The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, 8±ÇCallaghan, 1885 |
µµ¼ º»¹®¿¡¼
76°³ÀÇ °á°ú Áß 1 - 5°³
xii ÆäÀÌÁö
... MINERALS . Skinner v . Bailey , 483 . Smith v . Brown , 677 . Smith v . Clay , 193 . Smith v . Clyfford , 672 . Smith v . Doe , 74. 5 M. R. 218 . Smith v . Kenrick , 628 , 639. 6 M. R. 142 . Royal Bank of Liverpool v . Grand Smith v ...
... MINERALS . Skinner v . Bailey , 483 . Smith v . Brown , 677 . Smith v . Clay , 193 . Smith v . Clyfford , 672 . Smith v . Doe , 74. 5 M. R. 218 . Smith v . Kenrick , 628 , 639. 6 M. R. 142 . Royal Bank of Liverpool v . Grand Smith v ...
8 ÆäÀÌÁö
... minerals under a given surface at a cer- tain price , payable in installments as the mining progressed , the vendor impliedly reserves the power of entering and inspecting the mines to ascertain the quantity of minerals from time to ...
... minerals under a given surface at a cer- tain price , payable in installments as the mining progressed , the vendor impliedly reserves the power of entering and inspecting the mines to ascertain the quantity of minerals from time to ...
9 ÆäÀÌÁö
... minerals , and deliver an abstract thereof to the said . George Whieldon as soon as may be ; and that the said George Whieldon shall pay for the conveyance of the said mines and minerals . ( Signed ) CHARLES BLAKESLEY , GEORGE WHIELDON ...
... minerals , and deliver an abstract thereof to the said . George Whieldon as soon as may be ; and that the said George Whieldon shall pay for the conveyance of the said mines and minerals . ( Signed ) CHARLES BLAKESLEY , GEORGE WHIELDON ...
10 ÆäÀÌÁö
... minerals , or in sales of minerals , to be paid for by a royalty , according to the quantity of coals or minerals raised and gotten from or out of the lands and her- editaments so demised or sold , it was usual to insert powers ...
... minerals , or in sales of minerals , to be paid for by a royalty , according to the quantity of coals or minerals raised and gotten from or out of the lands and her- editaments so demised or sold , it was usual to insert powers ...
12 ÆäÀÌÁö
... minerals obtained . A covenant or proviso for this purpose is admitted to be incidental to the contract for such a lease or sale . The contract , without any express stipulation would , in Lord El- don's language , carry in gremio , and ...
... minerals obtained . A covenant or proviso for this purpose is admitted to be incidental to the contract for such a lease or sale . The contract , without any express stipulation would , in Lord El- don's language , carry in gremio , and ...
¸ñÂ÷
1 | |
9 | |
11 | |
15 | |
30 | |
33 | |
40 | |
44 | |
301 | |
308 | |
310 | |
316 | |
317 | |
329 | |
345 | |
371 | |
52 | |
53 | |
58 | |
64 | |
70 | |
80 | |
91 | |
99 | |
106 | |
118 | |
123 | |
131 | |
138 | |
140 | |
152 | |
153 | |
158 | |
165 | |
166 | |
189 | |
193 | |
204 | |
211 | |
245 | |
246 | |
249 | |
291 | |
297 | |
406 | |
453 | |
464 | |
481 | |
483 | |
488 | |
498 | |
531 | |
541 | |
542 | |
549 | |
558 | |
577 | |
593 | |
594 | |
596 | |
609 | |
610 | |
620 | |
628 | |
638 | |
657 | |
658 | |
668 | |
671 | |
693 | |
±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â
ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®
acres action agreed agreement alleged allowed amount appears applied assigns authority bill Borie breach called carry cause claim coal colliery common complainant consideration considered construction contained continued contract conveyed corporation court covenant damages decree deed defendants demised determine directors ditch effect entered entitled equity error evidence execution facts filed flow further give given grant ground held intent interest iron irrigation issue judge judgment jury land lease lessee lessor Lord manner March matter means mentioned minerals mines natural necessary notice obtained opinion owner paid parties passed payment persons pits plaintiff possession premises present proper proprietor purchase quantity quarry question raised reasonable received reference refused remove rent respect rule shares sold statute stone stream sufficient suit taken term tion veins
Àαâ Àο뱸
104 ÆäÀÌÁö - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.
104 ÆäÀÌÁö - is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate.
104 ÆäÀÌÁö - ... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere
96 ÆäÀÌÁö - That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized ana acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
67 ÆäÀÌÁö - But into all contracts, whether made between states and individuals, or between individuals only, there enter conditions which arise not out of the literal terms of the contract itself; they are superinduced by the pre-existing and higher authority of the laws of nature, of nations, or of the community to which the parties belong ; they are always presumed, and must be presumed, to be known and recognized by all, are binding upon all, and need never, therefore, be carried into express stipulation,...
106 ÆäÀÌÁö - That a portion of the water of a stream may be used for the purpose of irrigating land, we think is well established as one of the rights of the proprietors of the soil along or through which it passes. Yet a proprietor cannot under color of that right, or for the actual purpose of irrigating his own land, wholly abstract or divert the watercourse, or take such an unreasonable quantity of water, or make such unreasonable use of it, as to deprive...
69 ÆäÀÌÁö - A. dispensation or licence properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful.
24 ÆäÀÌÁö - either party shall be at liberty to apply to the Court or a Judge for a rule or order for the inspection by the jury, or by himself, or by his witnesses, of any real or personal *property the inspection of which may be [-»ATI material to the proper determination of the question in dispute...
687 ÆäÀÌÁö - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
119 ÆäÀÌÁö - There may be, and there must be allowed of that, which is common to all, a reasonable use. The true test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not.