Arizona weekly miner., 1877-05-04
MINERALS.

We copy the following from the Engi neering and Mining Journal showing hoy mineral claims are manipulated by the diff ! fercnt nations:
 In England and Ireland tho Sovereign i entitled to all gold and silver, whether fount m the demesnes of the Crown, in the high ways or in the lands of private persons The Crown Is also proprietor of the soil an, of all the minerals beneath the soil in th, Forest of Dean, subject to the right of th, free miners" of that district 10 a gran | from the Crown to work the minerals upor ! payment of royalty; and in the parts o Derbyshirc where the mining customs pre- vail Her Majesty, in right of her Duchy o Lancaster, k the owner of lead mines, whils any of Her Malesty's "liegc subjects" are en titled freely Ia enter upon and to work those mines without even the permission ol 1 the owner of the soil or of Her Majesty. In Scotland the Crown has no right, not even to the precious metals, but only to a royalty payable out of the produce The eldest son of the Sovereign has an indisput- able title to all minerals under certain lands in Cornwall belonging to private persons In the north of England one person is no, unfroQuen,ly entitled to the coal. whils, another is entitled to the ironstonc one may be the owner of the seams of coal, whilst another may possess the seams of sandstone or other like subStrato: and two or more seams of coal under the same lands may be sometimes vested in different proprietors.
 These instances of distinct ownerships and rights and analogous to the civil law. Under the Roman Empire. all mines, miner als and quarIieS, and indeed the soil itself belong to the state by right of conquest In some of the provinces on the allotment of land to private individuals the conquerors reserved the rights to the minerals for the state. But there was no universal law, and variations were made in the laws of differ ent provinces by successive empcrors, as well for state purposes as for the advantage of private persons.
 Gratian gave a general permission to take minerals from the lands of private persons on paying one-tcnth to the state and another tenth to the owner. His decree was adop- ted by Nalentinian and Theodosius Maxi mus.
 The Emperor Valentinian published q rcscript which allowed the state mines 10 he worked by private persons on paymen, of 4
 
 prcemption when the gold found exceeded a certain quantity. The royalty was called cdROs nletdllicHS and was fixed at eight scru- pies in gold dust for each worker in the mine
 Mcrivale, in his History of the Roman Empire, writes, lover the treasures conceal cd beneath the soil. the state claimed the same paramount dominion as over the pro. ducc of its surface. The mines and qu1rries throughout Italy and the province. were held in part by the Roman people. and farm cd. like the land tax, 10 private spectators; in part concealed to private proprietors, with the reserve of 9 fixed rent for the priv ilege of working them"
 Turning to tho Statutes of the United States 1t will be seen, that, by a resolution of the Senate and House of Representatives of the United States of America in Congress assembled, dated 30th of January, 1865. ii was provided that no act passed in the tirst session of the 3Sth Congress granting lands to States or corporations should be So con StruCtcd a. to embrace mineral lands, which in all cases were declared to be reserved specially to the United States, unless other wise specially provided.
 X subsequent act passed In the following year declares that mineral lands of the pub lie domain. both surveyed and unsurveyed are to be flee and open to exploration and occupation by all citizens of the United States and those declaring their intentions to become citizens subject to such regula- tions as may be prescribed by law. A claim ant to a mine on a vein may obtain patent from the General Land office, after comply in.. with certain regulations on payment ol five dollars for each acre.