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 MINING LAW IN BRITISH COLUMBIA, MEXICO, 
 AND THE UNITED STATES. 
 
 JSv Rossitcr IV. Rayinoiui. 
 
 AS j\Ir. Hammond remarks in the preceding article, the rapidity 
 of development, and consequently the life, of a mining 
 district must be dependent to a great extent upon the mining 
 laws. Mr. Hammond indicates briefly the tenor of the present and 
 former statutes thus affecting mining on the Rand. 
 
 The following brief summary =^' of mining legislation affords a 
 basis for comparison in judging of the spirit of the laws of the South 
 African republic, and estimating iheir relative effect. 
 
 Till- United Stixtcs. The federal law relating to mines applies 
 only to public land in certain States and territories, and concerns 
 only the terms upon which mineral land may be occupied and pur- 
 chased. Although extremely vague, difficult of construction in many 
 cases, and productive of much uncertainty and litigation between con- 
 flicting claimants of title, it is very liberal towards explorers and 
 locators, and, with all its faults, has undoubtedly stimulated an in- 
 tense activity in prospecting and a consequently rapid, if somewhat 
 wasteful and speculative, development of the mineral resources of the 
 Rocky mountains and the Pacific coast. It is impossible to give 
 here more than a bare outline of the main features of the system, as 
 finally established in 1872. 
 
 All mineral deposits in public lands of the United States are free 
 and open to exploration and purchase, by citizens and those who have 
 declared their intention to become such. The discoverer of a min 
 eral deposit (or the re-locator of an abandoned one) stakes out a 
 claim, and records his location thereof, on payment of a trifling fee. 
 (Special privileges are granted to discoverers of veins by tunnels. ) 
 Lode-claims (containing veins or lodes of quartz or other rock in 
 place, bearing valuable mineral) cannot exceed 1,500 feet in length, 
 or 300 feet in width on each side of the vein at the surface, or be re- 
 stricted to less than 25 feet on each side the vein, unless pre-existing 
 rights make this necessary. Placer-claims (containing any other form 
 of deposit except " lodes ' ' ) are limited to 20 acres for individuals and 
 160 for associations. Lode locators enjoy possession of the surface, 
 and the ownership, to any depth, of all veins the apexes (upper 
 
 * The imWisliors, ;it Mr. Haminoiul's siiKSestioii, li.ivc "litaiiioil f.om Ur. Koss 
 Kayiiiciiul, seiictary of the Anieiiiaii Institute olMiiiiiiK Eiiniiieers, the accompanyi 
 stract of the tniiiiiiK laws of tlie I'liited States, Mexico, and Hiitish (."ohiiiibia. Dr. Ra 
 desires it to be uiideistood that, by reason of the limited space available, his suini 
 necessarily far from comprehensive. 
 
 ilitaineil fioin Dr. RossiterW. 
 
 >anyiiig ab- 
 
 I . Raymond 
 
 inary is 
 
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 926 
 
 MINING LA W IN NORTH AMERICA. 
 
 edges) of which lie vertically under it, though the veins thus owned 
 pass downward into adjoining lands. This so-called extra-lateral 
 right is attended with a corresponding deduction from the title of the 
 locator, — that is to say, the ownership of veins entering his land is 
 vested in the owners of the locations which contain their apexes. 
 Moreover, the extra-lateral right is dependent upon certain conditions- 
 in the location. This must have parallel end-lines, vertical planes 
 through which are the boundaries of the said right. Until a locator 
 has proceeded to purchase outright, he holds his claim by possessory 
 title, subject to the fulfillment of local regulations. In this respect, 
 the federal law makes but one regulation — that the amount of work, 
 annually done on each claim shall be not less in value than $100. 
 Failure to observe these conditions forfeits the claim without any 
 official notice, leaving the land open to occupation and re-location. 
 
 A complete title is obtained by application for a United States- 
 mineral land patent, survey by a government surveyor, advertisement 
 of the application for 90 days, proof of the expenditure of not less 
 than 5500 in labor or improvements on the claim, and payment of ^5 
 per acre and fees. If no adverse claim is filed during the period of 
 advertisement, a patent issues upon the fulfillment of the other condi- 
 tions named. The patent confirms, and renders independent of an- 
 nual " assessment- work," the rights and privileges previously held 
 under possessory title by the locator. In case of an adverse claim, 
 the proceedings of the United States land office are suspended, until 
 the adverse claim has been adjudicated by a court ; a suit for that 
 purpose must to be brought by the adverse claimant within 30 days. 
 
 No limit is set to the number of locations which may be held by 
 one owner, and there is no restriction upon the transfer of possessory 
 witles, or interests therein. Indeed, the mere fact of location with- 
 draws the land from the public domain, and the holder of a patent is 
 a private owner of real estate in fee, and, as such, can do what he 
 likes with his property. Provision is also made for the location and 
 purchase of mill-sites. 
 
 The price for placer- "laims is $2.50 per acre. Coal-lands and 
 salines are sold like agriculural lands, but at special prices. 
 
 It will be seen that the l.iw grants the utmost freedom to explorers 
 and miners, and that (apart from the trifling price per acre of claims 
 patented) the government does not attempt to derive from its mineral 
 lands any revenue. Mining is placed in this respect on the same foot- 
 ing as all other industries. 
 
 Mexico. The famous ordinances decreed in 1783 by the king of 
 Spain are said to have been in some respects a codification of Aztec 
 mining customs. After the establishment of Mexican independence^ 
 
 ^Vv 
 
 . I ..I 
 
 ■ ^ ..\. s 
 
 
MINING LA W IN NORTH AMERICA. 
 
 927 
 
 mining legislation was left largely to the several States, with much 
 confusion as the result. In 1883 the States adopted an amendment 
 to the constitution, authorizing the federal government to regulate 
 mining for the whole republic. The mining code of 1884, framed 
 under this authority, was an advance upon the previous condition of 
 mining law in Mexico ; but it was cumbered with minute details, 
 harassing and discouraging to investors and adventurers. A more 
 liberal statute came into operation July i, 1892, and is now in force. 
 Under this statute mines of gold, silver, platinum, mercury, iron, 
 lead, copper, tin, zinc, antimony, nickel, cobalt, manganese, bismuth 
 and arsenic, precious stones, rock-salt, and sulphur are granted by 
 concession. Mineral fuel, mineral oils and waters, building mate- 
 rials, sand, clay, etc., and substances not included in the concession- 
 ary list, are the property of the owner of the soil, and may be worked 
 freely without any concession. Mine-workings of both classes, how- 
 ever, are subject to State inspection and regulation. Any inhabitant 
 of the republic may hold mining property. There is no distinction 
 against aliens. Mining titles under concessions are perpetual and 
 irrevocable, so long as the federal tax is paid. Such titles may be 
 freely assigned and transferred, provided due report and registry of 
 the change of ownership be made. 
 
 The unit of concession is always a vertical prism of indefinite 
 depth, having for its external base a surface-square 100 meters on 
 each side. This unit is indivisible. In cases where, between new 
 concessions and older ones, space is left smaller than one unit, that 
 space is also granted to the first applicant. In the granting of conces- 
 sions, the explorer and discoverer of a new mine has preference, if he 
 applies before the actual grant has been made. Otherwise, priority 01 
 application governs ; and the applicant can have as many units as he 
 is willing to pay for, so far as ungranted ground is available. The 
 c. '"'^ession does not carry surface-ownership. But the mine-owner 
 may v, "upy any surface land needed for mining. If it be private 
 land, he niuoi agree with the owners as to the terms of his use of it. 
 If such agreement cannot be made, proceedings for legal condemna- 
 tion are taken. The payments exacted are as follows. The conces- 
 sionaire must pay $10 per unit (10,000 square meters) of his conces- 
 sion at the time of its issue. This is a stamp-tax, stamps to the re- 
 quired amount being placed on the patent issued to him. He must 
 also pay an annual tax of $10 per unit, in three equal parts during 
 the year, under penalty of fines and forfeiture. Finally, he must pay 
 (with the exceptions specified below) an annual tax of 2 per cent, on 
 the products of mining, without deduction for expenses. Mines oi. 
 stone, coal, petroleum, iron, and quicksilver are exempt from this tax. 
 
 442'<f8 
 
928 
 
 MINING LA W IN NORTH AMERICA. 
 
 
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 Metallurgical works and shops may be taxed up to $6 per ^i,ooo upoa 
 the value of their real estate and machinery. 
 
 On the public land, prospecting by boring, or by excavations not 
 exceeding ten meters in depth, is free to all inhabitants of the repub- 
 lic. On private land the consent of the owner, or else a special ex- 
 ecutive permission, granted after due hearing, and upon security for 
 damages, is required. The owner alone can authorize prospecting 
 within buildings or their dependencies, and it is not permitted m- 
 towns. All mine-workings must conform to the rules made to secure 
 safety and permanency. Otherwise, the owners have entire liberty, 
 being responsible for accidents or damages caused by their neglect. 
 
 British Columbia. Like other provinces of Canada, British Co- 
 lumbia has its own mining laws. Omitting here the coal acts of 
 1 888, and the act of 1897 for the inspection of mines to secure the 
 safety and health of workmen, we have the placer mining act of 1891, 
 amended in 1894, 1895, and 1896, and the mineral act of 1896, 
 amended in 1897. According to these statutes, every " free miner " — 
 i.e.., person or company holding a free-miner's certificate, which costs 
 $5 per annum for an individual, 550 for a company having a nomi- 
 nal capital not exceeding $100,000, and $100 for one having larger 
 capital — has the right to enter, locate, prospect, and mine upon any 
 waste lands of the crown for all minerals except coal. In certaia 
 cases, where the lands are already lawfully occupied for other pur- 
 poses (though the rights as to gold and silver have been reserved by 
 the crown), he may be required to give security and pay damages to 
 the prior occupants or owners. 
 
 Any free miner may locate a claim, as nearly as practicable, and 
 not exceeding, 1,500 feet long by 1,500 feet wide; the form to be 
 rectangular, unless pre-established boundaries interfere. The claim 
 must be suitably marked with posts, and particulars thereof, together 
 with affidavit of the discovery of mineral in place, must be furnished 
 to the mining recorder for record. The holder of a claim is entitled 
 to all minerals within it, but not to anything outside vertical planes- 
 drawn through its boundaries. (From 1884 to 1892 the British 
 Columbia law was a practical copy of that of the United States, and 
 granted claims 1,500 by 600 feet in size, with the attached extra- 
 lateral right. There is still some litigation over the rights thus given 
 to old locations, but the source of such trouble has been wisely 
 closed. ) The record entitles the locator to hold the claim for one 
 year, and thereafter from year to year without re-recording, provided 
 he keeps his miner's certificate in force and files proof of $100 worth 
 of work done in each year, or pays $100 in lieu thereof, and records 
 the official certificate of such facts. A lapse in respect to either of 
 
MINING LAW IN NORTH AMERICA. 
 
 929 
 
 these two certificates forfeits all rights, and the claim is deemed va- 
 cant and abandoned. The interest of a free miner in his claim is a 
 chattel interest, equivalent to a lease for one year, renewable from 
 year to year, and subject to performance of the conditions of the act. 
 
 Any lawful holder of a mineral claim may obtain a crown grant 
 therefor on the following conditions : (//) improvements to the value 
 of $500 on the claim, or a payment of $500 in lieu thereof; (/^) 
 proof of the finding of a vein — i.e., a body of valuable mineral-bear- 
 ing rock in place — within the claim ; (t) survey by a Provincial sur- 
 veyor; (^/) posting and advertisement of notice to apply for a grant 
 after 60 days; (^/, e,f, g, //) issue, after due filing Oi papers required, 
 and in the absence of adverse claim within 60 days, of a "certificate 
 of improvements." (Adverse claims suspend these proceedings, and 
 must be pushed promptly and with diligence to judicial determina- 
 tion.) Upon the granting and recording of this certificate, the 
 claim-holder is entitled to a crown grant of the claim on payment of 
 $^ per acre, provided he applies for the same within three months. 
 The crown grant for a mineral claim carries the mineral right and the 
 use and possession of the surface (including timber) so far as neces- 
 sary for mining. The other surface-rights are reserved to the crown 
 or to the private owner, but the grantee of the mineral claim may 
 purchase the complete surface-title besides, if the land be unoccupied, 
 for $5 per acre. Crown grants for mill sites not exceeding 5 acres 
 may be similarly had at ^5 per acre ; but these grants reserve the 
 mineral right to the crown. It will be seen that, with regard to 
 crown lands, the law contemplates the mineral right and the soil- 
 ownership as two separate estates, and values each at |!5 per acre, for 
 sale under certain conditions to qualified applicants. 
 
 Placer claims are divided into creek claims, bar- diggings, dry dig- 
 gings, bench- diggings, and hill-diggings. A creek-claim is 100 feej 
 long and 100 feet wide — or more, if the distance across the creek from 
 bench to bench is greater. In bar-diggings a claim is 100 feet long at 
 high-water mark, and in width extends from high-water to low-water. 
 In dry diggings and bench-diggings a claim is 100 feet square ; and, 
 in hill-diggings, it has a frontage of 100 feet along the ravine, and ex- 
 tends back to the summit of the hill. Larger claims are allowed to 
 first discoverers. Placer-miners must have free miners' certificates. 
 Claims must be recorded and re-recorded at $2.50 per annum, and 
 must be worked every season, unless leave of absence is granted. 
 
 No direct tax or royalty is levied in British Columbia on the 
 prooict of the mines, but all miners, whether employers or em- 
 ployed, must keep their miners' certificates in force. These may be 
 paid for by a company, the amount being deducted from wages due.