minerals

All fossil bodies or matters dug out of mines or quarries, whence anytliing may be dug; such as beds of stone which may be quarried. 14 M. & W. 859, construing 55 Geo. III. c. 18; Broom, Leg. Max. 176.* When becoming solid by tbe powers of crystallization. Webster, Diet But see Olbson V. Tyson, 6 Watts (Pa.) 84; 1 Crabb, B. P. 95; Oil. Tbe term mineral bas been defined as “every substance wbicb can be got from undemeatb tbe surface of tbe eartb, for tbe purpose of profit” L. R. 7 Cb. App. 699; and in another case It Is said that the word does not Include anything except that which Is part of the natural soil; 33 Ch. D. 666. It has been held to Include coal; Henry v. Lowe, 78 Mo. 96; paint-stone; Hartwell v. Oamman, 10 N. J. Eq. 128, 136, 64 Am. Dec. 448; free-stone; L. R. 1 Ch. 303; and petroleum; Appeal of Stoughton, 88 Pa. 198; Gill V. Weston, 110 Pa. 313, 1 Atl. 921; stone for road making or paving; L. R. 4 Eq. 19; brick clay; L. R. 20 Ch. Dlv. 552; china clay, and every substance which may be obtained from underneath the surface of the earth for the purpose of profit; L. R. 7 Ch. 699; sandstone; 2 Drew. & S. 395; flintstone; L. R. 8 App. Cas. 608; chromate of Iron; Gibson v. Tyson, 5 Watts (Pa.) 34; natural gas; Westmoreland & Cambria Natural Gas Co. V. De Witt, 130 Pa. 235, 18 AU. 724, 6 L. R. A. 731. See Oil. The words minerals and ores have been held to include only minerals obtained by underground working; Armstrong v. Granite Co., 147 N. Y. 405, 42 N. E. 186, 49 Am. St Rep. 683. The term mineral lands, as used in the statutes relating to the public domain, embraces coal lands; Mullan v. U. S., 118 U. S. 271, 6 Sup. Ct 1041, 30 L. Ed. 170; granite; Northern P. Ry. Co. v. Soderberg, 188 U. S. 526, 23 Sup. Ct. 365, 47 L. Ed. 575; and mineral deposits are not only metals proper, but also salt, coal, and the like; Hartwell v. Camman, 10 N. J. Eq. 128, 64 Am. Dec. 448. Minerals severed from the earth by artificial means are personal property and dealt with by tbe law as such; Barr. & Ad. Mines 6; being taxable as personalty; Forbes V. (Jracey, 94 U. S. 762, 24 L. Ed. 313; the subject of larceny; People v. Williams, 35 Cal. 671; Com. v. Stelmling, 156 Pa. 400, 27 Atl. 297; or recoverable in trover; Lyon v. Gormley, 53 Pa. 261; or replevin; Green v. Iron Co., 62 Pa. 97. This is not the case, however, where the severence results from natural causes or incidentally from excavation; id.; hence a nugget of gold found upon loose rocks was held to savor of the realty and was not the subject of larceny; State V. Burt, 64 N. 0. 619. See Mines and Muring.

Whatever is mined; in a large form, or have formed, part of the solid ai'e now destitute of life and incapable animal or vegetable, — including petroleum.