KFLCC Kingdom Law 2nd Ed.

779

MINERAL

MILL

MINARE.

In old records. To mine or

stream for the purpose of operating the mill, with due regard to the rights of other owners above and below him on the stream. Gould v. Boston Duck Co., 13 Gray (Mass.) 452; Hutch inson v. Chase, 39 Me. 511, 63 Am. Dec. 645 T Moore v. Fletcher, 16 Me. 65, 33 Am. Dec. 633; Whitney v. Wheeler Cotton Mills, 151 Mass. 396, 24 N. E. 774, 7 L R. A. 613.— Mill site. In general, a parcel of land on or contiguous to a water-course, suitable for the erection and operation of a mill operated by the power fur nished by the stream. See Occum Co. v. Sprague Mfg. Co., 35 Conn. 512; Hasbrouct y. Vermilyea, 6 Cow. (N. Y.) 681; Mandeville v. Comstock, 9 Mich. 537. Specifically, in Amer ican mining law, a parcel of land constituting a portion of the public domain, located and claimed by the owner of a mining claim under the laws of the United States (or purchased by him from the government and patented,) not exceeding five acres in extent, not including any mineral land, not contiguous to the vein or lode, and occupied and used for the purpose of a mill or for other uses directly connected with the operation of the mine; or a similar parcel of land located and actually used for the pur pose of a mill or reduction plant, but not by the owner of an existing mine nor in connec tion with any particular mining claim. See U. S. Rev. St. § 2337 (U. S. Comp. St. 1901, p. 1436.) 2. An American money of account, of the value of the tenth part of a cent Formerly called the "Penitentiary at Millbank." A prison at Westminster, for convicts under sentence of transportation, until the sentence or order shall be executed, or the convict be entitled to freedom, or be removed to some other place of confinement. This prison is placed under the inspectors of prisons appointed by the secretary of state, who are a body corporate, "The Inspectors of the Millbank Prison." The inspectors make regulations for the government thereof, subject to the approbation of the secretary of state, and yearly reports to him, to be laid before par liament. The secretary also appoints a gov ernor, chaplain, medical officer, matron, etc. Wharton. A trench to convey water to or from a mill. St. 7 Jac. I. c. 19. This term means merely coined money; and it is not necessary that it should be marked or rolled on the edges. Leach, 708. The name of a piece of money in the coinage of Portugal, and the Azores and Madeira islands. Its value at the custom-house, according as it is coined in the first, second, or third of the places named, is $1.12, or 83% cents, or $1. MILLBANK PRISON. MILLEATE, or MILL-LEAT. MULED MONET. MIL-REIS.

dig mines. Minator,

a miner. Cowell.

MINATOB CARUCiE.

A

plowman.

Cowell.

Minatur innocentibus qui parcit no centibus. 4 Coke, 45. He threatens the in nocent who spares the guilty. In its legal sense, "mind" means only the ability to will, to direct, to permit, or to assent In this sense, a corporation has a mind, and exerts its mind each time that it assents to the terms of a contract McDermott v. Evening Journal Ass'n, 43 N. J. Law, 492, 39 Am. Rep. 606. —Mind, and memory. A phrase applied to testators, denoting the possession of mental ca pacity to make a will. In order to make a valid will, the testator must have a sound and dis posing mind and memory. In other words, he ought to be capable of making his will, with an understanding of the nature of the business in which he is engaged, a recollection of the prop- v erty he means to dispose of, of the persons who are the objects of his bounty, and the manner in which it is to be distributed between them. Harrison v. Rowan, 3 Wash. C. C. 585, Fed. Cas. No. 6,141. A pit or excavation in the earth, from which metallic ores or other mineral substances are. taken by digging. Webster; Marvel v. Merritt 116 U. S. 11, 6 Sup. Ct 207, 29 L. Ed. 550; Murray v. Allred, 100 Tenn. 100, 43 S. W. 355, 39 L. R. A. 249, 66 Am. St Rep. 740. MINER. One who mines; a digger for metals and other minerals. While men of scientific attainments, or of experience in the use of machinery, are to be found in this class, yet the word by which the class is designated imports neither learning nor skill. Watson v. Lederer, 11 Colo. 577, 19 Pac. 604, 1 L. R. A. 854, 7 Am. St Rep. 263. .—Miner's inch. See INCH. ft. 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 & Adams, Mines, p. lxxvi. Any natural constituent of the crust of the earth, inorganic or fossil, homogeneous in struc ture, 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 anything may be dug, such as beds of 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 commer cial value. Williams v. South Penn Oil Co., 52 W. Va. 181, 43 S. E. 214, 60 L. R. A. 795. But, in its widest sense, "minerals" may be described as comprising all the substances which MIND. MINE. MINERAL,

MINA.

In old English law. A measure

of corn or grain. Cowell; Spelman.

MINAGE.

A toll or duty paid for sell

ing corn by the mina. Cowell.