Each foot of any shaft, winze or rise of over 40 and up to 65 square feet superficial area shall count as two feet of development work.

Each foot of any shaft, winze or rise of over 65 square feet superficial area shall count as three feet of development work.

Each foot of any drive, and adit and tunnel from surface of 48 square feet superficial area and over shall count as two feet of development work.

Depth.

Each foot of any portion of a shaft, winze or rise or any drift, the floor of which is 60 feet below the natural surface at the working point, shall count as one foot of development work; exceeding 60 feet and up to 100 feet, as one and a half feet; exceeding 100 feet and up to 200 feet, as two feet; exceeding 200 feet and up to 300 feet, as three feet; exceeding 300 feet and up to 400 feet, as four feet; exceeding 400 feet and up to 500 feet, as five feet; and exceeding 500 feet, as six feet.

Distance from Entrance.

Each foot of any portion of an adit or tunnel from surface, which is 100 feet to 300 feet from a point in the centre of the roof at the entrance, shall count as one and a half feet of development work, and each foot of any portion 300 feet or more from such point shall count as two feet of development work.

General.

All dimensions must be taken at right angles to the line of direction of the work, and in the clear between outside timbers if in position, or allowing for them if they are to be put in later.

Depth in incline work is to be measured off on the incline. The allowances for dimensions and depth or distance from entrance will be cumulative, viz. each foot of any portion of a shaft of over 65 square feet superficial area, which is over 100 feet from the surface, shall count as six feet of development work.

Allowance for Diamond Drilling.

Each foot drilled either vertically or horizontally for a distance of 300 feet below the natural surface to count as one foot of development work; exceeding 300 feet and up to 600 feet, as two feet; exceeding 600 feet and up to 900 feet, as three feet; exceeding 900 feet and up to 1200 feet, as four feet; exceeding 1200 feet, as five feet.

CHAPTER XVIII.

THE COMMONWEALTH OF AUSTRALIA.

The States. The six self-governing colonies of New South Wales, Victoria, Queensland, South Australia, Tasmania, and Western Australia are now federated as States under one central government, and form the Commonwealth of Australia. Up to the present time the Federal Government has taken no action with regard to the mining laws, which remain, as hitherto, under the jurisdiction of the several State legislatures.

Claim System. The mining law as in operation in the Australian Commonwealth represents the claim system in its most advanced democratic form, and the legislative Acts by which it is promulgated, with their numerous amending Acts, form so voluminous and complicated a mass of literature that it will not be possible to lay before the reader more than a mere outline of the system, as in vogue in each of the six States, with some of the most important clauses extracted from the various Acts and Regulations. The greater part of the intricate and detailed instructions regarding the pegging out and tenure of alluvial gold claims, the constitution and powers of Mining Boards and Diggers' Committees, the procedure of the Warden's Court, and other matters now obsolete or of little but local interest, are omitted as of no great importance to European readers. Legislation regarding mining leases, as affecting more general interests, is as fully quoted and commented on as space permits.

Gold-mining. Gold-mining has hitherto formed, both in magnitude and value, the larger part of the mining industry of Australia. About the middle of last century, the alluvial goldfields of Australia attracted numbers of energetic men of all classes of society, and rushes of diggers from one part of the country to another took place as the rich diggings were successively discovered. Means of communication between these scattered localities and the centres of government were in those days

uncertain, slow, and insecure, and it was necessary, in the interests of order and security, to establish on the spot some authority with power to deal with mining rights and to settle disputes between the diggers. Thus arose the Warden, with his subordinate officials and court, in each mining district, assisted by assessors elected by the people, with summary jurisdiction regarding the methods of acquisition and conditions of tenure of mining properties. Here also, and for the same local reasons, came into existence the locally elected Diggers' Committees and Mining Boards whose enactments in the past formed the basis of the present mining law of Australia, and whose bye-laws now govern much of the local legal procedure. True to their local origin, these mining laws are the most democratic in principle and the most decentralised in practice of any in the world, and they fulfil their original intention of providing security for the local miner and for local mining interests through local channels; but they offer no inducement for the employment of outside capital or security for it when introduced.

Crown Lands and Crown Rights. In the earliest times, all the land in the newly discovered country was nominally the property of the Crown, by whom portions of it were granted to settlers in fee simple without any reservations. After the discovery of gold or other minerals these "alienated" lands were in many cases conveyed with a reservation that on discovery upon it of gold or other valuable mineral deposits the land in whole or in part could be resumed by the Government for mining purposes, compensation being paid to the owner for all improvements and everything except the prospective value of the reserved minerals. There are thus two classes of mining land to be considered : (1) Crown lands, which have never been alienated, or which have been resumed by the Government from private ownership as mineral lands all minerals on these are the property of the Crown; (2) private lands, which are either not resumable, by reason of the early form of tenure or some special grant, or have not been resumed for mining purposes: on these lands, all minerals, except gold and silver, belong to the landowner-gold and silver to the Crown. The Land Acts, as well as the Mining Acts, of the several States of the Federation bear a very strong resemblance to each other. In all cases the entrance upon resumable land for prospecting purposes is allowed, and in some cases upon unresumable land also. On the discovery of payable gold on Crown or resumable land, the Government has the right to proclaim the district as a public gold-field, on which any duly authorised person may enter for the purpose of prospecting and locating mining claims.

register himself as the owner of mining property without such a miner's right. The plot of land taken up and held under a miner's right is called a claim, as distinguished from a mining lease. Claims may be amalgamated, and a mining lease be obtained for the block, which, in the case of gold-mining, must not exceed 25 acres. These leases are issued for a term of fifteen years, at a rental of twenty shillings per acre or part of an acre per annum. Leases for metalliferous minerals, other than gold, are granted for twenty years; the area of the property must not exceed 80 acres in extent, and a fixed rental is imposed at the rate of five shillings per acre or part of an acre per annum. There is no royalty or tax to be paid on metalliferous minerals produced in New South Wales. Leases for coal-mining must not exceed 640 acres in extent; they are in force for a term of twenty years, and are renewable at the option of the lessee for a further similar term. A royalty of sixpence to one shilling per ton is payable to the Government on all coal extracted from Crown lands under coal-mining leases.

The conditions of tenure of mining properties, notably the labour conditions, are not conspicuously stated in the Mining Act of New South Wales, but they will be found distinctly set out in the clauses quoted from the mining lease regulations and the mineral lease. The title to mining property rests wholly on the punctual payment of the rent and the continuous employment of the stipulated number of men upon the ground.

EXTRACTS FROM "THE MINING ACT, 1874.”

10. It shall be lawful for the Governor by proclamation in the Gazette to declare any Crown lands to be a gold-field within the meaning and operation of this Act to define the limits and boundaries thereof and to assign a designation thereto and from time to time to alter amend and vary such limits boundaries and designation: Provided that all such proclamations as aforesaid and all proclamations affecting boundaries shall be made by the Secretary for Lands.

14. It shall be lawful for the Governor to cause documents to be called "miners' rights" to be issued in the form set forth in the third schedule hereto. And every such miner's right shall be in force for any period not exceeding fifteen years from the date thereof and shall be granted to any person applying for the same upon payment of a sum at the rate of ten shillings for every year for which the same is to be in force. And where such miners' rights shall be applied for to be in force from the date thereof to the 31st day of December then next ensuing the same may be granted to the person applying therefor between the 1st day of January and the 30th day of June in each year upon payment of a fee of ten shillings and after such last-mentioned

day upon payment of a fee of five shillings: Provided that every such miner's right shall be deemed to expire on the 31st day of December in the year or last year of the period for which it shall have been granted.

15. Every holder of a miner's right and any number of persons collectively being each the holder of such miner's right shall subject to the provisions of this Act and the Regulations thereunder be entitled (except as against Her Majesty) to the following rights and privileges viz. ::

(1) To enter upon mine in and occupy for gold-mining purposes or for residence during the continuance of such miner's right any Crown lands and in the prescribed manner quantities dimensions and according to the prescribed boundaries and according to the Regulations in force from time to time: Provided that such quantities dimensions or boundaries shall not be prejudicially affected by any regulation made after the time of taking possession:

(6) To the possession of and property in during the continuance of such miner's right such portion or portions of Crown land as aforesaid or occupied for residence and to the absolute property in all gold found during the continuance of such right in or upon such portion or portions of land whilst being in the lawful occupation of the holder of such right as aforesaid: Provided that it shall be lawful for any holder of a miner's right to take possession of Crown lands for the purpose of mining thereon for gold under the provisions of this Act either for himself or if authorised by such persons on behalf of any number of persons collectively not exceeding five being each the holder of a miner's right.

16. The person or persons or any of them who shall have taken possession or be in the occupation of any claim not being a block claim in new ground (viz. ground not worked or abandoned) or the executors or administrators or the assignee or assignees in insolvency or the guardian in infancy or the committee or guardian in lunacy or the purchaser under an execution of the interest of such person or of any of such persons shall within one calendar month after their right to such Occupation or possession or other derivative or representative interest respectively first accrued register such claim and the owner of any share as hereinafter mentioned in a registered claim shall within a like period after his title to such share first accrued register such share in the office of the Mining Registrar of the mining district wherein such claim or share is situated in the prescribed manner: Provided that no claim shall be registered unless the miner's right or miners' rights under which such claim shall be held shall be produced to the officer required to register the same. And any such person or persons as aforesaid who shall neglect to register any such claim within the said period shall if he or they shall work or mine in such claim incur the respective penalties hereinafter prescribed for unauthorised mining on Crown lands and shall be deemed to have abandoned the said claim to all intents and purposes and such claim shall and may thereupon be dealt with as an abandoned claim. Provided always that if it shall be shown to the satisfaction of the Warden that any such neglect to register has been caused by the sickness absence or other like disability of any such