henry v. Lowe, 73 Mo. 99; Westmoreland, etc., Gas Oo. v. De Witt, 130 Pa. 235, 18 Atl. 724, 6 I* It A. 731; Marvel v. Merritt 116 U. S. 11, 6 Sup. Ct. 207, 29 L. Ed. 550; Caldwell v. Fulton, 31 Pa. 475, 72 Am. Dec 760; Dunham v. Kirkpatrick, 101 Pa. 43, 47 Am. Rep. 696; State v. Parker, 61 Tex. 268: Ridgway Light, etc., Co. v. Elk County, 191 Pa. 465, 43 Atl. 323. Less...

adj. Relating to minerals or the process and business of mining; bearing or producing valuable minerals. -Mineral distriot. 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 More...

adj. Relating to minerals or the process and business of mining; bearing or producing valuable minerals. -Mineral distriot. 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 meaning and not a known term of the law. See U. S. v. Smith (C. C.) 11 Fed. 490.-Mineral lands. See LAND. -Mineral land entry. See ENTRY. Less...

In old records. A miner. Minima poena oorporalis est major qnalibet peounlarla. The smallest corporal punishment is greater than any pecuniary one. 2 Inst 220. Minima mntanda snnt quae eertam habnernnt interpretationem. Things which have had a certain interpretation [whose interpretation has been settled, as by common opinion] are not More...

In old records. A miner. Minima poena oorporalis est major qnalibet peounlarla. The smallest corporal punishment is greater than any pecuniary one. 2 Inst 220. Minima mntanda snnt quae eertam habnernnt interpretationem. Things which have had a certain interpretation [whose interpretation has been settled, as by common opinion] are not to be altered. Co. Litt 365; Wing. Max. p. 748, max. 202. Less...

An old form of muniment, (q. v.) Blount Minimum est nihilo proaimnm. The smallest is next to nothing.

An old form of muniment, (q. v.) Blount Minimum est nihilo proaimnm. The smallest is next to nothing. Less...

The process or business of extracting from the earth the precious or valuable metals, either in their native state or in their ores. In re Rollins Gold Min. Co. (D. C.) 102 Fed. 985. As ordinarily used, the term does not include the extraction from the earth of rock, marble, More...

The process or business of extracting from the earth the precious or valuable metals, either in their native state or in their ores. In re Rollins Gold Min. Co. (D. C.) 102 Fed. 985. As ordinarily used, the term does not include the extraction from the earth of rock, marble, or slate, which Is commonly described as "quarrying," although coal and salt are "mined;" 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. Indiana, etc., Min. Co., 120 Ind. 575, 22 N. E. 778, 6 L. R. A. 579; Williams v. Citizens' Enterprise Co., 153 Ind. 496, 55 N. B. 425. -Mining olaim. A parcel of land, containing precious metal in its soil or rock, and appropriated by an individual, according to established rules, by the process of "location." St Louis Smelting A Refining Co. v. Kemp, 104 U* S. 649, 26 L. Ed. 875; Northern Pac. R. Co* v. Sanders, 49 Fed. 135, 1 C. C. A. 192; Glee-son v. Mining Co., 13 Nev. 470; Lockhard v. Asher Lumber Co. (C. C.) 123 Fed. 493.-Mining companies. This designation was formerly applied in England to the associations formed in London in 1825 for working mines in Mexico and South America; but at present it comprises, both in England and America, all mining projects carried on by joint-stock associations or corporations. Rapalje A Lawrence. -Mining distriot. A section of country usually designated by name and described or understood as being confined within certain natural boundaries, in which the precious metals (or their ores) are found in paying quantities, and which is worked therefor, under rules and regulations prescribed or agreed upon by tbe miners therein. U. S. v. Smith (C. C.) 11 Fed. 490.-Mining lease. A lease of a mine or mining claim or a portion thereof, to be worked by the lessee, usually under conditions as to the amount and character of work to be done, and reserving compensation to the lessor either in the form of a fixed rent or a royalty on the tonnage of ore mined, and which (as distinguished from a license) conveys to the lessee an interest or estate in the land, and (as distinguished from an ordinary lease) conveys not merely the temporary use and occupation of the land, but a portion of the land itself, that is, the ore in place and unsevered and to be extracted by the lessee. See Austin v. Huntsville Min. Co* 72 Mo. 541, 37 Am. Rep. 446; Buchannan ?. Cole, 57 Mo. App. 11; Knight v. Indiana Coal Co., 47 Ind. 113, 17 Am. Rep. 692; Sanderson v. Scranton, 105 Pa. 473.-Mining 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 metals or their ores have been discovered, and which constitutes 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 occupied and appropriated. See Poire v. Wells, 6 Colo. 412; St Louis Smelting A Refining Co. v. Kemp, 104 U. S. 649, 26 L. Ed. 875; Golden Fleece, etc., Min. Co. v. Cable, etc, Min. Co" 12 Nev. 328; Gleeson v. Martin White Min. Co., 13 Nev. 456; WTalrath v. Champion Min. Co. (C. C.) 63 Fed. 556.-Mining partnership. An association of several owners of a mine for co-operation in working the mine. A mining partnership is governed by many of the rules relating to ordinary partnerships, hut also by some rules peculiar to itself, one of which is that one person may convey his interest in the mine and business without dissolving the partnership. Kahn v. Central Smelting Co., 102 U. S. 645, 26 L. Ed. .266; Higgins v. Ann-strong, 9 Colo. 38, 10 Pac. 232; Skillman V. Lachman, 23 Cal. 203, 83 Am. Dec 96: Kim-berly v. Arms, 129 U. S. 512, 9 Sup. Ct 355, 32 L. Ed. 764. Less...

In public law. One of the highest functionaries in the organization of civil government standing next to the sovereign or executive head, acting as his immediate auxiliary, and being generally charged with the administration of one of the great bureaus or departments of the executive branch of government Otherwise called More...

In public law. One of the highest functionaries in the organization of civil government standing next to the sovereign or executive head, acting as his immediate auxiliary, and being generally charged with the administration of one of the great bureaus or departments of the executive branch of government Otherwise called a "cabiuet minister," "secretary of state," or "secretary of 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 in a controversy* with their consent, with a view to effecting an amicable adjustment of the dispute. A general name given to the diplomatic representatives sent by one state to another, including ambassadors, envoys, and residents. In eeelesiastieal law. A person ordained according to the usages of some church or associated body of Christians for the preaching of Che gospel and filling the pastoral office. In praetiee. An ofllcer of justice, charged with the execution of the law, and hence termed a "ministerial officer ;n such as a sheriff, bailiff, coroner, sheriff's officer. Britt. c 21. An agent; one who acts not by any inherent authority, but under another. -Foreign minister. An ambassador, minister, or envoy from a foreign government. Cherokee Nation v. Georgia. 5 Pet 56, 8 L. Ed. 25. -Public minister. In international law. A general term comprehending all the higher classes of diplomatic representatives,-as ambassadors, envoys, residents,-but not including the commercial representatives, such as consuls. Less...

That which is done under the authority of a superior; opposed to judicial; that which involves obedience to instructions, but demands no special discretion, judgment or skill. -Ministerial act. A ministerial act may be defined, to be one which a person performs in a given state of facts, in a More...

That which is done under the authority of a superior; opposed to judicial; that which involves obedience to instructions, but demands no special discretion, judgment or skill. -Ministerial act. A ministerial act may be defined, to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment, upon the propriety of the act being done. Acts done out of court in bringing parties into court are. as a general proposition, ministerial acts. Pennington v. Streight. 54 Ind. 376 : Bair v. Struck, 29 Mont 45, 74 Pac. 69, 63 t. R. A. 481; State v. Nash, 66 Ohio St 612, 64 N. E. 558; Grider v. Tally, 77 Ala. 424, 54 Am. Rep. 65.-Ministerial duty. A ministerial duty, the performance of which may in proper cases be required of a public officer by judicial proceedings, is one in respect to which nothing is left tp discretion; it is a simple, definite duty arising under circumstances admitted or proved to exist and imposed bv law. Stote v. McGratb, 92 Mo. 355, 5 S. V 29; Mississippi v. Johnson, 4 Wall. 498, 18 L. Ed. 437; People v. Jerome, 36 Misc. Rep. 256, 73 N. Y. Supp. 306; Duvall v. Swann, 94 Md. 008. 51 Atl. 617; Gledhill v. Governor, 25 N. J. Law, 351. A ministerial duty arises when an individual has such a legal interest in its performance that neglect of performance becomes a wrong to such individual. Morton v. Comptroller General. 4 S. C. 473.-Ministerial ofllcer. One whose duties are purely ministerial, as distinguished from executive, legislative, or judicial functions, requiring obedience to the mandates of superiors and not involving the exercise of judgment or discretion. See U. S. v. Bell (C. C.) 127 Fed. 1002; Waldoe v. Wallace, 12 Ind. 572; State v. Loechner. 65 Neb. 814, 91 N. W. 874, 59 L. R. A. 915; Reid v. Hood, 2 Nott A McC. (S. C.) 169, 10 Am. Dec. 582.-Ministerial sower. See POWER. -Ministerial trust. See TBUST. Less...

The party cross-examining a witness was so called, under the old system of the ecclesiastical courts.

The party cross-examining a witness was so called, under the old system of the ecclesiastical courts. Less...

Lat In old English law. Ministers of the king, applied to the judges of the realm, and to all those who hold ministerial offices in the government 2 Jnst 208.

Lat In old English law. Ministers of the king, applied to the judges of the realm, and to all those who hold ministerial offices in the government 2 Jnst 208. Less...

Office; service. Those members of the government who are in the cabinet.

Office; service. Those members of the government who are in the cabinet. Less...