MINE. An excavation in the earth for the puipose of obtaining minerals.
2. Mines may be either by excavating a portion of the surface, as is common in some classes of gold-mines, or almost entirely be neath the surface.
Mines of gold, silver, and the precious metals belong to the sovereign, 1 Plowd. 310; 3 Kent, Comm. 378, n.; but are held by him concurrently with tbe ownership of the soil, and pass by a grant of the land without ex ception or reservation. 14 Cal. 375 ; 17 id. 199 ; 2 Washburn, Real Prop. 626. In New York and Pennsylvania the state's right toi sovereign is asserted. See 1 Kent, Comm. 378, n.
Mines of other minerals belong to the owner of the soil, and pass by a grant thereof, unless separated, 1 N. Y. 564 ; 19 Pick. Mass. 314 ; but the owner may convey his mines by a separate and distinct grant so as to create one freehold in the soil and another in the mines. 1 Penn. 726 ; 7 Cush. Mass. 361 ; 8 id. 21 ; 5 Mees. & W. Exch. 50.
3. In case of a separate ownership, the owner of the mine must support the superin cumbent soil, 12 Q. B. 739 ; 5 Mees. & W. Exch. 60 ; 12 Exch. 259 ; and ancient build ings or other erections. 2 Hurlst. & N. Exch. 828.
Opening new mines by a tenant is waste, unless the demise includes them, Coke, Litt.
53 b ; 2 Blackstone, Caroni. 282 ; I Taunt. 410 ; Hob. 234 ; but if the mines be already open it is not waste to work them even to ex haustion. 1 Taunt. 410; 19 Penn. St. 324; 6 Munf. Va. 134 ; 1 Rand. Va. 258; 10 Pick. Mass. 460.; 1 Cow. N. Y. 460. See Smith, Land!. & Ten. Morris ed. 192,193, n. A mort gagee has been allowed for large sums expend ed in working a mine which he had a right to work, 39 Eng. L. & Eq. 130 ; but in another case, expenses incurred in opening a mine were disallowed. 16 Sim. Ch. 445.
4. In California, the occupant of public lands, who holds them for agricultural pur poses merely, holds theni subject to the right of any person to dig for gold, 5 Cal. 36, 97; but the miner must take them as he finds them, subject to prior rights of the same character. 5 Cal. 140, 308 ; 6 id. 148.
An injunction lies for interference with mines. 6 Ves. Ch. 147. See 17 Ves. Ch. 281; 18 id. 515 ; 19 id. 159 ; 1 Swanst. Ch. 208.
See Bainbridge, Collier, on Mines • 1 Kent, Comm.; Washburn, Real Prop.; 'Washburn, Easements ; Tudor, Lead. Cas.