Page images
PDF
EPUB

275

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small]

14. Notes on Mining and the Law as to Ownership of Minerals in India and the Colonies

Page

[ocr errors]

275

276

[ocr errors]

282

[ocr errors]

285

290

·

292

[ocr errors]

301

·

302

[ocr errors]

304

306

[ocr errors]

307

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

The following digest of information relating to foreign and colonial mines referred to in the evidence given before this Royal Commission on the 5th March 1891, has, by the courtesy of the Commissioners, been allowed to be revised shortly before the date of this present Report, and, on such revision, to be altered and amended, having regard to the remarks made by two of the witnesses, viz., Mr. John Bramston, C.B., and Mr. R. W. Raymond, and to corrections or suggestions which had been made from various quarters, and to numerous alterations or amendments of mining laws which have been made, especially in some of the colonies, since the digest was originally compiled.

By way of preface to the digest or notes it may be convenient to explain that, from the investigations which I have made, it appears that in nearly every country, except England and those countries which have followed her system of legislation, there exists a special and extensive mass of legislation on the subject of mining, differing as between the various countries, and often as between different portions of the same country, in details and sometimes in principle. On careful examination, however, it is found that the differences in principle are more apparent than real, and that all the important legislations connect themselves more or less with certain principal types, which are themselves distinguished from one another by sufficiently distinct characteristics. These legislations have grown up by degrees in the different countries, being based in most cases upon custom supplemented by the written law; but they have to a great extent been put into shape and expanded during the present century-a fact which is probably attributable in great measure to the immense development of mining which has followed upon the general adoption of steam-power and the establishment of railways. The principal types before referred to are, it seems to be generally admitted, capable of being reduced to three.

A. The first of these is spoken of by French authors as the system of "accession," under which (as in England, except as regards royal mines) the minerals accede to or go with the ownership of the surface.

B. The second is called by the French authors the "domanial" system, under which the mines belong to the

State, with the right of working them itself, or of disposing of them to the highest bidder as it thinks proper. This system prevails in parts of Italy and in Luxemburg.

C.-The third system is called by the French authors the "regalien" system, and is that system under which the State does not work the mines itself, or dispose of them to the highest bidder, but confers the privilege of working and the property in the mines upon certain persons, who must deal with the mines under established regulations and pay a tax to the State. This is, in fact, the system of "concession," which prevails in France and most of the other countries of the European continent. There are, however, various subdivisions of the last-mentioned system, depending upon the mode in which the concessions are granted.

1. AS REGARDS THE PERSON TO WHOM THEY ARE GRANTED—e.g., the discoverer (as in Germany), the first applicant (as in Spain), at the discretion of the Government (as in France), or the owner of the surface having a right of preference (as in Belgium and parts of Italy).

2. AS REGARDS THE PERIOD FOR WHICH THE CONCESSIONS ARE GRANTED—e.g., in perpetuity (as in France), or for terms of years (as in Turkey), or

3. AS REGARDS THE SUBSTANCES TO WHICH THE CONCESSIONS EXTEND-e.g.,

(a) To all the substances reserved from the ownership of the soil within the area to which the concession extends (as in Spain and Austria), or (b.) To the substance specified in the act of concession alone (as in France and Germany).

And there are many other differences which may, perhaps, be considered rather as constituting differences of detail than of principle.

The differences which are admittedly only differences of detail, are also very numerous and important.

It is proposed in the following notes to set out under separate headings the principal distinctive features of the different legislations, so far as they are likely to be of use or interest in considering the points which come within the scope of the present inquiry, preluding the notes with reference to the existing legislation of each country, wherever the materials for such a purpose are available, with a short sketch of the HISTORY OF THE LAW AS TO THE OWNERSHIP OF MINES in such country.

Appendix D.

Notes on the Mining Laws of India, the Colonies, and Foreign Countries, revised by Mr. Walmesley.

It is then proposed to give (in tabulated form where possible) particulars of THE MODE IN WHICH MINERAL SUBSTANCES ARE CLASSIFIED in each country, showing in whom the ownership of each class is vested, and to whom taxes or royalties (if any) are payable in respect of each class. From these tables it will be amply apparent that the substances which lie beneath the soil are not on the Continent, as in England, all usually subject to the same ownership, or incidents of ownership, but are divided with respect to ownership in a great variety of ways, both as regards the heads of division and as regards the mode in which the various substances are allotted under such heads. It is proposed in these tables to show to whom rents or royalties or other taxes or impositions in the nature of rent are payable; and it will be seen from this portion of the notes that in many cases, even under the system of concession, payments are made to the owners of the surface, in addition to all sums payable for compensation in respect of occupation or damage.

The subject of SEARCHES FOR MINES is next proposed to be dealt with, and in this respect again it will be seen that there is great difference between the different systems; in some cases (as in Germany) the right of search being open to every one who will indemnify the surface-owner against damage; in other cases (as in France and Belgium) no one except the owner of the surface being allowed to make the searches, without the consent of such owner or the authority of the mining administration; and in other cases (as in Austria-Hungary) not even the owner of the surface being allowed to search for the mines which are reserved from the ownership of the soil, without the permission of the mining authority. There are many further differences as to the conditions on which searches may be made.

It is then proposed to describe in respect of each country in which the system of concession obtains THE MODE IN WHICH AND THE PERSONS BY WHOM CONCESSIONS MAY BE OBTAINED, THE CONDITIONS ON WHICH THEY MAY BE OBTAINED, AND THE MODE IN WHICH THEY MAY BE WORKED UNDER, DEALT WITH, UNITED, DIVIDED, SURRENDERED, OR FORFEITED. Instances will be given illustrating the mode in which concessions are dealt with by sale or lease. Most of these instances are taken from: published particulars of English limited companies which have acquired concessions of mines abroad it being found difficult to obtain many particulars as to private arrangements), but many of them have been supplied by parties who have been actually interested in the dealings specified.

THE MODE IN WHICH AND THE CONDITIONS UNDER WHICH THE RIGHT TO WAYLEAVES, BOTH INSIDE AND OUTSIDE THE AREAS OF THE CONCESSIONS CAN BE ACQUIRED, will then be noticed. Particulars will then be given with respect to each country of the provisions of the law with respect to INSPECTION AND REGULATION OF MINES, and of the arrangements which are usually made, whether compulsorily or otherwise, for the RELIEF OF WORKMEN in case of accidents, &c.

Some slight description of the CONSTITUTION OF THE MINING AUTHORITY OR ADMINISTRATION in countries where such an administration exists will also be given, and GENERAL OBSERVATIONS will be offered, where they appear to be called for, with reference to the systems existing in the different countries.

THE AVERAGE HOURS OF WORKING BY AND THE RATES OF WAGES PAID TO THE DIFFERENT CLASSES OF WORKMEN EMPLOYED ABOUT MINES will also be stated, where materials for the purpose are available.

It may be observed that with the view of restricting these notes within reasonable limits, those countries only have been dealt with which from the value of their mining wealth, and the consequent opportunity afforded to them of competition with England, seems to deserve special notice. As regards India and the Colonies, many of which possess separate mining codes and administraions, it has only been considered necessary to make a sort of index for reference, which was prepared some time since, but which has been corrected so far as possible up to the date of the other notes.

Much of the information given in the following notes has been collected from the French and Belgian textwriters, whose names and works (referred to by abbreviations as below) are as follows, viz. :—

[blocks in formation]
[merged small][ocr errors][merged small][merged small][merged small][merged small]

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, InspectorGeneral 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 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 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 law was passed, under the Emperor Napoleon I., after careful preparation and full discussion by the Council of State 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 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. ar declared to be immovable (corresponding with Englion real) property, whilst the extracted minerals, &e. are declared to be movable (corresponding with English personal) property.

History of law as
mines.
to ownership of

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 regu. lating 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, accidents.

A law of the 27th April 1838 provided for a general system of contribution amongst concessionnaires 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 of the same description without the consent of the administration.

A law of the 9th of May 1866 abrogated the provi sions of the law of 1810 (Arts. 73 to 78), which had rendered it obligatory to obtain the previous permis. sion 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

[blocks in formation]

Notes on the

mines to keep the owners of furnaces (maitres des Appendix I). forges) in their neighbourhood supplied with iron ore, and which had authorised the latter to work the minières in their neighbourhood if not sufficiently Mining Laws worked by the proprietors. Manufactories of iro of India, the were in fact before 1866 specially protected industries; Foreign Colonies, and

the law of that year made them free and brought them Countries, within the sphere of the ordinary economic law or revised by Mr. supply and demand (Dupont, 440). Walmesley.

:

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 dwellinghouses 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 classification of mineral substances according to the existing French law, with the rules as to ownership, &c. of the different classes :-

IN FRANCE.

CLASSIFICATION OF MINERAL SUBSTANCES.

Ownership.

In concessionnaire, or his assigns.

Can only be worked by virtue of an Act of Concession from the State, which vests the property in the concessionnaire for ever, but with power to dispose of and transmit the same like all other property, except that it cannot be sold in lots or divided without the consent of the Government given in the same form as the concession.

To whom Taxes or Royalties payable.

Partly to the owners of the surface. The royalties payable to the owners of the surface are sometimes proportional to the yield, sometimes fixed, and sometimes partly fixed and partly proportional. They are generally known as "Redevances trefoncières," being regulated by the Acts of Concession.

Partly to the Government. The taxes payable to the Government are partly fixed and partly proportional to the yield, and in addition 10 per cent. on the amount of the taxes is to be paid towards a fund in favour of unproductive mines, so as to permit a reduction of the tax in the case of proprietors of mines who have experienced losses or accidents.

Remarks.

The royalties payable to the Owners of the surface are regulated under Arts. 6 and 42 of the law of 1810, mcdified as to Art. 42 by the law of 27th July 1880. The Taxes payable to the Government are regulated by Arts. 33 to 36 of the law of 1810.

[blocks in formation]
[blocks in formation]

*By a law of 17th June 1840, salt mines and salt springs are added in some respects to the category of mines, but the tax is much higher, viz., 10 frs. per 100 kilos, or about 7s. 6d. per cwt., with a minimum payment for 500 tons each year (Ag. II., 109). Ironstone or ore lying in seams, beds, or lumps would also be comprised within the term minières, so long as it could be worked by open workings (Dupont, 431). This arises from the construction of Arts. 69 and 70 of the law of 1810.

Appendix D.

Notes on the Mining Laws of India, the

Colonies, and Foreign Countries, revised by Mr. Walmesley.

Royalties

payable to the owners of the surface.

Surface land occupied or damaged.

Both minières and carrières are subject to the usual licence fees ("patente") payable in respect of all trades and professions. These fees differ in amount according to different classes of trades and professions, and in the case of the working of minières consist of a proportional annual tax of one twentieth on the value of residences only, and of fixed taxes of 5 francs for each undertaking, and 4 francs for each workman. In the case of turf workings the tax in respect of each working is only 2 francs. In the case of carrières the proportional tax on residences is also one twentieth of the value, and the fixed tax is 5 francs for each undertaking, and 2 francs for each workman (Dupont, 454 and 487).

Mines, on the contrary, are not subject to licence fees (Art. 32). This exception is confirmed by Art. 17 of the law of 15th July 1880, but only applies when the minerals are sold raw without any smelting, &c.

1. Proportional to the yield.-These appear to vary according to the custom of district.

In the coal mines in the basin of the Loire they amount to one-fourth of the gross produce in the case of open workings, and vary from one-sixth to onetwentieth on the gross produce in the case of workings by pits, according to the depth of the pits for seams of two metres thick, and are reduced by one-third to three-fourths for seams varying from less than two metres to less than one-half a metre in thickness. They amount in practice from about 3d. to 7d. per ton, but there are cases in which from fr. 1.75 to fr. 1.85 (equivalent to from 1s. 5d. to 18. 6d. a ton have been paid on a production of 350,000 tons (F. G., vol. I., p. 428).

In the basin of the Aveyron the royalties are reserved on a different scale, said to be much less in practice than the rates above mentioned.

In iron mines the royalty varies from 1d. per metric quintal (i.e., about 18. 8d. the ton) to about ad.* the ton, and in other cases from about 11d. to about 7d. the cubic metre (Dupont, 140-2).

2. Fixed. These, which appear to be the most usual form of royalties, seem to vary in amount to a great degree, e.g., from 300 francs per hectare (2:471 acres) or about 51. an acre (in the case of the Salt Mines de L'Est) down to d. per hectare (Iron Mines de Rancie); but it is said that royalties of from d. to d. per hectare are by far the most frequent rates (Dupont, 142).

3. Partly fixed and partly proportional, which vary from about 1d. per acre and 2 per cent. on the produce to about d. per acre and 1d. per ton of the mineral extracted (Dupont, 113).

These royalties payable to the owners of the soil are altogether independent of the indemnity payable to them in respect of occupation of and damage to the surface, which are provided for by Arts. 43 and 44 of the law (as modified in 1880).

The principle on which the royalties payable to the owners of the soil are fixed by the Government in the different districts is not very clear; but it is understood that regard is taken of custom, local usage, prescriptive rights, and precedents of all kinds, the fact or the absence of previous mining operations, special circumstances as to the position of the mines, &c. (F.—G., vol. 1, 428).

The owner of the soil has also the right of being heard by the Council of State before the amount of the royalty is fixed (Arts. 6 and 42 as modified in 1880); but when once the amount is fixed by the Act of Concession it overrides any agreement previously made between the owner of the soil and the concessionnaire (Dupont, 147); but the same rule does not apply to agreements as to royalties come to subsequently to the Act of Concession, but even such agreements may be nullified by the ordinary tribunals (Dupont, 151).

In addition to the royalties provided to be paid to the owner of the soil, he is entitled to be indemnified in respect of land occupied for the purpose of, or damaged by, the searching for (Art. 10) and working of mines (Arts. 43 and 44 as modified in 1880).

The concessionnaire may be authorised by a decision of the prefect of the Department in which the mine is situate to occupy within the boundaries of his concession the ground necessary to the working of his mine, the smelting of minerals, or the washing of coals, and also for the construction of roads and of railways when the latter do not alter the surface of the ground; but the

This is so according to Dupont, who puts the lowest tonnage royalty at 8 centimes, but gives no examples. In another author examples are given in which the lowest royalties for iron are 70 and 80 centimes the ton (Ag., vol. I., p. 256).

owners of the surface must have been called upon to state their objections. In such case, or in case of occupation by the permission of the Government for searches, the indemnity due to the owner of the surface is fixed at double the net produce of the damaged ground if the occupation is only temporary, and if within one year the land may be cultivated as before the occupation. If the occupation lasts more than one year, and if after the occupation, the ground cccupied cannot be cultivated as before, the owner of the surface has the option to oblige the mine owner to purchase it at double the value it ha before the occupation (Art. 43 of law of 1810, modified by law of 27th July 1880).

As regards canals and railways which can not be constructed within the boundaries of the concession without altering the surface of the ground, and also as regards the canals, railways, necessary roads and works of vital importance to the mine outside the area of the concession, a decree made in the Council of State may declare them to be works of public utility, and the law of expropriation of 3rd May 1841 may be brought into operation (Art. 44 of the law of 1810, modified by law of 27th July 1880).

Questions arising on the subject of the indemnity have to be dealt with by the civil tribunals, but may be referred by agreement to arbitration (Art. 43 as modified in 1880).

In addition to the indemnity for land occupied, the owner of the surface can also obtain compensation for depreciation of adjoining land (Dupont, 170), but there is nothing to prevent concessionnaires and surface owners from coming to mutual agreements with respect to surface damage in substitution for the statutory indemnity (Dupont, 171); and the owner of the soil has a right to be heard before land can be occupied by virtue of an order of the prefect for the searching for, or working of, mines (Dupont, 172).

The owner of the soil is also entitled to compensation for any damage to the surface through working the mines other than by occupation (e.g., by subsidence), but in this case the measure of damage is the actual loss suffered, instead of double the value of the land (Dupont, 174, and Art. 1382 of the Code Civil are applicable).

He has also the right to have security from the concessionnaire against damage to inhabited places (Art. 15, and Dupont, 196).

The fixed tax is payable annually according to the extent of the concession, and is at the rate of 10 francs for the square kilometre (Art. 34).

This fixed tax is payable in respect of each concession of mines under the same surface, so that it may be payable several times over in respect of the same surface where there are concessions of different beds of mines one above the other (Dupont, 216).

It also continues payable, whether the mines are worked or not, until the granting of a decree of renunciation of the concession.

The proportional tax is fixed each year by the budget of the State, but is not to exceed 5 per cent. on the net produce (Art. 35). The centimes additionals raise the rate to 55 per cent.

Reductions or remissions may, however, be and are frequently made in the rate of payment (Dupont, 243, 247), and considerable allowances are made in estimating the expenses to arrive at the net produce (Dupont, 260).

Dupont gives the total result to the Government for 1878 (omitting fractions) as follows, viz. :

[blocks in formation]

Fixed and proportional taxes payable to the Government.

Searches for mines.

Concessions.

Form of Act of Concession.

The concessionnaires of mines are also subject to ordinary general taxation, including the impost of 3 per cent. per annum on profits of companies established under the law of 29th June 1872 (Dupont, 272).

No one but the proprietor of the soil can search for mines except with the consent of the proprietors, or by the authorisation of the Government, which is not to permit of searches, &c. within walled-in grounds, or in courts and gardens, or of pits, &c. being opened within 50 metres of habitations or walled-in grounds, without the consent of the proprietors. The proprietor himself can make searches in any part of his property without authority, but must not work without a concession (Arts. 10 to 12). In case of searches by the authority of the Government the proprietor of the soil has a right to an indemnity, payable beforehand (Art. 10).

Any person, whether a naturalised Frenchman or not, acting by himself or in partnership, may demand and obtain a concession (Art. 13), if he proves that he has sufficient means to undertake and carry on the work, and to satisfy the taxes and indemnities imposed upon him by the Act of Concession (Art. 14); and in case of his working under habitations or under other mines in course of working or in their vicinity, he may be called upon to give security for compensation in case of damage (Art. 15).

The Government is free to choose between the various parties seeking for a concession of the same mine; but if the discoverer of the mine does not obtain the concession, he is entitled to an indemnity from the concessionnaire, to be regulated by the Act of Concession (Art. 16).

The demand for a concession is made by petition to the prefect of the Department in which the mine is situate, accompanied by a plan of the surface (Art. 30), and particulars of any negotiations with the surfaceowner on the subject of his rent (Dupont, 89). It must then be advertised and published for at least two months in a prescribed manner (Art. 23, as modified in 1880). Opposition or concurrent applications may be lodged with the prefect (Art. 26, as modified in 1880).

This is composed of two distinct parts, viz., the decree and the list of conditions ("cahier des charges "). A form of an Act of Concession is given below, from which it will be seen that the first part of the Act of Concession, the decree, sets out the names and descriptions of the concessionnaires and the nature and situation of the minerals conceded, and fixes, so far as may be, the royalties or indemnities payable to the surface-owner and the discoverer (if any), and refers to certain general provisions of the law with reference to the taxes payable to the Government, the right of inspection and regulation, the consequences of undue delay in working, the power of abandonment, &c. In the second part, the list of conditions, are set out certain special conditions as to the mode of working the mine and otherwise to which the particular concession is to be made subject. These conditions include the fixing of signs showing the boundaries of the concessions, the preparation and return to the prefect of plans and sections showing the manner proposed for working the mines, and the annual furnishing to the prefect of plans and particulars of the workings in the previous year, and other conditions which may be said to be of a more general nature with reference to the powers of the prefect to order and determine the thickness of barriers to be left, and to determine what works may be necessary in communication with other mines for ventilation and drainage, and specifying the rights of proprietors of other minerals within the same area to which the concession is made subject.

The demand, having been registered at the prefecture, is examined and reported on by the Goverument engineer of mines (Duport, 72), who must satisfy himself that it conforms with the regulations. The papers are then transmittel to the Inspector General of Mines, who examines thera closely and reports to the Council General of Mir:e3 (Dupont, 101).

Appendix D Notes on the Mining Laws of India, the Colonies, and

The Council General considers the project of concession, and transmits it with the opinion of the Council to the Minister of Public Works, by whom it is examined, and modified if necessary. It is then transmitted to the Council of State, and first submitted to the consideration of the Committee of Public Works; then it is considered by the Council in General Foreign Assembly, and afterwards a concession may be granted Countries, by a decree of the President of the State (Dupont, 102). Until the granting of the decree all opposition is admissible before the Minister of the Interior or the Secretary General of the Council of State (Art. 28).

One concessionnaire can obtain several concessions, but on condition that he proceeds actively with the working of each.

revised by Mr. Walmesley.

[blocks in formation]

The following are some examples of sales :

The concession of Hasnon, in the Nord, granted in 1840, together with certain shares in the adjoining concession of Vicoigne, were purchased in 1843 by the Company of Anzin for 600,000 frs. = 24,000l. (Vuill. 55.)

The concession of Douvrin, in the Pas-de-Calais, granted in 1859, was purchased in 1873 by the Company of Lens for 500,000 frs. 20,000l. (Vuill. 110).

The concessions of Pierrefitte, Heas, and Garvanie, Palouma and Arau, in the Hautes Pyrenées, France, of mines producing silver, lead, and zinc ores (blende) within an area of 17,000 acres, held from the French Government at a fixed rent of about 40l. per annum, were sold in 1887 to the New Pierrefitte Mining Company, Limited. The purchase money was 23,2147., payable as to 2,000l. in cash, and as to 21,2147. in fully paid-up shares.

A case is given of a lead mine at which from 180 to 200 hands are employed, in which a French contractor has taken over the working of the concession on terms equivalent to the payment of a rent of 1,000l. for one year, at the end of which time the mines are to revert to the concessionnaire unless a fresh arrangement is come to.

The Rodez Collieries, Limited, was brought out in London in the month of February 1891, having been formed to acquire seven concessions of coal mines in the Aveyron district under 3,900 acres, the purchase money to be paid to the vendor being 150,000l. It is understood, however, that this Company has collapsed, the concessions having since been sold by auction under a lien by the vendor for unpaid purchase money. It appears from the prospectus issued by the company that coal in France is protected by an import duty of 1 franc per ton. The import duty is in fact 12 cents. per 100 kilos or 1·20 frs. per ton.

The French Mines, Limited, was also brought out in London in the month of February 1890, having been formed to acquire several concessions of gold, silver, and lead. The purchase money to be paid to the vendors in this case also was to be 150,000l.

Different concessions of the same description cannot be united except by the authority of the Government (decree of 23rd October 1852; Dupont, 285), but examples of such unions with the consent of the Govern. ment are not uncommon (Dupont, 289), though occasionally the Government refuse to unite several concessions into one concession so as to relieve from the necessity of working under each concession (Dupont, 291).

As a matter of fact, in the north of France at least, concessions are commonly united and are generaliy worked by companies, the shares in which are dealt with and quoted on the stock exchanges. The sale of concessions is thus constantly going on in detail. The following figures show the selling prices at various dates of the shares in the six principal coal companies operating in the north of France:

« PreviousContinue »