The Concessionnaire shall transmit to the Prefect in the form and at the time which shall be named to him the list of the workmen, that of the produce extracted during the preceding year, and a detailed declaration of the net produce of the works liable to tax. (The prescription relating to the declaration of the net produce liable to tax does not apply to salt mines.)

Art. J.-(Special to cases in which a proportional rent is stipulated in favour of the landowners.) The plans and books mentioned in the preceding article shall contain an indication of the ground properties under which the working takes place.

Art. K.-(Special to cases in which the deposit lately conceded extends under grounds already conceded for the working of a mine of another kind.)

The Concessionnaire shall be bound to allow all the openings which may be made for the working of the mines of

by the Concessionnaires of these mines, or even a passage through his own works, if it be found necessary, in return for an indemnity which shall be fixed by mutual consent or by experts.

In case of dispute as to the necessity or utility of these works, the Prefect shall decide on the report of the Engineer of Mines, the parties having been heard.

Art. L.-(Special to the case in which the deposit lately conceded should extend under grounds already conceded for the working of a mine of another kind.)

If the working of the deposits the subject-matter of this concession shows that they approach the subject-matter of the concession of the Concessionnaire shall only be allowed to work such part of the deposits the extraction of which shall be found to be without prejudice to the mines of the concession of situated in

the vicinity.

In case of dispute on this subject, it shall be decided by the Prefect as is stated in the preceding article, and the Concessionnaire shall be obliged to comply with the measures prescribed by the Administration in the interest of the proper working of the two substances.

Art. M.-If the deposits to be worked in the concession of extend out of this concession, the Prefect can order according to the report of the Engineers of Mines, the Concessionnaire having been heard, that a barrier should be reserved untouched in every deposit near the limit of the concession to prevent the workings from being put into communication with those that would take place in a neighbouring concession, and be prejudicial or the other of the mines. The thickness of these

barriers shall be determined by the order of the Prefect, who will regulate the reserve. The barriers shall only be cut through or worked in case the Prefect, after having heard the Concessionnaire interested, and on the report of the Engineers of Mines, shall have authorised the work and directed the way in which it is to be executed. In case the usefulness of these barriers should have ceased, a decree of the Prefect will permit the Concessionnaire to work the part which belongs to him.

Art. N.-In case it should be considered necessary to execute works with the view of putting into communication the mines of two concessions for ventilation and for drainage, or to open means of ventilation, drainage, and assistance to the neighbouring mines, the Concessionnaire shall be obliged to permit the execution of such works, and to participate in them in a proportion of his interest.

These works will be ordered by the Prefect on the report of the Engineers of Mines, the Concessionnaire having been heard.

In an urgent case the works may be commenced on the simple requisition of the Engineer of Mines of the Department, according to the Article 14 of the decree of 3 January 1813.

Art. O.-If some deposits of other foreign minerals than those included in the area of the concession of are legally worked by the owners of the soil, or become the subject of a special concession granted to third parties, the Concessionnaire of the mines of shall be bound to permit the works which the Administration may judge to be useful to the working of such minerals, and even, if it is necessary, give free passage through his own works in return for an indemnity, the amount of which would be determined by mutual agreement or by experts.

Art. P.-(Special to mining concessions in Algeria.)

The Administration guarantees to the establishments of the Concessionnaires, of which the sites and plans have been fixed between them and the military services, the protection which it grants to all the establishments of settlers.

If the sites and plans fixed necessitate special defensive works, these works will be executed at the expense of the Concessionnaire. The Concessionnaire must provide the barracks for a garrison to be determined on the demand of the Concessionnaire if the military authority judges this garrison to be indispensable. In the case provided for by the preceding paragraph, the general commanding the division of or his delegates will be judges of the expediency of the measures to take from a military point of view.

CHAPTER V.

FRENCH

COLONIES.

NOTES AS TO MINING LAW.

ALGERIA.

A LAW of the 16th June, 1851, upon the constitution of property in Algeria declares (Art. 5) that the mines and minières are governed by the legislation of France; and it may be observed that the model Form of Act of Concession before set out contains an article (Art. P) specially applicable to concessions of mines in Algeria.

FRENCH GUIANA.

By a decree of April, 1858, the French mining law of 1810 is specially applied to French Guiana with certain exceptions, e.g. a simple decree, in place of a decree delivered in the Council of State, is sufficient for the granting of a concession or any similar measure in French Guiana; whilst various substitutions of officials and other modifications of the actual French law have been introduced in order to adapt it to the requirements of the colony. Special regulations were also established in 1881 and 1882 with respect to searches for and working of gold, which is the staple mineral product of the colony. These regulations bear a strong resemblance to the Gold Ordinances of Dutch Guiana (referred to p. 209 post); but the permissions to explore and to work in French Guiana are limited to areas of 5,000 hectares, and permissions to work are granted in the first instance for a period of nine years only, which period is, however, renewable indefinitely. The permissions to work also involve the payment of fixed and ad valorem royalty taxes, to be fixed each year for the following year by the Governor.

NEW CALEDONIA.

The colony of New Caledonia, which appears to be possessed of considerable mineral wealth (in nickel, copper, cobalt, antimony, &c.), has, following the example of its neighbours in

Australia, made frequent alterations in its mining legislation in recent years. At present the subject seems to be regulated by a decree of the 22nd July, 1883, which assimilates the law of the colony to that of France, although some discrepancies still exist, attributable to differences of situation, organisation, established rights and customs, &c. A somewhat special feature of the law also is that if mines are not being actively worked (that is to say, employing at least four workmen per 100 hectares) they are to pay a tax of 10 francs per hectare instead of the tax of 3 francs per hectare payable by mines that are being actively worked, under risk of forfeiture for non-payment of the tax.

FRENCH POSSESSIONS IN INDIA.

A decree of the 25th November, 1884, which regulates the law as to mining in these possessions, is understood to be modelled upon the decree of 1883 for New Caledonia.

TUNIS, ANNAM, TONQUIN, &c.

The general principles of the French mining legislation are gradually being applied to Tunis, Annam, Tonquin, &c., over which France has assumed a protectorate.

CHAPTER VI.

GERMANY.

NOTES AS TO MINING LAW.1

THE old German mining law seems to have depended on a History of variety of laws, regulations, and customs which together the Law as made up what is known as the "Common German to Mining. Mining Right" (Gemeines Deutsches Bergrecht).

This common German mining right seems to have combined the principle of possession by the first occupant with the right of the Crown to grant concessions, and to impose a tax on the produce of the mines. As regards the proprietors of the soil the regulations were very diverse. Some gave nothing to the owners of the soil; others gave them a certain proportion of the produce; others gave them the right to certain shares in the adventure (Erbkuxe). The greater part of the regulations gave a certain proportion to schools and churches as well as to relief funds (Freikuxe).

The existing state of mining legislation results from various codes or laws drawn up at different dates in the present century, the principal of such laws being the Prussian Mining Law of 24 June 1865, which is said to be rather a consolidation of old laws than a new law properly speaking, and which has been adopted more or less completely by twelve out of the twentysix States constituting the Empire of Germany, and which twelve States are said to comprise eight-ninths of the surface and nine-tenths of the mineral production of the whole Empire. These States are Alsace-Lorraine, Anhalt, Bavaria, Brunswick, Hesse-Darmstadt, Prussia, Reuss (younger branch), Saxe-Altenburg, Saxe-Coburg-Gotha (but for Gotha only), Saxe-Meiningen, Waldeck Pyrmont, and Wurtemberg.

Three States, the Kingdom of Saxony, the Grand Duchy of Saxe-Weimar, and the Principality of Schwarzburg-Sondershausen, follow another type of legislation which is adopted from the legislation of the first-mentioned of these States.

E

1 The writer wishes to acknowledge the assistance he received in the preparation of this set of notes from Herr Abels, one of the Royal Inspectors of Mines at Saar-bruchen, in Germany.