AUSTRALASIA-continued.

Table showing how minerals are dealt with in the various Colonies on Crown lands,

Not exceeding 80 Tin, Silver, or An- Not exceeding 80

AUSTRALASIA-continued.

with statistics as to areas, population, and production of minerals in such Colonies.

The table relating to Tasmania has been revised from the Bill now before Parliament (see p. 305 ante)

Exclusive of 41,993 Maories

308

CHAPTER XIX.

CHINA.

NOTE AS TO MINING LAW.

It is said that the western parts of China are probably richer in minerals than any other part of that country, and that they possess silver, iron, tin, and copper mines in many places, also precious stones; that iron and lead are found more or less in all the Southern Provinces; that mercury is obtained, and that there are several large coal-fields in the province of Kwang-tung. It is, indeed, understood that coal has been somewhat extensively worked in the island of Formosa for some time past, and that new collieries have recently been opened in the neighbourhood of Tientsin.

Owing to the great antiquity of the Chinese Empire, the authentic history of which can be traced back to over 1,000 years before Christ, and to the voluminous mass of Imperial edicts or decrees having still the force of law, except so far as they have been superseded by later decrees, which are stored up in China without any attempt at a digest, or even at methodical arrangement, it is said to be difficult to make any complete or reliable statement as to the legislation of China until within the last 250 years that is, during the continuance of the reigning dynasty. It appears that in the time of the Emperor K'anghsi (1661-1772) all mining was forbidden, and until recently the Government steadily discouraged it on the plea that brigandage and disorder were likely to ensue from the assembling of large numbers of workmen in mining districts, and that to dig up the earth for precious metals was an incentive to avarice! In recent years, however, the attitude of the Central Government has been materially modified. As far back as 1869 the Board of Revenue published regulations for the control of mining operations throughout the Empire. These provide: (1) That before permission is sought from the Crown for the opening of a mine the Provincial Governor General or Governor

shall appoint an expert to examine its position in concert with the local officials and ascertain that no injury will be caused to the land, houses, or burial-places of the inhabitants; (2) that when a mine is exhausted an official report to that effect shall be made, and the mine then closed; and (3) that no mine shall be opened in remote places difficult of access. I' is understood that these regulations have not been repealed, but that mining in different parts of the country is carried on under local regulations, adopted as occasion requires, which are submitted to the Crown for sanction. The following note, which has been prepared by a competent translator from the best original materials available in this country, without claiming to comprise the effect of all legislation, however ancient, which may still be in force, may at least be relied upon to give the general effect of recent legislation on the subject of mining in China, the precaution having been taken to ascertain by communication with that country that there has been no very recent legislation on the subject, beyond local regulations.

Report on China' by Mr. D. Goh.

There is no complete codified law in China to regulate the mining industry uniformly throughout the country. There have been, however, several regulations issued from time to time by the local authorities in the different districts. These regulations are framed in principle in accordance with Imperial decrees. Owing to the lack of materials for reference, it is almost impossible to investigate into the particulars of the mining rules of China in this country without collecting the existing regulations in force throughout that vast empire from their native land. But, so far as the general principles are concerned, the following points can be gathered from the book entitled "Kin-Ting Ta-Tsing Hoy-tien Tze-ri," or the "Historic and Comprehensive Description of the Administration of the Tsing Dynasty" (China) :

1. All minerals in China belong to the Sovereign, and no mine may be opened without Imperial sanction. A special feature of the Chinese mining industry is that it is rather the undertaking of the local authorities representing the Crown than that of a private enterprise, although, in practice," merchants" are invited by the authorities to carry out the mining works with their own capital;

1 Since the above note was prepared, the writer has been favoured by the receipt from China of a précis of the local regulations for Kwangtung issued by the Governor of that Province in 1886, which confirms the general correctness of Mr. Goh's report, but is too long to be set out here in full, but for extracts from which see p. 311 post.

in other words, mining in China, it appears, is permitted rather with the view of increasing the Government revenue than of assisting the national industry of the people. Consequently, the mining in China is under the administration of the Financial Department.

2. No mine is allowed to be worked should it be considered destructive to any neighbouring agricultural land, or dwellinghouse, or cemetery. It is not infrequently the case in China that mines are closed by Imperial order on the ground of disorderly and riotous proceedings on the part of the miners.

3. When any mineral is discovered, the magistrate of the district (Chew or Hshien) has to ascertain whether or not the mineral is rich enough to pay the working expenses. Experimental operation is sometimes permitted by Imperial order for the period of two years. If the result is satisfactory, the magistrate, under Imperial order, invites "wealthy merchants to take up the work of mining. Any "merchant" who desires to undertake the work has to go first to the office of the "Tow," or Lieutenant-Governor of the district, and exhibit such a sum of money as would be sufficient to carry out the work. After thus satisfying the Lieutenant-Governor, the merchant has to deposit the money with the magistrate, who issues a certificate against the deposit to the merchant. The magistrate then reports the case, stating the amount of the deposit, to the Viceroy, on whose grant the Financial Secretary of the province issues a license.

4. The Lieutenant-Governor has to give the magistrate a book, each sheet of which is divided into five continuous forms, in each of which the amount of daily output has to be inserted every day by the magistrate. One of the forms so filled up is to be cut off and sent to the office of the Lieutenant-Governor, one to be kept at the magistrate's office, and one to be given to the merchant. The remaining forms from the book are to be sent once a month to the Lieutenant-Governor for examination. Besides this, the magistrate has from time to time to report to the Viceroy and the Financial Secretary with regard to the progress and condition of the mining and the state of the finance and

revenue.

5. The daily output has to be stored away, and at certain intervals it is to be smelted under the joint superintendence of the official and merchant. The quantity thus obtained is to be entered in a stock-book each time, and the counterfoils of the book are to be kept respectively by the official and merchant.

6. A merchant may be allowed to undertake the mining of several mines, providing that such mines adjoin one another. As