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by State or territorial laws for the publication of legal notices, and report to this Office should any infraction of this order occur.
" Very respectfully,
“ Commissioner. “ Approved : L. Q. C. LAMAR,
Secretary. “ Registers and Receivers,
“ U.S. Land Offices.
“ Second.—The date when the period allowed for appeal, Appendix reply, or other action by the party will expire, and a report C. XXVI. to the General Land Office by the local officers become due, must, in every instance, be distinctly noted on the UNITED dockets at the time notice is given to the party.
STATES. Third.—Upon every Saturday the dockets must be Replies to carefully examined, and reports to this Office made in all questions from cases where time for report has arrived.
Mr. Wright. "A strict observance of the foregoing is imperatively required.
* You will also, forthwith, make a thorough examination of your records, and immediately transmit reports in all cases in which reports are now due, entering on your dockets, as above required, the cases in which reports are becoming due.
“ Wm. A. J. SPARKS,
“ Commissioner. " Approved : “L. Q. C. LAMAR,
Secretary. “To Registers and Receivers,
U.S. Land Offices.”
“ MINING REGULATIONS FOR THE DISTRICT OF
July 28, 1885. “1. In pursuance of the eighth section of the Act of Congress, approved May 17, 1884, entitled, “An Act to provide a civil government for Alaska' (23 Stat , 24), it is hereby prescribed that the rules and regulations of the General Land Office and Department of the Interior, governing the administration of the mining laws of the United States, be adopted for and extended to the district of Alaska, so far as the same may be applicable.
“ 2. Notices required by mining laws and regulations to be published in a newspaper nearest the claim may, until newspapers are established in Alaska, be published in some suitable newspaper or newspapers printed in Washington territory, to be designated by the ex oficio register of the land district of Alaska.
“ 3. No public lands other than specific mineral claims are subject to survey or disposal in said district.
“4. The ex officio register, receiver, and surveyorgeneral, while acting as such, and their clerks and deputy-surveyors, will be deemed subject to the laws and regulations governing the official conduct and responsibilities of similar officers and persons under general Statutes of the United States.
“ 5. The Commissioner of the General Land Office will from time to time direct the ex officio land officers in the proper discharge of their official duties, and will exercise the same general supervision over the execution of the laws as are or may be exercised by him in other mineral districts.
“ L. Q. C. LAMAR,
Secretary, Approved : “ GROVER CLEVELAND.”
[Circular.] “ A.]
Department of the Interior,
Washington, D.C., “ GENTLEMEN,
December 18, 1885. “ The habitual failure of local officers to promptly notify this Office when appeals are not taken from decisions or action of this Office, or where parties do not comply with requirements made, or where they take no action under notices directed to be given, involves great embarrassment and delay, and causes unnecessary correspondence, to obtain the information which you are expected and required to furnish without special calls therefor.
“ In order to obviate these difficulties it is directed :
“ First.—That in each local land office at least two current dockets must be kept: “ 1. A docket of contested cases, in which every case of
individual contest shall be entered when initiated, and thereafter a memorandum of every order made or action taken in such case, either by the local office or by this Office, or by the Secretary of the Interior, shall also be entered as soon as any
action is had or notice thereof received. “ 2. A docket, in which shall be entered every entry of
any character which is held for cancellation, or in which further evidence is called for, or other requirements made involving the right of appeal or other action by the party, and reports thereon by the local officers. In each case memoranda shall at once be entered on the docket of all holdings, calls, or other action by this Office, stating the nature thereof, the time allowed for appeal, reply, or other proceeding, the date and initial of Commissioner's letter, and the date of notice and evidence of service of notice, together with any other memoranda deemed necessary,
“ Department of the Interior,
August 5, 1886. By virtue of the power vested in the Secretary of the Interior by the first section of the Act of June 3, 1878, entitled “An Act authorising the citizens of Colorado, • Nevada, and the Territories to fell and remove timber on • the public domain for mining and domestic purposes,' the following rules and regulations are hereby prescribed :
“1. The Act applies only to the States of Colorado and Nevada, and to the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, and Montana, and other mineral districts of the United States not specially provided for.
“ 2. The land from which timber is felled or removed under the provisions of the Act, must be known to be of a strictly mineral character, and that it is not subject to
entry under existing laws of the United States, except for • mineral entry.'
“ 3. No person not a citizen or bonâ fide resident of a State, territory, or other mineral district provided for in said Act, is permitted to fell or remove timber from mineral lands therein. And no person, firm, or corporation felling or removing timber under this Act shall sell or dispose of the same, or the lumber manufactured there. from, to any other than citizens and bonâ fide residents of the State or Territory where such timber is cut, nor for any other purpose than for the legitimate use of said purchaser for the purposes mentioned in said Act.
“ 4. Every owner or manager of a saw-mill, or other person felling or removing timber under the provisions of tnis Act, shall keep a record of all timber so cut or removed, stating time when cut, names o parties cutting the same or in charge of the work, and describing the land from whence cut by legal subdivisions if surveyed, and as near as practicable if not surveyed, with a statement of the evidence upon which it is claimed that the land is Inineral in character, and stating also the kind and quantity of lumber manufactured therefrom, together with the names of parties to whom any such timber or lumber is sold, dates of sale, and the purpose for which sold, and shall not sell or dispose of such timber, or lumber made from such timber, without taking from the purchaser a written agreement that the same shall not be used except for building, agricultural, mining, or other domestic rurposes within the State or territory, and every such purchaser shall further be required to file with said owner or manager a certificate, under oath, that he purchases such timber or lumber exclusively for his own use and for the porposes aforesaid,
“ 5. The books, files, and records of all mill-men or other persons so cutting, removing, and selling such timber or lumber, required to be kept as above mentioned, shall at all times be subject to the inspection of the officers and agents of this Department.
“6. Timber felled or removed shall be strictly limited to building, agricultural, mining, and other domestic purposes within the State or territory where it grew.
“ All cutting of such timber for use outside of the State or territory where the same is cut, and ail removals thereof
Alipendix C. XXVI.
STATES. Replies to questions from Mr. Wright.
outside of the State or territory where it is cut, are (4 L.D., 221), the Hon. Secretary of the Interior holds forbidi'en.
that the circular instructions of 9th December 1882, and “7. No person will be permitted to fell or remove any
' the first requirement of the circular of 8th June 1883, growing trees, of any kind whatsoever, less than eight are erroneous, and the same are accordingly overruled.' inches in diameter.
“ 2. Said decision also holds“8. Persons felling or removing timber from public
“ That the annual expenditure to the amount of $100, mineral lands of the United States must utilise all of each required by section 2,324, Revised Statutes, must be made tree cut that can be profitably used, and must cut and upon placer claims as well as lode claims. remove the tops and brush, or dispose of the same in such “ 3. That compliance with the terms of this chapter,' manner as to prevent the spread of forest fires: The Act as a condition for the making of application for patent under which these rules and regulations were prescribed according to section 2,325, requires the preliminary provides as follows :
showing of work or expenditure upon each location, either “ Sec. 3. Any person or persons who shall violate the by showing the full amount sufficient to the maintenance provisions of this Act, or any rules and regulations in of possession under section 2,324 for the pending year; pursuance thereof made by the Secretary of the Interior, or, if there has been failure, it should be shown that work shall be deemed guilty of a misdemeanour, and upon con- has been resumed so as to prevent relocation by adverse viction shall be fined in any sum not exceeding five parties after abandonment. hundred dollars, and to which may be added imprisonment “The pending year' means the calendar year in for any term not exceeding six months.
which application is made. And you will observe that the “ 9. These rules and regulations shail take effect paragraph has no reference to a showing of work at date September 1, 1886, and all existing rules and regulations
of the final entry. heretofore prescribed under said Act, inconsistent here
“ 4. • That as section 2,325 only directs proof of with, are hereby revoked.
“Wm. A. J. SPARKS,
expenditure to the amount of five hundred dollars by “ Commissioner.
certificate of the surveyor-general on the claim embraced in
the application for patent, it must be error to hold that it "Approved August 5, 1886:
further requires that amount on each individual original * L. Q. C. LAMAR,
location, in lieu of the amount already provided for by “ Secretary."
“5. Registers will, therefore, before receiving any appli. “[Circular. --Registered Letters.]
cations or permitting entry upon applications already made, “A.] Department of the Interior,
require a satisfactory preliminary showing of work or “ General Land Office,
expenditure, under paragraph 3 hereof, upon or for the “Washington, D.C.,
benefit of each location embraced in the claim, which may, “ GENTLEMEN,
October 28, 1886.
where the matter is unquestioned, consist of the affidavit “In addition to the registration of notices of
of the applicant, clearly and specifically setting out all the hearings and decisions, as provided in circular of Oc- facts constituting the compliance with the law by himself tober 15, 1884, it is hereby directed that all notices
or grantors. Where application is made by an incorporequired to be given by you of your decisions, or of
rated company, or where an applicant satisfactorily shows decisions of this Office, involving the right of appeal, or
by affidavit that he is not personally acquainted with the the exercise of other rights within a certain time or facts, the applicant's affidavit may be made by the duly compliance with some official requirement will hereafter be authorised agent who has such knowledge, but whether
made by principal or agent, it must be specifically and fully served by you personally or by registered letter. “When personal service is had, you will transmit to corroborated by the affidavits of at least two disinterested
This this office the acknowledgment of such service or evidence
and credible witnesses familiar with the facts. thereof. When service is made by registered letter, the
showing must include the year in which the application for return letter receipt, or returned letter, as the case may
patent is filed. The evidence specified in paragraph 32 of
Circular N. of October 31, 1881 will still be required. be, must, in every instance, be sent up with the papers in the case.
Where the abstract of title is dated prior to the date of “The costs of registration will be paid out of the
filing the application for patent, a continuation of the advances from the proper appropriations, and estimates
abstract to and including such date must be filed before therefor will be embraced in the usual requisitions.
the applicant is allowed to make entry. Very respectfully,
“ Where an application for patent embraces several ** Mm. A. J. SPARKS,
locations or claims held in common, constituting one entire 66 Commissioner.
claim, whether lode or placer, an expenditure of five
hundred dollars, under section 2,325, R.S., upon such Approved: " L. Q. C. LAMAR,
entire claim embraced in the application, will be sufficient, “ Secretary
and need not be shown upon each of the locations
included therein. Registers and Receivers,
“ Yow will observe carefully the modification of the " and Surveyors-General."
practice and regulations as above indicated.
• Wm. A. J. SPARKS,
“ Commissioner.” “ [Circular.]
Approved March 24, 1887:
** H. L. MULDROW,
“ March 24, 1887.
“ and Surveyors-General.”
Third Report, Walmesley, 14,276d.
Bramston, 15,197. Raymond, 14, 155.
State, with the right of working them itself, or of disposing
of them to the highest bidder as it thinks proper. This Introduction.
system prevails in parts of Italy and in Luxemburg.
C.—The third system is called by the French authors
regalien” system, and is that system under which
the State does not work the mines itself, or dispose of
them to the highest bidder, but confers the privilege of
persons, who must deal with the mines under established
regulations and pay a tax to the State. This is, in fact,
the system of “concession,” which prevails in France and John Bramston, C.B., and Mr. R. W. Raymond, and to
most of the other countries of the European continent. corrections or suggestions which had been made from various
There are, however, various subdivisions of the last-men-
tioned system, depending upon the mode in which the
concessions are granted.
1. AS REGARDS THE PERSON TO WHOM THEY ARE
2. As REGARDS THE PERIOD FOR WHICH THE CON-
GRANTED—e.g., in perpetuity (as in different portions of the same country, in details and
France), or for terms of years (as in Turkey), or sometimes in principle. On careful examination, however,
3. As REGARDS
THE SUBSTANCES TO WHICH THE
of the soil within the area to which the concession
extends (as in Spain and Austria), or
alone (as in France and Germany).
And there are many other differences which may,
perhaps, be considered rather as constituting differences
The differences which are admittedly only differences of
detail, are also very numerous and important. of railways. The principal types before referred to are, it
It is proposed in the following notes to set out under seems to be generally admitted, capable of being reduced
separate headings the principal distinctive features of the to three.
different legislations, so far as they are likely to be of use A.—The first of these is spoken of by French authors as
or interest in considering the points which come within the the system of “ accession,” under which (as in England,
scope of the present inquiry, preluding the notes with except as regards royal mines) the minerals accede to or go
reference to the existing legislation of each country, with the ownership of the surface.
wherever the materials for such a purpose are available, B.– The second is called by the French authors the with a short sketch of the HISTORY OF THE LAW AS TO “ domanial” system, under which the nines belong to the THE OWNERSHIP OF Mines in such country.
Notes on the Mining Laws of ladia, the Colonies, and Foreign Jountries, revised by Mr. Waimesley.
Ag.–Législation des Mines Française et Etrangère, par
Louis Aguillon, Ingénieur en Chef des Mines, Professeur de Législation à l'Ecole Nationale Supérieure
des Mines, Paris. Vuill.-Nouvelle Carte des Bassins Houillers du Nord
et du Pas-de-Calais, par E. Vuillemin. W. & H.-Code de l'Industrie et des Mines, par Camille
Williquet, avocat, etc., et Herman Hubert, ingénieur
des mines, Belgium. The “ Blue-book” which is frequently referred to in
these notes is the book containing the Reports of “ H.M. Representatives abroad on Mining Rents “ and Royalties and the Laws relating thereto." (1887, Commercial No. 7.)
It is then proposed to give (in tabulated form where possible) particulars of the MODE IN WHICH MINERAL SUBSTANCES ARE CLASSIFIED in each country, showing in whom the ownership of each class is vested, and to whom taxes or royalties (if any) are payable in respect of each class. From these tables it will be amply apparent that the substances which lie beneath the soil are not on the Continent, as in England, all usually subject to the same ownership, or incidents of ownership, but are divided with respect to owne
nership in a great variety of ways, both as regards the heads of division
and as regards the mode in which the various substances are allotted under such heads. It is proposed in these tables to show to whom rents or royalties or other taxes or impositions in the nature of rent are payable; and it will be seen from this portion of the notes that in many cases, even under the system of concession, payments are made to the owners of the surface, in addition to all sums payable for compensation in respect of occupation or damage.
The subject of SEARCHES FOR Mines is next proposed to be dealt with, and in this respect again it will be seen that there is great difference between the different systems; in some cases (as in Germany) the right of search being open to every one who will indemnify the surface-owner against damage ; in other cases (as in France and Belgium) no one except the owner of the surface being allowed to make the searches, without the consent of such owner or the authority of the mining administration; and in other cases (as in Austria-Hungary) not even the owner of the surface being allowed to search for the mines which are reserved from the ownership of the soil, without the permission of the mining authority. There are many further differences as to the conditions on which searches may be made.
It is then proposed to describe in respect of each country in which the system of concession obtains THE MODE IN WHICH
PERSONS BY WHOM CONCESSIONS MAY BE OBTAINED, THE CONDITIONS ON WHICH THEY MAY BE OBTAINED, AND THE MODE IN WHICH THEY
WITH, UNITED, DIVIDED, SURRENDERED, OR FORFEITED. Instances will be given illustrating the mode in which concessions are dealt with by sale or lease. Most of these instances are taken fron: published particulars of English limited companies which have acquired concessions of mines abroad (it being found difficult to obtain many particulars as to private arrangements), but many of them have been supplied by parties who have been actually interested in the dealings specified.
THE MODE IN WHICH AND THE CONDITIONS UNDER WHICH THE RIGHT TO WAYLEAVES, BOTH INSIDE AND OUTSIDE THE AREAS OF THE CONCESSIONS CAN ACQUIRED, will then be noticed. Particulars will then be given with respect to each country of the provisions of the law with respect to INSPECTION AND REGULATION OF MINEs, and of the arrangements which are usually made, whether compulsorily or otherwise, for the RELIEF OF WORKMEN in case of accidents, &c.
Some slight description of the ConstiTUTION OF THE MINING AUTHORITY OR ADMINISTRATION in countries where such an adıninistration exists will also be given, and GENERAL OBSERVATIONS will be offered, where they appear to be called for, with reference to the systems existing in the different countries.
THE AVERAGE HOURS or WORKING BY AND THE RATES OF WAGES PAID TO THE DIFFERENT CLASSES or WORKMEN EMPLOYED ABOUT MINES will also be stated, where materials for the purpose are available. It тау
te observed that with the view of restricting these notes within reasonable limits, those countries only have been dealt with which from the value of their mining wealth, and the consequent opportunity afforiied to them of competition with England, seems to deserve special notice. As regards India and the Colonies, many of which possess separate mining codes and administra
ions, it has only been considered necessary to make a sort of index for reference, which was prepared some time since, but which has been corrected so far as possible up to the date of the other notes.
Much of the information given in the following notes has been collected from the French and Belgian textwriters, whose names and works (referred to by abbreviations as below) are as follows, viz. :DUPONT.-Cours de Législation des Mines,
par M. Etienne Dupont, Inspecteur Général des Mines
es Professeur à l'Ecole des Mines, Paris. F.-G.-Code des Mines et Mineurs, par L.J. D. Féraud.
Giraud, conseiller à la Cour de Cassation, Paris.
NOTES AS TO MINING LAW. Previously to 1791 the law as to the ownership of History of law as mines in France appears to have varied in character at mines.
to ownership of different periods. M. Etienne Dupont, InspectorGeneral of Mines and Professor of the School of Mines at Paris, is of opinion that originally the French law was based upon the Roman law, under which permission to work mines was granted to explorers on pay, ment of one-tenth part of the produce to the Imperial Treasury, and one-tenth part to the owner of the soil ; that in the feudal times the rights of the Crown were split up, and, so far as concerns the mines, passed to the feudal lords; but that the kings gradually repossessed themselves of their regal rights in respect of mines, so much so that in the 15th century a chief superintendent of mines was appointed (by Louis XI.), having power to work mines or give others permission to work them, saving the indemnity payable to, and the right of preference given to, the owners of the soil. Other variations of the law succeeded, and under a decision of the Privy Council of 13th May 1698, Louis XIV., notwithstanding his previous edicts, conferred on the owners of the soil the free right of working coal mines -a right which was withdrawn under Louis XV. in 1744, when coal inines were placed, like other mines, under the system of concessions or permissions. The concessions were not, however, previously to 1791, well defined nor well respected by the power which had created them, and the need of a general law of mines made itself felt. In 1781 four inspectors of mines and quarries were appointed, and in 1783 the School of Mines was established in Paris.
The law of 28th July 1791 (passed by the National Assembly of 1789) declared that mines, both metallic and non-metallic, also bituminous substances, coals and pyrites, were subject to the disposition of the nation, in this sense only—that such substances could not be worked but by the consent of the nation, and under inspection. By this law the right of preference in obtaining concessions was given to the owners of the soil, who were also authorised to work mines in their own grounds to the depth of 100 feet without concessions. It also limited the term and areas for which concessions were to be granted to 50 years and 120 square kilometres respectively.
By the Civil Code of France (Art. 552) the owner of the soil was declared to be the owner of everything above and below, but subject to the laws and regulations relating to mines.
On the 21st April 1810 the law was passed, under the Emperor Napoleon I., after careful preparation and full discussion by the Council of State which (with some modifications) still regulates the ownership and management of mines in France.
The preferential rights to concessions given to the owners of the soil by the law of 1791 no longer exist; but the law of 1810 (Art. 6) recognises a claim by the owner of the soil upon the produce of the mines to be regulated by the Act of Concession, and (by Art. 7) the concession confers a perpetual right which is capable of disposition and transmission like all other property, except that it must not be sold in lots or partitioned without a previous authorisation of the Government to be given in the same form as the concession.
By Art. 8 the mines and plant, &c. ar declared to be immovable (corresponding win inglisn real) property, whilst the extracted minerals, &c. are declared to be movable (corresponding with English personal) property.
It must not, however, be supposed that all the substances which in England are held to be included within the meaning of the word miuerals” are in France the subject of concession, and so practically reserved from the estate of the surface owner.
The law of 21st April 1810 was supplemented by the three following decrees, viz. :
Decree of 18th November 1810, organising and regu. lating the duties of the corps of mining engineers.
Decree of the 6th May 1811, regulating the process of collection of taxes on mines (Ag: § 488, &c.). This was afterwards modified by two decrees of the 30th May 1860 and the 11th February 1874, having referonce to the system of compounding for such taxes.
Decree of the 3rd January 1813, regulating the police of mines and the steps to be taken for the prevention of, or in cases of, accidents.
A law of the 27th April 1838 provided for a general system of contribution amongst concessionnaires in the event of the flooding of their mining district, and established the right of the administration to withdraw concessions under certain circumstances and subject to certain restrictions.
A law of the 17th June 1840 has reference to salt mines, which had not previously been brought within the provisions of the law of 1810.
A decree of the 23rd October 1852 forbade the union of different concessions of the same description without the consent of the administration.
A law of the 9th of May 1866 abrogated the provi. sions of the law of 1810 (Arts. 73 to 78), which had rendered it obligatory to obtain the previous permis. sion of the administration to the establishment of fur. naces, forges, or manufactories of iron, and also the corresponding provisions of the same law (Arts. 59 to 67, 70, 79, and 80), which had made it obligatory upon the owners of minières and the concessionnaires of iron
mines to keep the owners of furnaces (maitres des Appendix I).
Notes on the minières in their neighbourhood if not sufficiently of India, the
Mining Laws worked by the proprietors.
Manufactories of iroil Colonies, and were in fact before 1866 specially protected industries ; Foreign the law of that year made them free and brought them Countries, within the sphere of the ordinary economic law or revised by Mr. supply and demand (Dupont, 440).
Walmesley. The law of 1810 was again modified by the law of 27th July 1880, which substituted a new text for cer. tain Arts. (11, 23, 26, 42, 43, 44, 50, 70, 81. and 82), leaving ivtact the numerical division and the principal features of the old law. The modifications made by the law of 1880 in effect bear upon the following points, viz. : reduction of the right of protection for dwelling. houses against the opening of new works; dimination of the length of inquiries relative to the institution of concessions; declaration of the mode in which the royalty payable to the owners of the surface is to be ascertained (Ag. § 282); regulation of procedure for occupation of land within the areas of concessions; the power of opening works for safety or communication outside the areas of concessions; extension of the power of official supervision over mines; regulation of the relations between parties simultaneously work. ing mines and minières on the same bed of iron ore; and amplification of the provisions relative to the power of the administration in reference to carrières.
Further legislation on the subject of mines which is now in contemplation is referred to more fully hereafter.
The following table is intended to illustrate the classification of mineral substances according to the existing French law, with the rules as to ownership, &c. of the different classes :-
The royalties payable to the
owners of the surface are
of 27th July 1880.
vernment are regulated by
I. Mines, viz., the following In concessionnaire, or his Partly to the owners of the mineral substances when assigns.
surface. The royalties paylying in veins, seams, Can only be worked by vir- able to the owners of the lumps, i.e.:
tue of an Act of Conces- surface are sometimes proGold.
sion from the State, which portional to the yield, someSilver.
vests the property in the times fixed, and sometimes Platinum.
concessionnaire for ever, partly fixed and partly proMercury.
but with power to dispose portional. They are geneLead.
of and transmit the same rally known as “Redevances Iron in veins or seams. like all other property,
trefoncières,” being reguCopper.
except that it cannot be lated by the Acts of ConTin.
sold in lots or divided cession. Zinc.
without the consent of the Partly to the Government. Calamine.
Government given in the The taxes payable to the Bismuth.
same form as the con- Government are partly fixed Cobalt. cession.
and partly proportional to Arsenic.
the yield, and in addition Manganese.
10 per cent. on the amount Antimony.
of the taxes is to be paid Molybdena.
towards a fund in favour of Plurobago, or other metallic
unproductive mines, so as matters.
to permit a reduction of Sulphur
the tax in the case of proCoal (of earth or stone).
prietors of mines who have Fossilised wood.
experienced losses or acciBituminous substances.
dents. Alum or sulphates from
metallic bases *
oret (such as can be worked 432); but when worked No royalties are payable to
made to, the prefect of
the Department. III. Carrières, or quarries of In surface-owner. Before As in the case of minières (see slate, stone, marble, lime
working declaration above), the Government stone, sand, clay, &c., worked must be made to the may, in case of necessity, either by open or under- mayor and be transmitted take materials for road or ground workings.
to the prefect in order to public works, making com-
pensation for same.
Law of 21st April 1810, Arts.
57 to 70 (partly abrogated
Law of 21st April 1810 (Ari.
81), as modified by law of
* 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 (Dupout, 431). This arises from the construction of Arts. 69 and 70 of the law of 1810.