Certain mining ordinances were passed for the New World in 1541 and 1543, and in 1584 Phillip II applied his Ordinances of that date both to the Viceroyalty of New Spain and Peru. In 1783 the Ordinances of Mexico were passed which formed a complete mining code. These were based on the legislation of Germany, and declared all mines to be the property of the Crown, and contained directions for good order, inspection, working, unwatering, etc., with provisions for confiscation on non-working. The formation of companies was stimulated by the concession of certain privileges, and a bank was established for the equipment and service of the mines, while a Mining Tribunal and a school for young miners were also set up.

The general law is to be found in the law of 1859, as amended by that of 1868 and the Decree of the same year, and as completed by the Regulations of 1995 and the Royal Decrees of 1909 and 1912. The rights of the individual and the State vary with the contents of the mine, the former being always subject to the payment of a head-rent of fifteen pesetas per hectaria, and to 3 per cent. of the raw output, for the precious metals and lower charges for the inferior. The law of 1910 made the head-rents payable at one time within the calendar year instead of by quarterly instalments. Many properties were exposed to forfeiture, but the difficulty was overcome by the Royal Decree of 10th September, 1911, requiring notice to be given to the owners in default during the month of November. It is suggested that this Decree is illegal, as derogatory of the statute law.

Subject to due payment of the head-rent, the concession. may be enjoyed in perpetuity, with certain rights of expropriating the surface-owner for necessary mining operations. He has, however, a prior right of working the subsoil himself.

Many laws and regulations have been passed to safeguard workers and to protect the interests of women and children. By the law of 27th December, 1910, and its Regulation,

underground labour was restricted to nine hours and aboveground to ten, six hours underground when the temperature is 33 degrees and in the mines of Almaden, where women and young persons under sixteen are not allowed to work underground. By the law of 18th July 1907, the truck system was abolished.

The learned Author next passed in review the divers laws passed for the internal economy of mines, which are too numerous to be summarised here, but he justly concluded that, subject to such defects as are common to human affairs and to future improvements, the legislation of Spain is as complete as can be wished, and is in perfect harmony with the counsels of science and experience.

The Author then proceeded to mention the administrative bodies of State mining engineers and the special school for mining engineers in Madrid.

The tendencies of modern law were then discussed at some length, in particular as applicable to Spain, the Author specifying the States of the world where the different systems of ownership and exploitation prevail, according to whether they adopt the right of accession or State ownership, or treat them as res nullius.

He then mentioned the new Bill for a Mining Code in Spain, which, among other changes, seeks to confine mining concessions to Spaniards and Spanish companies, the latter allowing foreigners to become shareholders. It is also proposed to limit the area of concessions, and to secure that the concessionaires do in fact work the mines efficiently within a reasonable time, to alter the law of expropriation, particularly so as to prevent extortion by surface-owners and unreasonable delays. It is also proposed to abolish the previous necessity of obtaining a declaration that the mine would be of public utility, except in cases wherein the actual use of the surface is more beneficial than that to be expected from mining. The price proposed is three

times that declared by the owner in his relations with the State in the case of total expropriation, and five times in partial.

The learned Author concluded by calling attention to the main provisions of the draft Code of Mining, which, besides co-ordinating existing laws, contains certain innovations in addition to those noticed above. It grants the privilege of association, regulates the right to strike and lock-out, and allows the existence of piece-work, permits of the creation of workmen's inspectors, places the department under the Minister of Fomento instead of the Treasury, obliges masters with more than 100 men to contribute to their welfare by associations of mutual aid, schools, old-age allowances and sick pensions, and authorises the men to form co-operative societies. The fiscal laws are greatly modified, the taxes being confined to the head-rent and a single tax on the raw material and the profits-exported raw material being also subject to duty. When this Code is adopted, the law of Spain will be among the most complete and advanced in the world.1

Deck Cargoes of Timber, by RICARDO SANS, Member of the College of Advocates in Barcelona.

The Author stated the desirability of uniformity among maritime nations on this subject. He mentioned that, owing to excessive dead weight, vessels not unfrequently arrive with their decks awash; while the fact of all spaces being filled with cargo makes the working of the vessel difficult. Storms are apt to fracture the stanchions and burst the lashings, with the result that the cargo gets adrift and the vessel has a dangerous list.

The only two nations which have as yet legislated are the United Kingdom and Spain, the present law of the

1 The paper in English by Dr. Benjamin Barrios, barrister-at-law, dealing with the mining laws of the various Spanish speaking countries, is not well adapted for `condensation, but deserves to be procured and read in full.

former country having been passed in 1906, while the law of the latter was passed last year (but is as yet in suspense by virtue of the Royal Order of 17th June last).

The loading of such cargoes as ore and cereals should also be regulated. The loss of life and ships in these three categories is quite disproportionate. The season of the year to which the law now applies is from 31st October to 16th April, but no exception should be made as dangerous storms arise at other times.

No individual nation has a right to penalise the vessels of other nations trading to her shores; nothing less than an International Convention can authorise this. Nations can only legislate for their own flag.

It will be a difficult and very complicated matter to arrive at an International solution, but the Author made the following proposals:

I.

Merchant vessels should carry an outside mark of the limit to which they may be submerged.

2. Exit from a port should be absolutely prohibited when this mark is submerged in calm water.

3. Arrival at a port in like conditions should be punishable by fine.

4.

For breach of the law there should be a single penalty to be inflicted by the competent authority, either on the sailing or arrival of the vessel, viz.: 10 shillings per registered ton when the mark is submerged one foot or more in calm water, and 5 shillings when the submergence is less.

5. Deck cargoes of all kinds should be allowed when they do not occasion danger to navigation or difficulty in working the vessel, in the opinion of the authority of the port of sailing, assisted by experts.

6. When the vessel is overloaded, the necessary quantity of cargo should be discharged, under certificate of the harbourmaster, assessors, and consul of the nation of the vessel.

7. The certificate should state the time taken for these operations so as not to be reckoned in lay-days.

8. Non-signatory nations to be free from international restrictions, except when their vessels have taken on board cargo in the port of a signatory nation.

9. Signatory nations to make the necessary regulations to carry out the law and for application of fines; such regulations to be submitted for the approbation of the other signatory nations.

International Administrative Law, by José GASCON MARIN, Member of the College of Advocates of Zaragoza, Professor of the Faculty of Law.

The learned Author reviewed the nature and province of this law and discussed whether it in fact exists as a separate branch from internal law, concluding that it does so exist. He cited the principal contentions of several Continental authors of repute.

He preferred the name International Administrative Law to Administrative International Law. Its field of action, he said, is very extensive. One organic part thereof must of necessity be the study of how the Head of the State and the Minister of Foreign Affairs act in external polity, how the representatives of the State are appointed and exercise their diplomatic and consular functions, how the armed force acts for the defence of the national integrity, for the maintenance of the juristic personality of the State when it is attacked or injured, how other organs arise of a nature which has been much discussed, such as International commissions and how they tend to perform services required by International co-existence. The other part must be constituted by the study of the juridical rules to which the operation of International administrative services is subject, viz., police, property, action in defence of public morality, religion, instruction, ways of communication, international trade, &c.,