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.

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 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. 175 to fr. 185 (equivalent to from 1s. 5d. to 1s. 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., about 1s. 8d. the top) to about d. 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 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 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 ad. 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 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. 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

This is so according to Dupont, who puts the lowest tonnage 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 centimes.

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 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 occupied 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 had before the occupation (Art. 43 of law of 1810, modified by law of 27th July 1880).

As regards canals and railways which cannot 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 conces sionnaire 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).

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

The above figures do not take into account the royalties payable to owners of the surface.

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 Searches for except with the consent of the proprietors, or by the autho- mines. risation 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, Concessions. 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 surface-owner 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).

Form of Act of Concession.-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 (see p. ), 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 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, 101).

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 It is then transmitted to the necessary. 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 adinissible 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 241,500l., payable as follows, viz.: 200,000l. in fully paid-up ordinary shares, 20,000l. fully paid-up preference shares, 20,0007. debenture bonds, and 1,5007. 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 50%. a year and 57. 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 70,000l., of which 58,000l. was payable in fully paid-up shares, and 12,0007. 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 2,0007. 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 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 district under 3,900 acres, the purchase money

to be paid to the vendor being 150,000.

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 150,0007.

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 decision 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 has rarely been made use of (Dupont, 315).

Appendix C. II, FRANCE.

In 1838 many mines were left unworked, and the flooding of mines became a public danger; a special law (April 27, 1838,) was passed, empowering the Government to force the mine-owners to form syndicates to execute the necessary works to protect their mines and to contribute to the cost Mr. Walmesther of pro rata of their interest. In case of non-payinent 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 concessions, 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 made 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 important 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 who had 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).

drainage and through adjoin. ing mines.

ventilation

The mode in which these can be acquired within the Way-leaves, boundaries of the concession has already been stated. Under Art. 44 of the law of 1810, modified by the law of 27th July 1880, concessionnaires can obtain the right to 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) of the law of 1810, amended by the law of 27th July 1880 and numerous other laws, decrees, and ordinances, in 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. The 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).

car

Inspection and regulation of

mines.

&c.

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 him 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 their 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 undertakings 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 accidents, and in cases of negligence the mine owners and managers may be punished by imprisonment and fine, besides being made liable in damages.

There is nothing approaching to compulsory insurance of workmen in France; but by the law of 11th July 1868 any workmen may make provision for the cases of death or accident, the insurance tund being administered by Government officials, and by the law of 18th June 1850 (modified by the law of 20th July 1886) workmen may make similar provision for the case of old age.

In addition to the public insurance institutions there are numerous private associations or mutual aid societies, the objects of which are usually to make provision for sickness and burial, but occasionally also to provide pensions in case of old age or incapacity for work. These mutual aid societies are divided into three classes, known as: first, free or private societies, which, beyond requiring official authority under the law relating to associations, are under no restriction as to their rules and organisation; secondly, approved societies, which are regulated by State decrees and subject to the approval of their rules by the prefect, and have in return certain legal advantages over the free societies; thirdly, societies recognised as being of public utility.

There are also insurance societies formed in connexion with particular undertakings, differing from the free or authorised mutual societies in this, that the associates have between them the common bond of being workmen in the same undertaking, and are generally bound to belong to the society as long they are in the employment of such undertaking. In other respects the free and authorised societies and the societies in connexion with particular undertakings resemble one another, the objects in both cases being generally to ensure assistance, temporary or for life, and medical aid to sick or wounded workmen, relief to widows and children, and sometimes pensions in old age. In both cases the advantages are assured by the contribu tions of all those who participate to a common fund, whilst the contributions given by the head of the undertaking resemble the contributions given by honorary members of the mutual aid societies.

There is no legal obligation to form relief funds in connexion with mining undertakings; but, as a matter of fact, nearly all mines have their special relief funds, with special regulations for management of the same. Some of these funds (and this is usually the case) are supported by subscriptions from the workmen, supplemented by contributions from the mine owners; some of them by the workmen alone, and some of them by the mine owners alone. The contributions by the workmen usually average from two to three per cent. of the amount of their wages.

Many proposals have been brought forward of late years for general legislation on the subject of relief funds, but none of them have as yet been carried into effect.

Some of the mining companies make special terms with hospitals for the benefit of their workmen; others have established hospitals; others have established co-operative shops; others erect houses and establish schools for the benefit of their workmen, whilst certain companies make free distributions of coal amongst their workmen.

At the head of the mining administration is the Minister of Public Works, whilst in each department the prefect is the head of the service, under the authority of the Minister of Public Works. Under the immediate orders of the Minister of Public Works is the Council-General of Mines. This is composed of the Inspectors-General of the first and second class, presided over by the Minister of Public Works, or, in his absence, by a vice-president appointed for a year by the Minister out of the Inspectors-General.

The duties of the Council-General of Mines are to give their opinion as to the applications for concessions, and as to the conditions to which concessionnaires should be subjected, and at to contentious questions submitted to the Minister of Public Works. Below the Inspectors-General of the first and second class come the engineers-in-chief, also divided into two classes, and under these are the ordinary engineers of the first, second, and third classes. To these are added certain inferior officers called "gardes mines," who are divided into four classes.

The engineers-in-chief have to render accounts to the prefects of mining works and to receive and execute their orders relative to inspection; to report to the DirectorGeneral, the prefects, and the "procureurs" of the Republic all breaches of the laws and regulations as to mines; to inspect the mines in their departments in turn, under the orders of the Director-General. They have the right to inspect the plans of all ancient concessions of mines which should be deposited at the prefectures, and to take copies to keep at their offices; also minutes of all the plans and maps relative to new concessions which have been applied for or obtained. They propose to the prefects the advertisineents and lists of charges for concessions of mines, and they give their opinions on the reports of the ordinary

engineers, whose duties they must fulfil in cases of necessity (Arts. 47 to 50 as modified in 1880).

The ordinary engineers must visit at least once a year all the mines being worked in their sub-department, and in case of a breach of the laws, or of danger or accident, being notified at a working, they must attend at the place and prepare a report for the engineer-in-chief with the view of effecting a remedy. They must notify to the mine-owners defects which they may remark in the workings, and propose such improvements as they may consider desirable. They have to verify the plans attached to applications for concessions, and give their opinions upon such applications and also on all official matters relative to mines, minières, and carrières. They have to prepare accounts of mine-rents, and take part in the committees of assessment of such rents, and (in cases contemplated by Art. 50 of the law of 1810) when a working endangers public safety they propose to the prefect measures of prevention, and cause them to be carried out in the event of the concessionnaires refusing by virtue of decision of the prefect, and in cases of imminent danger they may call upon the local authorities to take immediate preventive measures. They may act as experts in mining matters, and they have other similar duties and powers.

The "gardes mines" have to assist the engineers in all that concerns the inspection of mines, minières, and carrières; the collection and copying of surface and underground plans, and the inspection of steam engines and the plant of railways (which also forms an independent part of the duty of the engineers of mines).

There is a head office of mines in Paris, and the rest of the country is divided into various districts and sub-districts for the purposes of the mining administration.

The principal objection which is taken to the French General system of mining law seems to be that there is too much remarks. State control, especially in the matter of granting concessions, it being left to the pleasure of the State whether the mine should be granted or not, and to whom it should be granted; whilst in other countries the discoverer (as in Germany) or the first applicant (as in Spain) is entitled to a grant of the concession; and a well-known French author (Ag. 10) contrasts this position of the mining industry in France, with regret, to that of England, which, he says, has had the happy fortune never to know, as regards the working of mines, any system but that of complete industrial and economic liberty, except so far as State interference has been directed towards avoiding accidents in

mines.

It is not surprising to find that the respective claims of the concessionnaires of iron mines, on the one hand, and of the owners of the surface on the other hand, with respect to the boundaries of the mines and of the minières respectively, have given rise to numerous law suits (Dupont, 434); and, although Art. 70 of the law of 1810 (revised in 1880) aims at preventing such difficulties (by providing that, when the Minister of Public Works, at the instance of a concessionnaire, forbids the owner of a minière from continuing his workings so as to prevent the working of the Inine by the concessionnaire, an ample indemnity is to be paid by the concessionnaire of the mine to the owner of the minière), there is evidently still room for much dispute on the subject (F.-G. 911 and Ag. § 684).

Difficulties also seem to arise between the respective concessionnaires of different substances under the same area (F.-G. 89), and between the concessionnaires of adjoining mines, in spite of the provisions made by the Acts of Concession K. to O., some of which are considered by competent authorities to be of doubtful validity (Ag. § 415). Miners usually work eight hours per day. Labourers underground and all men on the surface work 10 hours per day. These hours will not have varied much for many years.

Miners earn from 4 to 5 francs per day.
Underground labourers, 3 to 3 50 francs per day.
Smiths and carpenters, 4 to 5 francs per day.
Surface labourers, men, 3 francs per day.

women, 1 to 150 francs per day.
boys, 1 franc per day.

Wages and working hours.

As before stated, further legislation is now contemplated, Proposed legisand the Report of a Commission of Deputies presented to lation. the Chamber by M. Jacques Piou in February 1889 contains the text of a proposed new law, by which the Commission propose that the existing mining law should be codified, a variety of alterations being at the same time introduced, such alterations having been principally suggested by four projets de loi submitted to the consideration of the Commission. The following are the principal alterations which are proposed by the Commission, viz. :—

The suppression of the class of minières, and the practical fusion of the substances now belonging to that class

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 fails 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 exercised, 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 simplicity 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. B1. (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, B1 and B2, may be included together in the decree.)

This concession does not apply to iron ore in seans, 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 minières 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. B2-(Special for concessions of mines of iron, including iron in seams, in beds, or meadow ore, workable as minières, or including at least some of them.) (Notice (a) of Art. B1.)

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 (b) of Art. B1), 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. D.-The rights 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.)