although the non-working involves the loss by the Government of the proportional tax of 1 per cent.

or Relief

There is no law in force as to compulsory insurance of workmen, but in the event of accidents recourse must be had to the Accident ordinary tribunals, there being a law in force corresponding, to some extent, with the Employers' Societies. Liability Act in this country. It is, however, customary to establish accident and relief insurance funds in connection with different mining undertakings, towards which the workmen and masters contribute.

Inspection and regulation of mines.

The 22nd Art. of the Law of 1868 contemplated the framing of regulations for securing the safety of men and property, but the rules have not yet heen framed, and the mining authorities appear to have no power to interfere with the working of mines in any way beyond settling the boundaries of the concessions. As a matter of fact, however, the Government Engineers do inspect mines with the view of ensuring the safety of workmen and the prevention of unnecessary damage to the surface.

Mining adminis

tration.

There is a Government Board of Mines at Madrid, and in each Province there are Government Engineers, whose business it is to settle the boundaries of the concessions and to keep plans showing such boundaries, and to act generally as official experts in reference to mining matters. Coal 28. per ton; pig-iron 93d. per cwt. (Return duties. of Foreign Import Duties, presented to Parliament September 1893).

Import

Spanish Colonies.

It is understood that the modern Spanish mining system is being extended by degrees to her existing colonies. Thus, in 1883, the principles of the Spanish law of 1868 were extended to Cuba (see post, p. 209).

I have determined, under the date of

to issue in his favour the present proprietary title, in conformity with the provisions of the Mining Law of the 4th March 1868, in respect of claims extending over square metres in the form appearing from the annexed Plan, drawn up by the Engi

neer,

in conformity with the provisions now in force, dated at

the

day of

the conces sionnaire being under the obligation of fulfilling the following general conditions:

First. To work the mine in conformity with the rules of the art, he and his workmen being subject to the Police Law prescribed by the regulations.

Second. To be answerable for all damage and injury which the working may cause to any third party.

Third. To make good to his neighbours any damage he may cause them by the accumulation of water, in consequence of his works, should he not, on being required to do so, have made such damage good in the space of time appointed for the purpose.

Fourth. To contribute, in proportion to the benefit that he may receive, to the cost of draining neighbouring mines, and of

general drainage and transport roads or ways, when they are opened by virtue of competent authority, in respect of a group of claims or of the whole mining district wherein the mine may be situate. Fifth. To strengthen the mining works within the term fixed for this purpose, when, owing to the misdirection of the labours, they may threaten destruction; unless in this he be prevented by force majeure.

Sixth. Not to suspend the working of the mine with a view to its abandonment, without previously acquainting the Civil Governor with his intention, and not to leave the mine in a weak state of repair.

Seventh. Not to perform any works without previous sanction, within less than 40 metres distance from buildings, roads, and any other public right of way.

Eighth. To pay for the mine and the products of the same the tax legally imposed, and

Ninth. To fulfil, in a word, all the provisions contained in the law and regulations affecting concessions of the nature of the present.

Therefore by virtue of this title I grant, in the name of the Government of His Majesty, the property of the aforesaid mine in perpetuity while the preceding conditions are fulfilled, so that he may work the said mine, utilise its products, and freely dispose of same, acting with regard to them as he may desire, subject to the laws, enjoying at the same time all the rights and benefits which, by the mining law and regulations, belong to concessionnaires; and in order that what is contained in the aforesaid conditions may be faithfully fulfilled and observed, alike by the said concessionnaire and by all authorities, tribunals, corporations, and private persons whom it may concern, I issue the present proprietary title bearing the seal of this Provincial Government.

CHAPTER XIII.

LUXEMBURG.

NOTES AS
AS TO MINING LAW.

THE French Legislation of 1810 was introduced into the Grand Duchy of Luxemburg at the date of its annexation to France under the First Empire. So far as concerns. History of Law as to mines, open workings, quarries and peat bogs, this Mining. legislation still continues in force. Special laws have, however, been enacted in recent years respecting the valuable oolitic iron-ore deposits which have been discovered, and which are the only minerals of any importance worked in the country. The first of these laws (viz. that of the 15th March 1870) applies only to the iron-ore deposits in the valley of the Alzette, in the Canton of Esch. Before the passing of this law numerous open workings had, on the one hand, been opened by surface-owners under the name of minières, and the State had, on the other hand, granted important concessions of mines in the same iron-ore deposits to the Prince Henri (Railway and Mining) Company. In order to meet the difficulties which might otherwise have arisen as to the boundaries between the mines and the minières, the law of 1870 provided that the ironore deposits of the Canton of Esch were to be considered as coming under the head of mines forming the subject of concession, when the bed lay at certain depths, differing as regards the right and left banks of the river Alzette; the practical effect, it is said, being to limit the workings of the proprietor of the surface to a depth of 34 metres on the right bank and of 35 metres on the left bank of the river (Ag. § 1358). The law also provided (Art. 2) that no further concessions should be granted until the passing of a further law on the subject.

This second law is dated the 12th June 1874, and is only applicable to iron-ore and manufactures of iron, and does away with the obligations imposed by the law of 1810, securing the right of ironmasters to supply their furnaces with iron-ore from

the mines or minières of iron (as was done for France in 1866). The Act, in effect, brings all alluvial iron-ore within the category of minières, and places all stratified ironstone outside the Canton of Esch in the category of mines (Ag. § 1360). It stipulates explicitly (Art. 1) that every concession must be made by a law, thus implying that it may be granted for such a period and upon such conditions as the Legislature may choose to make. This is said to be a recognition of the principle of "domaniality," by which the State makes a contract with the concessionnaire for the enjoyment of a portion of the State domain, not merely conferring upon him the title to a property which it delivers to him. It follows from this that the State keeps the right to reserve whatever rent the mine is capable of paying, and this the State is authorised to do (Arts. 3 and 5) either in the shape of rent per ton (une redevance par toccage) or an annual rent, which may be considered as a composition for a tonnage rent.

The ownership of minerals in Luxemburg may, therefore, be classified as follows, viz. :