MINERALS. All fossil bodies or matters dug out of mines or quarries, whence any thing may be dug ; such as beds of stone which may be quarried. 14 M. & W. 859, construing 55 Geo. III. c. 18 ; Broom, Leg. Max. 175.* Any natural production, formed by the action of chemical affinities, and organized when becoming solid by the powers of crys tallization. Webster, Diet. But see Gibson v. Tyson, 5 Watts (Pa.) 34; 1 Crabb, R. P. 95 ; The term mineral has been defined as "every substance which can be got .from un derneath the surface of the earth, for the purpose of profit." L. R. 7 Ch. App. 699 ; and in another case it is said that the word does not include anything except that which is part of the natural soil; 33 Ch. D. 566. It has been held to include coal ; Henry v. Lowe, 73 Mo. 96; paint-stone; Hartwell v. Camman, 10 N. J. Eq. 128, 136, 64 Am. Dec. 448; free-stone ; L. R. 1 Ch. 303 ; and petrole um ; Appeal of Stoughton, 88 Pa. 198 ; G111 v. Weston, 110 Pa. 313, 1 Atl. 921; stone for road making or paving ; L. R. 4 Eq. 19 ; brick clay ; L. R. 20 Ch. Div. 552 ; china clay, and every substance which may be ob tained from underneath the surface of the earth for the purpose of profit ; L. R. 7 Ch. 699 ; sandstone ; 2 Drew. & S. 395; flint stone ; L. R. 8 App. Cas. 508 ; chromate of iron ; Gibson v. Tyson, 50 Watts (Pa.) 34; natural gas ; Westmoreland & Cambria Nat ural Gas Co. v. De Witt, 130 Pa. 235, 18 Atl.
724, 5 L. R. A. 731.
See Ou..
The words minerals and ores have been held to include only minerals obtained by underground working ; Armstrong v.. Granite Co., 147 N. Y. 495, 42 N. E. 186, 49 Am. St. Rep. 683.
The term mineral lands, as used in the statutes relating to the- public domain, em braces coal lands ; Mullan v. U. S., 118 U. S. 271, 6 Sup. Ct. 1041, 30 L. Ed. 170; gran ite ; Northern P. Ry. Co. v. Soderberg, 188 U. S. 526, 23 Sup. Ct. 365, 47 L. Ed. 575; and mineral deposits are not only metals proper, but also salt, coal, and the like ; Hartwell v. Camman, 10 N. J. Eq. 128, 64 Am. Dec. 448.
Minerals severed from the earth by arti ficial means are personal property and dealt with by the law as such ; Barr. & Ad. Mines 5 ; being taxable as personalty ; Forbes v. Gracey, 94 U. S. 762, 24 L. Ed. 313 ; the subject of larceny ; People v. Williams,. 35 Cal. 671; Corn. v. Steimling, 156 Pa. 400, 27 Atl. 297 ; or recoverable in trover ; Lyon v. Gormley, 53 Pa. 261; or replevin ; Green v. Iron Co., 62 Pa. 97. This is not the case, however, where the reverence results from natural causes or incidentally from excava tion ; id.; hence a nugget of gold found upon loose rocks was held to savor of the realty and was not the subject of larceny ; State v. Burt, 64 N. C. 619. See MINES AND MIN IND.