KFLCC Kingdom Law 2nd Ed.

780

MINISTER

MINERAL

now form or which once formed a part of the solid body of the earth, both external and in ternal, and which are now destitute of or in capable 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. Co. v. Soderberg, 104 Fed. 425, 43 C. C. A. 620; Murray v. Allred, 100 Tenn. 100, 43 S. W. 355, 39 L. R. A. 249, 66 Am St. Rep. 740; Gibson v. Tyson, 5 Watts (Pa.) 38; Henry v. Lowe, 73 Mo. 99; West moreland, etc., Gas Co. v. De Witt, 130 Pa. 235, 18 Atl. 724, 5 L. R. 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. Relating to minerals or the process and business of mining; bearing or producing valuable minerals. —Mineral district. 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. Sniith (C. a ) 11 Fed. 490.— Mineral lands. See LAND. —Mineral land entry. See ENTRY. MINERATOR. In old records. A miner. Minima poena corporalis est major gnalibet pecnniaria. The smallest corpo ral punishment is greater than any pecuni ary one. 2 Inst 220. Minime mntanda snnt quae certam habuernnt 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. MINIMENT. An old form of muniment, (q. v.) Blount The process or business of ex tracting from the earth the precious or valu able 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," al though coal and salt are "mined;" nor does it include sinking wells or shafts for petro leum or natural gas, unless expressly so de clared 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. E. 425. —Mining claim. A parcel of land, containing precious metal in its soil or rock, and appro priated by an individual, according to establish ed rules, by the process of "location." S t MINERAL, adj. Minimum est nihilo proximum. The smallest is next to nothing. MINING.

Louis Smelting & 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.— Min ing companies. This designation was former ly applied in England to the associations form ed 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 as sociations or corporations. Rapalje & Lawrence. —Mining district. A section of country usu ally designated by name and described or un derstood as being confined within certain nat ural 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 the 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 work ed 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 distinguish ed from a license) conveys to the lessee an in terest or estate in the land, and (as distinguish ed 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 v. 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, accord ing to certain established rules and local cus toms, 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 con stitutes 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 oc cupied and appropriated. See Poire v. Wells, 6 Colo. 412; St. Louis Smelting & 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; Walrath v. Champion Min. Co. (C. C.) 63 Fed. 556.— Mining partner ship. 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, but 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 part nership. Kahn v. Central Smelting Co., 102 U. S. 645, 26 L. Ed. 266; Higgins v. Arm 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. 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 "cabinet minister," "secretary of state," or "secretary of a department" In international law. An officer ap pointed by the government of one nation as a mediator or arbitrator between two other nations who are engaged in a controversy, MINISTER. In public law.