relief such portion of the ore gotten and raised at such mine, under the level at which such relief may be given, as shall be determined by the Bar-master and Grand Jury.

Adminis

The great and small Bar-mote Courts are still held periodically, the former being concerned chiefly with questions relating to the mines, and the latter having concurrent jurisdictration tion with other Courts in trials of title, trespass, and and regu- debts within the district. There are various officials of lation. these Courts whose positions and powers are defined

by the Acts.

Miners' Relief Funds.

A few words may not be out of place with reference to the miners' accident and relief funds in this country, as this is a branch of the subject which does not appear to have been dealt with by any of the authors before referred to.

The establishment and administration of Permanent Societies for the relief of miners and their families in cases of accident afford good illustrations of the way in which the English people usually accomplish what is necessary in reference to mining matters by voluntary action without the necessity of special legislation; these societies (which are termed "permanent," to indicate that the period within which relief may be claimed in cases of accident is unlimited) have been founded at various periods, chiefly consequent upon the occurrence of great mining disasters within the last thirty years in the different mining districts of England and Wales, and have in recent years formed a Central Association, which aims at promoting their mutual interests without interfering with their management in detail. There are now in existence nine of these societies, having a total membership of over 295,000, possessing an annual income of over £259,000, and accumulated funds of over £480,000, provided mainly by subscriptions from the miners, supplemented to some extent by contributions from employers and other sources. In the year 1892 the societies provided for over 2,600 widows and 4,000 children, and dealt with over 38,000 disablement cases.1

The societies referred to are purely voluntary associations, though registered for the purpose of convenience of administration under, and therefore subject to, the general laws and regulations relating to Friendly Societies. It is, however, a somewhat curious fact that the establishment of the Permanent

Societies has been strengthened, and in one case at least promoted, by the passing of the Employers' Liability Act of

These particulars have been kindly furnished by the Secretary of the Central Association, Mr. George L. Campbell.

2 The Friendly Societies Act, 1875, 38 & 39 Vict. c. 60, and Reg. approved 8th December, 1875.

1880,1 as it seems to have been found that such societies afford a satisfactory basis upon which contracts may be entered into freeing employers from liability under the Act in return for employment and a contribution by the employer towards the funds of the Society which is to provide relief for the miner and his family in case of accident. Such contracts are claimed to practically secure to the miner by friendly agreement all the benefits which the Act was designed to afford him, free from the risk and irritation which is unavoidably incident to the compulsory enforcement of a remedy provided by statute.

Drainage of Mines.

In order to meet difficulties arising from the flooding of mines in South Staffordshire and East Worcestershire, Commissioners were appointed by 36 & 37 Vict. c. 150, amended by 41 & 42 Vict. c. 81 and 45 & 46 Vict. c. 131, under the title of "The South Staffordshire Mines Drainage Commissioners," and in exercise of the powers conferred upon them such Commissioners appointed arbitrators to survey the surface and mines within the drainage area constituted by the Acts, and to divide the same into drainage districts, and to report to the Commissioners on works necessary for surface and mines drainage and other facts, and to make awards as to various matters, including the rate required for the drainage of mines in each drainage district and the proportion of such rate to be borne by the several mines in each drainage district; such awards becoming binding after due notice and opportunity being given for hearing any objections. Power was also given to the Commissioners to execute and maintain works, to assess and levy rates, and to borrow monies for the purposes of the Acts.

IRELAND, SCOTLAND, ISLE OF MAN, &C.

The laws of Ireland and Scotland as to minerals are practically the same as those of England, but as to the Isle of Man the minerals (consisting chiefly of lead, copper, and zinc) under the customary estates, but not under the Bishop's land, belong to the Crown. This is, however, no real exception from the ordinary rule of the English law as to the ownership of minerals, as the mines in question were acquired by purchase from the Duke of Athol, in the year 1765, under the authority of the Statute 5 Geo. III., c. 26. The Channel Islands and other possessions of Great Britain in Europe are not known to contain minerals of any value, and do not possess any special mining legislation.

143 & 44 Vict. c. 42. Fresh legislation on the subject of Employers' Liability is now impending, which may shortly have the result of rendering the above remarks inapplicable to the actual legislation on the subject.

CHAPTER III.

FRANCE.

NOTES AS TO MINING LAW.

History of
Law as to

PREVIOUSLY to 1791 the law as to the ownership of mines in France appears to have varied in character at different periods. M. Etienne Dupont, Inspector-General of Mines and Professor at the School of Mines at Paris, is of opinion Mining. that originally the French law was based upon the Roman law, under which permission to work mines was granted to explorers on payment of one tenth part of the produce to the Imperial treasury, and one tenth part to the owner of the soil; that in the feudal times the rights of the Crown were split up, and, so far as concerns the mines, passed to the feudal lords; but that the kings gradually repossessed themselves of their regal rights in respect of mines, so much so that in the 15th century a chief superintendent of mines was appointed (by Louis XI.), having power to work mines or give others permission to work them, saving the indemnity payable to, and the right of preference given to the owners of the soil. Other variations of the law succeeded, and under a decision of the Privy Council of 13th May 1698, Louis XIV., notwithstanding his previous edicts, conferred on the owners of the soil the free right of working coal mines—a right which was withdrawn under Louis XV. in 1744, when coal mines were placed, like other mines, under the system of concessions or permissions. The concessions were not, however, previously to 1791 well defined nor well respected by the power which had created them, and the need of a general law of mines made itself felt. In 1781 four inspectors of mines and quarries were appointed, and in 1783 the School of Mines was established in Paris.

The law of 28th July 1791 (passed by the National Assembly of 1789) declared that mines, both metalliferous and non-metalliferous, and also bituminous substances, coals and pyrites, were subject to the disposition of the nation, in this sense only that such substances could only be worked by the consent of the nation, and under inspection. By this law the right of preference in obtaining concessions was given to the owners of the soil, who were also authorised to work mines in

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their own grounds to the depth of 100 feet without concessions. It also limited the term and areas for which mines were concessible to 50 years and 120 square kilometres respectively.

By the Civil Code of France (Art. 552) the owner of the soil was declared to be the owner of everything above and below, but subject to the laws and regulations relating to mines.

On the 21st April 1810 the law was passed under the Emperor Napoleon I., after careful preparation and full discussion by the Council of State, which law (with some modifications) still regulates the ownership and management of mines in France.

The preferential rights to concessions given to the owners of the soil by the law of 1791 no longer exist; but the law of 1810 (Art. 6) recognises a claim by the owner of the soil upon the produce of the mines to be regulated by the Act of Concession, and (by Art. 7) the concession confers a perpetual right which is capable of disposition and transmission like all other property, except that it must not be sold in lots or partitioned without a previous authorisation of the Government to be given in the same form as the concession.

By Art. 8 the mines and plant, &c., are declared to be immovable (corresponding with English real) property, whilst the extracted minerals, &c., are declared to be movable (corresponding with English personal) property.

It must not, however, be supposed that all the substances which in England are held to be included within the meaning of the word "minerals" are in France the subject of concession, and so practically reserved from the estate of the surface

owner.

The law of 21st April 1810 was supplemented by the three following decrees, viz.:

Decree of 18th November 1810, organising and regulating the duties of the corps of mining engineers.

Decree of the 6th May 1811, regulating the process of collection of taxes on mines (Ag. § 488, &c.) This was afterwards modified by two decrees of the 30th May 1860 and the 11th February 1874, having reference to the system of compounding for such taxes.

Decree of the 3rd January 1813, regulating the police of mines and the steps to be taken for the prevention of, or in cases of, accident.

A law of the 27th April 1838 provided for a general system of contribution amongst concessionnaires in the event of their mining district being flooded, and established the right of the administration to withdraw concessious under certain circumstances and subject to certain restrictions.

A law of the 17th June 1840 has reference to salt mines, which had not previously been brought within the provisions of the law of 1810.

A decree of the 23rd October 1852 forbade the union of different concessions of the same description without the consent of the administration.

A law of the 9th of May 1866 abrogated the provisions of the law of 1810 (Arts. 73 to 78), which had rendered it obligatory to obtain the previous permission of the administration to the establishment of furnaces, forges, or ironworks, and also the corresponding provisions of the same law (Arts. 59 to 67, 70, 79 and 80), which had made it obligatory upon the owners of minières and the concessionnaires of iron mines to keep the owners of furnaces (maîtres de forges) in their neighbourhood supplied with iron ore, and which had authorised the latter to work the minières in their neighbourhood if not sufficiently worked by the proprietors. Ironworks were in fact before 1866 specially protected industries; the law of that year made them free and brought them within the sphere of the ordinary economic law of supply and demand (Dupont, 440).

The law of 1810 was again modified by the law of 27th July 1880, which substituted a new text for certain Articles (11, 23, 26, 42, 43, 44, 50, 70, 81, and 82), leaving intact the numerical division and the principal features of the old law. The modifications made by the law of 1880 in effect bear upon the following points, viz.: reduction of the right of protection for dwelling-houses against the opening of new works; diminution of the length of inquiries relative to the institution of concessions; declaration of the mode in which the royalty payable to the owners of the surface is to be ascertained (Ag. § 282); regulation of procedure for occupation of land within the areas of concessions; the power of opening works for safety or communication outside the areas of concessions; extension of the power of official supervision over mines; regulation of the relations between parties simultaneously working mines and minières on the same bed of iron ore; and amplification of the provisions relative to the power of the administration in reference to carrières.

Further legislation which has recently been proposed on the subject of mines is referred to more fully hereafter.

The following table is intended to illustrate the classification of mineral substances according to the existing French law, with the rules as to ownership, &c., of the different classes :