MINING PARTNERSHIP

mining partnership.An association of persons to jointly share a mining business, including the profits, expenses, and losses. • The partnership has features of both a tenancy in common and an ordinary commercial partnership. [Cases: Mines and Minerals 96. C.J.S. Mines and Minerals § 387.]

“It has generally been held that the law governing ordinary commercial or trading partnerships applies, with a few exceptions, to mining partnerships. The principal exception and the main distinction between mining partnerships and commercial partnerships generally is based on the fact that the principle of delectus personae, meaning the right of a partner to exercise choice and preference as to the admission of any new members to the firm, and as to the persons to be so admitted, does not apply to mining partnerships ….” 58 C.J.S. Mines and Minerals §§ 387, at 380 (1998).

[Blacks Law 8th]