Local customs. How mining operations are controlled. Statistics. Inspection. wherein such ore is or shall be found to sell and dispose of the said ore to his and their own uses; any law, statute or custom to the contrary notwithstanding." And that act is still a law in England. Local customs, now regulated by acts of parliament, are observed in several districts, as in Derbyshire, the Forest of Dean, and the counties of Cornwall and Devon. The working of mines in the United Kingdom is controlled by five acts of parliament, the most important of which is the British Metalliferous Mines Regulation Act, 1872. Under this act no boy under twelve years of age and no girl or woman of any age can be employed in a mine below ground, and no boy of twelve to sixteen years of age can be employed below ground for more than fifty-four hours per week or more than ten hours in any one day; and no male of less than eighteen years of age can be employed in connection with the engines or other machinery of a mine; nor must wages be paid to any person employed in or about a mine at or within a public house for the sale of spirituous or fermented liquor, or at any place contiguous to such house. Other provisions of the act require that reports be furnished the inspector of a mining district in relation to (1) the quantity of mineral sold or produced from each mine and the number of persons employed at it, below and above ground respectively, for each calendar year; (2) accidents or loss of life to any person employed about a mine from explosions of gas, powder or steam boiler, or from any cause whatever; and (3) the commencement, abandonment, discontinuance or recommencement of work on a shaft of any mine, or of change in the name of owner, agent or officers. And in the case of a mine being abandoned or discontinued, the owner or other person interested in the property is required to securely fence it for the prevention of accidents, and to furnish the secretary of state with an accurate plan of the workings. The act also provides for inspection, arbitration and inquiries into the causes of accidents, rules for the management of mining works with a view to the safety and health of employés, and penalties for offences under the An amendment of 1875 requires the owner or agent of every mine to send to the inspector of the district by the 1st of February in each year a return specifying for the year ending the preceding 31st December the quantity in statute weight of the mineral dressed, of the undressed mineral which has been sold, treated or used during the year, the number of persons ordinarily employed, etc. act. NEW ZEALAND. The New Zealand mining act of 1886, as amended by the three amendLaws and regu- ing acts of 1887 and 1888, consists of 318 sections, and the regulations under the act number 257.* Following is a summary of the chief provisions of lations. the act : 1. Any portion of the colony may be constituted a mining district by proclamaMining districts. tion of the governor, with such boundaries as may be assigned to it, and any mining district may also be abolished by proclamation. * An act to regulate the granting of coal mines leases and to make better provision for the regulation and inspection of coal mines was passed in 1886, as was also an act to consolidate and amend the law for the incorporation and winding up of mining companies. The latter extends and applies only to companies formed for mining purposes other than mining for coal. 2. Any of the crown lands within or outside a mining district may be set apart for mining purposes exclusively by the minister of mines; and upon such reserve Mineral lands. being made in the neighborhood of any place where mining operations are carried on the lands cease to be crown lands and are not capable of alienation in any way, saving for mining purposes, without the consent of the minister. 3. The officers who, under the minister, manage the mining affairs of the Officers. colony are (1) a receiver of gold revenue, to whom is paid all rents, royalties and fees in his district; (2) a mining registrar to carry out the provisions of the act respecting the registration of any claim held under the provisions of the act, or any sale, lease, surrender, etc., of a claim; (3) one or more inspectors, whose duty it is to see that the provisions of the act are carried out and to visit and inspect mines and all machinery used therein. government for 4. All lands alienated from the crown since 1873, or which may hereafter be Lands may be alienated (except lands alienated expressly for mining purposes) are liable to be re-umed by the resumed by the government for mining purposes on payment of full compensation mining purposes. to the licensee, lessee or owner of the fee simple for the value, other than auriferous or argentiferous, of the lands and improvements so resumed, and the persons upon whose application the government has taken action have for thirty days after the resumption the priority of claim to occupy the land or any part of it for mining purposes. Or the lands may be resumed by direct action of the government without petition or application. be leased for 5. Crown lands in a mining district may be at any time withdrawn from the Lands in a mindistrict by proclamation and leased for agricultural purposes for a period of seven ing district may years, but if such lands are afterwards proven to contain any metal or mineral the agricultural purbe terminated at a month's notice, compensation for improvements being poses. lease may allowed. 6. Any person applying for it and paying five shillings in advance may obtain a miner's right authorising him for twelve months to mine on crown lands in any Miner's right. part of the colony not subject to agreement with the natives; and any number of miner's rights may be issued to the same person, entitling him to occupy a corresponding number of claims, provided that in respect of each claim at least one person is employed, who need not be the holder of the miner's right. Similarly a number of persons may unite and procure a consolidated miners' right, which may be held by a manager or trustee, upon payment of a sum proportional for all the members to that required of one member. miner's right. 7. Every holder of a miner's right is entitled to enter upon any crown land to Privileges consearch for gold and take possession for mining purposes of as many parcels of land ferred by a as the regulations permit, and of such quantity and dimensions as the regulations direct; and he is entitled to exclusive possession of the parcel as long as he requires it for mining purposes, and the claim may be registered. 8. Every claim from and after the day it has been marked out and registered Claims must be must be continuously worked from day to day by the number of men prescribed by worked. the regulations (saving that ten days grace is given to the owner of a quartz claim), and upon failure to comply with this requirement proceedings may be taken by any person to declare the claim forfeited. 9. Claims of greater area than the regulations fix may be granted by the warden, with the consent of the minister, for the purpose of carrying on mining Special claims. operations under circumstances of extraordinary difficulty, o involving the expenditure of considerable sums of money, or for the encouragement of enterprise in prospecting new ground, or as a reward for the discovery of new workings. ings. 10. The owner of a claim who desires to obtain a license for the land comprised Licensed hold in it, or any other person who desires to obtain a license for occupation of land under the act, must lodge an application at the warden's office, where it is recorded in the order in which it is received, and deposit with the receiver of revenue such sum for survey, etc., as the regulations require, and a further sum of £5 in respect of each application; and after deducting the first year's rent and the cost of survey, advertising and other expenses, the balance of the deposit is paid back. The warden will fix a day of hearing, and may grant or refuse a license. 11. The principal conditions upon which every license is held are (1) that the licensee must pay rent at the rate of 10s. per acre during the first three years of the term, of 15s. for the succeeding two years, and of 20s. for the remainder of the Conditions of term; (2) that he must carry on mining operations in an efficient manner and licenses. employ at least as many competent men as the regulations require; and (3) that he is lib'e to pay royalty on all other metals or minerals which may be found in the lind other than such as he is authorised to mine under the license. The licensee Right of a li censee. Prospecting licenses. Protection of private land owners. Other provisions. may at any time surrender his license in whole or part, and upon the surrender being endorsed by the warden the rental is proportionately reduced, but no licensee is entitled to make a surrender in part more than twice during the currency of his license. 12. Every license to work a gold mine gives the licensee exclusive right to dig and mine for gold and silver on the land for a time not exceeding twenty-one years, but no licensed holding under one license can exceed such area as may be prescribed. 13. The governor may issue a prospecting license to any person authorising him to search for any metal or mineral on crown lands outside the limits of any mining district and to the holder of such a license who makes a discovery outside a mining district, he may grant a lease of an area of land for mining purposes not exceeding double the quantity which might be held as a claim or licensed holding in the nearest mining district, but such lease cannot be for a longer term than twenty-one years. 14. Any person who knowingly mines or employs any person to mine for gold on land belonging to a private individual without the consent of the owner is treated as if he were not the holder of a miner's right, and may, in addition, be proceeded against by the owner for damages. Other provisions of the act relate to water rights and races, forfeitures, and the regulations of mines. The latter are very stringent, and appear to carefully guard the rights and interests of mine-workers. Ample provision is also made for the administration of justice by the constitution of a The act of 1887. warden's court in each mining district. The amendment act of 1887 provides that the warden may grant mineral licenses to occupy any crown lands within a mining district for the purpose of mining metals or minerals other than gold, silver and coal, subject to the following conditions: Area, rent and royalty. Regulations Size of claims. 1. The area comprised in a mineral license is not to exceed 320 acres, and the term for which it is granted must not exceed twenty-one years. 2. The rent is 2s. 6d. per acre, payable in advance. 3. The royalty on all minerals raised cannot be less than 2 or more than 4 per cent. of their value at the pit's mouth; but in case the amount of royalty exceeds the sum paid as rent, the rent charge ceases. 4. No mineral license entitles the holder to mine or dig for gold or silver, and if either of those metals or ore containing them is found within the area comprised in the license the land on which gold and silver are found must be taken up as a licensed holding under the act. Under the regulations the area of ground that may be held under any license for gold mining purposes cannot exceed thirty acres, and may be in any form providing the length does not exceed twice the breadth. The size of a quartz claim is limited to 100 feet in length along the course of the vein by 300 feet on each side of it, and under this rule no miner or party of miners can hold more than 1,000 feet along the course. A prospecting claim may be double an ordinary claim, but not more than six such claims may be held together as one claim. They must be at least half a mile distant from any previously existing quartz workings, and be fully occupied within seven days from the date of the grant. A prospecting area on a quartz reef may be 300 yards square in extent, and situated at a distance of not less than half a mile from any existing quartz workings, and the same distance from any other prospecting area; they must be worked continuously by at least two men during the entire period of occupancy; and the right to occupy only continues in force until gold is struck, when claims must be marked out under the regular provisions of the act. Other regulations provide for aid towards prospecting being granted by the council of any county and the government, or by a road board where the and discoverers. Counties act is not in force-the government granting pound for pound up to Government and municipal grants £500 a year in the case of county councils and to £200 in the case of road to prospectors boards. Under this arrangement one party of two or three men in each riding of a county may be subsidised at the rate of 15s. per week per man for prospecting new and unprospected country three miles from any main or district road and from any known workings; and in the case of partially worked and prospected country within tolerably easy access of road communication they may be paid at specified rates per foot for sinking, tunnelling and driving. But in both cases the approval of the council is required before operations are commenced, both as regards the men and the locality, and each prospecting party is required to send a report once every month to the council. Similarly the government grants a subsidy of pound for pound to councils or boards for the purpose of rewarding the discovery of mines of gold, silver, tin and diamonds; being a reward of £100 per 100 miners up to £500 for 500 or more men profitably employed at such mines. NEW SOUTH WALES. reserved by the crown. All grants of land issued under authority of the Crown Lands act of 1884 in New South Wales contain a reservation of minerals in the land; but if Minerals any mineral is discovered subsequent to the grant, and the owner desires to mine it, he may do so upon receiving a permit from the government, subject to the payment of a royalty. The regulations require that he shall make a return quarterly to the secretary of mines of the quantity and value of minerals raised, verified by a statutory declaration, and pay a royalty at the following rates, viz., coal 6d. per ton, gold 2s. per oz., and other minerals £5 per centum of their market value at the pit-mouth. Lands in proclaimed gold fields within areas reserved from sale and lands under lease or lawful occupa tion for mining purposes are exempt from sale under the act; but the Crowns Land act does not in any other respect affect the right of property held in lands under the Mining act. The Mining act has been in operation since 1874, saving in so far as it has been changed in some unimportant Mining act of particulars by four amending acts. Previously all powers and duties in relation to mining on crown lands were vested in the department of the secretary for lands, but the Mining act authorised the government to establish a department of mines and to appoint a responsible minister with the title of Secretary of Mines who should have the management and control of the department. The act consists of 131 sections, which deal with (1) management and regulation, (2) administration of justice and (3) penalties. Following is a summary of the chief provisions of the act: 1. The governor is authorised to establish in connection with the department 1874. a school of mines and a mineralogical museum for the purpose of providing instruc- School of Mines tion by means of classes, lectures or otherwise in geology, mineralogy and chemistry and Museum in their scientific and practical application to mining pursuits, together with offices for the assaying of mineral ores, the school and museum to be under the control and management of the department; or if thought fit they may be established in connection with the university of Sydney, in which case they are to be under the control and management of the senate of the university. 2. Eight mining districts are established, each of which may be divided by the Governor into divisions, and the governor may appoint a warden for each district to exercise jurisdiction over it, together with registrars, surveyors, engineers and other officers for the efficient performance of the duties of inspection, surveying and 19 (M.C.) Mining districts Miners' rights. Registration of claims. registration of claims and mines, and of all other duties in connection with mining and the administration of the act; but no officer so appointed is permitted to hold, directly or indirectly, any share or interest in any claim, lease or mining venture during his term of office. 3. The governor may issue a miner's right to any person applying for one for a period not exceeding fifteen years at the rate of 10s. a year for every year for which the right is to be in force, and every holder of a right (or any number of persons collectively each being the holder of a right) is entitled to occupy and mine for gold any crown land covered by his right, to construct water-races and dams for mining purposes on any crown lands and use the water for gold mining and domestic purposes, to erect and remove any building upon and remove any timber, stone or gravel for mining or building purposes from any crown lands not by law exempted from occupation for mining purposes, to make tramways and other roads for the carrying out of all gold mining operations, and to the absolute property in all gold found during the continuance of the right; but no person is entitled to occupy for the purpose of residence more than one-quarter of an acre in extent. The person who takes possession of a claim is required within one month after procuring a right of occupation to register his claim in the office of the registrar of the mining district in which the claim is situated, first producing his right to the registrar, and whoever neglects to register his right is subject to the penalties prescribed for unauthorised mining and his claim may be considered as an abandoned one; and no person is entitled to enter proceedings in any court to recover possession or to restrain the occupation of or encroachment upon a claim unless he is the holder of a miners's right. Business licenses may also be issued under similar conditions. 4. Alcrownlands dedicated to any public use or which are used as a yard, garden, cultivated field or orchard, or upon which any house or dam may be lawfully standlands exempted ing, or which may be reserved from occupation by the governor, are exempted from occupation under any miner's right or business license; but the governor may upon application grant the privilege to holders of miners' rights to construct drives under lands so exempted providing they can be constructed without injury to the enjoyment of the lands. Certain crown from miners' occupation. Registering a claim for suspension. Gold-miners' lease. Proving an miner's lease 5. The registered owner of a claim upon proving to the satisfaction of the warden by evidence on oath in open court (1) that the claim is unworkable from any cause, (2) that he requires to be absent from the locality for sufficient cause or is unable by reason of sickness to work the claim, or (3) that the supply of water is insufficient to allow the working of the claim to be profitably carried on, may register the claim for suspension of work for any period not exceeding six months. 6. A lease for gold-mining purposes may be granted to any holder of a miner's right for a term not exceeding fifteen years, but no lease may embrace more than 25 acres, the length of which shall not exceed twice the breadth; except in case of quartz-veins or lodes, when the lands leased shall not exceed six hundred yards along the lode by two hundred yards across it. The rent of a lease is fixed at 20s. per acre yearly, payable in advance. 7. The application for a lease is held by the warden for fourteen days, when if no objection has been lodged against its issue it is forwarded to the secretary of application for mines to be dealt with under the provisions of the act. But should any person object to the issue of the lease to the applicant he must within the prescribed time serve a written notice of every objection intended to be taken and deposit a sum for the purpose of defraying all expenses of a hearing, which shall be in the nature of an enquiry by the warden into the truth of the particulars stated by the applicant and the objector; and the matter is then referred for the decision of the governor. In the case of two or more applications being lodged at the same time, the claim is determined by lot. Possession and survey of a leased location. Leases to be registered. 8. The person acquiring a lease and making the first payment therefor may take possession of the land so soon as he has marked out the boundaries in the manner prescribed by the regulations. In case the land is not surveyed at the time of lodging the application for a lease by some person authorised by the secretary of mines the party may deliver a written application to the warden for a survey of the land, and if no survey is made at the end of three months the lease holder may cause a survey to be made by any licensed surveyor. 9. Every gold-mining lease is required to be registered as prescribed by the regulations, and the land may also be registered for suspension of work the same as in the case of a miner's right for a period not exceeding six months. 10. Leases for the mining of any metal or mineral other than gold may be granted subject to the following conditions: (1) The area not to exceed 640 acres |