Yew v. Choate

Citations

• 24 Cal. 562

Syllabus

<p>Mining Licenses — Private Lands. — That portion of the Revenue Act of 1861 which provides for the collection of licenses from foreign miners does not refer to mines contained in lands which are the private property of individuals, but only to mines in the public lands of the State or the United States.</p> <p>Query ?—What are mineral lands within the meaning of the eighth section of the Act of April 16th, 1859, to provide for the issue of patents for school lands located with State school land warrants ?</p> <p>Patent for School Lands—Effect of.—Where land is located under a State school land warrant, and a patent is issed after all the proceedings required by law have been taken, the patent is the record of the judgment of the State, by its officers duly appointed for that purpose, that the land embraced within the patent is not mineral land within the meaning of said section eight.</p> <p>Patent of Land containing Gold.—The fact alone that sufficient gold has been found upon land conveyed by such patent to induce the patentee to mine for that metal, and to extract from twenty-five to thirty dollars per day, with seven or eight hands, is not sufficient to destroy the verity of such record and make the land mineral land within the meaning of said section eight.</p>