ROYALTY

A payment reserved by the grantor of a patent, lease of a mine, or similar right, and payable proportionately to the use made of the right by the grantee. Royalty also sometimes means a payment which is made to an author or composer by an assignee or licensee in respect of each copy of his work which is sold, or to an inventor in respect of each article sold under the pat- ent. Sweet.

See Statutes in various States declare that a patent passes the entire interest of the State." Mining claim. A parcel of land containing precious metal in its soil or rock; also, one's right of property in such land. Mineral locations, made prior to the passage of any mineral law by Congress, have always been governed by the local rules and customs in force at the time of the location.8 The location of a mining claim is the act of appropriating such parcel according to certain established rules. It usually consists in placing on the ground, in a conspicuous position, a notice setting forth the name of the locator, the fact that it is thus taken or located, with the requisite description of the extent and boundaries of the parcel, according to the local customs or, since the statute of 1872, according to the provisions of that act. The location, which is the act of taking the parcel of mineral land, in time becomes, among the miners, synonymous with the mining claim originally appropriated. One claim may include several or many locations. the prescribed time. The paramount title remains in the United States; the locator acquires the exclusive right of possession. A relocation may be made only when the rights of the former locator have ended.¹ Known mine. Within the meaning of the mining laws, no lands are "known mines" unless at the time that the rights of a purchaser accrued there was upon the ground an actual and opened mine, which had been worked, or which was capable of being worked.2 If a lode or vein of gold or silver is "known to ex ist" within a placer claim when the patent is applied for, the patentee cannot recover its possession, even as against an intruder. Having no title to such lode or vein by reason of its exception from his patent under Rev. St. § 2333, he cannot enforce any legal right to it, being bound to rely upon the strength of his own title, not upon the weakness of his adversary's. The statute speaks of acquiring a patent with knowledge of the existence of a vein or lode within the boundaries of the claim; not of the effect of the intent of the party to acquire a lode which may or may not exist, of which he has no knowledge. Nor does it render belief, after examination, in the existence of a lode, knowledge of the fact. There may be difficulty in determining whether such knowledge in a given case was had; but between mere belief and knowledge there is a wide difference. Questions as to what kind of evidence is sufficient to prove the required knowledge should be settled as they arise. Mining partnership. A distinct association, with different rights and liabilities attaching to its members, from an ordinary trading partnership. 1 McCammon v. Cunningham, 108 Ind. 547 (1886). 2 Allore v. Jewell, 94 U. S. 511-12 (1876), Field, J. 1 Belk v. Meagher, 104 U. S. 284, 281-88 (1881), Waite, 3 L. L. minare, to lead; hence, to follow a vein, to C. J.; Forbes v. Gracey, 94 id. 762 (1876); R. S. § 2319; excavate. Whence mineral. Erhardt v. Boaro, 113 U. S. 535 (1885). See generally 4 Bell v. Wilson. L. R., 1 Ch. Ap. *309 (1866), Turner, Steel v. Smelting Co., 106 id. 449, 457 (1882); Jackson v. L. J., quoting Ency. Metrop. Westmoreland Coal Co.'s Appeal, 85 Pa. 346 (1877). id. 350 (1884). 1 Bl. Com. 294. 73 Kent, 378, n; 17 Cal. 199. As to the United States, see 107 U. S. 526; 108 id. 510; 2 Black, 17; 3 Wall. 304. 8 Glacier Mining Co. v. Willis, 127 U. S. 482 (1888). Smelting Company v. Kemp, 104 U. S. 649 (1881), Field, J.; R. S. § 2324. Roby, 109 id. 441 (1883); Chambers v. Harrington, 111 2 Colorado Coal & Iron Co. v. United States, 123 V. S. 325 (1887), cases, Matthews, J. Iron Silver Mining Co. v. Reynolds, 124 U. S. 383 (1888), Field, J.; Noyes v. Mantle, 127 id. 353 (1888). As to mining on public lands, see 26 Cent. Law J. 854-68 (1889), cases. A prerogative or superiority of the king; also, the amount due to the lessor of a mine. See MINES. In modern usage, a sum paid by one who uses the patent of another, at a certain rate for each article manufactured ; 5 also, the sum paid per volume by a publisher who prints and sells a book which another has composed and copyrighted.

The state of being royal; the condition or quality of a royal person; kingship; kingly office; sovereignty. Royalty by birth was the sweetest way of majesty. Holyday. The person of a king or sovereign; majesty; as, in the presence of royalty. For thus his royalty doth speak. Shak. An emblem of royalty; -- usually in the plural, meaning regalia. [Obs.] Wherefore do I assume These royalties, and not refuse to reign Milton. Kingliness; spirit of regal authority. In his royalty of nature Reigns that which would be fear'd. Shak. Domain; province; sphere. Sir W. Scott. That which is due to a sovereign, as a seigniorage on gold and silver coined at the mint, metals taken from mines, etc.; the tax exacted in lieu of such share; imperiality. A share of the product or profit (as of a mine, forest, etc.), reserved by the owner for permitting another to use the property. Hence (Com.), a duty paid by a manufacturer to the owner of a patent or a copyright at a certain rate for each article manufactured; or, a percentage paid to the owner of an article by one who hires the use of it.

A surname.

The rank, status, power or authority of a monarch. | People of royal rank, plus their families, treated as a group. | A royal right or prerogative, such as the exploitation of a natural resource; the granting of such a right; payment received for such a right. | The payment received by an owner of real property for exploitation of mineral rights in the property. | Payment made to a writer, composer, inventor etc for the sale or use of intellectual property, invention etc. | To make more money from a book than it cost to run an advertising campaign for it; to make enough in royalties to cover the advance a book received. | Someone in a privileged position. | A king and a queen as a starting hand in Texas hold 'em. | The bounds of a royal burgh.