MINING LAWS OF SEVERAL COUNTRIES. For a review of the mining laws of Mexico and Spain, see Report of the Public Land Commission and Testimony, February 24, 1880. PORTUGAL. The most ancient document that is known relative to mines is of the year 1210, during the reign of King D. Sancho I, and it had for its object the making of a donation of a tithe of the gold of Adiça to the Order of Santiago. There did not exist any general law. The mines belonged exclusively to the Crown, and they were worked by the King, or by private parties to whom by a special diploma permission was granted to mine. The concesssions thus made to private parties were always regarded as a privilege and a grace, which the King bestowed on his favorites. The privilege was always temporary, and the miners paid a royalty to the Crown, which generally was at the rate of the "fifth part" of the produce. King Duarte's Law (1433-1488.)-The above regimen lasted until the reign of King D. Duarte (1433–1488), the period in which the first mining law of Portugal was promulgated. By this law every one was allowed to work mines in any place. The miner paid a royalty of "two tithes" of the produce of the mine, whenever the same was located on lands belonging to the Crown; but if it was located on private property, the said impost was equally divided between the proprietor and the King. The miners paid besides that a certain entrance fee in order to obtain the grant, and a fixed annual tax. This law was not, however, rigorously observed, and the conditions imposed on the concessions were very changeable. The period of the concession was sometimes fixed, and again its terms were not defined. It seems that the new principle of the proprietor's participation in the profits of the mines was always preserved. King D. Manoel's Law, 1516.-The law of the King D. Duarte remained in force until 1516, the date at which the second decree on mines, known under the title of "Regimento de Ayres do Quental" was promulgated by King D. Manoel. The fundamental principle of King D. Duarte's decree was done away with entirely in this second law; the proprietor remained without any rights at all over the miner's interest; the mining prerogatives did remain with as much plenitude as in the time of the kings before D. Duarte. The proprietor had the right to demand indemnity for the damages caused to his cultivated fields, but was obliged to allow the cutting down of wood for the foundries, without any redress whatever. The impost continued to be a "fifth," but the miner was obliged to sell his metals to the King's stores at a fixed price, which was below the market price. Therefore, the imposts paid by the miner were far in excess of 20 per cent. of the production. This law retarded very much the development of mines. In the year 1557 a new decree was promulgated, which, without altering the fundamental basis of King D. Manoel's law, had the advantage of permitting the free sale of the metals; but later enactments restrained this faculty in regard to certain metals, the others remaining subject to forced sales. The tax continued to be a "fifth," but the fisc invented a new way to raise that impost; whenever a mine was bringing in profits the King could take a fourth himself, contributing towards its workings with proportioned expenses; so that the miner, besides paying an impost of 20 per cent. on the produce, found himself obliged to give to the King 25 per cent. of the net proceeds. Under such a regimen the mining interests got into such a deplorable state that further regulations promised premiums to any one who should discover any mines, but the demands of the fisc continued so severe that the premium, by itself, was not enough to promote the development of mines. With the purpose of reanimating this industry, almost extinct, "A General Superintendence of Mines and Metals of the Kingdom" was created in 1801, under whose immediate control the mines were explored, the government defraying all expenses. This new method was by no means productive of any better results, which was a defect of the system. At the end of this regimen there were to be found hardly four mines in operation-two of coal, one of antimony, and one of lead-of which only the coal mine of "S. Pedro da Cova" was able to realize any net profits, which were employed in assisting in the outlay of the others. The "General Superintendence of Mines and Metals of the Kingdom" did but prove once more how impossible it is for any industry to prosper under the management of any government. By an ordinance (potraria) of the 6th of August, 1836, a grant was given to the lead mine of Braçal, and the decree of the 25th of November of the same year, reaffirming said ordinance, put an end to the privilege which the State since the year 1801 had arrogated to itself of working the mines on its own account. But the decree of the 25th of November granted only the temporary use of the mines, the State reserving to itself the right of possession; the industry not finding, therefore, in the law sufficient guarantee for its own free development. The above law was kept in force till the year 1850, and during that period of 14 years only 35 mines had received concessions. The decree of the 25th of July, 1850, came to promote the creation of the mining property, consecrating the principle of concession for an unlimited period. The decree of 1836, to a certain extent, became completed by that of 1850; the former, by abolishing the privilege of the State, created the right to the mines; the latter created the mining proprietorship. This law lasted until 1852, and during this period no new grants were made. The decree of the 31st of December, 1852, adopting the fecund principle of the former and improving some of its regulations, opened a new era of prosperity to the mining industry. By accepting the basis of the French law of the 21st of April, 1810, this decree regulated the separation of the superficial and subterranean property, circumscribed the rights of the proprietors and of the grantees, and the discovery of mines found, in the decided advantages conceded to the discoverer, a very powerful incentive for its progressive development. The fundamental principles of the present law are the following: Every one who should discover a mine has the right to its grant, whether it be located in his soil or not. The proprietor of the soil is obliged to consent to the working of the mine. The miner is obliged to give the owner of the soil previous security for the indemnization of the damages he may cause. All grants are made for an unlimited period. The general conditions under which a grant is made, are: To keep the mine in active operation, carry on the labors with safety, and pay the imposts to the government. The impost is of 5 per cent. of the net product of the work. The owner of the land receives half the quantity paid to the government. The grant may be set aside, should not the grantee satisfy the conditions under which it was made. In such a case the property remains belonging to the State, and the government can grant it anew at auction. The objects of concessions are the deposits of metallic substances and the saline and combustible deposits. The area granted to the metallic mines is about 500,000 square meters, and for the combustible ones of 100,000. The law of the 31st of December, 1852, did evidently contribute very much toward the mining progress in Portugal; with all, this law could not fulfill the present requirements of the industry, and placed real impediments in its development. The mining industry of France is, as yet, being regulated chiefly by the law of the 21st of April, 1810; and in spite of the administrative regulations that followed in succession, and the laws that have successively improved the original one, the French operators never cease demanding new legislative reforms. Prussia, which adopted the law of 1810, forced by the pressing demands of the industry, substituted it with the one of June 24, 1865. England, which has successively reformed several times its law of the 10th of August, 1842, again, on the 10th of August, 1872, promulgated its last law, revoking all former legislation, and introducing all the requirements that the short experience of ten years, counting from the time of the last law, deemed necessary. Amongst us the experience of twenty years has shown us the defects of the law of 1852, and the necessity of its being reformed. A simplification of the process for obtaining the concessions; a more complete and much better defined creation of the mining property than at present; a clearer determination of the mutual relations between the concessionists and the land-owners; the organization of safeguards of the mines, clearly defining the administrative power and the relations between the administration and the grantees; the organization, so often asked for, of a new system of imposts, are many reasons for the reformation of the actual law. July, 1876. LAWRENCE MALHERO, M. E. AUSTRALIA. [From the work by Charles Robinson, Esq.] MINING LAWS AND HOLDINGS IN NEW SOUTH WALES. Under the Crown Lands Occupation Act leases are granted to all who apply for them of land not exceeding 320 acres, nor less than 40 acres, for coal mining lots, and not exceding 80 nor less than 20 acres for other mineral lots, for the purpose of mining for any mineral excepting gold, at a yearly rental of 58. per acre, the leases not to exceed fourteen years, but to be renewable at the end of that time for fourteen years more. Lessees have to spend at the rate of £5 an acre during the first three years of their leases. They can throw up their leases at any time by giving three months notice to the minister of lands; or can convert them into mineral purchases on payment of £2 per acre, and making improvement to the value of £5 per acre. GOLD LANDS, HOW TAKEN. The regulations of the government are conceived in the most liberal spirit, and while they protect the miner to the fullest possible extent, they at the same time insure the freest scope to his industry. The gold in the soil is the property of the Crown; and before any man can take it he must get what is called a "miner's right." This authority to dig or mine for gold is given to all who apply for it. It costs ten shillings a year, and entitles its possessor to take up ground upon any gold field to the extent of from 60 feet by 60 feet to 114 feet by 114 feet, according to the class of mining pursued upon the particular field. If a man wants to open a quartz mine he can take up fifty feet along the line of reef (vein), with a breadth of 100 yards on each side. His miner's right also entitles him to occupy half an acre of land for his dwelling upon any proclaimed gold field, and to vote for the election of a member of Parliament. All these privileges any man may enjoy in New South Wales for 108, a year. The miner is not restricted to one claim; he can take up a hundred if he likes, by virtue of his right; but then he must keep men at work upon them, and every man he so employs must also have the "right." This is not all. The miner can take up sluicing (placer) claims to the extent of ten acres; and if this be too circumscribed an area he may by the payment of £1 per acre per annum take out a lease of alluvial or quartz ground for any number of acres not exceeding twenty-five in one block (and as many twenty-five acre blocks as he pleases), or of river beds to the extent of 1,000 yards, on payment of a yearly rental of £1 for every 100 yards so taken up. To prevent monopoly, however, and to protect the interests of the miners as a body as well as of the State, the regulations provide that the miner shall forfeit his claim or his lease if he fail to work it. There is an export duty on gold of 18. 3d. per ounce. INDEX. A. Page. Acquisition, by purchase, conquest and treaty, of territory to national and pub- 89-145 Acres and location of entries under homestead act since 1862....... 350 under desert-land act.... under timber-culture act Administration of the public lands, system of.. Agents, special, for timber service, results of labor of.... Agricultural lands, area of, remaining.. 363 361 164 358 22 State of, population at periods, Territorial organization, convention to Alaska, purchase of, from Russia. (See Russia).. boundary of............. cost of, per acre.. mineral probabilities of..... survey and examination of, suggested status of, legislation as to..... private land claims in Annapolis, meeting of commissioners from colonies at Annexation of Republic of Texas, and present location of territory embraced in.. 426 138-145 3-9 21 325 27 457 409 58 124 Mexico purchase of 1853 (Gadsden), cost and present location.. 138 Page Area of Mexico purchase of 1848 (Guadalupe Hidalgo), cost and present loca- Russia purchase of 1867 (Alaska), cost and present location.. 134 145 135 124 10,11 "public land strip" 462 precious metal and mining lands on public domain..... 325 258, 260, 257 railroads.... confirmed private land claims in California.... all private land claims or grants, patented or unpatented... 269, 267 321 409 295 remaining public lands in Southern States June 30, 1880 agricultural lands remaining.... Arizona, Territory of, when organized, legislation as to list of private land claims in, reported to Congress..... no statute of limitation as to private land claims in..... Assistant Attorneys General for Interior Department, list of. 165 Asylum, Deaf and Dumb, of Kentucky, grant to... 212 Attachment of railroad rights to lands granted.. 290 |