When the document of a concession is delivered an impost of one boliviano per hectare of surface is payable. This is to defray the cost connected with entering up the property on the official map of the mining district in which it lies.

Duties are levied on all metals or metallic ores exported. The rates vary with the degree of refinement of the product, and the market price of the metal or metals it contains.

When litigation occurs on the question of the ownership of a mining property, the courts are prohibited from ordering the suspension of mining work for any cause during the progress of the suit. Instead they are clothed with the power to take possession and continue operations under the management of a court receiver until the matters at issue are settled.

The miner owns everything beneath the surface soil within vertical planes passing through his boundary lines. Trespass beyond these planes to the extent of 10 meters may be punished, when proven, as common robbery.

All surface mining rights on privately owned property must be arranged with the soil owner if possible. If not, expropriation can be demanded by the miner in the courts to the extent that he can show is necessary for the proper working of the ground. Mining companies and individual operators are held strictly accountable for the lives and health of employees of all grades.

Surveying, advertising, and registration charges and fees of all kinds connected with the acquisition and maintenance of title are reasonable. No royalties of any kind are collected by the government, or can be demanded by surface owners.

BRAZIL

(Legislative Decree of January 6th, 1915. In effect January 1st, 1917)

For the purposes of the Law all organic or inorganic minerals existing upon, in, or underneath the surface are classified as Mines or Non-mines, as follows:

Mines:-Metals, or minerals from which metals may be extracted (except iron), mineral oil, coal, asphalt or other combustibles, graphite, sulphur and gem stones in veins in rock.

Non-mines.

Class 1.-Iron ore, salines, nitrates, building stones, sand, asbestos, clay, ochres, mica, peat, phosphates and mineral waters. Class 2.-Alluvial deposits containing metals or gems.

Class 3. Quarries.

When deposits of substances are found which are not mentioned in any of these divisions, it is the duty of the "Superior Council of Mines" to classify them.

Mines belong either to the Republic, the States of the Republic, or to the surface owner, if any. In the first two cases if claims are located upon them and titles thereto solicited and acquired from the proper authorities, such titles convey only underground rights, and such surface rights as may be required for the operation must be obtained in another and the ordinary way.

Non-mines, when existing on alienated areas, belong to the surface owners of such areas. When upon the public domain (unoccupied Federal or State land), they may be acquired by purchase of the surface in the ordinary way.

Surface owners may prospect their ground and work any deposits found therein without any authorization from the government, but their operations must be conducted in conformity with the general laws relating to the safety of employees and to sanitation. Prospecting on alienated land is not allowed without the consent of the owner, and when consent is given the terms and conditions are matters of agreement between prospector and owner.

The business of prospecting in the eyes of the law not only consists in looking over a given area and noting outcrops or other mineral indications thereon, but includes the development of the same by shafts and levels, and the sinking of drill holes.

When a surface owner refuses to allow prospecting on his land, the law provides means by which he may be compelled to permit it, or by which the area desired may be expropriated. No prospecting license is required for prospecting on alienated land.

But prior to prospecting other than "looking over" on the public domain, a petition must be made to the Minister of

Agriculture, through the Geological Survey Bureau, in which the locality it is desired to explore is specifically located and described. When this is done it is obligatory upon the Minister to grant the license free of charge, and within 30 days from date of application. Such licenses are good for a year, with the privilege of a year's extension on proper showing by the holder that more time is necessary. The license grants the right to stake off an area the size of which-within certain limits hereafter given-is a matter of agreement between the prospector and the minister, but may not exceed 100 hectares (about 250 acres), nor be less than five hectares (about 1212 acres), excepting in the case of river bed alluvials, when the amount allowed may be as much as 50 kilometers (about 31 miles) of the stream. Such licenses are non-transferable, excepting with the permission of the Minister.

The unit mining claim is five hectares. The maximum number of these that may be staked off and applied for as a mining grant by an individual for gem stones and the rare metals (gold, silver and platinum) is ten, or a tract of 50 hectares, and for all other substances 20, or 100 hectares. But in the case of a company

the permissible area is doubled.

The maximum term for such grants for either an individual or a company is 30 years. But at its end this term may be extended at the discretion of the government. Such grants are not transferable except with the consent of the authorities, but they may pass to one living heir, one living spouse or one living partner.

When the grant is an alluvial one, and is located upon a public Federal river, the maximum size is 50 hectares (about 125 acres) for an individual, and 100 hectares for a company.

These grants, once given, carry the exclusive right to the ownership of all minerals that may be found in them during its term, regardless of whether they are mentioned in the grant or not; but upon the grantee rests the obligation to advise the authorities of all new discoveries.

A discoverer who has secured a mining grant, and does not

wish to work it, or is not able to, and desires to transfer his rights to a party willing and able to operate in accordance with the requirements of the law, may do so, and in consideration may claim the reimbursement of his prospecting expenses to date of transfer, and also, at his option, a lump sum in cash, or an annual payment up to 2% of the net profits.

All mining grants carry the obligation to begin development work in earnest within one year of their date, and to continue the same with reasonable diligence during their term.

They also carry the obligation to pay annually to the Government a rental, which is agreed upon when the grant is issued, but which cannot exceed 150 milreis (about 15 cents) per five hectares (or fraction thereof) of the total area;* and in addition a royalty, which is also a matter of agreement, but may not be over 6% of the net profits. However, neither of these imposts become payable until two years of the term have elapsed, which two years are free.

CHILE

(Law of December 20th, 1888, in force January 1st, 1917)

The State claims exclusive ownership and control of all mineral substances existing upon, in, or under the surface soil, and whether on public or private land, except as to coal and other combustibles which, when occurring on alienated land, belong to the owner of the surface, but must be worked in accordance with the provisions of the law.

Prospecting is free. No license is required.

Discovery of mineral is a necessary pre-requisite to the filing of a claim.

Mining claims may be located on any unoccupied land, and carry with them the exclusive right to utilize the surface within their lines for all necessary mining purposes, as well as exclusive underground rights, so long as the provisions of the law are complied with. But when it is desired to locate upon alienated land,

* Equivalent to about 14¢ per acre.

the owner thereof must first be secured from any damage that might result from the miner's operations.

Possession is maintained by an annual tax per hectare (about 22 acres) of area.

Not more than three mining properties can be located upon the same lode or vein, but any desired number may be acquired by purchase.

The party who first reports a new discovery is considered the proper claimant, unless fraud is proven.

The act of registration consists of an appearance before the local judge, either personally or by agent, to whom all particulars of the find are reported, and a sample of the ore is given. If the discovery has been made in a new mining area, that is, one distant five kilometers (about 3 miles) or more from any previous discovery, the finder thereby acquires the exclusive right, for the next 50 days, of locating a total of three mining properties on the same vein or deposit. But if the find is within five kilometers of mines already known, he may locate but one mining property on the vein.

Within 90 days after reporting the discovery (which is the act of registration) a shaft at least five meters deep must be sunk on the ore.

The unit mining area is the hectare (about 22 acres), measuring 100 meters (about 300 ft.) on all four sides, and rectangular in shape. No more than five of these, laid out contiguously in a block, nor less than one, may constitute a mining claim or property, on veins or deposits of the metals; but for coal, salt, salines, oil and other economic minerals, up to 50 may be taken as a claim.

After the shaft is sunk to the required depth, monuments or stakes must be erected at all corners, and before the expiration of the 90-days term the claimant must appear before the district Judge and ask for an official survey, at his own expense. When this is made, and the corner stakes correctly set, the claimant is formally placed in possession, and his title becomes incontestible, except by the State for failure to pay the annual tax, or to operate