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MICHIGAN.

Property in gold

served from sale.

leasing systenx

The property in all mines of gold and silver and all mines of other metals or minerals which are known to contain gold and silver in any proportion was vested in the people of the state of Michigan by a statute of 1846, but this and silver mines. right is not enforceable against any citizen of the state in whom the fee of the soil containing any such minerals is fully vested by purchase from or under the state or general government. All primary school lands and lands located by the state for internal improvement purposes, known to contain mines or minerals, were by the same act reserved from sale pending such regulations as the legislature might prescribe, and a tax of four per cent. in Mining lands relieu of all other state taxes was authorised to be imposed and collected upon the product of all mines in the state excepting iron ores, the tax upon which was limited to two per cent. By a subsequent act of the same year the state land office was authorised to lease the lands reserved as above in quantities not less than 40 acres, for a period not exceeding three years, but before they Trial of the could be leased upon private application they had first to be exposed to lease at public auction to the highest bidder. The lands so leased were subject to a rate of not less than four per cent. upon the average yield and value of all minerals taken from the lands, and such further annual rent in advance as the commissioner was able to obtain for them; but the lands leased under those provisions were not subject to any other taxes. By an act of 1863 all swamp and primary school lands in the upper peninsula withheld from market as mineral lands, except such sections as the governor may select and reserve, are open for sale in the same manner as other lands of the same class in the The law changed state. But before these lands are offered for sale the governor may cause an in fee simple. examination to be made of them by agents appointed for the purpose, whose duty it is to appraise each tract, and upon receiving their report the governor and state treasurer fix a minimum price at which each tract may be sold, whereupon the commissioner of the land office offers the land at public sale. Every corporation or association engaged in mining is required to pay a tax of seventy-five cents on each ton of copper and one cent on each ton of iron ore annually in lieu of all other state taxes except taxes on capital stock. An Taxation. act of 1877 provides for the appointment of a commissioner of mineral statistics for the state, whose duty it is to make an annual report setting forth in detail the mineral statistics of the year, and the progress and development of its mining industries. It is also his duty to make such geological surveys as are needed for carrying out the purposes of the act, to observe and record by maps and plans especial facts which may be developed in the course of mining and exploration, and to make a collection of typical suites of specimens to be placed at the disposal of the state board of education for distribution among the educational institutions of the state. All corporations or individuals engaged in mining are required to make such reports under oath as to product and other matters as the commissioner may ask for, and it is his duty to report such information for each corporation or individual to the auditor-general as the basis for computing the specific taxes against each owner or owners of a mining property.

to sales of lands

Mini ng

statistics

MONTANA.

In Montana the person who discovers a mining claim on a vein or lode is Claim to be filed required within twenty days to make and file in the office of the recorder of

and recorded.

Minerals reserved.

Minerals reserved.

Discoverers' exemption.

Consent to enter private land is necessary

the county a written statement on oath describing the claim as provided by the laws of the United States; and to entitle him to so record he must have discovered a vein or crevice of quartz or ore with at least one well-defined wall. The extent of a claim is the same as is provided in the United States law.

NEVADA.

In Nevada all timber and mountainous lands granted by the United States to the state are sold with a reservation of the minerals; and whenever any minerals may be discovered on such lands after they have been sold and patented the state has the right to convey mining claims thereon in the same manner and of the same amount in any one claim as is the law and practice of the United States; and the right of way over such timber and grazing lands, being reserved, is granted to the purchaser of any mining claim.

NEW YORK.

In New York all mines of gold and silver, all mines of other metals discovered upon lands owned by aliens and all mines owned by citizens the ore of which upon an average contains less than two equal third parts in value of copper, tin, iron and lead or any of those metals, are the property of the people of the state in their right of sovereignty; as also are all mines and minerals discovered on the public lands. All mines other than of gold and silver discovered on any lands owned by a citizen the ore of which contains on an average two equal third parts or more in value of copper, tin, iron and lead, or any of those metals, belong to the owner of the land. Every person making a discovery of a mine of gold or silver in the state is exempted from paying to the state any part of the ore, produce or profit of the mine for twenty-one years, but no person discovering such a mine is permitted to work it until he gives notice to the secretary of the state describing particularly the nature and situation of the mine; and after the expiration of the term of twenty-one years the discoverer or his legal representatives shall be preferred in any contract for the working of the mine. No person can enter on or break up the land of any other person without his consent in writing, nor upon any public land without the consent of the commissioner of the land office; but in case a person discovers a mine and forms a corporation to work it, if consent cannot be obtained by agreement, or by reason of legal disability of the owner of the land, proceedings may be taken by the company in the supreme court of the state, when the court may appoint three comissioners to enquire into the matter, fix the damages and report to the court all information in the matter as directed, when in the discretion of the court an order may be made either denying the petition or granting it— in the latter case determining the quantity of land necessary for working the mine, the damages to the property by taking possession of it, and the annual rent or compensation to be paid to the owner or occupant so long as the use of it may continue. Thereupon the company in whose favor the order is made, upon payment of damages and entering into an agreement, to

be approved by the court, to pay the annual rent, have the right to enter upon and use the land set apart by the order, so long as they or their assignees work the mine and pay the annual compensation. But the New York statute is practically a dead letter, as no such mines as those referred to exist in the state.

OREGON.

In Oregon any person or company of persons establishing a claim on a quartz lead for the purpose of mining it are allowed to hold the land or vein, Size of claim, with all its dips, spurs and angles, for the distance of 1,500 feet in length and 300 feet in width on each side of the lead or vein. Any person may hold one claim by location upon each lead or vein, and as many by purchase

allowed to a

as the local laws of the miners in the district where the claims are located Second_claim may allow; and the discoverer of a new lead or vein not previously located discoverer. upon may be allowed one additional claim for his discovery. Every person after establishing a claim or claims is required to do $50 of work on every claim each year, under penalty of forfeiture.

SOUTH CAROLINA.

In South Carolina royalty is collected by the agricultural bureau of the state, authorised by the state law, from persons or companies who mine or Royalty on phosphate. dredge phosphate under any law, license or charter of the state, estimated upon the crude rock; such royalty to be not less than $1 per ton, nor greater than 25 per cent. of the market value of the crude phosphate.

UTAH.

In Utah any citizen of the United States, or any person who has declared his intention to become a citizen, who discovers any mineral deposit is Right of disentitled to one claim thereon by right of discovery, and one by right of covery. location; but no person is entitled to more than one claim by right of location on any one lead or lode; and any person who performs any work or labor on a mine, or furnishes material therefor, under contract with the Miner's lien. owner, is entitled to a miner's lien upon all interest, right and property in

the mine.

WISCONSIN.

served.

right.

In Wisconsin certificates of sale of public lands do not bestow the right to take the minerals; the written consent of the commissioner of public Minerals relands must be obtained. A license or lease made to a miner is not revocable by the maker after a valuable discovery has been struck unless the miner should forfeit his right by negligence such as establishes a forfeiture according to mining usages. The discovery of a crevice or range containing ores Leaseholder's entitles the discoverer to the ores, subject to the rent due his landlord, before as well as after the ores are separated from the freehold; but the miner is not entitled to recover any ores from the person digging on his range in good faith, and known to be mining thereon, until he has given notice of his claim. In case of conflicting claims to a crevice or range bearing ores the court may Conflicting continue any action to enforce a claim, or grant any necessary time for the purpose of allowing parties to prove up their mines, and may appoint a receiver under whose directions the work may be carried on and pay the rent or other necessary expenses; and the usages or customs among miners may

claims.

Forfeiture.

Water rights.

Smelters and

dealers are required to keep

record books.

Size of claim.

Claim to be recorded.

be proved in explanation of mining contracts to the same extent as usage may be proved in other branches of business. A miner who conceals or disposes of any ores for the purpose of defrauding his lessor of his rent, or who neglects to pay rent on ores raised by him for three days after claim is made, thereby forfeits all right to his mines or range; and in case he neglects to work his mines according to the usages of miners without reasonable excuse, he also forfeits his mines. Every person or corporation engaged in mining may, when necessary, convey water over or through the land of any adjoining owner, and, in case of failure to agree upon the damages for right to so conduct the water, commissioners may be appointed to appraise the amount, but with right of appeal to the circuit court by either of the parties. Every smelter and purchaser of ores and minerals is required to enter in a book as ores or minerals are received a record showing date of receipt, name of person from whom purchased, name of person by whom hauled and delivered, name of owner of the land from whom the ore was obtained, or, if not known, some distinct description of the land, and such book must be open to all persons at reasonable times for inspection and taking extracts; and for failure to keep such a book or make such entries, or for making false entries, or refusal of permission to inspect the book or take extracts from it, the person offending is liable to a penalty of $10 for each offence, and each day of such failure or refusal is to be deemed a distinct and separate offence.

WYOMING.

In Wyoming the area of a claim is limited to 1,500 feet along the lode or vein and 300 feet on each side of it, measured from the centre of the discovery shaft. The discoverer of a lode is required to record his claim in the office of the recorder of deeds of the county in which the claim is situated within three months from the date of discovery; but before filing a location certificate he is required to designate the location by sinking a shaft upon Discovery shaft. the lode or fissure to a depth of ten feet, to post a notice of discovery upon the claim, and to make and mark the surface boundaries; and he is allowed a period of ninety days from the date of discovering the vein in which to sink a shaft thereon. Any person who defrauds, cheats or swindles another party by "salting" or placing in a mine any genuine metals which are designed to cheat and deceive others for the purpose of gain, whereby others are deceived and injured, is guilty of a felony and liable to a penalty of $50 to $5,000, or imprisonment for not less than thirty days nor more than three years, or to fine and imprisonment in the discretion of the court. The lien laws of Wyoming are similar to those of Utah.

"Salting" is made a felony.

real estate.

In most of the states aliens are privileged to hold land in the same Right of holding manner and to the same extent as citizens, and in most of the states also the amount of real estate which corporations may hold is only limited by the restriction of the general phrase, 66 as much as may be necessary for the carrying on of their business." Michigan allows no corporation to hold more than 50,000 acres. Maryland restricts the amount to 1,000 acres in one specified county and 500 acres in all other counties. In West Virginia companies established to mine and manufacture lead, iron or copper ore may hold 10,000 acres for each charcoal blast furnace and 3,000 acres for every

other furnace. Massachusetts places the limit at three-fourths of the capital stock in value.

Where the capital stock of mining corporations is taxed reports are required, but in many states fuller details are required for the benefit of Reports. shareholders and the public. In Connecticut and Massachusetts a company failing to make an annual report for two consecutive years becomes thereby dissolved. In New Hampshire a full report must be made to the town clerk and filed with the secretary of the state, and neglect to make such a statement involves the directors in responsibility for all debts. In New York an annual report of business affairs must be published in a newspaper and filed with the clerk of the county court, failure to do which renders the trustees liable for all debts contracted before it is made. In Michigan the corporations must when called upon by the commissioner of mineral statistics report the number of gross tons of copper and iron mined and shipped, of mineral coal produced and of pig iron manufactured, together with statistics of production of all other minerals or ores.

the health and

Laws to regulate the working of mines and provide for the health and safety of miners have been enacted in almost all the states in which mining Regulations for operations are carried on; and in a few states, as Illinois, Indiana, Ohio, safety of miners Pennsylvania and West Virginia, their requirements are very comprehensive.

GREAT BRITAIN AND IRELAND.

reserved.

ownership,

In England the owner of a freehold is ordinarily entitled to all the minerals underground, except gold and silver; but under statute law the Gold and silver ownership of minerals may be severed from that of the surface.* Mines of gold and silver belong to the crown, but gold and silver extracted from ores of the base metals are not so claimed. A statute of 1688 provided that no mine of copper, tin, iron or lead in England and Wales should thereafter Right of private be adjudged or taken to be a royal mine, although gold or silver might be taken out of it; and by an amending act of 1694 the right of private ownership was further enlarged and safeguarded. "All and every person or persons, being subjects of the crown of England, bodies politic or corporate, that now are or hereafter shall be owner or owners, proprietor or proprietors of any mine or mines shall and may hold and enjoy the said mine or mines and ore, and continue in the possession thereof, and dig and work the said mine or mines or ore, notwithstanding that such mine or mines or ore shall be pretended or claimed to be a royal mine or mines; any law, usage or custom to the contrary notwithstanding." But the same act gave the sovereign a pre-emptive claim on all ores mined (except tin in the counties of Pre-emptive Devon and Cornwall) for a period of thirty days after they have been raised, given to the at prices fixed in the act,† and in default of payment of such prices "it shall and may be lawful for the owners and proprietors of the said mine or mines

.

*By section 19 of the act of 1877, amending the law relating to leases and sales of settled estates, it is provided that "On any sale of land any earth, coal, stone or mineral may be excepted, and any rights or privileges may be reserved, and the purchaser may be required to enter into any covenants or submit to any restrictions which the court may deem advisable." + For all ore washed, made clean and merchantable the following rates were fixed: Copper, £16 per ton; tin, 40s. per ton; iron, 40s. per ton; and lead, £9 per ton; but by an act of 1815 the pre-emption price of lead was made £25 per ton, owing to the increased cost of mining the ore.

claim on ores

sovereign.

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