Mine

An opening in the earth made minerals, and, in case of coal mines,

A pit or excavation inthe earth, from which metallic ores or other mineral substances are taken by digging. Webster.

3 l,v. To draw or lead — a way or psissage underground, a subterraneous duct, course or passage,, whether in search of metals or to destroy fortifications.* 3, n. An opening or excavation in the earth for the purpose of extracting minerals. Applied to coal, is generally equivalent to a worked vein.^ The right to mines, as a branch of the royal revenue, had its original jn the king's prerogative of coinage, in order to supply him with materials; and therefore mines which are properly " royal " are only those of gold and silver. By 1 and 8 W. & M. (1689, 1696), no mines are to be royal, but the king may have the precious metals for a price named in the statutes." See Royalty. Statutes in various States declare that a patent passes the entire interest of the State.' Mming claim. A parcel of land containing precious metal in its soil or rock; also, one's right of property in such land. Mineral locations, made prior to the passage of any mineral law by Congress, have always been governed by the local rules and customs in force at the time of the location.^ The location of a mining claim is the act of appropriating such parcel according to certain established rules. It usually consists in placing on the ground, in a conspicuous position, a notice setting forth the name of the locator, the fact that it is thus taken or located, with the requisite description of the extent and boundaries of the parcel, according 'to the local customs or, since the statute of 1872, according to the provisions of that act. The location, which is the act of taking the parcel of mineral land, in time becomes, among the miners, synonymous with the mining claim originally appropriated. One claim may include several or many locations." ' Mc Cammon v. Cunningham, 108 Ind. 547 (1886). 2 Allore V. Jewell, 94 U. S. 511-13 (1876), Field, J. 8 L. L. minare, to lead; hence, to follow a vein, to excavate. Whence mineral. 4 Bell V. Wilson. L. E., 1 Ch. Ap. *309 (1866), Turner, L. J., quoting Ency. Metrop. s Westmoreland Coal Co.'s Appeal, 85 Pa. 346 (1877). « 1 Bl. Com. 894. ' 3 Kent, 378, n; 17 Cal. 199. As to the United States, see 107 U. S. 526; 108 id. 510; 2 Black, 17; 3 Wall. 304. 8 Glacier Mining Co. v. Willis, 127 U. S. 483 (1888). The right of location upon the mineral lands of the United States is a privilege granted by Congress, but it can only be exercised within the limits prescribed by the grant. A location can only be made where the law allows it to be done. A«relocation on lands actually covered at the time by another valid and subsisting claim is void. A location is made by taking possession and working on the -ground, recording and doing whatever else is required by the acts of Congress and local regulations. A claim perfected under the law is property in the highest sense, which may be bought, sold, and conveyed, and which will pass by descent. Actual possession is not necessary, but the locator must do the requisite amount of work withip the prescribed time. The paramount title remains in the United States; the locator acquires the exclusive right of possession. A relocation may be made only when the rights of the former locator have ended.* Known mine. Within the meaning of the mining laws, no lands are "known mines" unless at the time that the rights of a purchaser accrued there was upon the ground an actual and opened mine, which had been worked, or which was capable of being worked.2 If a lode or vein of gold or silver is " known to ex. ist " within a placer claim when the patent is applied for, the patentee cannot recover its possession, even as against an intruder. Having no title to such lode or vein by reason of its exception from his patent under Rev. St. § 2333, he cannot enforce any legal right to it, being bound to rely upon the strength of his own title, not upon the weakness of his adversary's. The statute speaks of acquiring a patent with knowledge of the existence of a vein or lode within the boundaries of the claim; not, of the effect of the intent of the party to acquire a lode which may or may not exist, of which he has no knowledge. Nor does it render belief, after examination, in the existence of a lode, knowledge of the fact. There may be difficulty in deteirmining whether such knowledge in a given case was had; but between mere belief and knowledge there is a wide difference* Questions as to what kind of evidence is sufficient to prove the required knowledge should be settled as they ari.se. 3 Mining partnership. A distinct association, with different rights and liabilities attaching to its members, from an ordinarj' trading partnership. > Belk V. Meagher, 104 U. S. 284, 281-88 (1881), Waite, C. J.; Forbes v. Gracey, 94 id. 768 (1876); E. S. §2319; Erhardt v. Boaro, 113 U. S. 535 (1885). See generally Steel V. Smelting Co., 106 id. 449, 457 (1882); Jackson v. Boby, 109 id. 441 (188,3); Chambers v. Harrington, 111 id. 350 (1884). ' Colorado Coal & Iron Co. v. United States, 123 U. S. 825 (1887), cases, Matthews, J. ' Iron Silver Mining Co. v. Reynolds, 124 U. S. 383 (1888), Field, J.; Noyes v. Mantle, 127 id. 353 (1888). As A member may convey his interest ivithout dissolving the partnership; and the death or insolvency of a member will not work a dissolution. But a member may not pledge the credit of the association.' Such partnership exists where the owners of a mine co-operate in working it." See Adit; Mineral; Aijua, Currit, etc.; Land, Public; Ore; Vein: "Waste. i