Clough Colliery, in the Co. Kilkenny, I regret being unable to give you much information on the matter. "I was appointed receiver under the courts in 1881, when the rent of the colliery was 600l. a year. Mr. Robson was the lessee, Mr. Meadows the manager. I do not know what the rent was previous to 1881. I never saw the lease. The late agent is dead. "In 1885 Mr. Meadows reported that the coal was running out. I employed a Mr. Mammatt, an experienced mining engineer from England, to examine the mine, and report thereon. I give you the following extract from his report, dated 17th June, 1885: According to the accounts furnished to me by the lessees, they have sold under the present lease to 1st January, 1885, 63,261 tons of coal, realising 30,0761. 7s. 9d. One-tenth of this sum amounts to 3,0077. 12s. 9d., leaving a balance of 1,1921. 7s. 3d. of minimum rent paid in advance of coal got. I estimate that there were 4a. 3r. 15p. of workable coal remaining in January last, which will produce 17,349 tons. The average price realised during the last seven years for the coal is 9s. 61d. per ton, and the value, therefore, of the unworked coal will be 8,2481. One-tenth of this amounts to 8247. 16s., so that there will remain a balance of overpaid rent of 3671. 11s. 3d. At the present rate of working it will take about two years to get the remaining portion of this seam.'" "Mr. Robson paid the rent up to the 30th December, 1884, and on the 6th December, 1886, the pit was closed. Faithfully yours, 66 (Signed) PHILIP O'REILLY." "G. de L. Willis, Esq., Irish Landowners' Convention, Kildare Street, Dubiin." From the foregoing letter it is clear that the venture was not a profitable one for the lessees, but it is difficult to see how the landlord was to blame. It may also be pointed out that during part of the term the property was under the administration of the Court. Mr. Mammatt's report also proves that in 1885 the workable coal remaining was only about 17,000 tons, and that at the rate of working at that time this quantity would have been obtained, and the coalfield worked out in about two years. This opinion is contrary to Mr. Meadows' statement (Q.12,041) that "if there had been a certain rent of, say, 2001. a year, and a royalty of one-twelfth or onefifteenth, possibly the works might be going to-day." Ballycastle Coalfield; Co. Antrim.-It appears that these collieries were worked down to 1883 under a lease at a rent of 1,007. per annum (Q. 12,230), and were abandoned in that year because the then owner, the late Sir Frederick Boyd, refused to grant a new lease at a rent of 6001. Whether he was well advised in this seems to be doubtful, for it is stated (Q. 12,319) that the present owner would be willing to grant a lease at a much lower rent. She has apparently failed, however, to find a tenant upon any terms. The reason for this seems to be due to the fact mentioned by Mr. J. B. Johnstone (Q. 12,317) that "to "work the coal properly we would have to go down below "sea level," and it is evident that investigations made since 1883 have resulted in an opinion that this could not be done at a profit. A report on this coalfield was made to the Royal Dublin Society in 1886, by Mr. G. H. Kinahan, in which he says: "The higher coals, or those above the level of the sea, are worked out. There are, however, two coals, called the 'sea coals,' below the sea level, still unwrought, which have been estimated to contain about 18,000,000 tons of coal; but as far as trials have been made they are unprofitable, on account of the drainage of the sea into the workings; very little, therefore, (if any), of this coal can be profitably raised." (Scientific Proceedings of Royal Dublin Society, October, 1886, Vol. V. (N.S.), part 4.) County Tyrone Coalfield -Mr. Thos. A. Dickson, M.P., complains (Q. 12,792) that in seeking for a renewal of a lease from "about a dozen" landowners, one of them refused to agree except upon payment of a very large fine. It is a matter for regret that this gentlemen's name and address were not mentioned, as it would have enabled inquiries to be made. As the matter stands, it is only possible to point out that further on in his evidence (Q. 12,795), he admits that the largest proprietor in the district (Lord Ranfurly) "never places any difficulty in the way," and that the difficulties arise from the fact that "just in that immediate neighbourhood there are numerous small landowners." These small landowners are in most cases not "landlords" in the usual acceptation of the term; and the difficulties of dealing with them are doubtless similar to those which various witnesses speak of meeting in attempts to deal with the still smaller landowners who have become proprietors under the Land Purchase Acts. County Wicklow Mines.-Several statements were made by the late Mr. Parnell, M.P., (Q. 12,667, 12,672), and by Mr. G. H. Kinahan (Q. 13,630-1), complaining of the action of landowners in the county of Wicklow, in the mining district of the valley of Ovoca. Unfortunately no names were given, and I have so far been unable to ascertain to whom most of their statements were intended to apply. My inquiries, however, have elicited the fact that some of the landed proprietors of that district have ceased to look with much favour upon the proposals of mining adventurers, owing to the aimost universal collapse and abandonment of the various mines which have been started there from time to time. Their present derelict condition appears to be due to foreign competition, or the unprofitable character of the works, and not to the action of the landed proprietors. In the result, however, it is stated that a valuable right of fishing which once existed in the local river and streams has been destroyed, and the natural scenery of this picturesque district has been greatly defaced by these mining works, while the capital sunk in them by both the local proprietors and others has been lost. It is, therefore, no great wonder that many people look coldly now or projects of the kind in the neighbourhood. 66 On the other hand I have been informed that most of the larger proprietors are still quite willing to entertain and facilitate any proposals which may seem likely to turn out well, and this view is corroborated by the following particulars of one of the cases mentioned by the witnesses. Mr. G. H. Kinahan (Q. 13,630) quoted what he called a very remarkable case of a mine which was just able to pay its way when subject to a royalty of one-twentysecond, and which had to be abandoned, because, as he alleged, the landlord refused to renew the lease without a renewal fine and a royalty of one-fifteenth. It was ascertained that his remarks applied to a case on the estates of Viscount Powerscourt, and Mr. Kinahan's statements were brought under his notice by Mr. Walmesley. The following is Lord Powerscourt's reply:"DEAR SIR, "65, Brook Street, W. "I remember the circumstances about the case of Mr. Hodgson and the mine at Castlemacadam, in the County Wicklow. "I sold the estate some years ago to the Rev. Mr. Hallowes, rector of that place. "Mr. Hodgson had been the tenant of my mine for many years, before I was born, I believe, and used to pay a royalty on the ore raised. "When I came of age in 1857 the royalty amounted to some 1,2007. a year. From that time forward it steadily decreased, on account of the competition of the Neapolitan and other sulphur mines, which put their ore on the market at a lower rate than was possible in Ireland. "The royalty went down to a very small sum yearly, and, of course, I, as the proprietor, made investigations into the reasons. At last Mr. Hodgson volunteered himself, having made large profits in former years, to pay me a dead-rent of 50l. a year for five years, to which I agreed. Shortly after this Mr. Hodgson died, and the mine became derelict, or nearly so. "I sold the estate, including the mine, to Mr. Hallowes, who is now the proprietor. I believe the mine is only worked for ochre now. "The statement that the mine is idle because of any increase of royalty on my part is simply untrue. It may be observed that the mine opposite, on the other side of the river, belonging to the Mining Company of Ireland, is also idle, or nearly so. Simply, it does not pay to work them on account of foreign competition. "It is most unfortunate that so many Irish industries of this character fail, but I think that the authorities of the Geological Survey in Dublin can give very good reasons for their failure from natural causes. Of course, all these things are attributed to the dire influence of landlords; but will any person of any common sense suppose for a moment that any proprietor would be such a fool as to impose impossible terms upon the tenant of a mine, so as to render it unprofitable to work it, thus cutting his own throat, and killing the goose with the golden eggs! "You may make any use of this you please. Yours faithfully, (Signed) POWERSCOURT. 46 66 April 5, 1892. "Oswald Walmesley, Esq.,, 66 2, Stone Buildings, "Lincoln's Inn, W.C." Appendix A. Papers handed in by witnesses, Appendix A. Papers handed in by witnesses. It may be added that Lort Powerscourt's statements in the foregoing letter are largely corroborated by Mr. Kinahan himself, in the following pissage, from his report on the sulphur mines of this district, published in the Scientific Proceedings of the Royal Dublin Society, for October, 1886. "While the great demand for sulphur lasted, vast sums I believe it will be found that the principal cases men- Irish Landowners' Convention, Offices-4, Kildare Street, Dublin, P.S.-Asregards the terms and conditions of leases granted I am, &c., Royal Commission on Mining Royalties, COUNTY OF DURHAM. Mineral Rents, Royalties, Wayleaves, &c. Amount due INDIA AND THE COLONIES. Notes on Mining Laws by Mr. Walmesley. APPENDIX B. DOCUMENT RELATING TO THE MINING LAWS OF INDIA AND THE COLONIES. NOTES ON MINING AND THE LAW AS TO OWNERSHIP OF MINERALS IN INDIA The following is a short statement as to the minerals The statement is necessarily incomplete, being prepared from insufficient materials, and is subject to correction and improvement when further materials become available. It will, however, afford some indication of the variety of legislation which exists with reference to the subject matter, and may serve as an index to such legislation, and as the basis of a more complete and authentic statement to be prepared at a later date, if required. As many of the laws and regulations respecting mining in the Colonies have reference particularly to mining for gold and silver, it may be here observed that grants by the Crown (or Government) of land in the Colonies (as in England) will not pass gold or silver mines therein unless an intention to transfer them is expressed or necessarily implied (Woolley v. Attorney-General of Victoria, 2 App. Cas. 163, and Attorney-General of British Columbia v. Attorney General of Canada, 14 App. Cas. 295). The notes in the 3rd column, as to the ownership of the mines, must, therefore, usually be taken as applicable only to mines other than gold and silver. It must also be understood that the notes as to the ownership of mines given in this statement have reference to lands which have been alienated by the Crown (except where otherwise stated), and not to the waste, unoccupied, and uncultivated tracts of land, or to the specially reserved mining districts, which in many of the Colonies still remain unalienated in the Crown. IN EUROPE. N.B.-Under the Ottoman law there are mines, e.g., gold, silver, lead, iron, coal, &c. ; minières, i.e, mineral matters got by surface work; and carrières, marbles, &c. (not within law). Mines cannot be worked but by virtue of an Imperial Iradé. This gives a concession for 99 years, during which period the mines may pass by inheritance or sale (but by sale only under official authorisation). Persons may search for mines on their own lands, and also on those of others, with their authorisation but not without, except by special official authorisation. On obtaining a concession the concessionnaire pays from 50l. to 2001. (Turk) according to the value of the mines. He afterwards pays two species of redevenance-1st, of 5 paras per deunum of land comprised in the concession (payable to the owner); 2nd, the redevenance proper, which varies from 1 to 5 per cent., according to the richness of the mine, and is fixed in the firman of concession.-(Legislation Ottomane droit Administratif, 1875). The Cyprus Ordinance No. 5, above mentioned, enacted (inter alia)— 1st. That concessions should be under the hand of the High Commissioner and the seal of Cyprus instead of an Imperial Iradé. 2nd. That the High Commissioner in Council might suspend the provisions of the regulations of the Ottoman law providing for payment of a fixed surface rent. 3rd. That the rents and royalties payable to Government should be paid into the Island treasury. * There were 105 collieries in Bengal in the year 1887, of which 62 were worked during that year, with a total output of 1,819,090 tons, as compared with 1,186,802 tons in 1886. The total yield of all Indian coal-fields was 1,560,393 tons in 1887, and 1,703,830 tons in 1888. In the Bengal coal-field collieries are worked entirely by companies and other private owners.—(" Moral and Material Progress and Condition of India, 1887-1888.") N.B.-In Bengal.-The road cess is to be levied on mines, amongst other property.-(Bengal, Act IX. of 1880, s. 6.) In the Central Provinces.-The right to mines, minerals, coals, quarries, fisheries, and sap from palmyra and cocoa-nut trees are to be reserved to Government from future grants, provision being made for compensation for damage to surface owners.— (Central Provinces Code, Act No. 18 of 1881, sec. 151.) In Bombay.-Mines and minerals in all unalienated lands to be reserved to Government (subsisting rights of occupants not to be affected)-(Bombay Code, Act No. 5 of 1879, sec. 69.) In the Punjab.—Mines of metal or coal and gold-washings shall in every case be deemed to be the property of Government. But if Government works, or causes to be worked, any such mines, compensation for damage to the surface of the soil shall be made to the owner of such surface.-(Punjab Code, Act No. 33 of 1871, sec. 29.) In Ajmer and Merwára.-Except in the case of lands in respect of which istimrárí sanads (perpetual grants) have been granted by the Chief Commissioner with the previous sanction of the Governor-General in Council, the Government shall be presumed, until the contrary is proved, to be the sole owner of all mines, opened and unopened, of metal, coal, and other valuable minerals, with full liberty to search for and work the same. Compensation to be made for damage caused to the surfac owner; the amount to be determined by the revenue officer.-(Ajmer Land and Revenue, Reg. II. of 1877, sec. 3 (A).) In British Burma.-A landholder shall have a permanent heritable and transferable right of use and ccupancy in his lard. subject only (a) To payment of revenue taxes, cesses and rates, &c. Appendix B. INDIA AND THE COLONIES. Notes on Mining Laws by Mr. Walmesley. (b) To the reservation in favour of Government of all mines and mineral products, and of all buried treasure, with full liberty to N.B.-All land in this country is now leased by the Government for 999 years, subject to the reservation of coal and other minerals to the Crown, its grantees, lessees, or licensees.-(Labuan Ordinance No. 2 of 1863.) The Labuan Coal Company have certain rights to purchase lands in fee-simple which are reserved by the last-mentioned Ordinance. Prior to an Act passed in 1849, the grants of land were made without reservation of minerals or royalties to Government; but in the case of lands held under grants made between 1849 and 1863, the coals and minerals are to be held subject to a royalty to be fixed by the Governor. N.B.-Mining for tin in Perak has greatly developed within the last ten years, chiefly through encouraging Chinese immigration. Prospecting licenses are given (for $25) for six months over areas not exceeding 320 acres. Permits to mine are given (annual fee $2) to dig for tin over areas of five acres. Mining leases for 21 years, not exceeding 25 acres in one block, or more in special cases. Lessee bound to open and work and employ a certain number of miners without intermission, and to pay export duties; also to pay fees, including an annual quit rent of $1 per acre. The export duty is equivalent to 10 or 11 per cent. on the value of the metal. (See "Report on Tin Mining in Perak and in Burma," W. T. Hall, and " Preliminary Sketch cf Tin Mining in Perak and in Burma," T. W. H. Hughes, Superintendent, Government Survey, India, January 1889, and by the latter, August 1889.) N.B.-Where the mines are not reserved to the Crown the owner of any private property (not subject to a reservation of minerals) on which diggings or mines are proclaimed is to pay 10 per cent. of any rents or royalties received by him to Government for the maintenance of order and good government and protection of life and limb within his mining district.—(Cape of Good Hope Act, No. 19 of 1883, sec. 77.) Where the mines have been reserved to the Crown the owner of the surface has special privileges with respect to the mines, e.g., he may prospect without license, refuse consent to licensed persons to prospect on his land unless it is situate in a properly constituted"mining district," in which case, also, he has special privileges, including the right to claim certain portions of the mine free from Crown royalty.-(Cape of Good Hope Act, No. 44 of 1887, sec. 5.) N.B.-The prospecting licenses do not give any right to prospect on private property without the consent of the owner of such property, and the person prospecting has in any case to give security to make good surface damage. The Proclamation only applies to gold, silver, and platinum. As regards precious stones, Division I. of Act No. 19 of the Cape of Good Hope (of 1883) is in force throughout British Bechuanaland.—(See Proclamation, 63 B.B. 1889, above referred to.) Appendix B. INDIA AND THE COLONIES. Notes on Mining Laws by Mr. Walmesley. 5. Mauritius . Traces of iron Coal Iron. Copper. Gold Proclamation of Governor, 1889, No. 2. Remarks. Manitoba Lead. Gold Coal Iron-ore and traces As to grants made up to 1880, In surface owner 66 "Crown royalties and reservations abolished, and The Quebec General Mining Act of 1880 (Statutes No reservation of gold, silver, iron, copper, or This Act applies exclusively to the lands included And in case of certain lands proving rich in The Act also contains special provisions as to coal Recently Mr. Lockwood, who owned 80,000 acres of auriferous lands in the province of Quebec, sold 8,000 acres of them to Messrs. McArthur Bros. & Co. for $8,000. Shortly afterwards Messrs. McArthur Bros. & Co. sold a portion only of these 8,000 acres for $50,000.-(" Canada," 1889.) N.B.-The royalties are fixed by statute as follows: On gold and silver 2 per cent. on gross output (and an annual charge of $2 per area—100 ft. by 150 ft.-if mines not worked). On lead 2 cents on ditto. On iron 5 cents per ton of ore sold or smelted. On tin and precious stones 5 per cent. of their value. (1884 and 1887 Revised Statutes of Nova Scotia, 5th series.) |