334 J. C. BEANNER OUTLINES OF THE GEOLOGY OF BRAZIL 



way as the diamonds, but their origin is not altogether clear. It seems 

 quite evident, however, that they are not genetically or directly related to 

 volcanic rocks. 



The geology of the black diamond region of Bahia is described by 

 Branner, Crandall, and Derby. Other writers on carbonados are Bas- 

 zanger, Damon, Descloiseux, Furniss, Gama, Gnllana, Lawrence, Moissan, 

 Eowe, and Stehr. 



Other 'precious stones. — Brazil has produced many precious stones be- 

 sides diamonds, notably rubies, garnets (Oliveira), emeralds, agates, 

 topazes (Grorceix), phenacites (see Goldschmidt, Slavek, Smith). The 

 phenacites are from Piracicaba, State of Minas. (See also Hussak and 

 Fernandes.) These stones usually come from the regions of the Bra- 

 zilian complex; the agates come chiefly from Eio Grande do Sul, where 

 they have weathered from the "trapp" beds. 



The Mining Laws of Brazil 

 general observations 



In Boubee's ^^Geologia Elementar,'^ published in Eio de Janeiro in 

 1846, there is an appendix, without the name of the author, entitled ^'In- 

 dice da legislagao Portuguese sobre as minas do Brasil," which brings 

 ■ihe subject down ot the 3^ear 1816. 



A chronologic list of the old mining laws of Brazil is given in ^Tiivro 

 das terras, ou colleccao de leis, regulamentos e ordens," etcetera, etcetera, 

 por I. M. P. de Yasconcellos, 4^ edigao, Eio de Janeiro, 1885, pages 251- 

 266, under the title "Legislacao a respeito das minas. Indice chrono- 

 logico das leis sobre minas do Brazil desde o sen descobrimento ate 1817." 

 (Extrahido do archivo da Torre do Tombo de Lisboa.) 



When the Eepublic of Brazil was established the new constitution made 

 the following provisions in regard to public lands : 



Article 64 : "The mines and lapsed lands in their respective territories be- 

 long to the States, the Union being entitled only to the amount of territory 

 that may be indispensable for the defense of the frontiers, fortifications, mili- 

 tary constructions, and federal railways." 



Article 72, section 17 : ''The right of ownership is maintained in all its full- 

 ness, excepting disappropriation for public necessity or utility and after 

 previous indemnity. 



"The mines belong to the owners of the soil, excepting the limitations that 

 may be established by law for aiding the exploration of this branch of in- 

 dustry." 



These provisions lead one to infer that legislation in regard to mining 

 lands lies with the individual states. However, the National Congress 



