A Manual of American Mining Law
A Manual of American Mining Law
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In our eReader you can find the full English version of the book. Read A Manual of American Mining Law Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Manual of American Mining Law
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6. C. C. P. 338-4.
85. Trespass. In cases of trespass upon a min- ing, timber, or like claim an injunction will be granted to restrain the commission of acts by which the sub- stance of the estate is injured, destroyed or carried away. 1 2. IGNORANCE OF BOUNDARY. The fact that the trespass is due to ignorance of the dividing line be- tween two claims is no excuse or justification 2 as one is bound to know the boundaries of his own property and to refrain from injuring the property of others. 3 ...3. TEST OF TRESPASS. A trespass may be due to mistake 4 or be intentional. 5 The test which deter- mines whether one was a wilful or an innocent tres- passer is not his violation of or compliance with the law, but his honest belief at the time he committed the injury. 6 4. INJUNCTIONAL PROCEEDINGS. The courts are more liberal in granting a writ of injunction in mining cases than in those affecting other real estate, 7 be- cause of the necessity of preventing injury which can not be accurately estimated and therefore cannot be 126 REMEDIES.
What to read after A Manual of American Mining Law?
You can find similar books in the "Read Also" column, or choose other free books by A H Alfred Herbert Ricketts to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
6. C. C. P. 338-4.
85. Trespass. In cases of trespass upon a min- ing, timber, or like claim an injunction will be granted to restrain the commission of acts by which the sub- stance of the estate is injured, destroyed or carried away. 1 2. IGNORANCE OF BOUNDARY. The fact that the trespass is due to ignorance of the dividing line be- tween two claims is no excuse or justification 2 as one is bound to know the boundaries of his own property and to refrain from injuring the property of others. 3 ...3. TEST OF TRESPASS. A trespass may be due to mistake 4 or be intentional. 5 The test which deter- mines whether one was a wilful or an innocent tres- passer is not his violation of or compliance with the law, but his honest belief at the time he committed the injury. 6 4. INJUNCTIONAL PROCEEDINGS. The courts are more liberal in granting a writ of injunction in mining cases than in those affecting other real estate, 7 be- cause of the necessity of preventing injury which can not be accurately estimated and therefore cannot be 126 REMEDIES.
What to read after A Manual of American Mining Law?
You can find similar books in the "Read Also" column, or choose other free books by A H Alfred Herbert Ricketts to read onlineMoreLess
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