yx 
 
PRACTICAL SUGGESTIONS 
 
 t 
 
 ON 
 
 tHining |ligltts and §vivilcgcs 
 
 C .A. INT ADA, 
 
 WITII 
 
 t 
 
 appendix containing the (Bold Pining 38cgutation.s, &c., 
 
 BY 
 
 ADOLPHUS M. HART, 
 
 BARRISTER AT LAW OF LOWER CANADA, AND COUNSELLOR AT LAW OF THE 
 STATE OF NEW YORK. 
 
 Pontreat: 
 
 FEINTED BY JOHN LOVELL, ST. NICHOLAS STREET. 
 
 1867. 
 
Entered according to the Act of 
 thousand eight hundred and sixty-seven by Adolphus M. Hart, in 
 the Registrar of the Province of Canada. 
 
Opinion of the Hon. Wm. §adgley, Judge of the Court of Queen's 
 Ijench, Lower Canada. 
 
 “ I think it will be a very useful book for persons engaged in Mining opera- 
 “ tictis, and will serve as a very good text book for others outside, when Mining 
 •* legal operations come in their way.” 
 
 Opinion of the Hon. James Smith> Judge of the Superior Court, 
 Lower Canada. 
 
 “ I think this book will be well received by the public, and of no small import- 
 “ anco at the present time, when the subject of Mining Rights is likely to become 
 “ interesting. The book has been carefully written, and opens up in a general way 
 “ the important points likely to become useful to those engaged in Mining pursuits.” 
 
4 
 
 TO 
 
 S IK WILLIAM E. LOGAN, LLD., F.R.S., F.G.S., 
 
 DI SECTOR OP THE GEOLOGICAL SURVEY OP CANADA, 
 
 WHOSE SERVICES HAVE SO GREATLY CONTRIBUTED TO THE PROSPERITY OP 
 THESE TROVINCES, 
 
 THIS WORK IS RESPECTFULLY INSCRIBED BY 
 
 THE AUTHOR. 
 
The Author obtained the information contained 
 in the following pages while he was investigating 
 a matter in Mining Jurisprudence, which was 
 lately submitted to him. Believing that its pub¬ 
 lication would be interesting to the people ot 
 Canada, whose mining enterprises have become so 
 important from their extent and value, he tiusts 
 they will judge favorably of the result of his 
 labors. While he expresses views, which may 
 appear novel to the owners of mineral property, 
 and others who are interested in mining lands, 
 they will, he hopes, be convinced of their general 
 correctness by the authorities he has cited in 
 support of them. 
 
 Montreal, May, 1867. 
 
PAGE. 
 
 Chapter I. 
 
 Of Property in Minerals and the Rights of the Crown. 11 
 
 Chapter II. 
 
 Of the Mode of Conveying Mineral Lands... 18 
 
 Chapter III. 
 
 Of the Alienation of Mining Rights by Will or Descent. 23 
 
 Chapter IV. 
 
 Of the Rights belonging to the Owners of Mines, the Injuries 
 
 they may sustain, and their Remedies. 24 
 
 Chapter V. 
 
 What the Grant or Lease of Mining Lands should contain, 
 
 Special Covenants, &c.. 30 
 
 Chapter VI. 
 
 Of Joint Stock Associations and Acts of Incorporation. 32 
 
PRACTICAL SUGGESTIONS 
 
 Oil 
 
 ♦ 
 
 CHAPTER I. 
 
 Of Property in Minerals and tiie Rights of the Crown. 
 
 It has been a quoestio vexata among French writers on 
 Jurisprudence, whether the Crown have a right to the pro¬ 
 duct of Mines, in so far as relates to gold and silver metals. 
 We have no interest in ascertaining what is the present state 
 of the law of France, respecting mines and minerals, inas¬ 
 much as the general principles of the French law anterior to 
 the conquest, or rather the erection of the Sovereign Coun¬ 
 cil, in the year 1663, must prevail .in the decision of any 
 question, which may be brought under the consideration of the 
 Courts of Lower Canada. The application of the various rules 
 of the English law, and of the French since the Code, may be 
 advisedly made in any argument arising out of a contest 
 respecting mines in Canada, but they cannot be received in 
 any other light than as the lex scripta of a system, which is 
 not in force in Lower Canada, or “ written reason,” to which it 
 is always useful to refer in the adjudication of disputed points 
 in the science of jurisprudence. In matters relating to the 
 acquisition of the precious metals, wherein the magnitude of 
 the interests involved is so great, our Courts will no doubt 
 
adhere with the utmost circumspection to the letter of the 
 law, and it is the object of the author to endeavor to ascer¬ 
 tain, what is the actual state of the law relative to such an 
 important branch of jurisprudence. 
 
 Has the Crown a right to gold and silver mines in 
 Canada ? 
 
 Lefevre de la Planche, in his able work on the Public 
 Domain,* says that mines had never been regarded as be* 
 longing to the Sovereign. By the ancient Homan law, they 
 belonged, without restriction, to the proprietor of the land 
 wherein they were found ; he might freely dispose of them 
 like any other revenues or profits derived from his property, 
 and he who had made the discovery could have no preten¬ 
 sions to the treasure, unless the mines had been found in 
 lands which had been deserted and abandoned. This juris¬ 
 prudence was changed under the Emperors, who arrogated 
 to themselves certain rights over mineral property. Rogers, 
 the latest authority on the law of Mines, sums up an able 
 dissertation on the state of the Roman law in the following 
 words :— f “ The opinions of these learned authors, combined 
 with the other authorities, lead to the conclusion that under 
 the Civil law, in its purest times, gold, silver and other pre¬ 
 cious metals usually belonged to the State, whilst all other 
 minerals, mines, and quarries, belonged to the owner of the 
 soil, subject in some cases to a partial, and, in others, to a 
 more general, control of th efiscua” 
 
 In France, the Kings never laid claim to the exclusive 
 property in mines, of which there can be no better proof 
 than the ordinance of 1413, and that of Charles the Ninth, of 
 the month of May, 15634 by which he declared that the tenth 
 
 * Lefevre de la Planche, Traite du Domaine Publique, Tome iii, p. 33. 
 f The Law relating to Mines, Minerals, and Quarries, in Great Britain 
 and Ireland, by Arundel Rogers, Esquire, of the Inner Temple, Barrister- 
 at-Law. London, 1864. Page 19 et scq. 
 t Fontanon, vol. ii, p. 445. 
 
13 
 
 part of all minerals belonged to him. In nearly all the Edits , 
 Reglemens , and Letters Patent, recited in Isambert,* * * § the 
 same right is withheld, showing conclusively that the Crown 
 did not consider that it held an absolute property in mines, 
 but merely a regalian privilege, which had subsisted from the 
 earliest days of the monarchy. It seems, however, that it 
 was a controverted point among authors, in what light to 
 consider the rights of the proprietor relatively to the Crown, 
 or the Seigneur haut Justicier , to whom had been conceded 
 certain privileges inherent in the system of the feudal tenure 
 which then existed in France. The ordinance of Charles the 
 Sixth was the first to settle this important matter. Its prin¬ 
 cipal object was to restrain the rights of Seigneurs haut Jus - 
 ticiers against the proprietors of the soil. It allowed them 
 to work, on paying ten per cent, as a regalian right, but not 
 as an impost. The reglement of April, 1483, f was made sub¬ 
 ject to the payment of the tenth and the right of the Seigneur 
 Foncier , and the Declaration of July, 15144 was made 
 subject to the charge of paying and recompensing les Sieurs 
 Justiciers , proprietaires et detenteurs of the property on which 
 mines were discovered and worked for their interests, and 
 the damages they might sustain, “ as it was established by 
 our Ordinances on this point.” By Letters Patent of the 
 29th December, 1519,§ the Seigneur , or Lord of the Manor, 
 was permitted to search for and work mines in his Seigniory 
 —thus showing that the Cro\yi did not consider the rights 
 of the Seigneur as paramount to those of the proprietor of 
 the soil. Merlin says, that by the law of nature mines 
 belong to the proprietor of the soil, and in the present 
 enlightened era of legislation it may be presumed that all 
 
 * Isambert “ Jnciennes Lois Francoises” 
 
 f Isambert, vol. x, page 911. 
 
 % Idem, vol. xj, page 666. 
 
 § Idem, vol. xii, page 171. 
 
 
14 
 
 restrictive rights, whether by the Crown or its representa¬ 
 tives, would be regulated, and in many respects modified, by 
 a due regard to the interests of the owner or proprietor. 
 The Ordinance of Charles the Ninth, and others subse¬ 
 quently promulgated, expressly enacted that the right to the 
 tenth part of the mine did not only extend to mines of gold 
 and silver, but to all mines and minerals whatsoever. By 
 the general jurisprudence of France, coal was excluded from 
 this reservation, and belonged to the proprietor without any 
 restriction. 
 
 To remove all doubts on the subject, it will be observed in 
 the Commissions of the Governors and Intendant3 in Canada,*' 
 granted by the French Crown, u that they were urgently 
 enjoined to search carefully for mines of gold, silver, copper, 
 and other metals and minerals, and to put and convert them 
 into use,” as is prescribed by our Ordinances, “ reserving to 
 them, as to the profit which wa3 to arise from those of gold 
 and silver , only the tenth part, and giving them, as regards 
 others, what might belong to them of the rights thereto, to 
 sustain the expenses of the Local Government.” This clause 
 is ambiguous, but nevertheless it is sufficient to show that the 
 Crown did not lay claim to the exclusive right to gold and 
 silver mines, but merely reserved a certain regalian right, 
 not as an impost or duty, but as a recognition of the 
 sovereign authority. As a manifestation of the little interest 
 the French Government too\ in the mineral resources of 
 Canada, there is to be found an Arret of the 8th June, 
 1677,f by which the King made a present to* one Jean Bap¬ 
 tiste de Lagny des Brigandieres of all* the mines in Canada 
 for a period of twenty years. The legislation, however, of 
 France, under the system of jurisprudence prevailing in 
 Canada, has been partly superseded by the u Gold Mining 
 
 * Edits et Ordonnances, vol. iii, page 18. 
 t Idem, vol. ii, page 83. 
 
Act of 1864* * * § which has been amended in the Session of 1865.f 
 The theory on which they seem to be based is that, when the 
 proprietor of the soil is either unable or unwilling to work the 
 mines, which may be discovered on his property, the Crown, 
 from objects of public utility, may concede the right to others. 
 This is the modern doctrine, which has met with favor in 
 those countries ,where the precious metals abound, and it is 
 one, which is dictated by a prudential regard for the rights of 
 the proprietors, as well as for the interests of the Government. 
 
 Respecting mines of Silver, Copper, and other metals, there 
 is no special legislation on the subject by our Local Legisla¬ 
 ture, so that argentiferous and copper-bearing lands enter 
 into the category of all other property, to which the ordinary 
 rules arid principles of law are applicable. Cases, however, 
 will necessarily occur, in which exceptional rules will have to 
 be applied to any contestation arising in our Courts out of 
 the possession of this species of property, and it is to attempt 
 to elucidate what these rules are, that the present labor is 
 undertaken. 
 
 In England, apart from the claims of the Crown, the pro¬ 
 perty in minerals is prvmd fixcie in the owner of the fee, so 
 that a tenant could not work aDy mines on the leased pro¬ 
 perty, without committing waste. There is no doubt the 
 same rule would apply in Lower Canada, if the right to work 
 any mines discovered on the property had not been granted 
 in the lease.:}: The ordinance of 1413, referred to in Peyret- 
 Lallier’s work on the Law of Mines § establishes the right of 
 the proprietor to all mines found on his property, subject only 
 to the right of the Crown. In the matter of Usion d'outre 
 moitie, a form of resiliation in force in Lower Canada, before 
 
 * 27th and 28th Victoria, chapter 9. 
 
 f The Gold Mining Amendment Act of 1865. 
 
 J This word, peculiar to the Common Law, must apply to any form of 
 conveyance in Lower Canada. 
 
 § Peyret-Lallier sur la Loi des Mines. Tom. i, page 14, No. 10. 
 
16 
 
 the Code was promulgated, it would, no doubt, be question¬ 
 able, whether a property on which it was unknown that a mine 
 existed at the time of the contract, would be revertible to 
 the seller in the event of its being afterwards discovered. 
 This might affect contracts entered into before the Code, but 
 not since, excepting in certain cases, wherein the interests 
 of minors are concerned.* The general principles of the Roman 
 Law, which have been embodied in the French Law in force 
 in Canada at the period of the Conquest, would lead to the 
 conclusion that the parties to the deed were in ignorance of 
 the object (the res of the contract) respecting which they 
 stipulated, and that it would be voidable if a mine were after¬ 
 wards found on the property. Equity would prescribe a 
 rule, which would be held to be binding on the vendor and 
 vendee of such a description of property. Neither the 
 vendor nor the vendee believed, that either was selling or 
 acquiring a mine of probably a great value, while they were 
 bargaining respecting land, which they considered adapted 
 only for agricultural purposes. Time and circumstances 
 would-be material elements in the consideration of this 
 matter, which would enter largely into the merits of an 
 adjudication in our legal tribunals. 
 
 ♦ According to the law of England, minerals found on the 
 sea-shore, which has been defined to be the accessible space 
 below, the ordinary high water mark, primd facie belong to 
 the Crown; those between the ordinary and extreme high 
 water mark to the owner of the land ; and, in land formed 
 by the casting up of alluvial matter, the minerals belong to 
 the adjoining proprietor.! This rule will suffer some modi¬ 
 fication, if the matter should come up for adjudication before 
 the Courts of Lower Canada. Boutillierij: states the maxim 
 
 * Civil Code of Lower Canada, Arts. 991, 1001, et seq. 
 f Collier on the Law of Mines, England, page 4. 
 
 X Boutillier Somme Ruralc , Book 1st, Tit. 72. 
 
17 
 
 “ Navigable rivers are royal rivers, all others belong to the 
 Seigneurs .” Loisel makes the same distinction: * * * § “ hi<di 
 
 o 
 
 roads and navigable river3 belong to the King, little rivers 
 and roads belong to the Seigneurs , and the streams to the 
 proprietor.” Lefevre de la Planchef says, “ That the King 
 can always pretend, that the gold which is found in the bed 
 of rivers belongs to him, and the little profit generally in¬ 
 duces him to cede the right to those who will take the 
 trouble of searching for it, whose success is more or less 
 uncertain.” It has been held in the Courts in Lower Canada^ 
 that rivers non navigables et non flottables are the private 
 property of the riparian proprietors, who have consequently 
 exclusive control over them. The Civil Code of Lower Canada, 
 which Cannot be construed to affect rights acquired prior to its 
 promulgation, is exceedingly ambiguous on this point.§ The 
 Seigniorial tenure having been abolished under certain reser¬ 
 vations in this section of the Province, the sole litigants in mat¬ 
 ters relating to navigable or floatable rivers would be the Crown 
 and the riparian proprietors, and it would depend much on the 
 navigability or floatability of the river or stream under 
 what category it would fall. This is a subject depending 
 very much on the adaptability of the river for purposes of 
 inland navigation, according to the evidence in each particu¬ 
 lar case. The question having been partly settled by the 
 nominal appropriation by the Crown of alluvial diggings, has 
 been divested of much of the interest which would otherwise 
 have been attached to it, had the Gold Mining Act not been 
 passed. || 
 
 * Iastituts, Tome 2ud. 
 
 f Domaine Publique, Tome i, page 22. 
 
 t 10 L. C. Reports, p. 294. 
 
 § Roads and public ways maintained by the State, navigable and float¬ 
 able rivers and streams and their banks, the sea shore, lands reclaimed 
 from the sea, ports, harbors, and roadsteads, and generally all those por¬ 
 tions of territory which do not constitute private property arc considered 
 as being dependencies of the Crown Domain.—C. C. L. C., Art. 4C0. 
 
 || C. C. L. C., Art. 42C et seq. 
 
 B 
 
CHAPTER II. 
 
 Of the Mode of Conveying Mineral Lands. 
 
 The Provincial Statute, which has been enacted respecting 
 Mining rights,* states in its preamble, u That doubts had 
 arisen as to the extent of the rights of purchasers of mining 
 claims and privileges severed from ihe soil, 5 ’ and preserves, 
 by enregistration, the rights of prior purchasers, whose claims 
 shall not be defeated, weakened, or injured by any subse¬ 
 quent sale ; the enacting clause is to the following effect: 
 “ The sale, lease, or other transfer by the owner or grantee 
 “ of the real property of any mining right or privilege of 
 i( exploration for any mine, mineral, coal oil, or other mineral 
 “ substance or quarry, with or without the power of 
 “ working the mine, or right of access or egress thereto 
 u or therefrom, if duly registered, &c., shall vest the 
 u property in the purchaser,’’ &c. The terms of the Statute 
 being somewhat ambiguous, it will be necessary to refer to 
 certain general principles, which will aid in its elucidation. 
 Under the law of England, and in this bath the letter and the 
 spirit of the French law agree, it is held, that a lease of the 
 minerals, or a grant of them, carries with it the requisite power 
 to dig for them, all necessary rights of way over the lands of 
 the lessor, the power to erect machinery, &c.f The equi¬ 
 table rules of the civil law imply, that all necessary rights are 
 comprised in a grant, without which it would be useless to 
 the purchaser. The Courts in Lower Canada, guided by 
 the spirit of equity, which pervades our system of Jurispru¬ 
 dence, would supply any omission to render a contract prac¬ 
 ticable, which would be otherwise void. Equity, as Toullier 
 
 * 24th Victoria, chap. 31st. 
 
 | Earl of Cardigan vs. Armitage, 3 B. and C., p. 197 ; 3 D. and R., p 
 
19 
 
 
 say9,* * * § is always the supplement of contracts, but he adds, 
 “ we ought not to violate agreements in endeavoring to 
 discover a purely imaginary equity.” It is on equity °hat 
 are based those rules of law, which the wisdom of the Roman 
 Jurisconsult has transmitted to us, and which are mostly the 
 development of the precepts of divine wisdom. 
 
 Under the Roman Empire, property in minerals became 
 not unfrequently distinct from property in the soil, and under 
 the Code Civil of France, by the law of 21st April, 1810, 
 property in mines was declared to be distinct from the 
 property in the soil, which could not be explored without a 
 concession from the Government, f In Spain, it has been 
 held that mines were not conveyed in a grant without they 
 were specially mentioned therein. £ It is necessary, however, 
 to remark that the State or the Crown in the above cases 
 arrogated to itself the property in all mines. IIow it would 
 be held in cases arising out of grants or leases between indi¬ 
 viduals would depend much on the terms of the contract and 
 the intention of the parties. Good faith would also require 
 that there should have been no concealment on the part of 
 the grantee or lessee to the detriment of the owner of the 
 mine. 
 
 In considering the mode of conveying mineral lands, it 
 must be borne in mind— 
 
 1st. That in Lower Canada mines are immoveables ; 
 
 2nd. The buildings, machinery, pits, and works therein 
 are such by destination ; 
 
 3rd. Minor’s implements and utensils necessary for work¬ 
 ing the mine are also such by a fiction of law.§ 
 
 * 6 Toullier, page 372, No, 338. 
 
 f Jurisprudence des Mines, par Dupont. Paris, 1862. 
 
 t Rogers on Mines, p. 52. 
 
 § Peyret-Lallier, Tome i, page 173, No. 131. 
 
20 
 
 \rj 
 
 Pothier and Toullier both agree in this application of the 
 law in designating mining property as immoveables. It will 
 therefore be necessary in conveying mining property or any¬ 
 thing incidental thereto, to effect the transfer as in the case 
 of immoveables; thus in any sale of moveable property, 
 which Actively are immoveables, it will be advisable to have 
 the sale authenticated by a written instrument, otherwise a 
 wide door would be left open to doubt and chicanery. 
 
 In England, the most common forms in use for the con¬ 
 veyance of mining rights are leases and licenses to dig for 
 minerals for a term of years. These are very different in 
 their effects and operation. A lease is exclusive of the rights 
 of all other persons, vesting the absolute possession of the 
 whole of the subject matter demised or leased. A license to 
 work for minerals is, on the other hand, not exclusive of the 
 rights of the grantor, unless there be express words of exclu¬ 
 sion, but he retains the right to work himself for the same 
 minerals, or to license other persons to do so.* 
 
 It is probable that the Courts of Lower Canada would draw 
 the same distinction as an object of public policy. Knowing 
 that valuable mining properties are locked up in the hands 
 of proprietors without being worked, a mere license to dig 
 for minerals would probably be construed, as not being 
 prohibitory of a similar right being conferred on others. It 
 will be observed in the several Letters Patents and Declaia- 
 tions mentioned in Isambert,t that the French Crown, with a 
 view to the proper development of the resources of the 
 country, made it obligatory on the grantees to work the mines 
 within one year, under the penalty of losing the privileges 
 conferred on them. 
 
 Under the law of Lower Canada, the various modes by 
 
 * 1 And. R., 307. 
 
 4 Leon, 147. 
 
 Chatham vs. Williamson, 4 East Rep., 4G9. 
 ] “ Anciennes Lois Francaises ” 
 
21 
 
 which real estate can be alienated or conveyed may be 
 adopted for the sale or transfer of mines, and no technical 
 form is required as in England for the transmission of mining 
 property. 
 
 It would, however, be advisable to shun any ambiguity in 
 the contract by expressing the obligations of the purchaser 
 and defining the rights of the vendor. Mines and quarries are 
 not comprised in the usufruct of lands. The usufructuary 
 may nevertheless take therefrom all the materials necessary 
 for the repair and maintenance of thee state subject to his 
 right—under certain circumstances the usufructuary may 
 however continue the working begun by the owner.* 
 
 In a lease, it would be better to describe accurately the 
 portion of the land through which the right to pass and re¬ 
 pass, carry and re-carry, &c., should be used or exer¬ 
 cised ; the place where buildings, sheds, &c., should be 
 erected ; use of the water, both for the washing of the ore, 
 use of the cattle, &c., and other kindred matters, which 
 depend on the circumstances peculiar to each cqntract. It 
 would also be advisable to have the deed executed by the 
 wife as well as the husband, in order to bar her matrimonial 
 rights, if she have any. The product of such mines and 
 quarries as are opened during the marriage, upon the private 
 property of one of the consorts, does not fall into the commu¬ 
 nity, but such as were opened and worked previously to the 
 marriage, may continue to be worked for the benefit of the 
 community.! As has been before observed, the sale of a 
 mine would, it is likely, be construed as comprising all the 
 necessary obligations to work the mine in good faith, for 
 covenants are construed to run with mines on the same 
 principle as are applicable to land, yet it would be better to 
 state the contract in express terms, so as to avoid any diffi¬ 
 culty. 
 
 • C. C. L. C. Art. 460. 
 t 0. C. L. C. Art. 1274. 
 

CHAPTER III. 
 
 Of the Alienation of Mining Rights by Will or 
 Descent. 
 
 The rules, which regulate the descent, devolution and trans¬ 
 fer of interests in lands by operation of law, and their trans¬ 
 mission by will, apply to interests in mines with no distinction 
 deserving of special notice.* 
 
 The English form of devising property being that, which is 
 sometimes adopted in Lower Canada, great care should be 
 taken in using the proper phraseology in making the 
 bequest of mining property. The interests at stake are so 
 considerable that the strictest construction may be placed on 
 the clauses of a will bequeathing that species of property. 
 All the formalities which are required for the transmission of 
 real estate are necessary in the case of a will conveying 
 mineral property. Under a late Provincial Statute, it may 
 be executed before two witnesses, but the greatest circum¬ 
 spection should be practised in having it correctly tested, 
 probated, and enregistered in conformity with law. It may 
 be added that, in remote parts of the Eastern Townships of 
 Lower Canada, where there is a considerable portion of mineral 
 property, and it may be difficult to procure the attendance 
 of witnesses, what is termed a holographic will, viz., one 
 which is entirely written , dated , and signed by the testator, 
 will be as efficient as if it were executed before witnesses. 
 
 Regarding the law of descent, relating to miniug property, 
 it is the same as that which relates to all other immoveable 
 property, and needs no special notice here. 
 
 * Collier on the Law of Mines, page 55. 
 
CHAPTER IV. 
 
 Of the Rights Belonging to the Owners of Mines, the 
 Injuries they may Sustain, and their Remedies. 
 
 The first rule which Pothier lays down for the interpreta¬ 
 tion of contracts* is, that we must endeavor to discover 
 what is the common intention of the contracting parties, 
 rather than the grammatical sense of the terms used, and in 
 another he says, that when a clause is susceptible of two 
 meanings, it ought to have that ascribed to it, which would 
 give it some effect, rather than that from which it would have 
 none at all. In the absence of any special legislation on the 
 subject of mines, it will be necessary in the construction and 
 interpretation of mining contracts to pay rigid attention to 
 the equitable rules of the civil law, rather than the close and 
 oft-times turgid reasoning of the English judges and lawyers 
 on the technicalities of the common law, both in the redac- 
 tion and interpretation of mining contracts. 
 
 With these remarks, we shall now proceed to inquire what 
 are the ordinary rights of the owner and grantee of mining 
 property, the wrongs to which he may be exposed, and the 
 remedies he may have to redress them. 
 
 It may be stated as a general proposition, that the right to 
 obtain minerals, whether by the owner or lessee, comprises 
 the right to do all that is necessary towards the convenient 
 working of them. (Cuicunque allquid conceditur etiam et 
 id sine quo res ipsa non esse potuit '),f It has been held in 
 England as a rule of law T , J that u the grant of a thing carries 
 
 * 1st. Pothier Obligations, page 43, sec. 91. 
 
 f Shepherd’s Touchstone, page 89. 
 
 J 1. Saunder’s Reports’, page 322. 
 
25 
 
 all things, without which the thing granted could not be had,” 
 but that this only applies to things incident and directly 
 necessary. In Lower Canada, under the practical application 
 of the principles of the civil law, the right to mine on another 
 man’s land, would imply the right to use all that is necessary 
 to completely fulfil the conditions of the contract. Thus in 
 England, it would depend on the terms of the mining lease, 
 whether the lessee would have the right to use a stream of 
 water on the land leased for washing the ore. In Lower 
 Canada, good faith on the part of the grantor or lessor would 
 require, that the use should follow the grant, provided it did 
 no injury to him. Various other cases might arise in which 
 the law of mining, as laid down in England, would be tem¬ 
 pered by the more equitable spirit of the system in force 
 here. 
 
 For instance, public policy in a new country would induce 
 both Legislators and Judges to enact or construe laws in a 
 sense, which would tend to the development of its mineral 
 resources. Delebecque* mentions several arrets or ordinances 
 of France, which mad& it compulsory on grantees of mining 
 lands to work them themselves, or cede the privilege to others. 
 The principle, which was embodied in the celebrated Regalian 
 law, and which was confirmed by the edict of the 15th Sep¬ 
 tember, 1557, was then in active operation, and the Crown 
 had a direct interest in the working of mines, from which it 
 derived a considerable profit. 
 
 It has been decided in England that the grant of minerals, 
 with the usual powers to dig shafts, erect machinery, &c., 
 for the effectual and convenient mining and working of them, 
 would extend only to the processes necessary for making them 
 marketable, and not without express mention to those of 
 smelting, f 
 
 ♦Traitd sur la Legislation des Mines, vol. i, page 252. 
 f Sampson vs. Easterly, 9 B. & C., 505. 
 
Both the owner and the lessee are bound to use the greatest 
 caution in digging shafts, so as not to interfere with the rights 
 of the adjoining proprietors.* If he commit any negligence, 
 whereby they are injured, he renders himself liable to an 
 action for the wrong. He should be particularly careful, 
 when the working of the mine is near the boundary line of 
 his neighbor’s property, for he has no right to impair the 
 use of the adjoining land, although he is working within his 
 own limits. These matters have given rise to a great deal of 
 litigation in the English Courts, and cannot be too sedulously 
 avoided, f 
 
 In the excitement, which immediately ensued, on the dis¬ 
 covery of valuable deposits of copper, and other metallic 
 substances, in the Eastern Townships of Lower Canada, many 
 of the metalliferous lands were, in the nomenclature in use at 
 the time, bonded , or rather in most cases permission was 
 granted to search for, and if discovered, to work mines. 
 These bonds were couched in different terms, and comprised 
 clauses, which varied from each other. It is impossible to 
 lay down rules, which would meet every case that may arise, 
 but a knowledge of the general rights of the proprietor of the 
 land, who has conceded mining privileges, will no doubt be 
 advantageous. 
 
 What is familiarly called “ Royalty ” among miners in this 
 country, goes under the appellation of dues or duty ore in 
 England. An action of covenant may be brought for the 
 breach of a covenant under seal, or of special assumpsit for 
 the non-rendering of dues, according to an agreement not 
 under seal. Rogers says,:f “ the Court of Chancery will 
 decree specific performance of an agreement for the purchase 
 of any interest in a mine, and for carrying into effect any 
 
 * Peyret-Lallier, vol. i, p. 549, No. 442. 
 
 Desgodets, Lois des Batimens. 
 
 f Rogers on the Law of Mines, Chapter XVII. 
 
 X Rogers on Mines Edit, 1864, page 273. 
 
27 
 
 
 
 other agreement, which can be fairly executed , as well as 
 give relief against .an arbitrary exercise of powers reserved 
 to a grantor; but no specific performance will be decreed of 
 any contract, which is ambiguous in its terms ; or where the 
 subject matter has undergone such an alteration, that it can¬ 
 not be given to the claimant, if a decree were made.”* He 
 adds, the remedy in such cases will be at law to recover 
 damages, and cites several cases to show that relief is afforded 
 in Courts of law, where equity cannot intervene.! 
 
 The matter can suffer no difficulty when the mine is worked, 
 but supposing there should be a mine of great value on the 
 property, which the grantee does not for certain reasons 
 choose to work, what recourse has the owner to whom dues 
 are owing, to compel him to work it ? The rule in England, 
 as above stated, is plain and simple, the grantee is bound to 
 work the mine, as long as it is fairly workable. J However 
 small may be the profits derived from the working of the 
 mine, he would be obliged to work it, for he can only attribute 
 to himself the making of a contract, which has not turned out 
 beneficial to him. The owner would have an equitable remedy 
 to compel him to work the mine or to rescind the deed, and 
 pay all damages. A great deal would no doubt depend on 
 the intention of the contracting parties to be discerned from 
 the wording of the deed, but the maxim of the Civil Law 
 would prevail, (melior est ut valeat quam ut per eat), and the 
 Courts would decree a performance, when it could be con¬ 
 veniently done. The public policy and necessities of an 
 unexplored country would lead to a ruling by the Courts 
 favorable to the speedy development of its mineral resources. 
 
 * Meynell vs. Surtees, 25 L. J., Chancery 257. 
 Flint vs. Brandon, 8 Vesey, Rep. 159. 
 
 Carne vs. Mitchell, 15 L. J., Ch. 287. 
 
 Nelson vs. Bridges, 2 Beav., 239. 
 f Rogers on Mines, page 274. 
 t 7 C. & P., 346. 
 
Bainbridge* * * § says, “ questions of this nature are of course 
 u properly for the consideration of a J udge ; but if there be 
 “ any fraudulent delay on the part of the lessee, the Court 
 a of Chancery will interfere, and order him to pay the rent 
 a or dues, which would have accrued, if the mine had been 
 “ properly worked.” 
 
 In Lower Canada, the application of the rules of the Eng¬ 
 lish Courts would even be more extended ; a great deal would 
 depend on the intention of the parties as discernible from the 
 wording of the agreement, but the law would prescribe that 
 the grantee should work the mine in good faith, if it can be 
 worked with any, even the slightest profit. The words of the 
 civilians are in pari easily that he has to reproach himself in 
 making a bargain, which he cannot perform, or which has 
 turned out disadvantageous^ to him. 
 
 Peyret-Lallier,f whose work is partly based on the prin¬ 
 ciples and practice enunciated in the old Jurisprudence 
 (Vancienne Jurisprudence) , seems to be clearly of opinion 
 that the same doctrine prevailed in the French law, and in a 
 chapter ^ devoted to the consideration of what actions at law 
 are competent to be exercised by the owner of the land, says 
 that he has an action against the grantee ( proprietaire 
 exploitant ), for the delivery of the duty ore (droit), to be 
 allowed him from the product of the mine. lie adds, that 
 the redevance or dues owing to the proprietor of the land is 
 a realty, ( droit reel), and cites Proudhon, § as corroborating 
 his opinion. The latter regards it also as a ground rent, 
 (rente fondere), and adds, that according to the principles 
 of the old French law, the dues follow the land, into whoso¬ 
 ever hands it may fall. lie cites Loyseau, || Potliier,^[ 
 
 * Bainbridge on the Law of Mines, page 159. 
 
 f Legislation des Mines, vol. i, page 106. Paris, 1844. 
 
 $ Page 98, No. 77. 
 
 § Proudhon, Nos. 308 & 780. 
 
 || Loyseau de la distinction des Rentes, Liv. i, ch. 4. 
 
 IT Pothier, Bail a Rente, No. 88. 
 
29 
 
 Toullier, Merlin, and others, who commented on the 99th 
 article of the Custom of Paris. It being a redevance or real 
 charge on the property, it gives rise to a mixed action against 
 the grantee, * the nature of which is explained in Pothier. 
 The law would therefore, according to the foregoing authori¬ 
 ties, give the proprietor a right of action against the grantee 
 or lessee, viz : to compel him to perform the covenants he has 
 entered into, to work the mine in good faith, or to rescind 
 the deed, and for the damages which have necessarily arisen 
 from the non-user; and secondly, should the mine be worked 
 it would give him a personal action against the grantee, for 
 the payment of the dues. 
 
 Fraud vitiates all contracts. If the vendor make false 
 representations to the purchaser with respect to the advan¬ 
 tages of an investment, it will amount to fraud, and the pur¬ 
 chaser may be relieved in equity by a decree for setting 
 aside the contract.! Under the law of Lower Canada it 
 would undoubtedly be held, that false representations would 
 nullify the contract. Quere —would the concealment of the 
 fact of there being a mine on the land sold have the same 
 effect ?| In England concealment does not vitiate the sale. 
 Our system of Jurisprudence is, moreover, founded on good 
 faith, which militates against all collusion and fraud in the 
 execution of contracts . 
 
 * Idem de Socidtd. No. 194, 2nd partie. 
 f Bainbridge on Mines, page 423. 
 
 Rogers, ch. xiv, sec. 1, p. 273. 
 
 \ Vide ch. i. 
 
CHAPTER V. 
 
 What the Grant or Lease of Mining Lands should 
 contain, Special Covenants, &c. 
 
 It will be observed from the tenor of the preceding remarks 
 that in Lower Canada no particular form is required for the 
 sale or lease of mining rights. In this contract, as in all 
 others, the Court will enforce the execution of the deed 
 according to the manifest intention of the parties from the 
 terms of the agreement between them. To avoid, however, 
 the necessity of resorting to the Courts of Law for the inter¬ 
 pretation of contracts, it is advisable to express plainly on 
 the face of the deed the obligations of the purchaser and the 
 rights of the owner of the land. This will obviate a great 
 deal of expense and trouble. The following suggestions may 
 not be considered misplaced. They apply to both sections of 
 the Province, and should receive the strictest attention in the 
 preparation of contracts of this nature. 
 
 1st. A grant or lease should, after properly describing 
 the parties by their names and addition, proceed to grant or 
 demise the subject of contract. It should cover either the 
 whole land or certain bounds for the working of any lodes or 
 veins, either known or supposed to exist, without prejudice 
 to the rights of the owner to use the land for farming pur¬ 
 poses. 
 
 2nd. To work the mines, smelt the ores, erect washing and 
 smelting apparatus, put up sheds, &c., &c. 
 
 3rd. To enter, dig shafts and pits, drive levels, make water- 
 gates and aqueducts for draining the mines, erect engines 
 and machinery for obtaining the minerals or for protecting 
 them when they are in his possession. 
 
31 
 
 4th. To stipulate particularly the rights of way, and on 
 what part of the land it is to be exercised. 
 
 5th. To particularize the right to cut timber off the land. 
 
 6th. The reservation of the royalty or duty ore, and to 
 define accurately the quantity, quality, time and mode of 
 delivery, whether it is to be washed by the grantee or not, or 
 delivered in its natural state. 
 
 7th. The dues may be paid in money, for if it be in metal 
 it is an exception to the thing sold. 
 
 8th. To hold in view the possibility of the discovery of 
 other metals than the particular one respecting which the 
 agreement is made. 
 
 9th. To allow the owner or lessor to inspect the works, 
 and, in case the mines are not worked in a proper manner, to 
 give such satisfaction and damages to the lessor as shall be 
 decided by arbitration. 
 
 10th. To provide proper books and accounts of the quan¬ 
 tity produced, to be at all times open to inspection and to 
 furnish copies and extracts from them. 
 
 11th. If the lease be determinable at a given period, to 
 give the lessor the option of purchasing the tools, materials 
 and machinery at a fair valuation or by arbitration. 
 
 These covenants may be modified or altered to suit the 
 views of the contracting parties, but they should not be dis¬ 
 regarded in the execution of mining contracts. 
 
 In licenses to dig for minerals and to work them, if found, 
 the right ol the grantor and others to work them also, should 
 be distinctly reserved, although, as it has been before stated, 
 the license differing from a lease, would imply the retention 
 of that right, unless there be an express exclusion of it. 
 
32 
 
 CHAPTER VI 
 
 Of Joint Stock Associations and Acts of Incorporation. 
 
 It would be beyond the scope of this short treatise on the 
 relative rights of the owner and grantee of mininglands, to offer 
 any remarks on the powers granted to Joint Stock Companies 
 and Mining partnerships. The Act respecting Mining Com¬ 
 panies * * * § confers certain rights relating to tramways, macadam¬ 
 ized roads, &c., to which it may be necessary to refer, when a 
 Mining Company is being organized. Any dissertation on the 
 subject of these Associations would be sufficiently comprehen¬ 
 sive to form a separate work in itself. It will be sufficient to refer 
 to the Joint Stock Companies Act of 1859f as amended by sub¬ 
 sequent Statutes Junder whichmining companies can be formed. 
 Besides the general authorization (under certain conditions and 
 formalities to be observed by applicants), which is conferred by 
 this Statute, to form companies for mining purposes, there were 
 no less than fifteen acts of incorporation granted to private com¬ 
 panies in this section of the Province in the session of the Pro¬ 
 vincial Legislature, held in 1863, and thirty-five in that of 1864. 
 The “ Limited Liability Clause ” is found in all these private 
 acts of incorporation. These vary from each other in several 
 important particulars, although they agree in the cardinal points 
 of mining legislation. The Commissioners of the Civil Code 
 for Lower Canada have declared § “ that these Joint Stock 
 Companies are governed by the rules common to other part¬ 
 nerships, when these are not inconsistent with the rules pre¬ 
 scribed by them and with the laws and usages specially 
 applicable in commercial matters,” and add|| that “ when they 
 
 • Consolidated Statutes of Canada, chap. 64. 
 
 f 22nd Victoria, chapter 63. 
 
 X 23rd Victoria, chapter 30. 24th Victoria, chapter 19. 
 
 § Civil Code of Lower Canada, Book 3, page 46. 
 
 || Idem, page 52. 
 
arc formed by an Act of the Legislature, they are governed 
 by its provisions.” Notwithstanding the limited liability clause, 
 which is to be found in each of these acts of incorporation, 
 and which, in some cases, is as follows“ The share-holders 
 “ of the Company shall not, as such, be held responsible for 
 “ any act, default or liability whatsoever of the Company, or 
 “ for an 7 engagement, claim, payment, loss, injury, transac- 
 “ tion, matter, or thing whatsoever, relating to or connected 
 “ ^ ie Company beyond the amount unpaid upon their 
 shares in the stock thereof,” the Company would not be 
 relieved from the obligation of working the mines, which they 
 may have acquired, subject to the royalty or duty ore, which 
 may be payable to the owner. If the mine be workable, the 
 Company would be bound to work it, like any other private 
 grantee, and if any fraud be practised for the purpose of evad¬ 
 ing its obligations, it is probable that the Courts would inter¬ 
 vene to enforce the execution of the contract as in all other 
 cases. In a country, the wealth of which depends on the 
 availability of its mineral resources, it should be the policy of 
 the Legislature and the Judiciary so to enact or interpret 
 laws, that the public interests may be subserved rather than 
 thwarted by their operation. 
 
 ♦ 
 
 c 
 
An Act respecting Gold Mines. 
 
 [Assented to 3(M June, 1834.] 
 
 1U rHURRAS Gold has been discovered in this Province - and 
 f ▼ whereas it is expedient that provision should be made re¬ 
 specting the development and production thereof, and for the 
 workmg of mines of the same: Therefore, Her Majesty, by and 
 with the advice and consent of the Legislative Council and As- 
 sembly of Canada, enacts as follows: 
 
 1. In the construction and for the purposes of this Act, and of 
 all Orders in Council or Regulations under it, if not inconsistent 
 with the context or subject matter, the following terms shall have 
 the respective meanings hereby assigned to them, that is to say: 
 
 FJ rst ' Thc ver ^ “mine” and the participle “mining” shall be 
 held to mean and include any mode or method of working whatso¬ 
 ever whereby the soil or earth, or any rock or stone 5 may be 
 disturbed, removed, carted, carried, washed, sifted, smelted, refined 
 crushed or otherwise dealt with for the purpose of obtaining sold 
 whether the same may have been previously disturbed or not; 
 
 Secondly . The word “ Gold ” shall be held to mean and include 
 as well any gold as any earth, clay, quartz, stone, mineral or other 
 substance containing gold or having gold mixed therein, or set 
 apart for the purpose of extracting gold therefrom; 
 
 Thirdly . Thc words “ Quartz mines ” shall be held to mean and 
 include all auriferous rocks containing gold; 
 
 Fourthly . The words “ Alluvial mines,” shall be held to mean 
 and include all soils or strata containing gold; and the word “ mines ” 
 shall include both quartz mines and aHuvial mines and all other 
 gold mines whatsoever, and all places where the work of “ mining,” 
 as above defined, may be carried on; 
 
 Fifthly. The word “ proprietor,” shall be held to mean and in¬ 
 clude the person or persons for the time being entitled to the rents, 
 
issues and profits of the land, or the person who is the owner of 
 the mining rights and gold found on the land on which any 
 “mining” may be going on ; 
 
 Sixthly. The words “ Gold Mining Division,” shall be held to 
 mean and include any tract of country declared to be a “ Gold Min¬ 
 ing Division,” under this Act; 
 
 Seventhly. The words “ drown Lands,” shall be held to mean 
 and include all Crown Lands, Ordnance Lands (transferred to the 
 Province), School Lands, Clergy Lands, or lands of the Jesuits’ 
 Estates, Crown Domain or Seigniory of Lauzon, which have not 
 been alienated by the Crown ; 
 
 Eighthly. The words “ Private Lands,” shall bo held to include 
 all lands which have been alienated by the Crown; 
 
 Ninthly. The word u claim,” shall be held to mean a parcel of 
 land taken possession of under this Act for mining purposes; 
 
 Tenthly. The words 11 party-wall,” shall beheld to mean a bank 
 of earth or rock left between two excavations; 
 
 Eleventhly. The words “ Mill License,” shall be held to mean a 
 license to use machinery for the purpose of extracting gold from 
 rock; 
 
 Twelfthly. The words 11 Licensed Mills,” shall be held to mean 
 mills and machines so licensed, and the words u Licensed Mill 
 Owner,” the pfcrson to whom any such license has been granted ; 
 
 Thirteenthly. The word “ Licensee,” shall be held to mean a 
 person holding a license; 
 
 Fourteenthly. All measurements and distances under this act 
 shall be made and taken to be according to English measurement. 
 
 The Governor in Council, may from time to time, by Order 
 in Council, declare such tract of country as may be described in 
 and by such Order in Council a “ Gold Mining Division ” ; and by 
 any other subsequent Order or Orders in Council from time to 
 time, may extend, add to or diminish the limits of such division, 
 or may otherwise amend, or may cancel, such Order in Council; 
 and from and after the publication in the Canada Gazette of any 
 such Order in Council, the Gold Mining Division therein men- 
 
37 
 
 tioned and described, and the gold mines, quartz mines and alluvial 
 mines, situate in such Division, shall be subject to the provisions 
 of this Act, and to any regulations to be made under this Act. 
 
 The Governor may appoint such Officer or Officers as he 
 shall deem necessary for the purposes of this Act, who shall respec¬ 
 tively be under the direction of the Commissioner of Crown Lands, 
 and by Order in Council may prescribe their duties and fix their 
 titles and salaries; and they shall be ex officio Justices of the 
 Peace of the District or Districts which a Gold Mining Division 
 may comprehend or include, in whole or in part, or in which, or in 
 any portion of which, a Gold Mining Division may lie ; and it 
 shall not be necessary that any such Officer shall possess any pro¬ 
 perty qualification whatever in order to enable him lawfully to act 
 as such Justice of the Peace -; and every such Officer shall have 
 jurisdiction as a Justice of the Peace over all the territory com¬ 
 prised within the Division for which he may be appointed, with 
 power to settle summarily all disputes as to extent or boundary of 
 claims, use of water, access thereto, damage by licensees to others, 
 forfeiture of licenses, and generally to settle all difficulties, matters 
 or questions, which may arise under this Act, or offences against 
 any of the provisions of this Act, or the regulations to be made under 
 it; and the decision of any such Officer, in all cases under this Act, 
 shall be final, except when otherwise provided by this Act or when 
 another tribunal is appointed under the authority of this Act; and 
 no case under this Act shall be removed into any Court by Writ 
 of Certiorari, 
 
 4r. From and after the publication of any such Order in Coun¬ 
 cil as aforesaid in the Canada Gazette , it shall not be lawful for 
 any person to mine for Gold either for hiiflself or any other person 
 within the Division therein defined, and thereby constituted a Gold 
 Mining Division, except under a “ Crown Lands Gold License ,” 
 or a “ Private Lands Gold License ,” as provided by this Act. 
 
 •>. Any person found mining within any Gold Mining Division, 
 without a license as aforesaid or upon private lands against the will 
 of the proprietor thereof or without such license, shall, upon con¬ 
 viction before the Officer for the Division, forfeit and pay a sum not 
 exceeding five dollars and costs; and in default of payment of such 
 fine and costs he may be imprisoned for any period not exceeding 
 one month; Provided always, that no license fee shall be exacted for 
 exploring for gold until the precious metal be discovered. 
 
 G. Every licensee will be held and required to produce and ex- 
 
hibit his license to the Officer for the Division, and to prove, to the 
 satisfaction of the Officer, that such license is in force whenever 
 required to do so by him ; and the Officer for any Gold Mining 
 Division shall have the right to enter upon private lands, within 
 such Division, for the purposes of this Act. 
 
 7. For the purposes of this Act there shall be two descriptions 
 of license, neither of which shall be transferable; one to be called 
 the lt Crown Lands Gold License. ” and the other the “ Private 
 Lands Gold License ) ” each of such licenses shall contain the name 
 of the licensee; but it shall be lawful for any proprietor of a lot 
 of land to take out a license for each miner working upon his land, 
 in the name of such miner, which license shall be good for the 
 period therein mentioned, for the purpose of authorizing such 
 miner to mine as aforesaid. 
 
 8* A “ Crown Lands Gold License. ” shall authorize the person 
 therein named to mine, during one month or more from the date 
 therein named on any unsold Crown Lands within the Gold Mining 
 Division mentioned in such license; and for every such license a 
 fee of two dollars per month shall be paid. 
 
 9. A “Private Lands Gold License ” shall authorize the per¬ 
 son therein named to mine during one month or more from the 
 date therein named on private lands, within the Gold Mining 
 Division mentioned in such license, but only by and with the con¬ 
 sent of the proprietor of such lands, by such licensee first had and 
 obtained, and to the limit or extent agreed upon between such 
 licensee and proprietor; and for every such license a fee of one 
 dollar per month shall be paid. 
 
 BO, Each Crown Lands Gold Licensee shall have the right to 
 stake out one claim on unoccupied Crown Lands within the Divi¬ 
 sion (by planting a wooden picket at each of the four corners 
 thereof,) and to work the same. 
 
 11 . Each claim shall be of one of the following dimensions, viz: 
 
 FOR ALLUVIAL MINES. 
 
 If on any river or large creek, twenty feet front by fifty feet to the 
 rear, to be measured from the water’s edge. 
 
 If on a small creek or minor stream, forty feet front by fifty feet 
 to the rear, to be measured from the centre of the stream. 
 
39 
 
 If in a gully, sixty feet along said gully and to extend from hill to 
 hill 
 
 If on a surface or hill side digging, sixty feet square. Except 
 where a Company intend to hill-tunnel, then, upon application, 
 the Officer for the Division may grant such larger claim as he 
 may think fit. 
 
 And for working a bed of river the Officer shall determine as cir¬ 
 cumstances may require the size and position of claims; and all 
 side lines shall be drawn as nearly as possible at right angles to 
 the general course of the stream, for half a mile on each side of 
 the claim where such side lines touch the stream. 
 
 FOR QUARTZ MINES. 
 
 For any one person one hundred feet along a lead, by one hundred 
 feet on each side thereof, measuring from the centre of the 
 lead. 
 
 Companies of two or more persons may stake out and work addi¬ 
 tional feet along a lead by the above width in the proportion 
 of twenty-five additional feet in length for every additional 
 miner, not to exceed five hundred feet in length altogether, 
 and work the claim jointly. 
 
 18. The Officer for the Division shall decide as to each claim 
 under which of the heads in the next preceding section it shall 
 be classed ; and his decision shall be final. 
 
 9 
 
 13 . Claims shall be laid out as far as possible uniformly and 
 in quadrilateral and rectangular shapes; measurements of all 
 claims shall be horizontal ; and the ground included iu every 
 claim shall be deemed to be bounded under the surface by lines 
 vertical to the horizon. 
 
 14 . Licensees having so staked out their claims on Crown 
 Lands shall not have the right to a continued occupation of such 
 claims unless they work the same continuously, and without inter¬ 
 mission for a longer period than one week, nor uuless they comply 
 with the requirements of this Act, and the regulations to be made 
 under it, and regularly renew their Licenses. 
 
 1 g m No person shall occupy at the same time more than one 
 claim on Crown Lands, except in the cases hereinafter provided 
 for of registration of claims rendered temporarily unworkable. 
 
16 . The discoverer of any new mine shall be entitled to a 
 license free of fees for twelve months, for one claim of the largest 
 area prescribed by this Act or by any regulation which may be 
 issued under it and in force when such discovery may be made; 
 Provided that such discovery shall have been immediately reported 
 in writing to the officer of the Division ; and any one not imme¬ 
 diately reporting such a discovery shall not be allowed to mine on 
 any Crown Lands for one year. 
 
 17 . No person shall be considered the discoverer of a new 
 quartz mine, unless the place of the alleged discovery shall be 
 distant, if on a known lead, at least three miles from the nearest 
 known mine on the same lead, and if not on a known lead at least 
 one mile at right angles from the course of the lead ; if in alluvial 
 workings, at least two miles distant from any previously discovered 
 mine. 
 
 18 . A party wall of at least three feet thick shall be left be¬ 
 tween each holding on Crown Lands, which said party wall shall 
 be used in common by all parties as a mode of access to the stream, 
 where one exists; and such party wall shall not be obstructed by 
 any person or persons throwing soil, stones or other material 
 thereon; and every person or persons so obstructing such party 
 wall, shall, upon conviction before the Officer for the Division, be 
 liable to a fine of not more than five dollars, and costs; and in 
 default of payment of such fine and costs he may be imprisoned 
 for any period not more than one month. 
 
 10 . If at any time it shall be found necessary or expedient to 
 remove a party wall as aforesaid, the party so removing it shall, if 
 required so to do, construct a new mode of access to the water in 
 no wise more difficult as an approach than the one destroyed by 
 the removal of the party wall, under a like penalty as provided in 
 the next preceding section ; and in case of a removal of a party 
 wall the gold found therein shall belong to the owners of the ad¬ 
 joining claims, each of whom shall own the half next to his claim. 
 
 20. No person mining upon any Crown Lands shall cause any 
 damage or injury to the holder of any other claim than his own, 
 by throwing earth, clay, stones or other material upon such other 
 claim, or by causing or allowing any water which may be pumped 
 or bailed or may flow from his own claim to flow into or upon 
 such other claim, under a penalty of not more than five dollars, 
 and costs; and in default of payment of such fine and costs, he 
 may be imprisoned for any period not more than one month. 
 
41 
 
 21 . Claims on Crown Lands fronting on streams shall be 
 subject to the general use of the waters of such streams, in a 
 manner to be regulated by the Officer for the Division. 
 
 22 . Any person occupying a claim on Crown Lands which in 
 consequence of excess of water or other unavoidable reasons cannot 
 then be worked, may, upon payment of one dollar, register his 
 right to such claim in the Office of the Officer for the Division, 
 in a book to be kept for that purpose, and may then proceed to 
 work elsewhere ; but in case such person do not return and occupy 
 the claim so registered within one week after the surrounding 
 claim or claims have been shown to be workable, he shall forfeit 
 all.right and title to said claim ; provided that every person so 
 registering a claim shall be held to plant a wooden picket, in the 
 centre thereof or as near the centre thereof as possible, upon which 
 shall be cut or painted, in legible figures, the registration number 
 of said claim. 
 
 23 . Any person found removing or disturbing with intent to 
 remove, any stake or picket placed under the provisions of this 
 Act, shall forfeit and pay a sum not exceeding ten dollars and 
 costs, and in default of payment of such fine and costs, may be 
 imprisoned for any period not exceeding one month. 
 
 24 . Every person holding a gold mining license shall upon 
 renewing the same and to entitle himself to a renewal, make a 
 full and true statement, upon the expiring license or otherwise, to 
 the proper Officer, upon oath, of the labor performed and gold 
 obtained by him during the term of such license. 
 
 25* From and after the passing of this Act it shall not be 
 lawful for any person or persons to use or employ any mill or 
 machinery (other than mills or machinery worked by hand) within 
 or near any Gold Mining Division for the crushing or reduction 
 of quartz, or the obtaining of the gold therefrom by crushing, 
 stamping, amalgamating, or otherwise, without a license therefor 
 first had and obtained from the Officer of the Division, which shall 
 be good for one month or more, and for which he shall pay a fee 
 of five dollars per month ; and every person convicted of any con¬ 
 travention of any one of the provisions of this section shall, for 
 every day on which such contravention shall have occurred or 
 been continued, forfeit and pay a sum not exceeding one hundred 
 dollars, and costs; and in default of payment of such fine and 
 costs he may be imprisoned for any period not more than two 
 months. 
 
42 
 
 26 . Every licensed mill owner shall keep a book or books of 
 account, in which book or books shall be entered a clear and dis¬ 
 tinct statement of all quartz crushed, amalgamated or reduced at 
 the mill of such licensed mill owner, and the following particulars 
 in respect of the same : 
 
 First .—The name of the owner or owners of each distinct parcel 
 or lot of quartz crushed; 
 
 Second .—The weight of each such parcel or lot; 
 
 Third .—The date of the crushing of the same; 
 
 Fourth .—The actual yield in weight of gold from each such 
 parcel or lot; 
 
 Fifth .—The number or numbers of the license or licenses of 
 the licensee or licensees by whom said claim was worked. 
 
 And every such mill owner shall furnish monthly, to the Officer 
 for the Division, a return on oath, compiled from such book or 
 books and containing statements and particulars as aforesaid, for 
 each and every day during the month then last past, together with 
 such other information as such Officer or the Governor in Council 
 may require; and for every day on which any such Licensed Mill 
 Owner omits to enter any such statement, or any particular or 
 particulars as aforesaid, or delays to furnish such return when 
 due, he shall forfeit and pay a sum of not more than twenty 
 dollars, and costs; and in default of payment of such fine and 
 costs he may be imprisoned for any period not more than one 
 month. 
 
 27 . Nothing in this Act shall be held or construed to mean 
 that parties searching for, digging or removing Gold from lands 
 adjoining any Gold Mining Division, shall not be subject to the 
 provisions of this Act, as if their operations were carried on within 
 such Gold Mining Division. 
 
 .28. No person shall sell or barter any wine, beer, or other 
 spirituous liquor within one mile of any place where Gold Mining 
 is being prosecuted without a monthly Tavern License from the 
 Officer for the Division, paying for the same a fee of five dollars; 
 and such Tavern shall be under the supervision of such Officer, 
 who may rescind such license, should the Tavern not be conducted 
 in an orderly and proper manner; and any person who shall so 
 
sell or barter any wino, beer, or other spirituous liquor as afore¬ 
 said, without first obtaining such license, shall, upon conviction 
 before the Officer for the Division or a Justice of the Peace, forfeit 
 and pay for every such offence, a fine of not more than one hun¬ 
 dred dollars, and costs; and in default of payment of such fine and 
 costs, he may be imprisoned for any period not more than two 
 months, and he shall, moreover, forfeit all wine, beer and other 
 spirituous liquor found in his possession in such Tavern. 
 
 29 . No person shall receive a Tavern License under this Act 
 without producing to the Officer for the Division, a Tavern License 
 in his favor issued by the Collector of Inland Revenue for the 
 Revenue Division in which the hotel, tavern, house, vessel or place 
 to which the license he seeks for under this Act is to apply, shall 
 be situate, and then in force and to be in force for and during the 
 month lor which he seeks for a license under this Act. 
 
 30 . Each Officer appointed in and for a Gold Mining Division 
 under this Act, may appoint any number of Constables not exceed¬ 
 ing four; and the persons so from time to time appointed shall be 
 and they are hereby constituted respectively Constables and Peace 
 Officers for the purposes of this Act, for and during the terms and 
 within the Gold Mining Divisions for which they may be appoint¬ 
 ed respectively. 
 
 31 . The Governor may, from time to time, appoint any police¬ 
 men or police force in and for any Gold Mining Division or Gold 
 Mining Divisions, in number not exceeding one hundred in the 
 whole; and may make regulations for the management, discipline 
 and pay of such force;—and the policemen or members ot the 
 police force so appointed, shall have all the powers, authorities and 
 immunities of Constables and Peace Officers, and such additional 
 powers and authorities as the Governor in Council may confer on 
 them; and they may be employed in such duties as the Governor 
 in Council may, from time to time determine. 
 
 32 . The Governor in Council may, as often as occasion requires, 
 declare by Proclamation that he deems it necessary that the Act 
 “ respecting Riots near Public Works,” being chapter twenty-nine 
 of the Consolidated Statues of Canada, should, so far as the pro¬ 
 visions therein are applicable, be in force within a Gold Mining 
 Division or Gold Mining Divisions; and upon, from and after the 
 day to be named in any such Proclamation, the said Act shall, so 
 far as the provisions therof can be applied therein, take effect within 
 the Gold Mining Division or Gold Mining Divisions designated in 
 
44 
 
 such Proclamation, and the provisions of the said Act shall apply 
 to all persons employed in any mine, or in mining, within the 
 limits of such Gold Mining Division or Gold Mining Divisions, as 
 fully and effectually to all intents and purposes as if persons so 
 employed had been specially mentioned and referred to in the said 
 Act : 
 
 t 2. And the Governor in Council may, in like manner, from time 
 time to time, declare the said Act to be no longer in force in such 
 Gold Mining Division or Gold Mining Divisions; but this shall not 
 prevent the Governor in Council from again declaring the same to 
 be in force in any such Gold Mining Division or Gold Mining Di¬ 
 visions ; 
 
 3. But no such Proclamation shall have effect within the limits 
 of any City; 
 
 4. For the purposes of this and the two last proceding sections 
 each separate extent of ground, area or territory mentioned in any 
 Letters Patent under the Great Seal of this Province whereby 
 Her Majesty s Royal permission and authority to make researches 
 for and dig and work gold, or gold mines has been given and 
 granted to any person or persons, may be held and deemed to be 
 a Gold Mining Division or for such purposes may be included in 
 any existing Gold Mining Division. 
 
 Every person who has, at any time before the passing of 
 this Act, by himself or herself, or by any other person or persons, 
 made researches for and dug and worked gold, gold ore or gold 
 mines, in any part of this Province under or by virtue of any such 
 Letters Patent as aforesaid, shall, within two months from and 
 after the passing of this Act, furnish to the Commissioner of 
 Crown Lands a full, true and detailed account, verified on oath, 
 showing the gross quantity of gold extracted or collected, or caused 
 to be extracted or collected within the extent of ground, area' or 
 tenitory described in such Letters Patent in each and every year 
 since the date of the said Letters Patent, and shall within six 
 months pay to such officer the proportion of such gross quantity 
 of gold due by such person to Her Majesty according to the terms 
 and conditions of such Letters Patent, or the equivalent thereof in 
 money at the then market rate of gold in this Province, as the 
 said Commissioners shall then and there elect; and for every day 
 during which any such person shall neglect or delay, after the ex¬ 
 piration of either of the said terms, to furnish such account and 
 pay such proportion or its equivalent as aforesaid, he or she shall 
 
45 
 
 incur a fine of five dollars; and nothing herein contained shall in¬ 
 terfere with existing rights or remedies of the Crown ; and nothing 
 in this act contained shall be construed into an acknowledgment 
 that any such Letters Patent were legally issued, or that they have 
 not been forfeited. 
 
 34. Every person who shall, at any time after the passing of 
 this Act, by himself or herself, or by any other person or persons, 
 make researches for and dig and work gold, gold ore or gold mines 
 in any part of this Province under or by virtue of any such Letters 
 Patent as aforesaid, shall, on the last day of each month in which 
 he or she has by himself or herself or by any other person or persons 
 as aforesaid made researches for, dug or worked gold, gold ore or 
 gold mines within the extent of ground, area or territory described 
 in such Letters Patent, furnish to the Commissioner of Crown 
 Lands a full, true and detailed account, verified on oath, shewing the 
 gross quantity of gold extracted or collected or caused to be extracted 
 or collected by such person within such extent of ground, area or 
 territory during such month, and shall at the same time pay the 
 proportion of such gross quantity of gold due by such person to 
 Her Majesty according to the terms and conditions of such Letters 
 Patent, or the equivalent thereof in money at the then market rate of 
 gold in this Province, as the said Commissioner shall then and there 
 elect; and for every day on or during whuffi any such person shall 
 neglect or delay to comply with the requirements of this section 
 he or she shall incur a fine of twenty dollars; and nothing herein 
 contained shall in any wise interfere w T ith the existing rights or 
 remedies of the Crown for the non-performance of any of the con¬ 
 ditions or stipulations contained in any such Letters Patent. 
 
 3o. The Governor in Council may from time to time make all 
 and every such regulation and regulations as he may deem necessary 
 or expedient, for diminishing or increasing the size or altering the 
 form of claims, for prescribing the conditions and terms of licenses, 
 and for fixing, diminishing or increasing the license fees charge¬ 
 able under this Act, for the appointment of Arbitrators or Mining 
 Boards to hear and determine appeals from the decisions of Gold 
 Mining Officers, and for the prescribing, defining and establishing 
 the powers, duties and mode of procedure of such Arbitrators or 
 Mining Boards; for the construction and maintenance of roads 
 through the Gold Mining Divisions, and generally for the purpose 
 of carrying out this Act; and such regulations, after publication 
 in the Canada Gazette , shall have the force and effect of law. 
 
 30. Every person contravening this Act, or any rule or regu¬ 
 lation made under it, in any case where no other penalty or 
 
46 
 
 punishment is imposed, shall for every day on which such contra¬ 
 vention occurs or continues or is repeated, incur a fine of not more 
 than twenty dollars and costs; and in default of payment of such 
 fine and costs he may be imprisoned for a term of not more than 
 one month. 
 
 37„ Any Gold Mining Division Officer may convict upon view 
 of any of the offences punishable under the provisions of this Act, 
 or regulations made under it. 
 
 38. The contravention on any day of any of the provisions of 
 this Act, or of any regulation made under it, shall constitute a 
 separate offence and may be punished accordingly. 
 
 39. All fees, penalties and fines received under this Act and 
 the costs of all such convictions as shall take place before any 
 magistrate appointed under this Act, shall form part of the Con¬ 
 solidated Revenue Fund of this Province and be accounted for 
 and otherwise dealt with accordingly; and the expenses of carrying 
 this Act into effect in any Gold Mining Division or Gold Mining 
 Divisions, shall be paid by the Governor out of the said Consoli¬ 
 dated Revenue Fund. 
 
 40. This Act may be known and cited as “ The Gold Mining 
 Act.” 
 
 From the u Canada Gazette ,” oflbtli July , 1864, 
 
 DEPARTMENT OF CROWN LANDS, 
 
 Crown Domain Branch, 
 
 Quebec , IQth Juhj ) 1864. 
 
 His Excellency TnE Governor General in Council has . 
 been pleased to declare, under section 2, of the Act 27th and 
 28th Victoria, Chapter 9, intituled: “ The Gold Mining Act,” 
 the following tracts of country in Lower Canada to be “ Gold 
 Mining Divisions ” respectively, under the said Act, viz : 
 
 A division to be called “ the Chaudidre Gold Mining Division ” 
 to comprise the counties of Megantic, Dorchester, Montmagny, and 
 Beauce, including in the latter the seigniory of Rigaud Vaudreuil, 
 for the purposes of the 30th, 31st and 32nd sections of the said 
 Act, and excluding the Townships of Spaulding, Ditchfield, 
 Clinton and Woburn, attached to the St. Francis Division here- 
 
after meDtioncd ; Charles Lefebvre de Bellefeuille, Esquire, to be 
 hold Mining Inspector for this division under the said Act, Office 
 at St. Francois de la Beauce and a Division to be called “the 
 St. Francis Gold Mining Division,” to comprise the counties of 
 Bagot, Drummond, Artliabaska, Shefford, Kichmond, Wolfe 
 Missisquoi, Brome, Stanstead and Compton, and the Townships 
 of Spaulding, Ditchfield, Clinton and Woburn, in the county of 
 Beauce; James Kempt Gilman, Esquire, to be Gold Minina 
 Inspector for this division, under the said Act, Office at Stanstead°. 
 
 ANDBEW BUSSELL, 
 
 Asst. Com. of Crown Lands. 
 
 From the “ Canada Gazette ” of 30th July , 1864. 
 
 DEPABTMENT OF CEOWN LANDS, 
 
 Crown Domain Branch, 
 
 Quebec , 30*7* July , 1864. 
 
 His Excellency the Governor General, in Council, has 
 been pleased to add, under section 2, of the Act 27th and 28th 
 Victoria, chapter 9, intituled: “ the Gold Mining Act,” the fol¬ 
 lowing Townships and parts of Townships, to the limits of the 
 “ Chaudidre Gold Mining Division,” as erected by Order in Coun¬ 
 cil published in the Canada Gazette of the 16th instant, viz : 
 the Townships of Daaquam, Bellechasse, Boux and Mailloux, in 
 the County of Bellechasse, and those parts of the Townships of 
 Armagh and Buckland which are situate in the said County. 
 
 ANDBEW BUSSELL, 
 
 Assist. Com. of Crown Lands. 
 
48 
 
 CAP. IX. 
 
 An Act to amend 7 he Gold Mining Act, twenty- 
 seventh and twenty-eighth Victoria, chapter 
 nine. 
 
 [.Assented to 18<7t September , 1865.] 
 
 HEREAS it is necessary and expedient to amend The 
 
 \\ Gold Mining Act , twenty-seventh and twenty-eighth Vic¬ 
 toria, chapter nine : Therefore, Her Majesty,' by and with the 
 advice and consent of the Legislative Council and Assembly of 
 Canada, enacts as follows: 
 
 1. The proviso contained in clause five of the said Act to the 
 effect “ that no license fee shall be exacted for exploring for Gold 
 until the precious metal be discovered,” is hereby repealed. 
 
 2 . The word “ two ” in sub-section four, of clause thirty-two of 
 the said Act is hereby repealed, and the word ‘‘four” substituted 
 therefor. 
 
 •£. Any complaint or dispute for, or in respect of wages be¬ 
 tween persons engaged in mining within any Gold Mining Divi¬ 
 sion, or their agents or representatives, and the laborers or servants 
 employed by them, may be heard and determined before the Officer 
 of such division, who may by summons require the attendance of 
 the defendant before him, and upon proof of the service of such 
 summons may, either in the absence or presence of the defendant, 
 determine such complaint in a summary manner, on the oath of 
 any one or more credible witness or witnesses to be sworn before 
 him, and may levy such sum as he may adjudge to be due by such 
 person, or his agent or representative to such laborer or servant, 
 together with the costs of service by warrant of distress and sale 
 of the defendant’s goods and chattels. 
 
 4 - This Act may be known and cited as The Gold Mining 
 Amendment Act of 1865. 
 
H 1 
 
 49 
 
 From the “ Canada Gazette ” of 23rd September , 1865. 
 
 DEPARTMENT OF CROWN LANDS, 
 Crown Domain Branch, 
 
 Quebec, 23 rd September , 1865. 
 
 IS Excellency the Governor General in Council has 
 been pleased, under sub-section 4 of section 32 of the Act 
 2 i and 28 Victoria, chapter 9, intituled: “ The Gold Mining Act ” 
 asamended by section 2 of the Act 29 Victoria, chapter 9, inti¬ 
 tuled, The Gold Mining Amendment Act of 1865,” to include the 
 Seigniory of Rigaud-Vaudreuil in the “ Chaudtere Gold Mining 
 Division,” mentioned in the notice of this Department of 16th July 
 1864, for the purposes of the 28th and 29th sections of the said 
 Gold Mining Act, as well as for those referred to in the said notice 
 and under section 2 of the said Gold Mining Act, to add the 
 Town of Sherbrooke, including the townships of Orford and Ascot, 
 to the St. Francis Gold Mining Division mentioned in said notice! 
 
 ANDREW RUSSELL, 
 
 Assist. Com. of Crown Lands 4 
 
 MINERAL LANDS. 
 
 Department of Crown Lands, 
 Ottawa, 12th March , 1866. 
 
 E EGULATIONS for the sale of Mineral Lands approved by 
 Ilis Excellency the Governor General in Council. 
 
 INFERIOR METALS. 
 
 1. That each regular mining tract in unsurveyed territory shall 
 consist of blocks of two hundred or four hundred acres. 
 
 2. That the dimensions of each regular mining tract of four 
 hundred acres be forty chains in front by one hundred chains in 
 depth, and smaller tracts, except on lakes and rivers, in the same 
 proportion. The bearings of the outlines to be North and South, 
 and East and West, astronomically. 
 
 3. That mining tracts bordering upon lakes and rivers shall 
 have their frontage upon such waters, and shall be subject in all 
 
 D 
 
50 
 
 J 
 
 cases to the public rights in navigable or floatable waters; and 
 that mining tracts so situated, shall have a mean depth of one 
 hundred chains back from such river or lake, (exclusive of road 
 allowance of one chain in width, which shall be reserved along the 
 margin of such river or lake) in conformity with the above men¬ 
 tioned bearings. 
 
 4. That mining tracts in unsurveyed territory shall be surveyed 
 by a Provincial Land Surveyor, and connected with some known 
 point in previous surveys (so that the tract may be laid down on 
 the office maps of the territory), at the cost of the applicants, who 
 shall be required to furnish the surveyor’s plan, field, notes, and 
 descriptions thereof in accordance with the foregoing regulations, 
 and to the satisfaction of the department. 
 
 5. The price shall be one dollar per acre, payable into the De¬ 
 partment of Crown Lands at the time of making application. 
 
 G. That in surveyed townships, lots presenting indications of 
 minerals, be sold on the above conditions, but at not less than one 
 dollar per acre in any township, and at the same price as the other 
 lands in the township when it is more than one dollar per acre. 
 
 7. That mining lands in surveyed townships be sold by the 
 local agents for cash, but all lands in unsurveyed territory shall be 
 sold by the department. 
 
 8. The above regulations do not apply to mines of gold and 
 silver. 
 
 GOLD AND SILVER. 
 
 9. That in selling the lands in the gold mining divisions, the 
 department is to discriminate as far as practicable between pur¬ 
 chasers for actual settlement, bond fide , and those for mining or 
 speculative purposes : selling to the former for the present prices 
 and terms (subject to an increase to $2 an acre, under the order 
 of 8tli August, 1864, when actually worked for gold); and to the 
 latter, for one dollar an acre—cash. 
 
 10. That in Letters Patent for lands on the shores of Lakes 
 Superior and Huron, the clause reserving all mines of gold and 
 silver be omitted at the discretion of the Commissioner of Crown 
 Lands. 
 
cancelled . 1 PreVi ° US regulations inconsist ent with the above are 
 
 A. CAMPBELL, 
 Commissioner. 
 
 MINERAL LANDS. 
 
 Department of Crown Lands, 
 Ottawa, 13</t July , 1866. 
 
 ■REGULATIONS for the sale of Mineral Lands approved 
 -LV His Excellency the Governor General in Council. F 
 
 INFERIOR METALS. 
 
 J. J h pVf' re o“ Iar raining tract in unsurveyed territory shall 
 consist of blocks of two hundred or four hundred acres. 
 
 2. That the dimensions of each regular mining tract of four 
 hundred acres be forty chains in front by one hundred chains in 
 depth and smaller tracts, except on lakes and rivers, in the same 
 proportion. The bearings of the outlines to be North and South 
 and East and West, astronomically, in the unorganized territories 
 m Upper Canada and parallel to the outlines of the townships 
 
 3. That mining tracts bordering upon lakes and rivers shall 
 have their frontage upon such waters, and shall be subject in all 
 cases to the public rights in navigable or floatable waters; and 
 that mining tracts, so situated, shall have a mean depth of one 
 hundred chains back from such river or lake, (exclusive of road 
 allowance of one chain in width, which shall be reserved alon<«- the 
 margin of such river or lake) in conformity with the abovemen- 
 tioned bearings. 
 
 * 
 
 4. That mining tracts in unsurveyed territory shall be surveyed 
 by a Provincial Land Surveyor, and connected with some known 
 point in previous surveys (so that the tract may be laid down on 
 the office maps of the territory,) at the cost of the applicants, who 
 shall be required to furnish with their application the surveyor’s 
 plan, field, notes, and descriptions thereof in accordance with the 
 foregoing regulations, and to the satisfaction of the department 
 and pay the price of one dollar per acre, into the Department of 
 Crown Lands at the time of making application. 
 
52 
 
 
 
 
 
 U 
 
 5. That in surveyed townships, lots presenting indications of 
 minerals, be sold on the above conditions, but at not less than one 
 dollar per acre in any township, and at the same price as the other 
 lands in the township when it is more than one dollar per acre. 
 
 6 That mining lands in surveyed townships be sold by the 
 local agents for cash, but all lands in unsurveyed territory shall 
 be sold by the department. 
 
 7. The above regulations do not apply to mines of gold and 
 silver. 
 
 GOLD AND SILVER. 
 
 8. That in selling the lands in the gold mining divisions, the 
 department is to discriminate as far as practicable between pur¬ 
 chasers for actual settlement, bond fide , and those for mining or 
 speculative purposes: selling to the former for the present prices 
 and terms (subject to an increase to $2 an acre, under the order 
 of 8th August, 1864, when actually worked for gold) ; and to the 
 latter, for one dollar an acre—cash. 
 
 9. That in all Letters Patent for lands, the clause reserving all 
 mines of gold and silver be omitted. 
 
 10. All previous regulations inconsistent with the above are 
 
 cancelled. 
 
 A. CAMPBELL, 
 
 Commissioner. 
 
 
53 
 
 CAP LXIV. 
 
 An Act respecting Mining Companies. 
 
 H ER Majesty, by and with the advice and consent of the < 
 Legislative Council and Assembly of Canada, enacts as 
 follows: 
 
 1« The proprietors of any mine in Canada may construct a 
 gravel or macadamized road^or a tramway from their Mines to the 
 nearest navigable waters or railway or highway, and may take any 
 land required for right of way and stations at a fair valuation, 
 under the provisions of the eleventh section of the Railway Act, 
 in that behalf, headed “ Lands and their valuation,” which shall 
 apply to such proprietors, but the said gravel or macadamized 
 road or tramway shall not exceed twenty miles in length. 20 V. 
 c. 15, s. 1. 
 
 2, The proprietors of any such Mine holding lands in fee 
 simple having a frontage of one mile or upwards on any navigable 
 lake, river or stream, may 
 
 1. Construct harbours, wharves, piers, and other erections 
 thereon, at the bank of such lake, stream or river, for the accom¬ 
 modation of all kinds of steamers, vessels and craft: 
 
 2. Make rules and regulations for the government and manage¬ 
 ment of such wharves and harbours : 
 
 i 
 
 3. Impose and levy acording to a tariff to be by them adopted 
 for that purpose, and which may be from time to time altered and 
 amended, reasonable wharfage and harbour dues, and fines for the 
 infraction of such rules and regulations. 20 Y. c. 15, s. 2. 
 
 3. No such rules, regulations or tariff shall be of any force or 
 effect until sanctioned or approved of by the Governor, and no 
 fine thereby impused shall exceed twenty dollars for any one offence, 
 and such fines shall be recoverable in a summary way before any 
 two Justices of the Peace, as if imposed by Act of the Legislature. 
 
 20 Y. c. 15, s. 2. 
 
54 
 
 4 . Any Mining Company, or the proprietors of any Mine, may 
 improve and render navigable for the transport of freight to and 
 from the Mine, any water course or water courses, or may construct 
 a channel of communication between navigable water courses that 
 may be necessary for the full and proper development thereof for 
 the more advantageous working of the Mine and the conveyance 
 of freight to and from the same. 20 V. c. 15, s. 3. 
 
 *>. But every Mining Company or the proprietors shall be liable 
 to indemnify all or any person or persons who may suffer injury 
 to property or rights in consequence of their so doing, according to 
 the laws of that part of the Province in which the water courses 
 may be respectively. 20 Y. c. 15, s. 3. 
 
 6. Por the purposes aforesaid, the Mining Company, or proprie¬ 
 tors of any Mine, may enter into and upon the lands of Her 
 Majesty, or of any person or persons, body corporate or otherwise, 
 for the purposes and subject to the conditions aforesaid, and may 
 survey and take levels of the same or any part thereof, found 
 necessary and proper for the construction of tramways’ or for 
 making channels of water communication or improving the naviga¬ 
 tion of any water course or water courses, so as to facilitate the 
 working of such Mine or the conveyance of freight to and from 
 the same. 20 Y. c. 15. s. 4. 
 
 t } 
 
 7 * No beach, lot, or land covered with water or other public 
 property, shall be taken under this Act without the consent of the 
 Governor in Council, and then only upon such terms and condi¬ 
 tions as he thinks proper. 20 Y. c. 15, s. 5. 
 
 8. No Harbour or river improvement shall be made under this 
 Act, or any property taken therefor, until the proposed plan and 
 extent thereof, and of the works therewith connected, have been 
 submitted to and approved by the Governor in Council: but such 
 plan may afterwards be altered and extended with such consent 
 and approval. 20 Y. c. 15, s. 5. 
 
55 
 
 THE GREAT CANADIAN, AMERICAN, k EUROPEAN 
 
 OP 
 
 CHARLES LEGGE & CO., 
 
 48 GREAT ST. JAMES STREET, MONTREAL, 
 
 WITH BRANCH OFFICES IN 
 
 Washington, London, Paris, Brussels, Vienna, & St. Petersburg. 
 
 Charles Legge & Co. have much pleasure in drawing the attention of 
 Inventors to the unrivalled facilities they possess for obtaining Letters 
 patent in the Dominion of Canada, and in other countries, as well as to 
 the opportunity thus offered for securing Inventions in the most perfect 
 manner, and on the most favourable terms. 
 
 Inventors visiting Montreal should call at our offices, where they will 
 be most cordially received, and furnished with all the information they 
 may require ; or, if not convenient to visit Montreal, their business can 
 oe transacted equally well by correspondence. All communications 
 
 EITHER VERBAL OR BY LETTER, ARE, IN THE STRICTEST SENSE OP THE WORD* 
 CONFIDENTIAL. 1 
 
 A large proportion of the Patents granted in Canada are obtained 
 through our Agency, and nearly all the foreign ones. 
 
 ^ Designs and Trade Marks enregistered. All letters to be post-paid. 
 Send for a Pamphlet, giving full information. 
 
 ALEX. HENDERSON, 
 
 PSOTOSEAPISE, 
 
 10 PHILLIPS SQUARE, BEAVER HALL, 
 
 Landscape Work undertaken by agreement. 
 
 J 
 
 PORTRAITURE, 
 
 A large number of Canadian Landscapes always on view. 
 
56 
 
 HUGHES’ 
 
 Portable Self-Sustaining & Adjustable 
 
 COMBINED. 
 
 The Subscriber having lately obtained Letters Patent for 
 the said improved Fence, solicits applications; if by Mail, 
 Post-Paid, for the Sale of Rights to Counties or to Townships 
 throughout Canada. 
 
 Address, 
 
 CHARLES HUGHES, 
 
 Montreal. 
 
 No. 18 ST. JOHN STREET, 
 
 
 HatU, jltows. Hands, 
 
 STERLING AND NEW YORK EXCHANGE, 
 
 BOUGHT AND SOLD AT CURRENT RATES. 
 
 Investments made and Loans effected on Real Estate, and 
 Mortgages sold. 
 
 Special attention paid to the sale of Mining Properties and 
 Mineral locations.