MINES, in law. In England and Ireland the crown has the right to all mines of gold and silver; but where these metals are found in mines of tin, copper, iron, or other baser metal, then the crown ha.s only the right to take the ore at a price fixed by statute. As a general rule, whoever is the owner of freehold land has a right to all the mines underneath the surface, for his absolute ownership extends to the center of the earth. When the land is given by will or otherwise to a tenant for life, while a third party has the reversion, then the tenant for life is held to be entitled not to open mines which have never before been opened, but to carry on such as have been open, and are going mines. So in the case of a lease of lands for agricultural purposes, if nothing is said as to mines, the tenant is not entitled to open any mines, for that would be committing waste. It is not uncommon for one person to be owner of the surface of the land and another to be owner of the mines beneath; or several persous may be owners of different kinds of mines lying above each other in the different strata. Many questions have been raised lately between railway companies and mine-owners as to their respective rights and lia bilities. When a railway passes through a mining countrr it is generally optional with the owner to sell to the company merely the surface of the lands, reserving to himself the mines beneath; and it is usually provided that, if ever the owner work his mines so near to the railway as to endanger its stability, the company must have notice of that fact, and then, if necessary, may purchase the mines immediately under the railway. But the courts have determined that even though the owner of the land reserve his right to minerals, he is nevertheless prevented, by common law, from working the mines immediately under the railway, so as to endanger the use of the railway. In these mat
ters the law of Scotland does not at all differ, though, as to other points of the common law, some differences of no great importance occur. See Paterson's Compendium of English, and Scottish, Lau,.
The practical working of mines and collieries in any part of Great Britain has been controlled by certain recent acts of parliament, with a view to insure the g,reater safety of the persons working them, and to prevent the employment of women and children. Thus, the owners of mines are prohibited, by the mines regulation acts, 1872 (repealing prior acts), from employing any female or boy under 10 underground. Boys under 16 can only be so employed ten hours per day, and boys under 12 must attend school at cer tain times. No owner or worker of a mine or colliery is allowed to pay the wages of the men at any tavern, public-house, beer-shop, or place of entertaintnent, or any office or outhouse connected therewith. No person under 18 is to be employed at the entrance of any mine, to have charge of the steam-engine or windlass, or other machinery and tackle for letting down and bringing up the rnen. Inspectors are appointed by government for tin express purpose of visiting mines, and seeing that the statutes are complied with. The statutes in question now apply not only to coal-mines and collieries, but to metal liferous mines of all kinds. Whenever an inspector, on examination, finds anything dangerous or defective in the mine, he is bound to give notice to the owner, so that it may be amended. In case of accidents occurring in the mine, caused by explosion, and resulting in loss of life or bodily injury, the owner is bound, within twenty-four hours thereafter, to send notice to the secretary of state, and to the district inspector of mines, specifying the probable cause of the accident.