"dence has decreed him, and enjoy it without "disturbing his neighbors." If he had no neighbors, he might alter his boundaries, with the consent and under the authority of the deputation. Right to all veins found within boundaries of pertenencia.-The mine owner was entitled to possess not only the principal vein in the pertenencia denounced by him, but likewise all those which in any form or manner whatever are to be found in his property; so that if a vein takes its rise in one property, and, passing on, is found in another, each proprietor was entitled to enjoy the part of it which passes through his particular limits, and no one was entitled to claim entire possession of a vein from having its source in his portion, or on any other pretense whatever. 66 Forfeiture for failure to work. With reference to working the mine, stringent regulations were established, compelling the mine owner to work at least four paid workmen in "some exterior or interior work of real utility" for eight months during each year, counting from the day of his coming into possession. Royalties.-A certain percentage of the product of mines was payable to the government, the amount of which varied at different periods. 14. Authorities consulted. In the preparation of the foregoing chapter, the author has availed himself of the painstaking labor of jurists and writers on the subject of foreign mining laws, whose works should be specially mentioned. That due credit may be given and to the end that those desiring to pursue the study of comparative mining jurisprudence beyond what we consider the legitimate scope of this treatise may be invited into broader fields of investigation, we take pleasure in here enumerating the various authors whose works we have been so fortunate as to possess. The monographs of Dr. Rossiter W. Raymond, at present secretary of the American institute of mining engineers, scientist, scholar, and lawyer, one of the ablest living contributors not only to the literature of mining jurisprudence, but to mining subjects generally, have been freely consulted. Such of the productions of his pen as deal directly with the subject of foreign mining laws are, his treatise on "Relations of "Governments to Mining," forming part II of his first report as commissioner of mining statistics,1 and his contribution to Lalor's "Cyclopædia of Political "Science," under the title of "Mines." 2 General H. W. Halleck's introduction to "De Fooz "on the Law of Mines," and Hon. Gregory Yale's "Mining Claims and Water Rights," contain valuable contributions on the subject of foreign mining systems, and have been freely consulted. Arundel Rogers, Esq., in his work on the "Law of "Mines, Minerals, and Quarries," 5 devotes considerable space to a discussion of foreign systems, including a chronological review of legislation on mining subjects in the United States. From the standpoint of practical utility, the work of Oswald Walmesley, Esq., barrister at law of Lincoln's Inn, "Guide to the Mining Laws of the World," is commended. Mr. Walmesley has gathered and grouped together a vast amount of valuable authentic information. While written principally as a guide to persons seeking mining investments in foreign countries, it is the work of a trained lawyer, and valuable to the professional student of comparative mining jurisprudence. Other authorities which have been consulted on this subject will be found in the notes. 1 Mineral Resources, 1869, pp. 173-256. San Francisco, 1867. London, 1894. 18. Classification of states.-Many of the states of the union have enacted laws governing the mining industry. These states may be grouped into three classes: (1) Those states wherein the federal government acquired no public mineral land, and for that reason were not included in the scope of federal mining legislation; (2) Those states which are public land states, but are exempted from the operation of the congressional mining laws (with the exception of those relating to the disposal of saline lands), either for the reason that the mineral lands therein were sold under special laws prior to the enactment of general laws on the subject of mining, or because congress has by later laws in terms excluded them from the operation of these general laws; (3) Those public land states and territories wherein the federal system is in full force, and wherein supplemental state and territorial legislation is authorized by the expressed terms of the federal laws. 19. First group.-In states falling within the first group, such as the thirteen original states, and those carved out of the territory claimed by them, it is quite manifest that no federal legislation touching mining tenures is possible, and that such regulations as are found must be sought in the laws of the several states. The individual states comprised within this group, being the paramount proprietors of their mineral lands, could alone prescribe the terms upon which mining rights could be acquired thereon. To this class the states of Tennessee and Texas may be added. In most of these states there is no distinction between the methods of acquiring mineral lands and lands that do not fall within this designation. Some of them, particularly those where coal mining is carried on extensively, have elaborate systems in the nature of police regulations, prescribing the manner in which mines shall be worked, providing for their official inspection, proper ventilation, means of escape in case of accident, and provisions looking to the protection of the miners. Pennsylvania,1 Kentucky,2 West Virginia, Tennessee, New York, New Jersey, North Carolina," and 4 3 And 'Brightley's Purdon's Digest, 1894, vol. ii, pp. 1340 to 1386. see Laws of 1897, pp. 157, 279, 287, 475; 1899, pp. 66, 68, 180; 1901, pp. 342, 535-545. In the act to establish the department of forestry is a provision empowering the commissioners to execute leases for the mining of "any "valuable minerals" in the forest reservation. Laws of 1901, p. 12. For an article on "Mine legislation and inspection in the anthracite "coal regions of Pennsylvania," see Mining and Scientific Press, July 23, 1898, vol. lxxvii, p. 84. 2 Laws of 1891-1892, p. 54; 1894, p. 55; Gen. Stats. of 1887, p. 267; ld., p. 1130. 'Laws of 1897, ch. 59, p. 117; 1893, ch. 22, p. 336; 1891, ch. 15, p. 22; 1891, ch. 35, p. 60; 1891, ch. 82, p. 209; 1889-1890, p. 161; Code of 1899, p. 1047; Laws of 1901, ch. 106, p. 224. Laws of 1887, ch. 206, p. 336; Code of 1884, pp. 75, 327 et seq.; Laws of 1891, p. 203; Acts of 1901, ch. 37, p. 51; ch. 172, p. 306. Gen. Laws (1900), vol. 3, ch. 32, art. ix, §§ 120-129, pp. 2630-2633. Laws of 1894, p. 66; Gen. Stats. (1895), p. 1904. 'Laws of 1897, ch. 251, p. 423. certain cases, Code (1883), § 1763. See, also, as to rights of lessees in Maine,1 have more or less elaborate codes, confined, however, in the main to regulating the manner of working the mines. No mining legislation of a general character is found in Delaware, Georgia, Connecticut, Massachusetts, Rhode Island, Vermont, Virginia,2 New Hampshire, or Maryland.3 8 Some of the states, such as Massachusetts, Kentucky, Tennessee, Georgia, and North Carolina, regard the industry of mining as in the nature of a public use, and permit private property to be condemned for purposes of rights of way and drainage. South Carolina has enacted some special legislation affecting phosphatic deposits in navigable waters, marshes, and creeks belonging to the state, and providing for a system by which licenses may be granted to extract them upon payment of royalties to the state; but no distinction is made between the method of acquiring mineral lands and other lands, or in the tenures by which they are held. 9 The legislature of Tennessee in 1845 passed an act 'Rev. Stats. Supp. of 1895, p. 294; Laws of 1893, p. 348. See, also, ten years' exemption of mines from taxation; Rev. Stats. (1883), p. 128, § 6. 2 Virginia has a statute authorizing owners of land adjoining coal mines to enter the coal mines at intervals to determine encroachments. Code (1887), §§ 2570-2572. See, also, as to liens of laborers, id. 2485, as amended, Supp. 1890. 3 Maryland has an act concerning mining companies, their organization and powers, and regulating the building and operation of railroads by such companies. Pub. Gen. Laws of 1888, pp. 289, 291, 343-346. Also, an act requiring mining companies to pay their employees semimonthly. Laws of 1896, p. 212. 'Pub. Stats. of 1882, ch. 189, §§ 19 to 28. Gen. Stats. (1887), pp. 1130-1131. Code of 1884, § 1854, p. 328. 'Code (1895), §§ 650-657; Amended Laws of 1897, p. 21. See, also, concerning mining interests in leases of land, Code (1895), § 3114. Code (1883), §§ 3292-3301. Rev. Stats. South Carolina, §§ 1893-1894, vol. i, pp. 36-38. |