The history of Nova Scotia coal-mining is stated to be as follows, viz. :-In the early part of the present century all the minerals of the Province were granted to the Duke of York, who transferred them to the London jewellers. Messrs. Rundle and Bridge, who sold them to the General Mining Association of London in 1827. The Company worked the mines extensively until 1857, when arrangements were made with the Government whereby the General Mining Association surrendered their claims except to certain large tracts in the various coal districts, and the public were allowed to open mines under leases from the Government.

The grants of land to the early settlers in the province of Nova Scotia contained no regular reservation of minerals. In some instances gold, silver, and precious stones only

Remarks.

The exclusive right of digging for and raising coal and other minerals is vested in the owner of the surface, but (except in cases where the owner has a right to mine without payment of royalty) he must obtain a license from the Crown before digging, to be granted subject to the payment of such royalties as the Governor in Council may think fit (surface mines not exceeding 2 ft. thick not subject to royalties*). (Consolidated Statutes of New Brunswick, 1877, ch. 18, ss. 4 to 7.)

The same remarks apply as in the case of Manitoba.

Surface owner or tenant entitled to compensation for land and easements.

were reserved; in other cases gold, silver, copper, lead, &c. were retained for a source of revenue to the Crown. After the agreement with the General Mining Association the Government passed an Act by which they retained in previous grants the gold, silver, coal, iron, copper, lead, tin, and precious stones, whenever reserved, and for the purpose of revenue made the above reservations in all future grants. This Act releases to the surface owner all gypsum, limestone, fireclay, barytes, manganese, antimony, &c., and any of the above reservations whenever they are not specified (as reserved) in the grant. A complete list is published of all the grants, and information as to every grant can be obtained at the Crown Lands Office.("Canada," 1889.)

Name.

Minerals.

Ownership.

Remarks.

Copper. Ironstone.

owner.

50 Vict., No. 18 (Western Australia) 1886.

Traces of gold, iron, plumbago, coal.

Antimony. Nickel. Coal.

The laws of New Zealand relating to mines (other than coal mines) are consolidated and amended by the abovementioned Act. By the provisions of this Act land in proclaimed mining districts is only to be sold by the Government, subject to special conditions. The Coal Mines Act, 1886 (New Zealand), 50 Vict., No. 31, provides for the leasing of coal mines (under Crown lands) by the Land Boards, and for the regulation and inspection of coal mines. By this Act it is provided (amongst other

Secretary of State for Foreign Affairs if his Lordship would cause them to be furnished with certain information which it is desirable they should obtain for the purpose of completing this inquiry. The Commissioners have had before them the reports by Her Majesty's representatives abroad on Mining Rents and Royalties and the laws relating thereto (Cominercial No. 7, 1887, presented to Parliament in April 1887), but they wish to obtain if possible either viva voce evidence from witnesses, or, in case that is out of the question, replies from experts upon the several heads which are enumerated in the accompanying memorandum. The countries as to which the Commissioners are particularly desirous of obtaining further information are Germany, France, Austria, Belgium, and Italy.

If any competent witnesses would be prepared to comto England to be examined by the Cominissioners, they would be glad to know the nature of the evidence which they could give, and to have an estimate of their expenses and of the honorarium, if any, which it would be proper to offer them, so that application may be addressed to the Lords of the Treasury for sanction to the expenditure.

I have been instructed to take to the Foreign Office the particulars of papers relating to the different countries referred to in the accompanying memorandum and to give any further explanation which may be required. I have the honour to be,

dead-rents, and wayleaves on coal, ironstone, iron ore, "shale, and other metals worked in the United Kingdom, "and the terms and conditions under which those

66

payments are made, and into the economic operation "thereof upon the mining industries of the country; and "further, to inquire into the terms and conditions under "which mining enterprise is conducted in foreign coun"tries by the system of concession or otherwise, and the "economical operation thereof." The Commission has for some time been engaged in taking evidence as to the amount of royalties in the British Isles and the conditions on which the same are paid. The evidence so obtained tends to show that, speaking generally, the chief characteristics of the English system appear to be as follows:1. The minerals (gold and silver not allied with lead or other base metal excepted) do not belong to the State, but to persons or corporations, who, in the majority of cases, are also the proprietors of the surface.

2. The proprietor does not in most cases work the minerals himself, but leases the right of taking the minerals to a lessee for a term of years varying from 21 to 42 years.

3. The lessee finds all the capital necessary for working the minerals.

4. The lessee pays a "royalty" on the mineral extracted, generally in the shape of so much per ton. The royalties on coal vary from 2d. to ls. 4d. per ton, on ironstone from 3d. to 10d., and on hematite iron ore, from 7d. to 3s. 9d. per ton.

5. The lessee undertakes to pay a fixed minimum rent, whether he works the mine or not.

6. The lessee is bound either to leave sufficient support for the surface, or to make compensation to the proprietor of the surface for the damage done thereto. He has no power to compel the proprietor or occupier of the surface to sell the surface to him. 7. If the lessee, who holds from one proprietor (A) takes a coalfield from another proprietor (B), he has no power to bring the coal from under B's land through the shaft that he has sunk in A's land. As a rule, A makes him a charge of one penny or more per ton for every ton of coal he brings up through the shaft on his land.

8. The lessee of a mine has no power to secure a rightof-way from his mine to a railway or port of shipment. He has to bargain with the proprietors of the land that has to be crossed over. The payment for this right-of-way is called an "overground or surface wayleave."

9. On the termination of a lease, the lessee has no legal right of renewal, and the mine reverts to the proprietor or lessor, but in general, there is in England a tacit understanding that leases are to be renewed to tenants of good standing.

10. There is no permanent council of mines to decide disputes that may arise between lessees or proprietors of minerals and the proprietors of the surface. 11. The miners in general are paid so much per ton, and are expected to put out a specified quantity as representing the average result of a day's work. 12. The wages of coal miners usually rise and fall with the price of coal, but not strictly in proportion to such rise or fall.

The Commission understand that, as a rule, on the Con tinent of Europe the right of mining is vested in, and is granted by, the State, and that the State, when granting a concession to work a mine, imposes a certain tax. As regards (name of country) the Commissioner have had the enclosed papers placed before them, but they are anxious to have the information contained therein confirmed and supplemented. The points on which it appears desirable to obtain evidence as regards coal and iron mines are as follows:

1. The steps to be taken by a concessionnaire in order to obtain a concession, and an estimate of the legal expenses incurred.

2. The terms and conditions on which the concession is granted; more especially

(a.) The amount of tax payable to the State, including the methods by which the

amount is calculated.

(d.) The right to a renewal of the concession on the expiration of the term.

3. The power of a concessionnaire to assign or sublet his concession: the conditions and terms on which any such lease or assignment is granted.

4. The powers of the concessionnaire as regards the surface.

5. The powers of a concessionnaire of a mine on land belonging to A to send the mineral over land belonging to B, so as to reach a railway or waterway.

6. The powers of one concessionnaire as regards a concessionnaire of an adjoining mine in respect of drainage and ventilation or underground passage.

7. To what extent are concessions commonly parted with by the original concessionnaires to other parties, and on what terms?

8. The incidence of taxes levied on mines for local or communal purposes.

9. The usual hours of working and the wages of miners, and the normal daily output reckoned for a day's

wages.

10. The wages and economic position of the miner in mines worked by the State as compared with his wages and economic position in mines worked by a concessionnaire.

11. The constitution and powers of the council of mines or of any State department controlling mining industry.

12. Generally the effect of the system in retarding or developing the mining industry.

2.

CIRCULAR TO H.M. REPRESENTATIVES, &c., BERLIN PARIS, VIENNA, BRUSSELS, AND ROME.

MY LORD,

Foreign Office, April 30, 1891.

Appendia C. I. Correspondence with the Foreign Office.

SIR, I ENCLOSE a copy of a letter from the Royal Com- Commercial, mission on Mining Rents and Royalties; it will be per- April 24th. ceived from this communication that the Commission wish to obtain oral evidence on the points mentioned in the printed memorandum; such evidence might be given either by Government officials, thoroughly cognizant of the questions, or by private persons whether proprietors, lessees, managers, partners, correspondents or agents in London, or other persons interested in mines. It is essential that the witnesses should be quite able to give their evidence in English. Should no oral evidence be obtainable, the Royal Commission wishes to receive written replies to the several questions; these should be prepared by experts and not by mere compilations drawn from laws on mining or other documents. I have to request your Excellency to make inquiries in any way that may appear Lordship

to you most advisable, and to report to me to what extent

These Notes, prepared by Mr. Oswald Walmesley, are printed, for greater convenience, at the beginning of the collection of papers relating to each country.

II.

NOTES as to the MINING LAWS in FRANCE, prepared and handed in by MR. WALMESLEY, and forwarded to the FRENCH GOVERNMENT in accordance with the request of the ROYAL COMMISSION.

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 of the School of Mines at Paris, is of opinion 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 nines 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 metallic and non-metallic, also bituminous substances, coals and pyrites, were subject to the disposition of the nation, in this sense only-that such substances could not be worked but 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 their own grounds to the depth of 100 feet without concessions. It also limited the term and areas for which concessions were to be granted 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 French Assembly, under the Emperor Napoleon I., after careful preparation and full discussion, passed the law which (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 1910 (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 1830, regulating the police of mines and the steps to be taken for the prevention of, or in cases of, accidents.

A law of the 27th April 1838 provided for a general system of contribution amongst concessionnaries in the event of the flooding of their mining district, and established the right of the administration to withdraw concessions 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 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 manufactories of iron, 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 des 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. Manufactories of iron 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 Arts. (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 on the subject of mines which is now in contemplation is referred to more fully hereafter.

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