We have, then, to consider in detail, and in the order in which they arose, the Latin American system, the American system, the Australian system, the Canadian system, and the South African system. But before doing so it will be of advantage as well as interesting, to consider the ancient codes of Germany and Spain, and those which were in force in Latin America while they still were colonies of Spain and Portugal.

CHAPTER III

ANCIENT GERMAN MINING LAWS AND CUSTOMS1

In the time of Agricola (born 1494, died 1555), there was in practice quite a body of mining law-of its kind-in that part of Teutonia traversed by the Sudetic Alps, which at the present time constitute the southern border of Saxony and the northern of Bohemia, and which, as they are followed eastward, pass centrally through Silesia. In these mountains mining had been active already for certainly 800 years, that is, since the seventh century. From the first these laws had, of course, been nothing more than the decrees of the ruling princes who, from time to time, held the region by conquest or the accident of birth, and naturally they were promulgated with the intent of placing all the hazards of the business on the shoulders of the miner, and getting all that was possible of the results of his labor without completely discouraging him. In Agricola's period this body of decrees had become fairly liberal for their time. The chief mining functionary, who was directly responsible to the ruler, was the Mining Prefect, who also represented the last court of appeal in all affairs relating to mines in all the mining districts under the sovereignty of that ruler. Under him, in each district, was the Bergmeister, who dealt directly with the miner.

The only kind of mining property recognized was the leasehold, which, once granted, could be held indefinitely as long as the holder maintained reasonably continuous and energetic work, and paid his royalties promptly.

The unit mining claim was called a "Meer," and was an area approximately 42 feet square, and therefore about one twenty1 Abstracted from Hoover's translation of Agricola.

fourth part of an acre. There were however several other kinds of meers, as follows:

The ancient "Head Meer," which was bestowed on the discoverer of a new vein as a reward for the discovery, was the equivalent of seven unit meers, placed side by side in a line along the outcrop or strike of the lode, giving a block of ground 294 feet long and 42 feet wide, and containing about one-quarter of an acre. Next was the "Long Meer," consisting of four unit meers placed side by side and forming a block 168 feet long and 42 feet wide. Finally there was the "Regular Meer," consisting of two unit meers forming a block 84 feet long and 42 feet wide. All of these were lode claims. The region was one of veins predominantly, producing mainly silver-lead ores, with which were associated more or less copper, iron, and zinc, and occasionally bismuth. All ores were sulphides or tellurides, with comparatively little associated gold. Consequently there were no placers, and no need of placer claims.

The procedure for acquiring title was as follows: A new discovery having been made, the Bergmeister, accompanied by one or more of his staff of officials, such as the T.the Gatherer, the Cashier, the Mining Clerk, etc., and also by two reputable citizens, was led by the discoverer to the new find. On arrival the latter, in the presence of the assembled witnesses, made a solemn statement asserting the facts of the discovery, all of which was taken down in writing by the clerk. If no one appeared as a contesting claimant for the ground the Bergmeister proceeded to measure off a "Head Meer," beginning at the discovery point and measuring off 147 feet along the strike in each direction, and also 21 feet on each side of it, marking the corners with posts or monuments of loose stone. Formal possession of this area was then given to the claimant. During the process each step was noted by the Mining Clerk. After this the Bergmeister proceeded to lay off at each end of this head meer a number of unit meers, the first pair of which was assigned to the local sovereign, the second pair to his wife, the third to the Master of the Horse, and succeeding ones in turn to the royal Cup Bearer, the Groom of the Bed Chamber and

finally a pair to the Bergmeister himself. All these were subsequently obtainable on lease by miners, through applications made to the Bergmeister.

Later this custom was modified by laying off the vein on both sides of the Head Meer into two meer blocks, which were allotted to miners in the order of application, each applicant having the right to select his block out of any remaining unclaimed.

On all of these claims-including the Head Meer—a royalty of 10% of the gross value of the output was payable to the government.

The width of these claims on the surface being only 42 feet, and the same being apportioned equally on both sides of the line of strike, all but veins of nearly vertical dip would require but little exploration in depth to carry the workings outside of their surface lines projected vertically downward. From this condition arose the first custom permitting extralateral rights. This, Agricola says, was of very ancient origin, and he describes its provisions as follows:

"If the vein descends vertically into the earth the boundaries similarly descend vertically, but if the vein inclines the boundaries likewise will be inclined. The owner always holds the mining right for the width of his meer, however far the vein descends into the depths of the earth.”

This custom, however, applied only to that kind of mineral deposit known technically in that day as "vena profunda," which at the present time would be translated into the term true fissure vein." For the other two kinds of deposits which he called respectively "venæ dilatantæ" (bedded veins) and "venæ cumulate" (a mass, impregnation, segregation, replacements or stockworks) there existed no extralateral rights; and the Bergmeister in allotting ground gave to the discoverer as many unit meers in a compact block as he thought proper, considering the relative importance of the discovery made, and the conditions under which it was necessary for the miner to operate; and to all others, in the order of application, smaller sized blocks.

To companies with capital, areas of much larger size would be

allotted, at first in the way of blocks of meers, and later as irregularly shaped tracts.

Tunnel rights also were procurable. These recognized the benefits of drainage, ventilation, and working tunnels, and compelled miners who enjoyed the resulting advantages to contribute to their cost or maintenance or both. New veins discovered in such excavations entitled the tunnel owner to a liberal portion thereof up to the surface and indefinitely downward, and protected his interests.

Nominally, continuous work, as well as the prompt payment of royalty, was required, and any one who could prove that labor had ceased for three consecutive shifts on a lease had the right to denounce and claim it. But this ruling of the sovereign power was liberally interpreted generally by the Bergmeister, and almost any reasonable explanation of default was accepted by that official in the cases of industrious and capable miners.