732 
THP TROPICAL AGRICULTURIST. [May i, 1890. 
obtainable by the owner in respect of each blook of 
land for which a Grown grant has been issued (or for 
a portion of such block when it exceeds 500 acres), 
and that the purchase money should be in each case 
R100 plus a sum compiled on a scale similar in principle 
to or corresponding with the scale of fees recoverable 
for Surveys authorised by the Governor's Minute dated 
August 1st, 1861 on this basis a block of 5 acres would 
pny R112 50, 500 acres would gay R750. It is obvi- 
ous that small blocks should be taxed more heavily 
in proportion to the acreage than large ones, the 
gem bearing area in large blockB formiDg as a rule 
but a small proportion of the whole acreage. 
The Committee see no objection to the passing of an 
Ordinance for the Regulation and Inspection of Mines 
though it is not apparent to them why a legislative 
enactment sliould be considered necessary to regulate 
the scientific mining that it is now propoeed to carry 
on with a due regard to safety, when it has not been 
thought of importance to regulate the indiscriminate 
mining in plumbago as well as gems that has 
hitherto obtained and that has in many cases resulted 
in loss of life to those engaged in it. 
Chamber of Commerce, Colombo, 12th March 1890. 
— 1 
THE MINES AND GEMMING ORDINANCE. 
The following is the memorandum on the Draft 
Ordinance relating to mines of gold, silver and precious 
stones, adopted by the Sub-Committee nominated by 
the National Association, and forwarded for considera- 
tion 1o the Sub-Committee of the Legislative Council, 
who have been entrusted to report on the said 
Ordinance. 
1. The Draft Ordinance involves the questions of 
(1) the prerogative rights claimed for the Crown, in 
respect of all gold, Bilver, or gems found in private 
lauds, (2) the policy of ixactiuga Royalty on such 
n atural products, and (3) the prudence and jastice of 
the natural provisions of the ordinance. 
2. The Draft Ordinance having been already read 
a second time in the Legislative Council, there is no 
practical object to be gained in now discussing tho 
allegod right of the Crown to gems and precious 
metal found in private property. While not conced- 
ing the existence of such a legal right, this Associa- 
tion considers that the proposed exaction of a tenth 
of the produce, i8 highly objectionable as a matter 
of policy and justice. It is in the first place, calcu- 
atcd to hamper, if not altogether to destroy an 
enterprise which has been carried on by the natives of 
the country for a long series of years, and which always 
involves a great pecuniary risk and consequent dis- 
appointment. It will further have the effect of scaring 
away, to tho prejudice of the best interests of the 
people, the European capital, which has just been 
attracted by this enterprise. The uncertainty casually 
attending mining operations, is too well-known to 
reauite special mention; but this Association may 
direct attention to the fact, that at present the usual 
grc und share of the owners of gem lands is only one- 
tenth, tho remaining nine-tenths going to the operator 
for tho expenses and trouble he incurs — a proportion 
which indicates the extent of the risk and uncertainty 
alluded to. It in feared that the additional exaction 
of a tenth for the Crown, will either put a stop to 
legitimate gem digging in private laLds or (since the 
operator's risk remain the same) so reduce the ground 
share, that the owners of land in gem districts will te 
very injuri ously affected. 
It must bo remembered in this connection, that 
private lands have been bought and so'd, and 
otherwise dealt with, on the footing of the 
existing law, and on the faith of the Crown, 
never exercising or claiming any supposed right as to 
gems. The exaction of a tenth now by the Crown, 
will not only injuriously disturb variety of 
traductions already entered into; but will peimnnently 
dimmi'li the valuo of property. The faith tha,t tbe 
Crown would never claim any such right as is now 
fought to bo enforced, was not morely one founded 
Upon tbe fact of Lou-user; but was cor fined by the 
( |i csfl declaration of the Government, on lie alleged 
in gleet of gemming in Ciowu lands, or lunds alienated 
by the Crown with a reservation as to gems. For 
the first Renal Rule in the Rules for the regulation 
of gemming and miniDg, promulgated by the Govern- 
ment in 1881 declared, that "the Government will 
claim no Royalty on or sfciare of gems, or gold found 
upon land in respect of which a license has been 
taken out." These Rules were cancelled, since the 
passing of tho Ordinance No. 7 of 1882, but that 
Ordinance also tacitly not less distinctly, abandons 
all right to gems, and only requires certain licenses 
to be taken out for the purpose of gemming. 
Tbe Ordinance No. 7 of 1882 of course affects only 
Crown wa;te lands, and laDds alienated by the Crown 
with a reservation as to gems — Section 4 of that 
Ordinance provides, for tho granting of a Gemmers' 
License for a fee of Rl, to bo collected by means 
of a stamp duty, and Rule 4 of tbe Rules 
framed under the Ordinance and published on the 
25th March 1884 enacts, that the License 6hall be in 
force for one month only, so that the whole exaction 
under the Ordinance No. 7 of 1882, amounts to R12 
per year. A comparison of this Ordinance with the 
proposed Ordinance, accordingly presents this anomaly 
and manifest injustice : viz. that while for gemming 
in Crown lands, all tbat a party need pay is R12 a 
year, the owner of private property will not only have 
to take out a License for digging in his own land ; 
but have to yield to the Crown and tenth of the 
fruits of his industry and enterprise ; and that too 
not a tenth after deducting the costs and expenses 
of the operations ; but the tenth of the gross value of 
gems found. The hardship and injustice of the 
proposed Ordinance are so obvious and so great, that 
this Association, desire strongly to press the same 
upon the attention of the Government. 
So far from thus discouraging and throwing addi- 
tional obstacles in the way of the mining enterprise, 
the Government should, in the viow of this Association, 
stimulate and foster such pursuits, and actively 
help in the development of the natural resources of 
the country. They should afford facilities for the 
prosecution of enterprises which will circulate capital, 
give employment to numerous people, induce trade, 
and give to land owners and those engaged in such 
pursuits, the full benefit of their property and labour. 
On the other hand it is to be feared, that the re- 
strictions now proposed to be imposed, will not only 
obstruct legitimate efforts in this direction, . but will 
to some extent, create illicit gemming, and will tend 
to produce much demoralization and consequent crime 
among the people. 
Further, this Association strongly obji cts to the 
larger powers that are proposed to be placed in the 
hands of tbe Government Agent. Without questioning 
tbe houour and sense of right of the Government 
Agent, this Association wishes to point out, that be 
as the Revenue OfTcer must be considered in the 
light of an interested party, whose judgment and 
action, must often necessarily be affected by consider- 
ations of Revenue. To entrust an officer in such a 
portion, with the arbitrary power of granting, re- 
fusing, and revoking licenses, is highly undesir- 
able. It will be observed that there is nothing 
in this Ordinance to control the Government Agent 
in the exercise of this power. With regard to the 
power of refusing a license, it is not easy to conceive, 
what circumstances would justify tbe Legislature, in 
vesting in any official the right to deprive a private 
person of tho full use of his own property, subject 
to Government import. It is true that section (J of 
the Ordinanoe gives to the Governor in Executive 
Council the power of reviewing the decision of the 
Government Agent; but this Association cannot view 
this remedy, if it is a remedy at all, as any thing 
more than merely illusory. 
It is submitted that Bection 12 of this Ordinance iB 
objectionable both in principle and practice. It en- 
acts that "if any question arises whether a mine is 
a mine to which this Ordinance applies, such ques- 
tions shall be referred to the Governor in Execu- 
tive Council, whose decision thereon shall be final.'' 
Thus tbe Jurisdiction of the Courts of Law is alto, 
gcther ousted. Apart from tho general principle, 
that the interpretation of law is the speci 
