December 27, 1918.

THE COLLIERY GUARDIAN

1353

purposes with the minimum of uncontrolled travel of
the coal in the chutes. The usual position of the nut
and slack tracks is reversed, and the nut coal is conveyed
to avoid increasing the height of the discharge of the
conveyor which would be necessary in order to make a
gravity distribution of the nut. Special attention was
given to the design of the main loading chute, so as to
make the loading apron sufficiently easy of operation to
ensure its being used. This means the minimising of
the drop of the coal into the car.

MINING LAW AND ECONOMICS.—III.

By David Bowen, Capt. R.E., F.G.S., F.S.I.,
M.Inst.M.E., Etc.

OWNERSHIP OF MINERALS.

To understand this subject it is necessary to consider
the ownership of land.

In early feudal law it was assumed that all land was
owned by the Crown. In theory this assumption still
holds good; therefore the absolute ownership of all
land is vested in‘ the Crown. The Crown in feudal
times granted estates in land to certain subjects in
return for certain services, who therefore held such
land as tenants-in-chief. They in their turn made
grants of lands to other persons in return for services
rendered by them. No subject is therefore in theory
an absolute owner of land, but has simply an estate
in land. An estate in land means an interest or right
in land.

A tenant in fee simple possesses the largest estate
known in law. Such an estate can descend to the heir.
It is therefore perpetual, and practically amounts to
full ownership.

A tenant in fee tail possesses an estate which can
only descend to the issue of his body.

An estate in fee simple, or an estate tail, or an
estate for life (i.e., an uncertain number of years),
was a freehold, and the rights of the tenant were
protected in the King’s Court; but if the estate was
for a fixed number of years, the tenant was considered
as holding the land as the nominee of the landlord,
and his right to possession was not protected. From
this arose the distinction between real property and
personal property.

A tenant of a freehold who was ejected by any
person could bring an action to recover the res or
thing of which he had been deprived, and hence the
action was called a real action, and the property called
real property. On the other hand, a tenant for a fixed
number of years or the owner of a chattel had merely
an action for damages against the person who took
the thing, and hence the action was called a personal
action, and the property called personal property.

Tenure.—An estate in land may be (a) freehold,
(b) copyhold, or (c) leasehold.

(a) A freehold, as has already been pointed out,
may be (1) an estate in fee simple, (2) estate in fee
tail, or (3) estate for life or any other definite period
of indefinite duration (i.e., a period dependent on the
accomplishment of a definite event).

(1)	A tenant in fee simple of land is now practically
absolute owner of the land. This ownership extends
not only to the surface, but to all things above and
below, according to the maxim “ Cujus est sodum, ejus
est usque ad coelum et deinde usque ad inferos”*
(Whose is the land? His (i.e., the owner of the soil)
as far as the heavens and thence as far as the infernal
regions). A tenant in fee simple may therefore exer-
cise the fullest rights possible over his land. He
can sell and deal with the property as he pleasesj
provided he does not injure the rights of others,
according to the rule “ Sic utere tuo ut alienum non
laedas ” (So use your own property as not to injure
the rights of another ”). He need not regard his
successors, and may himself work mines opened or
unopened, or sell or lease such mines upon such terms
and conditions as he chooses. He can therefore
commit legal waste (no limitation imposed at common
law) or equitable waste (i.e., he cannot be restrained
by injunction from committing or allowing wanton
destruction) as he pleases. But a devisee (i.e., a
person to whom property is given by will) in fee
simple, subject to an executory limitation (i.e., a
limitation to be executed in the future) over to some
other person, is not allowed to commit equitable
waste.

(2)	A tenant in tail in possession has rights similar
to those possessed by a tenant in fee simple.

(3)	A tenant for life has power to enjoy the land
as he pleases during his life, limited, however, by
conditions which prohibit waste. Where mines are
already opened, a tenant for life can at common law,
apart from the Settled Land Act, 1882, and subsequent
Acts, work the mines himself (in re Chaytor, 1900);
and where the mines are not opened, if he is unim-
peachable for waste, he can open and work them apart
from these Acts, but he cannot make a lease for that
purpose for longer than his own life except under
these Acts. If the tenant is liable for waste, he can-
not, apart from the Settled Land Acts, work unopened
mines at all. Since, when mines are worked, the
capital value of the land is gradually decreased, the
tenant, if he wishes to take advantage of the Settled
Land Acts, must set aside and pay to the trustees
of the settlement part of the rents or profits in each
year, according to the following rules: (a) If the
tenant is unimpeachable for waste in respect of
minerals (i.e., if, under the conditions of the settle-
ment, he could have worked the minerals himself),
he may keep three-fourths of the Tent of a mining
lease, and one-fourth must be paid to the trustees and
invested. This, of course, also applies to royalties.
(b) If the tenant is impeachable for waste in respect of
minerals (i.e., if he could not have worked the
minerals himself), he may keep one-fourth only of

* Subsequent to the recognition of the sphericity of the
earth, ad centrum was substituted for ad inferos.

the rents, and three-fourths must be paid to the
trustees and invested.

In each case the tenant has the interest on the
part invested.

Under these Acts the tenant may grant a lease of
minerals for any term not exceeding 60 years. Such
leases must be made by deed, and to take effect in
possession not later than 12 months after its date.
The best rent that can reasonably be obtained must be
reserved.

(b)	Copyhold tenure is founded on immemorial
custom. The freehold is vested in the lord of the
manor. In theory, the tenant holds the land at the
will of the lord, but by custom which has grown up
from time immemorial, the tenant has practically a
fee simple, subject only to certain rights and services
due to the lord which have been fixed by the custom.
Copyholds are transferred by the surrenaer of the land
to the lord and an admittance by him of the new
tenant. Where there is no special custom, the
property in the minerals belongs to the lord, but the
possession is vested in the tenant. The lord, there-
fore, cannot enter on the land to work the minerals
without the permission of the tenant, nor can the
tenant do so without the permission of the lord. In
practice it is the usual course for both lord and tenant
to concur in the working or demising of minerals,
subject to the payment to each of them of certain
rents or royalties.

On the other hand, special custom may give to the
lord or the copyholder exclusive ngiits to the
minerals, or larger rights than those conferred by
ordinary law. But in such a case the right of the lord
is limited to minerals dug within the manor, and he
cannot grant powers for minerals got outside the
manor to be carried on ways in or under the copyhold
land. Thus, in the case of Eardley v. Granville
(1876), Eardley was a copyhold tenant, and the Crown
was the lord of the manor. The Crown leased the
mines to Earl Granville, who thereupon claimed the
right to use underground passages, which had been
made in the course of working out the coal, as a means
of access to another mine, it was held that (1) the
minerals are vested in the lord of the manor; (2) there
was a special custom in this manor enabling the lord
or his lessees to enter on the land to take the minerals;
but (3) when the minerals have been removed, the
space which the minerals occupied belongs to the
tenant of the copy hold. Therefore Earl Granville had
no right to use tne passage.

In the manor of Wakeiield the mines and minerals
belong to the copyholders, and they can, without
licence, grant mining and other leases for terms not
exceeding six years.

A fee simple tenant of copyholds may not commit
waste without the consent of the lord of the manor.
There are no estates tail in copyhold unless there is a
special custom in the manor to allow entails. Estates
for life can be created in copyholds, and are now
subject to much the same rules as in freeholds. Under
the Copyhold Act, 1894, a copyhold can be converted
into a freehold by enfranchisement, and the freehold
thus created is held by the tenant (who was the copy-
holder) for the same estate and subject to the same
limitations and trusts as formerly affected the copy-
hold ; but, it should be noted, such an enfranchise-
ment does not affect the lord’s right to mines, i.e.,
the lord remains tenant in fee simple of the minerals
under the land, unless there is an express provision
to the contrary. Further, on the death of the tenant
without heirs, and intestate, the land reverts to the
lord of the manor instead of the Crown.

(c)	Leaseholds are estates created for a fixed term
or for a term which is limited to come to an end at
or before some * fixed date. They are personal
property. These will be considered separately in a
subsequent article.

Wastes and Commons.—The possession and property
of the soil of waste lands, including the minerals
thereunder, is in the lord of the manor, subject to
any rights that may exist by custom in favour of
commoners. He may work, sell or lease all the
minerals, subject to the surface rights of the com-
moners. The commoners are not entitled to any part
of the royalties or rents accruing in respect of such
minerals.

Rights of common may have been acquired by
common law, or may have been acquired by grant
or prescription. The two most important of such
rights from the point of view of minerals are the
right of common of pasture and the right of common
in the soil. In the case of the former right, as we
have seen, the lord of the manor owns the minerals
as well as the soil, and the commoner is only entitled
to depasture his horses, cattle, etc., on such lands.
In the latter case, however, the commoner has the
right to get sand, gravel, clay, stone, coal and other
minerals, or perhaps only some one specific mineral
from the common.

Such common or waste lands are frequently enclosed
under the provisions of Acts of Parliament (i.e., the
Enclosure Acts), either general or local. Where mines
and minerals are excepted by the Act they belong to
the lord of the manor. If mines or minerals are
not expressly or impliedly reserved, they vest in the
allottees as part of the land of the waste, and where
certain exceptions are made, not including the
minerals, that strengthens the construction put upon
the Act that minerals are not reserved (Gladstone
v. Potts, 1901). Enclosure is now effected by Pro-
visional Order of the Board of Agriculture, confirmed
by Act of Parliament brought in by that Department.

Crown Lands.—Under the Crown Lands Act, 1829,
the Commissioners for Woods and Forests are em-
powered to lease, sell, purchase or exchange Crown
lands. At common law, as indicated in the first
article, in the absence of a grant disposing of such
rights, all gold and silver in England, Wales and
Ireland belong exclusively to the Crown. In Scot-
land gold or silver in mines do not belong to the
Crown, but the subject is bound to render to the
Crown one-tenth part of the produce.

In the Isle of Man the Crown is entitled to work
mines and minerals in the customary lands, subject
to the rights of the customary tenants.

As to other rights of the Crown, these will be
considered in the next article.

References. — Topham’s “ Real Property,” Cock-
burn’s “ Law of Coal.”

WIGAN AND DISTRICT MINING AND
TECHNICAL COLLEGE.

The governing authority of the Wigan and District
Mining and Technical College have decided on a scheme
of extension which, when carried into effect, will make
the Wigan College one of the largest technical institutes
in the provinces. This extension scheme, which is esti-
mated to cost £50,000, is to serve as a double memorial.
In the first place, it will have a personal value and
relationship as a memorial to the late Mr. Alfred
Hewlett, J.P., who played such a conspicuous part in
establishing the college on its present footing; and in
the second place, the improvement will have a general
application as a memorial of the war. An appeal for
the £50,000 which will be required to make the proposed
additions to the college will shortly be issued by the
governing body. The land necessary for the extensions
is available on part of the present site. It is anticipated
that, as a war memorial, the scheme of the governors
will make an appeal to all the various public authoi ities
in the Lancashire coal field.

The necessity for enlargements at the college arises
from the fact that the numbers of students during
recent years have very considerably increased; and, in
view ot the cessation of hostilities, it is practically
certain that the governing body will be faced with the
duty of having to accommodate a considerably larger
number of students than at present, whilst, the capacity
of the existing premises for evening classes is even now
taxed to its utmost limit. Moreover, under the opera-
tion of the new Education Act, the demand for tech-
nical education will be "enormously increased, and
the governors of the Wigan Coliege are desirous of
meeting it in a satisfactory manner by providing
additional facilities in the shape of laboratories and
workshops for practical instruction, together with extra
classrooms. It is also hoped that the fund to be raised
may enable a number of scholarships to be endowed for
advanced mining and other instruction.

It is understood that the appeal for the necessary
funds will be issued early in the new year, as soon as
certain preliminaries have been arranged with the
Government and with the local authorities in the coal
field. A special committee has been formed, Mr. A. M.
Lamb, J.P., of Wigan and Southport, being the chair-
man, and Councillor A. Guest (vice-chairman of the
Education Authority of the county borough of Wigan),
vice-chairman. Arrangements are now being made for
getting into touch with all sections interested in the
work of the college with a view to ensuring that the
present appeal shall be equally successful. Plans have
already been prepared for additions to the present
buildings which will completely cover the vacant land
in the rear of the college, and in this way the accom-
modation will be increased by over 50 per cent., which
will have the effect of making the Wigan and District
Mining and Technical College one of the largest and
most up-to-date institutions of the kind outside of
London.

LETTERS TO THE EDITORS.

The Editors are not responsible either for the statements
made, or the opinions expressed by correspondents.

All communications must be* authenticated by the name
and address of the sender, whether for publication
or not. No notice can be taken of anonymous
communications.

As replies to questions are only given by way of published
answers to correspondents, and not by letter, stamped
addressed envelopes are not required to be sent.

THE PROBLEM OF UNEMPLOYMENT.

Sirs,—As a consequence of the demobilisation of
those soldiers who were formerly colliers, there will be
many who will be thrown out of employment. For
instance, I have been given to understand that from
Llanbradach Colliery, approximately 600 miners have
received their notices. May I suggest, as a remedy for
this, the opening of new collieries ?

There are, doubtless, many seams of coal, and
numerous unworked headings now in disuse. Could
we not utilise these ? Whilst, of course, enriching the
country, those men who have no employment would no
longer be out of work, and I see no reason why the plan
suggested above could not be put into practice.

42, De Winton-terrace,	W. H. Dowling.

Llanbradach,

December 22, 1918.

Queensland Mines in 1917.—The State Mining Engi-
neer’s report on the Queensland mines for 1917 states that
during the year the average number of men employed in
metalliferous mines was 6,574—in coal mines 2,229—and in
connection with the treatment of ores at mills, smelters, and
other works on surface the number was 2,354. The total
number for all mines, mills and other works for the period
under consideration was 'therefore 11,157, which, compared
with the corresponding figure for the previous year—11,767
—shows a decrease of 610. The figures representing the
quantity and value of minerals produced from the various
mining districts taken as an indication of the progress of
mining operations during the year disclose generally a less
satisfactory result than that shown by a comparison of the
records for the two previous years, inasmuch as, with the
exception of the coal-mining districts and several of those
responsible for the part of the production of copper, tin
and rare metals, the production in most cases shows a
falling off to some extent.