the surface carrying with it the ownership of everything beneath and above it.1 Therefore, the ownership of the surface was the best prima facie title to the ownership also of the mines.2 This prima facie ownership continued until rebutted, by showing either (1) That the land contained" royal mines "; or— (2) That it was subject to some particular custom that defeated the prima facie ownership, as in the case of the tin mines of Cornwall and Devon and the lead mines of Derbyshire; or (3) That the ownership of the mines and minerals had become in fact, from divers causes, several and distinct from the ownership of the soil and surface.3 3. Royal mines. By the term "royal mines" was meant mines of gold and silver. These belonged exclusively to the crown, by prerogative, although in lands of subjects. In this respect, the rule was the same as under the civil law. It was at one time contended that mines or mineral deposits containing the baser metals in combination with either gold or silver were royal mines. This contention, however, was set at rest by statutes enacted during the reign of William and Mary, wherein it was declared that no mine should be deemed royal by reason of its containing tin, copper, iron, or lead in association with gold or silver. Thus, those mines only came to be classed as royal in which were found the precious metals in the pure state. There 2 Blackstone's Comm., p. 18; Arundel on Mines, p. 3; Del Monte M. Co. v. Last Chance M. Co., 171 U. S. 55, 60, 18 Sup. Ct. Rep. 895. Bainbridge on Mines, 5th ed., p. 109; MacSwinney on Mines, p. 27; Rogers on Mines, p. 247; Del Monte M. Co. v. Last Chance M. Co., 171 U. S. 55, 60, 18 Sup. Ct. Rep. 895. 3 Bainbridge on Mines, 4th ed., p. 27. 41 William and Mary, c. 30; 5 William and Mary, c. 6. is no authentic record of any such ever having been known to exist in England, unless we accept the traditional accounts of the Roman invasion as establishing their existence. In certain reigns the crown claimed a right to mines of alum and saltpeter; but the asserted prerogative was rarely exercised, and then only in an arbitrary way.1 Mines and minerals of all descriptions underlying the beds of navigable streams belonged to the crown. As to mines under the sea or its shores, generally speaking, the rule of proprietorship of the soil obtained. The crown owned the sea-bottom adjoining the coasts of the United Kingdom and that part of the seashore from low-water mark to the line of the neap tides. Mines underneath the seashore belonged prima facie to the littoral owner or to the crown, as the superjacent soil belonged to the one or the other.2 The right of the crown to royal mines, as a branch of the royal prerogative, is said to have had its origin in the king's right of coinage. But, as Mr. Bainbridge observes, it is more probable that the royal right arose in Roman times, and was transmitted to successive sovereigns. As regards imperial mining rights, in mines of gold and silver, there is no difference between the Roman or civil law and the English mining laws. A mine royal was not an incident inseparable from the crown, but might be severed from it by apt and precise words. But a grant by the crown of lands would not pass gold or silver mines, unless they were expressly named, and this applied to a grant of lands in the colonies.* 1 Bainbridge on Mines, 4th ed., p. 133. MacSwinney on Mines, pp. 30-31; Bainbridge on Mines, 4th ed., p. 171; Rogers on Mines, p. 178. Bainbridge on Mines, 4th ed., p. 120. MacSwinney on Mines, p. 40. Briefly stated, the regalian right to mines, as recognized in England, was confined to those of the precious metals-gold and silver. The baser substances belonged to the owner of the soil, except in certain localities where immemorial custom had modified the rule. 24. Local customs. -In certain parts of England and Wales so-called "local customs" were recognized which modified the general rule of the common law.1 In these excepted localities the ownership of the baser mineral substances continued in the crown, subject to certain so-called customary rights in the subject, which customary rights have been from time to time recognized and defined by statute.2 These excepted districts were the Forest of Dean (including the hundred of St. Briavels), in the county of Gloucester, certain parts of Derbyshire, Cornwall, and Devon, and other places of minor importance. These customs undoubtedly had their origin during the Roman occupation; but they were recognized and established by acts of parliament upon the theory that they existed by virtue of some antecedent grant or concession made by the crown. These customs are of more than passing interest, not only on account of the antiquity of their origin, but because they afforded to the early miners of California, in many particulars, valuable precedents to guide them in framing their primitive local rules. A brief consideration of them will not be out of place. 25. The tin mines of Cornwall.—The right of working tin mines was conferred upon all "free tinners," upon the render of a certain proportion of the minerals 'Del Monte M. Co. v. Last Chance M. Co., 171 U. S. 55, 60, 18 Sup. Ct. Rep. 895. Bainbridge on Mines, 4th ed., p. 113. raised to the owner or lord of the soil. This proportion was called "dish," or "toll," tin, and was usually one fifteenth of the product. Any tinner was allowed to "bound" any unappropriated waste lands, or inclosed lands which had formerly been waste lands, subject to the custom. He "bounded" the same by delivery of toll tin to the lord of the soil. A tin bound generally consisted of about an acre of land, the four corners of which were marked by turfs or stones at each corner. A side bound of triangular form was also allowed.1 The bounder was required to proclaim his bounds at the next ensuing stannary courts, announcing the limits of his bounds and the names of his co-adventurers, if any. This proclamation was repeated at the two ensuing stannary courts; and if no opposition appeared, a writ of possession issued from the court commanding the bailiff to put him in possession. Possession was then delivered, and the tinner became entitled to search for and extract ore. Bounds were required to be annually renewed, by re-marking the corners. The tinner failing to renew his bounds within the year might, however, be restored to his estate by renewing them at any time before others should enter and bound.2 Tin bounds might be sold or demised, were frequently farmed out for a render called "farm tin," and were liable to the payment of debts and legacies. The estate was in the nature of a chattel real, and passed to the executor.3 If the owners of bounds left them unworked for a year, other tinners might enter and work them, if they gave the owners notice of their desire to work, and the owners did not within two months resume operations. 1 Bainbridge on Mines, 4th ed., p. 149. * Id., p. 432. A bounder was not compelled to prosecute his work continuously with absolute strictness. He was allowed a reasonable time for consideration, preparation, and selection of places; but he should not cease to pursue in good faith his original object. If he did, the owner of the soil might resume his exclusive rights.1 Stannary courts were local tribunals, existing from time immemorial, and recognized by royal charters. They were courts of record, with both common-law and equity jurisdiction, wherein controversies concerning miners or their property rights were adjusted. 26. Tin mines in Devonshire. -Tin-bounding in Devonshire was governed generally by customs similar to those of Cornwall. The estate, however, of the bounder was that of fee simple, and descended to the heir at law.2 ? 7. Coal, iron, and other mines in the Forest of Dean and the hundred of St. Briavels.-The "free miners" within the hundred of St. Briavels (which embraces the Forest of Dean) were entitled by immemorial custom to have granted to them "gales" of the mines of coal and iron and leases of the quarries of stone within the lands of the crown, and within inclosed lands under certain restrictions. By the term "free miner" was meant all male persons born and abiding within the hundred, of the age of twenty-one, and upwards, who had worked a year and a day in the mines within the hundred. All free miners were required to register with the gaveler of the forest or his deputy, the gaveler being the representative of the crown. A "gale" was the name given to the holding of mines |