« PreviousContinue »
The royalties payable to the
owners of the surface are regulated under Arts. 6 and 42 of the law of 1810, modified as to Art. 42 hy the law
of 27th July 1880. The taxes payable to the GO
vernment are regulated by Arts. 33 to 36 of the law of 1810.
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 Con
cession. 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 had experienced losses or accidents.
* 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 78. 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.
Royalties payable to the owners of the surface.
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 mivières consist of a proportional annual tax of one twentieth on the value of residences only, and of fixed iaxes 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. În 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.-- Thesc 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 one-twentieth 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 5d. to 7d. per ton, but there are cases in which from fr. 1:75 to fr. 1.85 (equivalent to from Is. 5d. to Is. 6d.) a ton have been paid on a production of 350,000 tons.
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., abont ls. 8d. the ton) to about d.I the ton, and in other cases from about lld. to about 7d. the cubic metre (Dupont, 140–2).
2. Fixed. These, which appear to be the most useful 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 1d. per hectare (Iron Mines de Rancie); but it is said that royalties of from £d. to 1d. 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 įd. per acre and ld. 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 (us modified in 1830).
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. I, 428).
The owner of the soil has also the right of being heard by the Council of State before the amount of the royalty
I This is so according to Dupont, who puts the lowest tonzage royalty at 80 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 : possibly in Dupont's book the 8 is a mistake for 80 centimos.
FRANCE, Mr. Walmesley's Notes.
Surface land occupied or damaged.
is fixed) Arts. 6 and 42 as modified in 1880); but when Dupont gives the total result to the Government for
£ owner of the soil and the concessionnaire (Dupont, 147);
104,349 but the same rule does not apply to agreements as to Proportional do.
1,966,088 royalties come to subsequently to the Act of Concession,
10 cents additional for vut even such agreements may be nullified by the ordinary
2,277,481 or=about 91,090
The result for 1888 is as follows :
125,405 = 5,016 the prefect of the Department in which the mine is situate
Proportional do. (including to occupy within the boundaries of his concession the
the 10 per cent.)
2,451,436 = 98,056
general taxation, including the impost of 3 per cent. per
searches, &c. within walled-in grounds, or in courts and double the value it had before the occupation (Art. 43 of gardens, or of pits, &c. being opened within 50 metres of law of 1810, modified by law of 27th July 1880).
habitations or walled-in grounds, without the consent of
the proprietors. The proprietor himself can make searches As regards canals and railways which cannot be con
in any part of his property without authority, but must structed within the boundaries of the concession without
not work without a concession (Arts. 10 to 12). In case of altering the surface of the ground, and also as regards the
searches by the authority of the Government the proprietor canals, railways, necessary roads and works of vital impor
of the soil has a right to an indemnity, payable beforehand tance to the mine outside the area of the concession, a
(Art. 10). decree made in the Council of State may declare them to
Any person, whether a naturalised Frenchman or not, Concessions. be works of public utility, and the law of expropriation of
acting by himself or in partnership, may deniand and 3rd May 1841 may be brought into operation (Art. 44
obtain a concession (Art. 13), if he proves that he has of the law of 1810, modified by law of 27th July
sufficient means to undertake and carry on the work, and 1880).
to satisfy the taxes and indemnities imposed upon him by Questions arising on the subject of the indemnity have
the Act of Concession (Art. 14); and in case of his working to be dealt with by the civil tribunals, but may be re
under habitations or under other mines in course of working ferred by agreement to arbitration (Art. 43 as modified in or in their vicinity, he may be called upon to give security 1880).
for compensation in case of damage (Art. 15).
The Government is free to choose between the various In addition to the indemnity for land occupied, the parties seeking for a concession of the same mine ; but if owner of the surface can also obtain compensation for de- the discoverer of the mine does not obtain the concession, preciation of adjoining land (Dupont, 190), but there is
he is entitled to an indemnity from the concessionnaire, to
be regulated by the Act of Concession (Art. 16).
accompanied by a plan of the surface (Art. 30), and par-
ticulars of any negotiations with the surface-owner on the the prefect for the searching for, or working of, mines subject of his rent (Dupont, 89). It must then be adver(Dupont, 172).
tised and published for at least two months in a prescribed The owner of the soil is also entitled to compensation for manner (Art. 23, as modified in 1880). Opposition or any damage to the surface through working the mines
concurrent applications nay be lodged with the prefect other than by occupation (e.g., by subsidence), but in this
(Art. 26, as modified in 1880). case the measure of damage is the actual loss suffered,
Form of Act of Concession. This is composed of two instead of double the value of the land (Dupont, 174, and
distinct parts, viz., the decree and the list of conditions Art. 1382 of the Code Civil are applicable).
(“cahier des charges ”). A form of an Act of Concession
is given below (see p. ), from which it will be seen that He has also the right to have security from the conces. the first part of the Act of Concession, the decree, sets out sionnaire against damage to inhabited places (Art. 15, and the names and descriptions of the concessionnaires and the Dupont, 196).
nature and situation of the minerals conceded, and fixes, The fixed tax is payable annually according to the
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 This fixed tax is payable in respect of each concession of and regulation, the consequences of undue delay in workmines under the same surface, so that it may be payable ing, the power of abandonment, &c. In the second part, several times over in respect of the same surface where the list of conditions, are set out certain special conditions there are concessions of different beds of mines one above as to the mode of working the mine and otherwise to the other (Dupont, 216).
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 concession
proposed for working the mines, and the annual furnishing The proportional tax is fixed each year by the budget of to the prefect of plans and particulars of the workings in the State, but is not to exceed 5 per cent. on the net the previous year, and other conditions which may be said produce (Art. 35).
to be of a more general nature with reference to the powers
of the prefect to order and determine the thickness of Reductions or remissions may, however, be and are fre- barriers to be left, and to determine what works may be quently made in the rate of the payment (Dupont, 243, necessary in communication with other mines for ventila247), and considerable allowances are made in estimating tion and drainage, and specifying the rights of proprietors the expenses to arrive at the net produce (Dupont, of other minerals within the same area to which the con260).
cession is made subject.
ixed and proortional taxes nyable to the overnment.
The demand, having been registered at the prefecture, is examined and reported on by the Government engineer of mines (Dupont, 72), who must satisfy himself that it conforms with the regulations. The papers are then transmitted to the Inspector General of Mines, who examines them closely and reports to the Council General of Mines (Dupont, 10!).
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 Assembly, and afterwards a concession may be granted by a decree of the President of the State (Dupont, 102). Until the granting of the decree all opposition is adınissible 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.
Sales of Concessions.-As before observed, concessions are transferable like all other property, but cannot be sold in lots or divided without the consent of the Government (Art. 7).
The following are some examples of sales :
A concession of copper and silver over an area of 6,230 acres in Corsica, held from the French Government in perpetuity at a dead rent of 286 fr. 80 c. and a royalty of 51. per cent. on the net profits, was sold in 1886 to the Argentella Mines, Limited. The purchase money was 241,5001., payable as follows, viz. : 200,0001. in fully paid-up ordinary shares, 20,0001. fully paid-up preference sharcs, 20,0001. debenture bonds, and 1,5001. in cash.
A concession of silver, lead, and zinc ores within an area of about 40 square miles in the Pyrenees of Lentain and St. Lary, held from the French Government in perpetuity, subject to the payment of the ordinary taxes, amounting to about 501. a year and 5l. per cent. on the net profits, was sold in 1886 by a former company to the Castillon (Pyrenees) Mining Company, Limited. The purchase money was 70,0001., of which 58,0001. was payable in fully paid-up shares, and 12,0001. in cash or shares at the option of the new company.
The concessions of Pierrefitte, Heas, and Garvanie, Palouma and Arau, in the Hautes Pyrenees, 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 401. per annum, were sold in 1887 to the New Pierrefitte Mining Company, Limited. The purchase money was 23,2141., payable as to 2,0001. in cash, and as to 21,2141. 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 1,0001. for one year to 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
(listrict 'inder 3,900 acres, the purchase money to be paid to the vendor being 150,0001.
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 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 is 150,0001.
Different concessions 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 Government are not uncommon (Dupont, 289), though occasionally the Government refuses to unite several concessions into one concession so as to relieve from the necessity of working under each concession (Dupont, 291).
Forfeiture of Concessions.-In case the working of a concession be reduced or stopped in such a way as to endanger public safety or the requirements of consumers, the prefects, after having heard the owners of the mines, shall make a report to the Home Minister, in order that a de. cision should be taken (Art. 49, law of 1810). In such cases the decree of concession reserves to the Government the right to withdraw the concession; but this power las rarely been made use of (Dupont, 315).
In 1838 many mines were left unworked, and the fluod. Appendix ing of mines became a public danger ; a special law (April C. II. 27,1838,) was passed, empowering the Government to force the mine-owners to form syndicates to execute the necessary
FRANCE. works to protect their mines and to contribute to the cost Mr. Walmesther of pro rata of their interest. In case of non-payınent loy's Notes. of the contribution to such cost, the Government may withdraw the concession, and sell the mine by auction. Notwithstanding the minute provisions of this law, in 1877, out of 1,216 mines, only 499 were worked, and out of 612 coal mines, 277 were abandoned. In order to put an end to this state of things, the Minister of Public Works gave notice to the mine-owners who had stopped work that, if it be not resumed within two months, their concessions would be withdrawn; but these threats were not enforced. From the year 1838 to 1877 only six declarations of forfeiture occurred, and there only appears to have been one since the latter date. In 1883, out of a total number of 1,328 cɔncessions, only 506 were worked (Ag. $ 565 note 2). On the 1st January 1888 there were in France 1,362 concessions in existence, of which 452 only were worked.
Ancient Concessions.---Special provisions are inade in the law of 1810 as regards concessions previously granted, and also as regards the workers of mines who had not complied with the law of 1791. Many of the most im. portant coal mines in France are still held under such concessions (Dupont, 396). The concessions granted previously to the publication of the law of 1810 were merely confirmed ipso facto, the concessionnaires being rendered liable to pay the rents to the Government provided for by the law of 1810 (Arts. 51 and 52). The workers of mines wlio liad not complied with the law of 1791 were bound to obtain a concession from the Government in accordance with the law of 1810 (Arts. 53 to 56).
The mode in which these can be acquired within the Way-leaves, boundaries of the concession has already been stated. drainage and Under Art. 44 of the law of 1810, modified by the law of through adjoin. 27th July 1880, concessionnaires can obtain the right to ing mines. executes work of this description outside the limits of their concession, on the Council of State declaring such works to be of public utility.
This is fully provided for by Arts. 47 to 50 (inclusive) Inspection and of the law of 1810, amended by the law of 27th July 1886 regulation of and numerous other laws, decrees, and ordinances, ir accordance with which the Government mining engineers exercise, under the orders of the Minister of the Interior and the prefects, extensive powers of inspection with the view of preventing danger and providing for the preservation of buildings and the safety of individuals. l'he prefects have also power, at the request of the engineers, to require mine-owners at their own cost to execute works necessary to protect buildings and the surface, and to secure the safety of the public, the mines, the workinen, and of ways of communication, mineral waters, and the water supply for towns, villages, or public establishments at the cost of the concessionnaires (Arts. 49 and 50 and decree of 26th March 1845).
By a decree of the 3rd January 1813 (Art. 15) (which Relief societies, applies to “ minières" as well as mines, but not to rières ”) mine-owners are required to keep on their premises, in proportion to the number of workmen and the extent of the workings, such remedies and aid appliances as may be required by the Minister of the Interior, and to conform to the regulations approved by his in that behalf. Under this article directions have been issued as to the first aid to be given to persons wounded or injured, and a list of the remedies to be kept on the spot is prescribed. Under Art. 16 of the last-mentioned decree, the Minister of the Interior, on the proposition of the prefect and the report of the Director-General of Mines, is to indicate the mines which, from tbeir importance and the number of workmen which they employ, should keep and maintain at their expense a surgeon specially attached to the service of their undertaking. One surgeon may be attached to several undertakin at the same time by agreement, the expense to be divided amongst the different undertakings in proportion to the extent of their interests.
The same decree (Art. 11) provides that in case of accident in mines, notice must at once be given to the authorities, who (Art. 14) shall have power to take all necessary measures either to put an end to the danger or to prevent the consequences, and (Art. 17) the owners and managers of neighbouring mines are required to furnish all the assistance they can, any expenses (Art. 20) of assistance to wounded men or repair of works being borne by the owners of the mine where the accident occurred. The mining engineers or other authorities must report upon the acci. dents, and in cases of negligence the mine owners and managers may be punished by imprisonment and fine, besides being made liable in damages.
FRANCE. Mr. Walmes ley's Notes.
There is nothing approaching to compulsory insurance engineers, whose duties they must fulfil in cases of neces-
case of a breach of the laws, or of danger or accident, being
notified at a working, they must attend at the place and provision for the case of old age.
prepare a report for the engineer-in-chief with the view of In addition to the public insurance institutions there are
efferting a remedy. They must notify to the mine-owners numerous private associations or mutual aid societies, the defects which they may remark in the workings, and proobjects of which are usually to make provision for sickness pose such improvements as they inay consider desirable. and burial, but occasionally also to provide pensions in case They have to verify the plans attached to applications for of old age or incapacity for work. These mutual aid concessions, and give their opinions upon such applicasocieties are divided into three classes, known as: first, tions and also on all otficial matters relative to mines, free or private societies, which, beyond requiring official ininières, and carrières. They have to prepare accounts of authority under the law relating to associations, are under
inine-rents, and take part in the committees of assessment no restriction as to their rules and organisation ; secondly, of such rents, and (in cases contemplated by Art. 50 of the approved societies, which are regulated by State decrees law of 1810) when a working endangers public safety they and subject to the approval of their rules by the prefect, propose to the prefect measures of preventio!), and cause and have in return certain legal advantages over the free them to be carried out in the event of the concessionnaires societies ; thirdly, societies recognised as being of public refusing by virtue of decision of the prefect, and in cases utility.
of imminent danger they may call upon the local autho-
similar duties and powers.
There is a head office of mines in Paris, and the rest of
the country is divided into various districts and sub-dis-
tricts for the purposes of the mining administration.
The principal objection which is taken to the French General the contributions given by the head of the undertaking
system of mining law seems to be that there is too much remarks.
State control, especially in the matter of granting conces-
sions, it being left to the pleasure of the State whether the
mine should be granted or not, and to whom it should be There is no legal obligation to form relief funds in con
granted; whilst in other countries the discoverer (as in nexion with mining undertakings; but, as a matter of fact,
Germany) or the first applicant (as in Spain) is entitled to nearly all mines have their special relief funds, with special
a grant of the concession; and a well-known French author regulations for management of the same. Some of these
(Ag. 10) contrasts this position of the mining industry in funds (and this is usually the case) are supported by sub
France, with regret, to that of England, which, he says, scriptions from the workmen, supplemented by contribu
has had the happy fortune never to know, as regards the tions from the mine owners; some of them by the workmen
working of mines, any system but that of complete indusalone, and some of them by the mine owners alone. The
trial and economic liberty, except so far as State inter-
It is not surprising to find that the respective claims of for general legislation on the subject of relief funds, but
the concessionnaires of iron mines, on the one hand, and of none of them have as yet been carried into effect.
the owners of the surface on the other band, with respect Some of the mining companies make special terms with to the boundaries of the mines and of the ininières respec. hospitals for the benefit of their workmen; others have tively, have given rise to numerous law suits (Dupont, established hospitals; others have established co-operative 434); and, although Art. 70 of the law of 1810 (revised in shops ; others erect houses and establish schools for the
1880) aims at preventing such difficulties (by providing that,
concessionnaire, forbids the owner of a minière from con-
Difficulties also seein to arise between the respective con-
mines, in spite of the provisions made by the Acts of Con-
Wages and jected, and at to contentious questions submitted to the
Labourers underground and all men on the surface work
working lours. Minister of Public Works. Below the Inspectors-General 10 hours per day. These hours will not have varied much of the first and second class come the engineers-in-chief, for many years. also divided into two classes, and under these are the Miners earn from 4 to 5 francs per day. ordinary engineers of the first, second, and third classes.
Underground labourers, 3 to 3.50 francs per day.
Surface labourers, men, 3 francs per day.
women, 1 to 1:50 francs per day.
boys, 1 franc per day. orders relative to inspection; to report to the Director- As before stated, further legislation is now contemplated, Proposed legis. General, the prefects, and the procureurs” of the Republic and the Report of a Commission of Deputies presented to lation. all breaches of the laws and regulations as to mines; to the Chamber by V. Jacques Piou in February 1889 coninspect the mines in their departments in turn, under the tains the text of a proposed new law, by which the Com. orders of the Director-General. They have the riglit to mission propose that the existing mining law should be inspect the plans of all ancient concessions of wines which codified, a variety of alterations being at the same time should be deposited at the prefectures, and to take copies introduced, such alterations baving been principally sugto keep at their offices; also minutes of all the plans and gested by four projets de loi submitted to the consideration maps relative to new concessions which have been applied of the Commission. The following are the principal alterafor or obtained. They propose to the prefects the adver- tions which are proposed by the Commission, viz. :tisineents and lists of charges for concessions of mines, The suppression of the class of minières, and the pracand they give their opinions on the reports of the ordinary tical fusion of the substances now belonging to that class
Mining autho rity.
Appendix Form of Act or Concession.
C. II. 1st Part.- Decree or CONCESSION.
Mr. Walmeb(Adopted in 1882.)
ley's Notes. Notice.—(General clauses, letters A B C, &c.; special clauses, saine letters with a number placed on the right, as B!, BP.)
Reference to: Ist. Law of 21 April 1810, modified by the law of 27 July 1880; or for the concession of mines of iron.
Law of 21 April 1810, modified by the law of 9 May 1866 and 27 July 1880.
2nd. Decree of 18 November 1810.
3rd. Decree of 6 May 1811, modified by decree of 11 February 1874.
4th. Decree of 3 January 1813.
5th. Law of 27 April 1838, and Ordinance of 23 May 1841.
6th. Ordinance of 18 April 1842.
7th. Ordinance of 26 March 1843, modified by decree of 25 September 1882.
8th. Decree of 23 October 1852.
Note.-In addition, when for concessions of mines of salt, of springs, or uf wells of saline waters.
Law of 17 June 1840, and Ordinance of 7 March 1841, and also Ordinance of 26 June 1841.
Note.—But in such case the decrees of 6 May 1811 and 11 February 1874 must be excluded.
into the category of mines which are the subject of concessions. The reason for the existence of minières as a separate class is stated by the Commissioners to have disappeared on the passing of the law of 1866, which put an end to the servitude which such minières were previously under with respect to the State-authorised iron manufactories. Provision is proposed to be made for the protection of the proprietors of subsisting minières by entitling them to concessions on application within two years, and for cases in which a minière lies above a mine, when, if the concession is made to the owner of the mine, he must before taking it over pay an indemnity to the owner of the minière.
The recognition of the right to the concession of the discoverer who proves the existence of a bed of mineral substance. This is practically an adoption of the German system of institution of ownership, and is intended to meet the objections which are raised against the present system of granting concessions at the goodwill of the Government.
It is proposed to give the right of search to the first comer who complies with the regulations and gives security against damage to the surface. It is proposed, however, to accord to the owners of the surface for six months a right of preference to the permissions to search for minerals on their own land.
It is proposed to limit the extent of concessions to a maximum of 2,000 hectares for mines of combustible substances, and of 800 hectares for mines of other descriptions, and no two points of the area are to be further from each other than 5 kilometres in the case of combustible substances, or than 3 kilometres in the other cases.
It is proposed to abrogate the present fixed rate of indemnity for land occupied, and in each case to leave it to a jury to fix the amount of compensation to be paid.
It is proposed to raise the fixed rent payable to the Government from 10 cents to 50 cents per hectare, and (confirming the present practice) to define the proportional rent as 5 per cent. of the net profit calculated on the results of the previous year's raisings.
It is also proposed to confine the power of forfeiture to the single case where a mine continues unworked for two years and the proprietor fals for six months, after notice from the prefect, to continue working, in which case he may be cited before a civil tribunal, which may order the sale of the mine, and, on failure to sell, the mine may become forfeited. The concessionnaire is no longer to have power to renounce his concession.
The redevances trefoncières payable under old concessions are to be confirmed, but the concessionnaires are to have the right to buy them up (in cases where they are fixed at 20 years' purchase, and in other cases at a sum to be fixed by the tribunal having regard to the value of the minerals). It would appear that the proposed law does not contemplate the reservation of any rents to the owners of the surface in future concessions; but the right of preference to a permission of research accorded to the owner of the surface during the space of six months (available afterwards for two years and renewable by the prefect) appears to be intended to have the practical effect, if it is exercis of securing to him the right to a concession of the minerals under his land.
The Commissioners remark that the main object of legislation should be to assimilate mining property with ordinary property, to secure entire freedom of contract and the independence of the mine-owner ; and they say that when such legislation is attained the law as to mining will be confined to some regulations for the security of work. men and of the dwellers on the surface, and some rules as to the institution of the property and the right of inclosure. They also remark that England and the United States are almost in complete possession of a law as wise in its sim. plicity as that which they indicate as the perfection of mining law; that everywhere the regalien right is being assailed ; that everywhere the power of the State in such matters is being restrained ; and that everywhere greater belief is being placed in private enterprise and in industrial liberty, and that it is a remarkable fact that the more this faith increases the more mineral wealth is developed.
Art. A.-Concession is made to of the mines of included within the limits hereafter stated, Commune of
Arrondissement of Department of
Art. B.--This concession, which shall take the naine of Concession of
is limited in accordance with the plan annexed to this decree as follows: the said limits include a surface of
square kilometres hectares. Art. B'.-(Special to concessions of mines of iron, not including iron ore in seams, in beds, or meadow ore, which are workable as minières or some of them.) (a.) (In certain cases two articles, B' and B?, may be included together in the decree.)
This concession does not apply to iron ore in seains, or in beds, or of meadow ore, (b) (in accordance with the cases the three sorts of ore may be kept in, or some of them may be excluded), which may be worked as minjères and remain at the disposal of the owners of the said minières in accordance with the terms and conditions of Arts. 57, 58, 68, 69, 70, of the law of 21 April 1810, modified by the laws of 9 May 1866 and 27 July 1880.
Art. B?:-(Special for concessions of mines of iron, including iron in seams, in beds, or meadow ore, workable as minidres, or including at least some of them.) (Notice (a) of Art. B?.)
Are now joined to the concession, without prejudice to the rights given to the owners of minières by the paragraph 3 of the law of 21 April 1810, modified by the laws of 9 May 1866 and 27 July 1880, the iron ore in seams, or in beds, or meadow ore (note (6) of Art. B'), which may be worked as minières.
The limits between the iron ore included in the concession and the ore of the minières joined to the concession which will cause an indemnity to be paid to the owners of the said minières are fixed as follow :
Art. C.-Nothing is now decided as to the deposits of any other inineral the concession of these deposits of mineral may be henceforth granted if needful in the usual forms either to the concessionnaire of the mines of or to any other person.
Art. 1.–The righ's given to the owners of the land by Arts. 6 and 42 of the law of 21 April 1810, modified by the law of 27 July 1880, on the produce of the mines of which concession is granted are fixed at
Art. D1.-(a.) (Special in case there is a rent to pay to the inventor.)