to mines which do not adjoin, each merchant is allowed to undertake only one such mine. This restriction is imposed in order to secure a better control over the miners.

7. Should any merchant find his work unprofitable, or be unable to continue his undertaking on account of want of capital, he is to be allowed to withdraw from his undertaking. Another wealthy merchant may be invited to succeed to the work, and the retired merchant has no right to claim any mineral obtained after his withdrawal.

8. The system of levying mining dues varies considerably according to the different minerals and mines. The workers of metals used for coinage purposes, such as gold, silver, and copper, are required to contribute a certain quantity of the metals themselves, the percentage varying from 30 per cent. to 40 per cent. of the output. In the Western Provinces the miners of gold sand are required to pay a fixed weight of gold per day or per month each. As to other minerals, the merchants are required to pay 20 to 50 per cent. of the proceeds to the Government Treasury.

9. The book before referred to does not appear to contain any passages with reference to the relations between landowners and mineowners, or between masters and miners.

10. Foreign engineers are employed at several mines, but no foreign miner is allowed to work in Chinese mines.1

In explanation of what is here stated, it will be seen from the following extract from the Kwangtung Mining Regulations before referred to that expert foreign workmen would not be wholly excluded :

"Mines have often proved a failure in China from want of skilled advice. Success will be assured if foreign workmen are engaged to indicate the seams and use machinery for extracting the metals. It is intended, therefore, as by the regulations for the Kaiping mines in Chihli, to permit the lessees of mines to engage foreign workmen. The agreements with them must contain a stipulation that they are only to look after the mine and are not to interfere in politics."

On the other hand it will be seen from the following extract from the same regulations that foreign capital is intended to be wholly excluded:

"As in the case of the China Merchants' Steam Navigation Company, no foreigners will be allowed to hold shares in mines. . . . It is also forbidden to mortgage or sell the shares to foreigners, or to foreign companies; shares so transferred will be cancelled."

It appears from a letter of the Secretary of the British Iron Trade Association to the principal Chambers of Commerce throughout Great Britain which has recently been published, that the importation of machinery into China has been prohibited, but that representations have been made through the Foreign Office to the Chinese Government that this appears to be a violation of the Elgin and other treaties with China, under which the importation of goods into that country, not otherwise specifically mentioned in the tariff, is to be permitted under the general ad valorem clause, on payment of a duty of 5 per cent, on their declared value, at the treaty ports.

11. Further information in respect of the more modern regulations might be obtained if inquiries were made in China at mines actually working at the present time, e.g., the Tang-Shan Coal Mining Company in Chihli Province, and others.1

It will be seen from the above report that the system of mining law in China is of the "domanial" type, the mines being General held to be the absolute property of the Crown, which remarks. deals with them rather with a view to the direct financial return than to a general encouragement of the mining industry. This is in accordance with the general principle of the Chinese law, which recognises the Emperor as "Father of the National Family," in whom all property is primarily vested. It may at least be open to question whether such a system, coupled with a policy of exclusiveness towards foreigners, is likely to lead to any extensive or speedy development of the undoubtedly great mineral resources of the country.

The Kwangtung Regulations also provide for the mining being carried on under strict official supervision, and contain very special provisions as to the engagement of and for ensuring good behaviour amongst the workmen.

CHAPTER XX.

JAPAN.

NOTES AS TO MINING LAW.

THE mineral resources of Japan are known to be very great, gold and other metals having been worked from a very early period, and the working of coal having been extensively developed in recent years. The total export of coal from Nagasaki in the year 1891 amounted to 474,194 tons, valued at £325,691, and from other parts to 599,228 tons, valued at £302,007.1 Copper has also been extensively worked about twelve miles from Nikko ;2 and until a few years since, when superseded by the introduction of American oil, petroleum was worked successfully in several parts of Japan; indeed, of late years the output of petroleum has grown again considerably, having increased from 290,699 gallons in 1885 to 2,017,116 gallons in 1890. The following extract from a work recently published in Japan attests to the great importance of the country from a mineral point of view :

“The mineral wealth of this country as now known is something enormous. The coal in Hokkaido and Kiushu, antimony in Shikoku and Kiushu, and gold, silver, copper, and iron in these and other provinces, seem almost inexhaustible. Copper, which has been produced in immense quantities from ancient times, ranks first; gold and silver stand next; while coal, antimony, manganese, and sulphur, which are now being exported, follow."5

The history of the written mining law of Japan may be said to date from the Restoration in 1868. Previous to that date

Law as to

History of many mines appear to have been owned by private persons, but it is understood that the Government Mining. about that time bought up all mines which did not then already belong to it; thus in 1873, when the new mining

1 British Consular Report, No. 1,098 of 1892.

2 Engineering and Mining Journal, New York, Vol. LIV., p. 128.

3 "Transactions of Federated Institute of Mining Engineers," Vol. III., p. 698. 4"The Mining Industry of Japan during the last 25 years, 1867-92," by Wada Tsunashiro, published at Tokio, 1893, p. 9.

5 Ditto

ditto

ditto.

law was first promulgated, the Government took the Takashima colliery into its own hands, after paying some 360,000 dollars for it.1 The law of 1873 appears to have been merely tentative, and bore a strong resemblance to some of the laws relative to mining on Crown lands in the Australian Colonies, from which it was, no doubt, to a great extent adapted. The experience of seven years, combined with a great development of mining, especially for coal, led to the passing of an elaborate and well-considered law in 1890, which came into force on the 1st of June, 1892, and repealed the law of 1873 as from that date. The following short references to the provisions of the law of 1873 may, however, still be of interest, at least for the purpose of illustrating the alterations which have been made by the later law :

The Law

Under the law of 1873 all minerals (except building materials and substances useful for the cultivation of the soil, which the owner of the surface might dispose of at his pleasure), of 1873. were declared to belong to the Government, which was to have the sole right of working them, or of letting them to be worked under agreement by others. Rights to search might be granted, available for a year, and renewable, the owner of the surface having a preferential right to the search, provided that he was able to undertake it; the person making the search was not, however, entitled to work minerals except by special permission, nor does he appear to have been entitled to a right of working preferentially to other applicants. Leases might be granted to any Japanese subject by the State to work and dispose of minerals in mining setts of about 1,500 square yards each for a period of 15 years; but they were liable to forfeiture (1) if any foreigner obtained an interest in the undertaking, (2) if the lessee had not executed certain specified works within a year, (3) if the lease were transferred to a third party without the formal authority of the State, and (4) in case of failure to obey the official instructions as to drainage, or of the mine being allowed to get into an irreparably damaged state.

The worker of mines was entitled to take all land necessary for his working by a specified method of procedure, subject to making compensation for damage caused to the surface. Provision was also made for mutual easements of ventilation and drainage between adjoining mines, subject to payment of proper compensation; and the law provided for the establishment and maintenance of general galleries, as is common under the Spanish-American laws.

Under the law of 1873 the worker of a mining sett had to

"The Mining Industry of Japan," u.s., p. 235.

pay annually to the State a fixed tax of about 10s. per acre for metalliferous mines other than iron, and of 5s. per acre for all other mines, and a royalty tax of from 20 to 30 per cent. on the gross produce, fixed in each case, according to circumstances, by the mining authority; but the enforcement of so heavy a tax was necessarily impracticable, and it is understood that after two years from the passing of the Act it was not in fact attempted to be levied.

Existing Mining Law. The existing mining law of Japan (No. 87 of 1890) came into force on the 1st day of June, 1892, as from which date the law of 1873 was to be repealed, but permissions to explore or work mines granted before that date were to continue in force.1

Ownership

The law of 1890 declares that any mineral not mined shall belong to the State, and defines minerals as consisting and defini- of gold, silver, copper, lead, tin, antimony, mercury, zinc, iron, sulphate of iron, manganese, blacklead, coal, sulphur, and petroleum (Art. 2).

tion of minerals.

Restrictions from

The law declares (Art. 3) that no person except the subjects of the Empire shall be a mine-owner or a member of any association relating to mining industries, or a ownership. shareholder of any mining company in the dominion of the Empire.

In the case of mine-owners under disability through infancy, lunacy, &c., a guardian must be appointed (Art. 3), who is liable to penalties if the person whom he represents commits an offence against the Act (Art. 88).

Officials in the Mining Bureau of the State Department for Agriculture and Commerce, or in any District Mining Superindence Office, are prohibited, so long as they are in the service, from being mine-owners or interested in mining undertakings (Art. 4).

Mine-owners who have had their licenses withdrawn are prohibited from applying for one year for fresh licenses in the same mining area (Art. 5).

Mining partnerships must be represented by a principal, whose name must be reported to the District Superintendence Office (Art. 6).

Where land owned by another person or persons is required to be surveyed for mining purposes, the person desiring to make such survey must obtain permission in writing from the

1 A translation of this mining law, which is probably the only English translation in existence, was obtained by the author through the courtesy of the Japanese Secretary of Legation in London.