European mining laws.

Mines are the

nation.

land owners.

divisions of the colony the government may pay a reward of not less than £500 and not more than £1,000, but not more than one such reward may be paid in respect of each division. In Tasmania the government may grant to any person who discovers any mineral a lease at a pepper-corn rent of any area which may be prescribed.

For a knowledge of the mining laws which prevail in the principal countries of Europe the writer is indebted to reports made to the British government by her majesty's representatives abroad, "as to the laws in various countries regulating the ownership in minerals and mining rents and royalties," presented to parliament in 1887. Only a brief summary of the reports is given.

feet.

FRANCE.

The payment of royalties in France was abolished in 1789 and all mines were declared to be the property of the nation, reserving to the owner of any property of the land the right to mine upon it provided he went no further down than 100 This law was repealed in 1810, but the new law re-enacted all the old provisions saving the right of the owner to open shallow mines without leave; and in its chief features the act of 1810 is the present law of the country. Right of private No person can try or prospect for minerals, whether with or without the assent of the owner of the land, unless he has previously arranged to pay the owner an indemnity; and if the works are so far temporary that the ground may be cultivated as before at the end of one year, the damage cannot be calculated at more than twice the net return of the land occupied ; but if the works should deprive the owner of his ground for more than a year, or unfit The government it permanently for cultivation, the explorer must buy the lot for a sum not to exceed double its value before occupation. No mine, however, can be worked without a concession from the council of state, the obtaining of which creates a new property even to the owner of the soil, independent of and separate from that of the surface and transmissible like any other. As soon as the concession is obtained—and it may be granted to foreigners as well as to citizens—the concessionaire is bound to pay yearly rents to the owner of the surface on the whole extent of the concession, and also for the surface area occupied by his machinery and plant; also a yearly rent to the state, besides 5 per cent. of the net produce of the mine and a small sum additional to form a relief fund for accidents.

concession.

Rents.

Law of 1865.

Licenses.

Rights of the surface owner.

GERMANY.

The mining laws in Germany are not uniform throughout the empire, but the Prussian general law of 1865 has been extended to most of the other states. The minerals are not at the disposition of the owner of the soil, but it is a moot question whether they form before the right to work them is obtained an integral and judicially indivisible part of the ground and soil, or "things without an owner." This, however, is of no real consequence as under the general mining law all persons (including the owner of the land) who dig for minerals without a license obtained from the state mining authorities are punishable by fine or imprisonment. A claim to license is recognised as belonging to the person who has discovered the mineral in its natural state and makes an application for the concession. The license is granted for limited and bounded areas, which are marked out by straight lines on the

surface the boundaries underground being lines vertical to the horizon. This license or lease conveys absolute right to work for the mineral mentioned therein within the prescribed area; and once it has been given it can only be cancelled without the licensee's consent when the higher mining authorities have decided that this step is necessary on public grounds. The law of 1865 does not recognise that the owner of the soil has any claim to a royalty, rent or similar advantage of the nature of compensation for the raising of minerals which may happen to underlie his property; but the owner of the mine is obliged to give full compensation for such surface portions of the property as he may require, as well as for any damage he may cause to the property or its appurtenances by his mining operations. An essential feature of the law is Tax or royalty that which provides for the payment of a tax or royalty to the state on all state. mineral properties except iron mines, rock salt mines and brine works, the form of levy being (1) a tax on the gross produce, as in Prussia, (2) a tax on allotments, as in Hesse, (3) a combination of both, as in Alsace-Loraine, or (4) a general tax on industry, as in Wurtemberg. The royalty in Prussia is two per cent. to the government; and the mine owners are required in Miners' aid fund. addition to pay certain charges to the miners' benefit fund, to ensure assistance to the miners in case of illness or accident, and to provide for their widows and children.

AUSTRIA-HUNGARY.

payable to the

In Austria the state claims sovereign rights over all minerals. A permit to search is granted on application, but it is limited to a certain district, the Permits. area of which must be accurately stated. Having obtained a permit, the next step is to apply to the authorities for one or more free diggings in the district, each of which is to measure not more than 424 metres (1,391 feet) in diameter. An arrangement must then be concluded with the owner of the land where the opening is proposed to be made; and if a purchase of the land is intended, and the parties cannot agree on the price to be paid, the value is fixed by sworn experts appointed by the mining authorities, whose valuation Rights of owners must be accepted by the proprietor. He may also be forced to cede his property temporarily at an annual rent, to be fixed by sworn experts, in which case the land reverts to his free use after the working of the mines has ceased,

of land.

cipal taxes.

but this plan is of rare occurrence. No royalties are paid to the state, but State and muniheavy rates of taxes are imposed for both state and municipal purposes.

ITALY.

In Italy the old laws which obtained in the independent states before the unification of the kingdom still continue; hence the most contradictory No uniform laws systems are found side by side. In all upper and central Italy, with the ex- for the kingdom.

ception of the Tuscan provinces and in the island of Sardinia, concessions are granted by the government in favor of the discoverer of a mine, or of any other person who may furnish a sufficient guarantee of his intention to under take the working of it. In the provinces which formed part of the late kingdom of the two Sicilies, when the working of a mine is not undertaken by the owner of the soil, concessions are made by the government in favor of any duly qualified applicant who possesses the means of undertaking and carrying on the work; exception being made in the case of sulphur mines, which can

Income tax.

Law of 1837.

Double royalties.

Private owner

Right to explore.

only be worked by the owner of the soil. But sulphur works in Sicily are still subject to the supreme regalian rights of the state, and the owner of the soil may not open or work them without a special license, and upon payment once for all in recognition of the sovereign rights of a sum of 127 francs. In the Tuscan provinces mines are the absolute property of the owners of the soil, saving iron mines of the island of Elba and the territory of Piombino ; these belong to the state domain, and may be conceded to any person upon any terms. Various attempts have been made in the Italian parliament to introduce a uniform law for the whole kingdom, but so far without success. All owner of mines, however, are required to pay an income tax of 13.2 per cent. on the produce of their mines, independently of any tax imposed by the various mining laws.

BELGIUM.

Everything above and below the soil was recognised by the old law of Belgium as belonging to the owner, but this was completely changed by the imposition of the French law, passed by the French imperial government in 1810. This continued to be the law of Belgium until 1837, when considerable changes were made looking to fairer treatment of the land owners. By the law of 1837 the land owner, like the state, receives a double royalty, the one fixed by the act of concession, but in no case to be less than 25 centimes per annum for each hectare (about 5 cents for each 2 acres); the other proportional, from 1 to 3 per cent. on the net product of the mine. In both cases the rates are determined by the board which grants the concession, and the amount is divided among all holders of land included in the concession in proportion to the extent of their holdings. The law also provides that the owner of a sufficient extent of land, who possesses the necessary capital, is entitled to the concession.

PORTUGAL.

The right of private ownership in minerals is recognised by the law of Portugal, but the control over and management of mines is entrusted to a ship recognised. committee of public works, which is subordinate to one of the state departments. The government may through this committee grant permission to search for minerals in land which is national property or the property of municipalities, and may also authorise search to be made on private lands without the consent of the owner of the soil, but subject to an engagement on the part of the explorer to indemnify the owner for any damage he may cause. Previous to commencing operations on private land the lessee must either compensate the owner by paying the value of the land set apart and one-fifth part of the value in addition, or he must give security to the full amount of any injury that may result. In all cases where shafts have to be sunk or galleries constructed the previous consent of the government is necessary, and consent is neces- this requirement applies to the owner as well as the lessee of a mining property; any person who does so work a mine is liable to have the fruits of his labor appropriated by some other person registering himself as discoverer and obtaining a concession. The scale of royalties as fixed by the decree of 1862 requires the lessee to pay to the state a sum not exceeding 5 per cent. of the net production and a sum not exceeding 24 per cent. to the owner of the soil,

Government

sary to work a mine.

Royalties.

the annual rent being always one-half of the proportional royalty exacted by the government; but in the event of the government converting the proportional royalty into a fixed amount, or suspending temporarily the payment of a royalty, the parties may either agree upon the sum to be paid to the owner or the government will fix the percentage within the legal limits.

SPAIN.

minerals.

Any person or company may own mining property in Spain, with the consent of the state and subject to certain conditions. The law deals with Classes o minerals of three classes, viz. : (1) all materials used for building purposes and found in quarries, (2) surface metalliferous deposits, and (3) metalliferous mines, coal, oils, sulphur, precious stones and kindred substances. Mineral substances of the first class found on private property appertain to the owner of the land, but if they can be utilised in any industry the owner is bound to quarry them within a specific period, or on the application of any other person the deposits may be expropriated. When found on government or common land any person may utilise them, with the consent of the government. Deposits carrying gold and tin, or other river deposits such as yellow and red ochre, may be utilised without previous permission. Under certain conditions any person may examine the surface of the land for minerals, and if the owner refuses consent the civil governor of the province may grant permission upon application being made to him. In order to obtain ownership of a mine a petition is addressed to the civil governor, who instructs a License to government engineer to examine and report upon the property, and if signs of minerals are found the concession is at once granted, and the property must be marked out within four months after the concession. A mine is reckoned to be a rectangle measuring 200 by 300 metres, and of indefinite length; but in the case of iron, coal, bitumen and sulphate of soda the Area of mines. limit is 300 by 500 metres. Mines of 200 by 300 metres pay an annual royalty to the government of £3, mines of 300 by 500 metres pay £2, and Royalties. scoriæ mines and surface deposits pay £4 for every 40,000 square metres.

SWEDEN.

search.

of 1884.

The rights of property in mines in Sweden are regulated by the mining law of 1884. The owner of the land is not entitled to the minerals found Mining law in it, except in the case of minerals in the lakes and swamps, and no mines can be worked without a license. Whoever wishes to work a mineral vein, whether on his own ground or that of any other person, must make a written Mining license. application to the mining inspector of the district for a mining license, and and this license when granted refers to a certain area with perpendicular boundaries. As long as work of exploration is continued the holder of the license must compensate the owner of the ground by paying him in advance Conditions. an annual rent for the area occupied, and under pain of losing his claim he must commence working within at least eight months from the date of the license, unless a hindrance occurs over which he can have no control. The owner of the ground, however, is entitled to share with the holder of the license in the mining and the profit derived from it to the extent of onehalf, and it is optional with him to use either his whole share or part of it. In the case of a crown tenant or occupier who holds by perpetual lease,

Mining work regulated.

Forfeiture.

Income tax.

Rights of the land-owner.

the same right is enjoyed as is secured to an owner; but any one entitled to a ground-owner's share, and neglecting to make application for the use of it, forfeits the right to such share. The allotment staked out under a license may not, excepting under special circumstances, exceed 200 metres square, and the fee to be paid to the owner must be decided on the staking out of the allotment, either by agreement between the parties or by official appraisement. Mining work within any licensed area must be carried on upon such a scale as to equal the cost of blasting 10 cubic metres in the mine every year, but the owner is entitled to perform in one year the work he is bound to perform for several years, not exceeding four. Instead of this obligation the owner of the mine, if he prefers to do so, may pay an annual fee for each allotment of 50 kronor (about $13.50), half of which goes to the crown and half to the owner of the ground; this right, however, is not admitted unless obligatory work in the mine has been performed for at least three years. In the case of the owner of the mine being also the owner of the ground, he is bound to pay only the portion of the fee which goes to the crown. In case of failure to perform the obligatory work, or to pay the annual fee where the payment of such fee is admitted, the mine and the privilege based on the license become forfeited at the end of the year, provided that a complaint be made to that effect within two years from expiration of the working year during which the neglect took place. In case of forfeiture, or the loss of a mining claimant's right in any other way, the whole real property in the mine reverts to the owner of the ground without any compensation, saving that any ore that may have been raised is allowed to remain on the ground on account of its owner for two years free of expense; and any machinery remaining in the mine, constructed for its support and durability, becomes the property of whoever afterwards acquires a legal title to the working of the mine. No foreigner is allowed to work a licensed allotment, or carry on mining in the kingdom, except by making special application and obtaining permission from the king. Formerly a payment of 10 per cent. for certain privileges granted by the state was exacted, but by a series of agreements between the state and the mine-owners this tax for the privilege of working mines has heen abolished, excepting in two districts. With this exception the mining industry is now only subject to the ordinary income tax, and the payment of a fee of 10 kronor (about $2.70) for an act of concession.

NORWAY.

By the Norwegian mining law of 1842 the right of raising lake-ore and limonite is reserved to the owner of the ground, and by the law of 1869 the same right applies to the obtaining of alluvial gold; as regards all other ores and metals, the owner of the ground has no special right, except the privilege. Right of a dis- of participating in the working of the veins. Any one who discovers a vein may notify the constable of the parish or magistrate of the town, which notice when communicated to the owner of the ground and published at the church, or in any other customary way, gives the person who presents it a preferential right for a period of eighteen months to obtain a certificate of permission to work the mine. Applications for such permission must be made to the super

coverer.