REYNOLDS' HANDBOOK OF T H E MINING LAWS OF T H E UNITED STATES AND CANADA Arranged with reference to Alaska and the Northwest Territories Also including the laws of BRITISH COLUMBIA AND ONTARIO Forms and Glossary PARTS I AND II. BY JOSEPH WARD REYNOLDS O F T H E MINNESOTA BAR CHICAGO - - NEW YORK W. B. Conkey Company 1898 Entered according to Act of Congress, in the year 1898, By JOSEPH WARD REYNOLDS, In the office of the Librarian of Congress, at Washington. PREFACE. '"THE purpose of this book is to furnish, in the * smallest possible compass and at the lowest possible price, an authoritative exposition of the law relating to mines and mining in the United States and Canada, as it exists at this date. The scope of the work includes the whole mining law to date of the two countries, arranged particularly with reference to Alaska, the Northwest Territories, British Columbia, Ontario and the Rainy Lake Districts. The statutory enactments are not extensive in either country, but the great body of the mining law exists in the "regulations" of the Departments of the Interior, and the judicial decisions of the respective countries. This book contains all the statutes and governmental "regulations" on the subject, in both countries, together with reference to all the judicial and departmental decisions construing such statutes or regulations or settling important principles of mining law. Where there is conflict of authority upon any question the author has not hesitated to state what he regards as the correct principle. It includes all necessary "forms" for proceedings under the mining laws of both countries. A glossary of facts pertinent to Alaska and the Northwest Territories is also added, which may be of interest, if not benefit, to the reader. In short, 3 PREFACE. 4 it is endeavored to make this work a safe and reliable guide to the one interested, or expecting to be interested, in mines or mining in the United States or Canada and especially in Alaska, Northwest Territories, British Columbia and Ontario. Part I contains all general and local laws and governmental regulations respecting mining in force in Alaska. Part II contains all general and local laws and governmental regulations in force in the Northwest Territories, British Columbia and Ontario. JOS. W A R D R E Y N O L D S . MAY I, 1898. P A R T I. MINING LAWS OF THE UNITED STATES AND ALASKA. PART I. THE RELATIVE EFFECT OF LAWS, REGULATIONS AND RULES. Subject of Part I.—It will be observed that the primary purpose of Part I. of this book is to state the law respecting mines and mining now in force in Alaska. In fulfillment of that purpose, the arrangement of the text, upon each point discussed, is as follows: i. The provisions of the United States statutes. 2. The regulations of the Department of the Interior. 3. The law of the State of Oregon in force May 17, 1884, and the acts of Congress applicable to Alaska. 4. The author's exposition of the principles involved, and 5. The Judicial and Departmental Decisions on the point under consideration. The Text.—The general provisions of the United States statutes in reference to "Mineral Lands and Mining Resources," being Chapter Six of Title XXXII, are taken as the guide in the discussion of the law, and are considered with reference to each particular subject legislated upon. Consequently, where a section of the statutes refers to only one subject it is discussed as a whole, but where more than one subject is involved in a section, they are considered in their order and the text of the section divided accordingly. 7 MINERAL LANDS AND MINING RESOURCES. TREATMENT. Citations.—The citation of departmental regulations, the laws applicable to Alaska and the decisions of the judiciary or departments, is strictly confined in each instance to the precise subject under consideration. Conflict of Laws.—The provisions of the United States statutes must prevail, when brought in conflict with departmental regulations, local laws or miners' rules. Departmental regulations have, however, the same force and effect as the statutes in pursuance of which they are adopted, if they are within the authority granted. In determining the effect of the federal statutes on the subject of mineral lands it should always be kept in mind that, in many respects, they do not purport to be exclusive, but rather contemplate that they shall be supplemented by local legislation in the various States and Territories, or by miners' rules adopted in the mining districts. The United States statutes on this subject may properly be regarded as monuments fixing the bounds beyond which, in any State or Territory, regulations, legislation or rules shall not go, and within which such regulations and local laws and rules may be adopted as shall appear to be necessary or convenient, and as shall subserve the general purpose of the federal legislation. Properly speaking, Alaska has no local laws, because it has no legislature, but Congress, by adopting the laws of Oregon in force May 17, 1884, has made those laws, so far as applicable, exactly equivalent in importance to acts of Congress and must be so 8 A LAND ALASKA. DISTRICT. regarded and construed, when not in conflict therewith. Consequently, the "local laws" of Alaska are the acts of Congress of local application. A UNITED STATES LAND OFFICE ESTABLISHED FOR ALASKA. Alaska a Land District.—That the said District of Alaska is hereby created a land district, and a United States land office for said district is hereby located at Sitka. § 8, 23 S. L. 24, I Supp., 430. REGISTER AND RECEIVER AND SURVEYOR GENERAL. Appointment of Surveyor General—That there shall be appointed by the President, by and with the advice and consent of the Senate, a surveyorgeneral for the District of Alaska, embracing one surveying district. Salary.—That the surveyor-general of Alaska shall receive a salary at the rate of two thousand dollars per annum. Division of Territory Into Two Land Districts. —The President is authorized and empowered, in his discretion, to divide said Territory into two land districts and to designate the boundaries thereof. Additional Officers.—And he is also authorized and empowered to appoint, by and with the advice and consent of the Senate, a register of said additional land office and receiver of public moneys therefor, and in case of the creation of such ad9 ALASKA. A LAND DISTRICT. ditional land district the surveyor-general shall serve in both districts. § 8, Id., as amended. Laws of United States Relating to Mining Claims Extended to Alaska.—And the laws of the United States relating to mining claims, and the rights incident thereto, shall, from and after the passage of this act be in full force and effect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the President. § 8, Id. Possession of Indians Not Disturbed.—Provided, That the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress. § 8, Id. Existing Eights of Miners Recognized.—And provided further, That parties who have located mines or mineral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid. § 8, Id. General Land Laws Not in Force in Alaska.— But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States. § 8, Id. 10 COURTS. ALASKA. STATUS OF ALASKA COXJKT. Anomalous Court.—The United States District Court of Alaska is the " Supreme Court of the Territory " from which appeals lie to the United States Circuit Court of Appeals for the Ninth Circuit or to the United States Supreme Court, as the case may be. Coquitlam v. U. S., 16 S. C. R. 1117, 163 U. S. 346. Court of Appeals.—Cases in the Alaska courts "arising under the Patent laws, under the Revenue laws and under Criminal laws and in Admiralty cases," are reviewable only in the United States Circuit Court of Appeals for the Ninth Judicial Circuit, the determination of which court is final. §§ 6, 15, 26 S. L. 826, I Supp. 903-5. Supreme Court.—In all other cases, at law and in equity, the final judgments and decrees of the Supreme Court of the Territory, in cases where the nature of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party, or of other competent witnesses, exceeds five thousand dollars, may be reviewed in the United States Supreme Court, by writ of error, in cases of trial by jury, and by appeal in other cases. §§ 691-2, 702 R. S. U. S.; 18 S. L. 27, I Supp. 7; 23 S. L. 443, I Supp. 485. Supreme Court.—The last paragraph does "not apply to any case wherein is involved the validity of any copyright, or in which is drawn in question the validity of a treaty or statute of or an authority 11 LAWS. ALASKA. exercised under the United States, but in all such cases an appeal or writ of error may be brought without regard to the sum or value in dispute.'' 23 S. L. 443, I Supp. 485; § 6, 26 S. L. 826, I Supp. 901. FEDERAL LAWS PREVAIL. PROVISIONS OF UNITED STATES STATUTES. Laws of United States Relating to Mining Claims Extended to Alaska.—And the laws of the United States relating to mining claims, and the rights incident thereto, shall, from and after the passage of this act, be in full force and effect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the President. § 8, 23 S. L. 24,1 Supp. 430. Existing Rights of Miners Recognized.—And provided further, That parties who have located mines or mineral privileges therein tinder the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid. § 8, Id. General Land Laws Not in Force in Alaska.— But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States. § 8, Id. Laws of Oregon Supplementary to, Not Amend1? LAW8. ALASKA. atory of, Acts of Congress.—It is the purpose of the organic law of Alaska to continue the Federal legislation as paramount in the Territory, and not to treat the laws of Oregon, thereby adopted, as amendatory thereof, but, rather, as supplementary thereto. LAWS OF OREGON MADE APPLICABLE THERETO. Laws of Oregon Adopted.—" That the general laws of the State of Oregon now in force are hereby declared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States." 23 S. L. 24,1 Supp. 430. Organic Act.—The foregoing provision is part of the Organic act, " Providing a Civil Government for Alaska," adopted by Congress May 17, 1884. Laws of Oregon—How Construed.—It will be observed that the language of the section quoted is not retroactive and that the laws thus applied to Alaska were those in force at the date of the passage of the act, viz., May 17, 1884. Subsequent repeals or amendments of those laws, or the passing of new ones, by the legislature of Oregon do not affect the laws of Alaska, which are those which were in force in Oregon on the date mentioned. Oregon was given by the act mentioned no authority to legislate for Alaska in the future and what laws have been adopted in that state since May 17, 1884, are immaterial so far as their application to Alaska is concerned. V 3 MINERAL LANDS. OWNERSHIP. "Applicable" Defined.—In using the word "applicable" in the above quoted statute, Congress has furnished to the courts a veritable puzzle for their solution, as the question will be involved wherever a law of Oregon is invoked in actions arising in Alaska. The construction of the above statute thus far adopted seems to indicate that the words " m a y be applicable" as thus used mean rather "should be applied" than " m a y be applied," and that in determining what laws of Oregon are applicable, the courts should consider Alaska's anomalous condition, the absence of fee ownership in lands, and the policy of the general government, in retaining absolute control over it. 1 ASSERTION OF OWNERSHIP OF MINERAL LANDS BY T H E UNITED STATES GOVERNMENT. PROVISION OF U. S. STATUTES. Mineral Lands Reserved.—In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. § 2318, R. S. U. S. 1878. 2d Edition. Primary Source of Title.—Under the laws of 1 F o r the cases construing the act of May 17, 1884, see: U. S. v. Mosely, 8 P. 688; U. S. v. Savaloff, 2 Sawy. 311; U. S. v. Stephens, 12 F. 52; Kie v. U. S., 27 F. 351; U. S. v. Nelson, 29 F. 202; In re Can-ah-canqua, 29 F. 687; Nelson v. U. S., 30 F. 112; McAllister v. U. S., 11 S. C. R. 949,141 U. S. 174; E x p a r t e Cooper, 12 S. C. R. 453, 143 U. S. 472; E x p a r t e Kie, 46 F. 485; U. S. v. Clark, 46 F. 633; Miller v. Blackett, 47 F. 547; Ex p a r t e Emma, 48 F. 211; U. S. v. Warwick, 51 F. 280; Finn v. Hoyt, 52 F. 83; U. S. v. Hillyer, 58 F. 678; In re Moore, 66 F. 947; Decker v. Williams, 73 F. 308; U. S. v. Ash, 75 F. 651; Holden v. Williams, 75 F. 798; Carroll v. Price, 81 F. 137; Bennett v. H a r k r a d e r , 15 S. C. R. 863, 158 U. S. 441; Carroll v. Price, 81 F. 137; Meydenbauer v. Stevens, 78 F. 787; Callsen y. Hope, 75 F. 758; Haltern v. Emmons, 46 F. 452. 14 MINERAL LANDS. ACQUISITION, England, the King, by the royal prerogative, was entitled to all mines of gold and silver, whether found in crown lands or in the lands of a subject, and was, in fact, regarded as the original proprietor of all lands in the Kingdom, and the primary source of title. In the United States, Grant of Lands Includes Mineral.—The same principle has been adopted in this country, except that Congress has never asserted ownership in mines discovered in the lands of a subject where the Government has parted with the title without reservation. 2 Patent Conveys Mineral Rights Notwithstanding Statutory Reservation,—"The land department in this very case, as in cases of patents to preemptioners, homestead claimants, and other purchasers of the public lands, have acted, and, I think, correctly, upon the idea that patents to lands, not known to be mineral lands at the time the patent issued, carry the title to all mines subsequently discovered in the lands, notwithstanding the reservation from sale of mineral lands in the acts of Congress. , J Davis v. Wiebbold, n S. C. R. 628, 139 U. S. 507. INDIVIDUAL TITLE TO MINERAL MAY BE ACQUIRED. LANDS PROVISIONS OF U. S. STATUTES. Mineral Lands Open to Purchase by Citizens. —All valuable mineral deposits in lands belonging ^Wight v. Dubois, 21 F. 693; Steel v. St. Louis S. & R. Co., 106 U. S. 447,1 S. C. R. 389. 15 MINERAL LANDS. ACQUISITION. to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States. § 2319, Id. LAND OFFICE REGULATIONS. Different Kinds of Claims.—Mining claims are of two distinct classes: Lode claims and placers. circular, Dec. 15, 1897. § i, Meaning of Regulations.—It will be observed that the statute makes "regulations prescribed by law," of equal force with the statute itself. "Regulations prescribed by law" means the rules of procedure defined by statute or adopted by the executive branch of the Government, viz.—by the Secretary of the Interior, or by the Commissioner of the General Land Office, or by the Surveyor General, under the Secretary's direction. " T h e Secretary of the Interior is charged with the supervision of public business relating to the following subjects: * * * * The public lands, including mines." § 441, R. S. " T h e Commissioner of the General Land Office shall perform, under the direction of the Secretary 16 MINERAL LANDS. ACQUISITION. of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in any wise respecting such public lands; and, also, such as relate to private claims of land, and the issuing of patents for all (grants) of land under the authority of the Government.'' § 453, Id. Citizenship and Miners' Rules.—The subject of "citizenship" and of "the local customs or rules of miners in the several mining districts,'' mentioned in the foregoing statute, is elsewhere herein discussed. Mining Rights Are Property.—The rights secured by the location of mining claims pursuant to the provisions of statute and the land office regulations are property rights, and are recognized and protected as such by law. Such property may, without infringing the title of the United States, be sold, transferred, mortgaged and inherited, but, prior to patent, mining claims are not subject to the wife's dower. 3 Legal Status of Mining Claims.—"It has therefore been repeatedly held that mining claims are property, in the fullest sense of the word, and may be sold, transferred, mortgaged and inherited with3 Forbes v. Grace}', 94 U. S. 762; Black v. Elkhorn M. Co., 16 S. C. R. 1101, 163 U..S. 445; H a r k r a d e r v. Carroll, 76 F. 474; Carson C G. & S. M. Co. v. Norton S. M. Co., 73 F. 597; Doe v. Waterloo M. Co., 54 F. 935, 70 F. 455; Hamilton v. Southern N. G. & S. M. Co., 33 F. 562; W a k e m a n v. Norton, 49 P. 283, Col.; Patchin v. Keeley, 19 Nev. 404, 14 P. 347; Crossman v. Pendery, 8 F. 693; Union C. M. Co. v. Taylor, 100 U. S 42; Hopkins v. Noyes, 4 Mont. 550. 2 P. 280; Milton v. Lombard, 51 Col. 258; Harris v. Equator M. & S. Co., 8 F. 863. 2 17 MINERAL LANDS. ACQUISITION. out infringing the title of the United States, and that when a location is perfected it has the effect of a grant by the United States of the right of present and exclusive possession." Manuel v. Wulff, 14 S. C. R. 651, 152 U. vS. 505. Locator's Interest.—"The interest in a mining claim, prior to the payment of any money for the granting of a patent for the land, is nothing more than a right to the exclusive possession of the land based upon conditions subsequent, a failure to fulfill which forfeits the locator's interest in the claim. We do not think that under the federal statute the locator takes such an estate in the claim that dower attaches to it.'' Black v. Elkhorn M. Co., 16 S. C. R. 1101, 163 U. S. 445. Limitation of Placer Claims.—No such location (placer) shall include more than twenty acres for each individual claimant. § 2331, R. S. LAW OF ALASKA. Limitation of Lode Claims.—And the discoverer of any new lead or vein not previously located upon shall be allowed one additional claim for the discovery thereof. Nothing in this section shall be so construed as to allow any person not the discoverer to locate more than one claim upon any one lead or vein. Laws of Oregon, Oct. 24, 1864, § 3829 H. A. L. O. 1887. Restrictions Upon Right of Acquisition.—By the foregoing provision of the laws of Oregon each locator on a vein or lode is restricted to one location, except the discoverer, who may have two, which, it 18 LODE CLAIMS. LENGTH. will be observed, is in accordance with the policy of the federal legislation in reference to placer locations ; but any person, otherwise qualified, is entitled to the benefit of the law, regardless of age or sex. LENGTH OF LODE CLAIMS FIXED BY LAW. PROVISION OF U. S. STATUTES. Length of Mining Claims Upon Veins or Lodes. —Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode, § 2320, Id. LAND OFFICE REGULATIONS. Prior Rights Not Affected.—The status of lode claims located or patented previous to the ioth day of May, 1872, is not changed with regard to their extent along the lode or width of surface; but the claim is enlarged by Sections 2322 and 2328, by investing the locator, his heirs or assigns, with the right to follow, upon the conditions stated therein, all veins, lodes, or ledges, the top or apex of which lies inside of the surface lines of his claim. § 2, circular, Dec. 15, 1897. Rights of Prior Adverse Claimants Not Impaired.—It is to be distinctly understood, however, x 9 LODE CLAIMS. LENGTH. that the law limits the possessory right to veins, lodes or ledges, other than the one named in the original location, to such as were not adversely claimed on May 10, 1872, and that where such other vein or ledge was so adversely claimed at that date the right of the party so adversely claiming is in no way impaired by the provisions of the Revised Statutes. § 3, Id. Provision Defined.—From and after the 10th May, 1872, any person who is a citizen of the United States, or who has declared his intention to become a citizen, may locate, record and hold a mining claim of fifteen hundred linear feet along the course of any mineral vein or lode subject to location; or an association of persons, severally qualified as above, may make joint location of such claim of -fifteen hundred feet, but in no event can a location of a vein or lode made subsequent to May 10, 1872, exceed fifteen hundred feet along the course thereof, whatever may be the number of persons composing the association. § 4, Id, LAW OF ALASKA. Length 1,500 Feet.—"Any person or company of persons establishing a claim on any quartz lead containing gold, silver, copper, tin, or lead, or a claim or a vein of cinnabar, for the purpose of mining the same, shall be allowed to have, hold, and possess the lead or vein, with all its dips, spurs and angles, for the distance of fifteen hundred feet in length and three hundred feet in width on each side of such lead or vein." Laws of Oregon, Oct. 25, 1880, § 3827, H. A. L. O. 1887. Not a Subject for Miners' Rules.—So far as Alaska is concerned the length of a lode claim is thus 20 LODE CLAIMS. DISCOVERY. fixed by law at 1,500 feet, and it cannot be changed by "Miners' R u l e s / ' 4 Length May Be 1,500 Feet Regardless of Local Laws or Rules.—"If discovered from the surface, the discoverer might, under Rev. St., § 2320, claim 'one thousand five hundred feet in length along the vein or lode.' " " I t (the local law as to length) was superseded by the legislation of Congress, as found in the Revised Statutes." Enterprise M. Co. v. RicoAspen M. Co., 17 S. C. R. 762, 167 U. S. 108. DISCOYERY THE INITIAL ACT IN THE ACQUISITION OF MINING RIGHTS. PROVISION OF U. S. STATUTES. No location until discovery. * * * * No location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. § 2320, Id. LAND OFFICE REGULATIONS. No Location Before Discovery,—No lode claim shall be located until after the discovery of a vein or lode within the limits of the claim, the object of which provision is evidently to prevent the appropriation of presumed mineral ground for speculative purposes to the exclusion of bona fide prospectors, before sufficient work has been done to determine whether a vein or lode really exists. § 10, circular, Dec. 15, 1897. Confirming Discovery.—The claimant should, therefore, prior to locating his claim, unless the vein can be traced upon the surface, sink a shaft, or * Meydenbauer v. Stevens, 78 F. 787 21 LODE CLAIMS. DISCOVERY, run a tunnel or drift, to a sufficient depth therein to discover and develop a mineral-bearing vein, lode or crevice; should determine, if possible, the general course of such vein in either direction from the point of discovery, by which direction he will be governed in marking the boundaries of his claim on the surface. § n , Id. LAW OF ALASKA. Discovery Protected Thirty Days.—To establish a valid claim, the discoverer or person wishing to establish a claim shall post a notice on the lead or vein, with the name or names attached, which shall protect the claim or claims for thirty days, and before the expiration of said thirty days he or they shall cause the claim or claims to be recorded as hereinafter provided, and describing as near as may be the claim or claims and their location, but continuous working of said claim or claims shall obviate the necessity of such record. Laws of Oregon, Oct. 24, 1864, § 3828 H. A. L. O. 1887. Preference to Discoverer.—And the discoverer of any new lead or vein not previously located upon shall be allowed one additional claim for the discovery thereof; nothing in this section shall be so construed as to allow any person not the discoverer to locate more than one claim upon any one lead or vein. Laws of Oregon, Oct. 24, 1864. Advantage to Discoverer.—By the foregoing " L a w of Alaska" the discoverer of a lode may locate two claims thereon, while others are restricted to one. Discovery and the Discoverer's Rights.—The important questions under the foregoing provision of the U. S. statutes are, what constitutes discovery}s and what are the rights of the discoverer?* 22 LODE CLAIMS. DISCOVERY, For all practical purposes the following stated principles will be found to be sufficient answers thereto: "Discovery," as applied to lode claims, means the disclosing or detecting of mineral bearing rock in place; and the discoverer, who is on the ground prosecuting with reasonable diligence the necessary explorations to ascertain definitely the position and strike of the lode, by posting on the vein notice of his discovery and intention, is protected in his right to make his proper location for a reasonable time, which is fixed, as to Alaska, at the period of thirty days. Miners' Rules.—Where these questions are involved the Miners' Rules of the different localities, if subsisting and generally recognized, may also be of importance in their solution. No Priority of Right Until Discovery.—Of course, until the discovery of the vein or lode the rights of all prospectors are equal, and the mere finding of favorable indications, is not a "discovery," within the meaning of the statute. Discovery the Inception of Rights.—The loca5 O'Reilly v. Campbell, 6 S. C. R. 421, 116 U. S. 48; Meydenbauer v. Stevens, 78 F. 787; Migeon v. Montana C. Ry. Co., 77 F. 249; Book v. Justice M. Co., 58 F. 106; Waterloo M. Co. v. Doe. 56 F. 685; Cheesman v. Shreeve, 40 F. 787; H y m a n v. Wheeler, 29 F. 347; E r h a r d t v. Boaro, 8 F. 692; Crossman v. Pendery, 8 F. 693; Zollars v. Evans, 5 F. 172; North N. M. Co. v. Orient M. Co., 1 F.522; McShane v. Kenkle, 44 P. 979, Mont.; Walsh v. Mueller, 40 P. 292, Mont.; Davidson v. Bordeaux, 40 P. 1075, Mont.; Watson v. Mayberry, 49 P. 479, Col.; Riste v. Morton, 49 P. 656, Mont.; Dobbs Placer, 1 L. D. 565; Kahn v. Old T. M. Co., 2 U. 174: Mt. Daiblo M. &' M. Co. v. Callison, 5 Sawy. 439; Book v. Justice, 58 F 106; Sullivan v. Iron S. M. Co., 143 U. S. 431; Stevens v. Williams, 1 McCrary 480; Harrington v. Chambers, 3 U. 94, 1 P. 362. 6Guillim v. Donnellan, 5.S. C. R. 1110, 115 U. S. 45; Richmond M. Co v. Rose, 5 S. C. R. 1055, 114 U. S. 576; Doe v Waterloo M. Co., 54 F. 935, 55 F. 11< 70 F. 455; Jupiter M. Co. v. Bodie C. M. Co., 11 F. 666; Patterson w.Tarbell, 37 P. 76 Or; Wight v. Tabor, 2 L. D. 738; North Noonday M. 06. v. Orient M. Co., 6 Sawy. 299; Jupiter M. Co. v. Bodie C. M. Co., 7 Sawy. 96. 23 LODE DISCOVERY. CLAIMS. tion, when completed, relates back to the time of the discovery, and the title when acquired is regarded in law as having its inception at the same date. Notwithstanding the provision of statute, if the location is made prior to discovery, the entry will be valid, if other rights have not intervened. Notice of Discovery.—As soon as the prospector has discovered the lode or vein, as a precautionary means, though perhaps not required by law, he should at once post conspicuously thereon a notice or warning, duly signed and dated, indicating his intention to claim the same. Form I, appendix. Lode.—" 'The Miners,' to use his (a witness') language, 'made the definition first.' As used by miners, before being defined by any authority, the term 'lode' simply meant that formation by which the miner could be led or guided. It is an alteration of the verb 'lead,' and whatever the miner could follow, expecting to find ore, was his lode. Some formation within which he could find ore, and out of which he could not expect to find ore, was his lode. The term 'lode star,' 'guiding star' or 'north sta!r,' he adds, is of the same origin. * * * A fissure in the earth's crust, an opening in its rocks and strata made by some force of nature, in which the mineral is deposited, would seem to be essential to the definition of a lode, in the judgment of geologists. But to the practical miner, the fissure and its walls are only of importance as indicating the boundaries within which he may look for and reasonably expect to find the ore he seeks.'' Eureka M. Co. v. Richmond M. Co., 4 Sawyr. 302. 24 LODE CLAIMS. DISCOVERY, Indications.—" Under the requirements above quoted a valid location of a mining claim may be made whenever the prospector has discovered such indications of mineral that he is willing to spend his time and money in following, in expectation of finding ore, and that a valid location may be made of a ledge deep in the ground, and appearing at the surface not in the shape of ore, but in vein matter only." Harrington v. Chambers, i Pac. 375. Value.—"Nor is it necessary that the ore shall be of economical value for treatment. It is enough if it is something ascertainable, something beyond a mere trace, which can be positively and certainly verified as existing in the ore," Stevens v. Gill, 1 Morr. M. R. 576. Extent.—"A vein or lode authorized to be located is a seam or fissure in the earth's crust filled with quartz, or with some other kind of rock, in place, carrying gold, silver or other valuable mineral deposits named in the statute. It is not enough to discover detached pieces of quartz or mere bunches of quartz not in place. ' 'The vein, however, may be very thin, and it may be many feet thick or thin in places—almost or quite pinched out, in miners' phrase—and in other places widening out into extensive bodies of ore. So, also, in places it may be quite or nearly barren, and at other places immensely rich. It is only necessary to discover a genuine mineral vein or lode, whether small or large, rich or poor, at the point of discovery within the lines of the claim located, to entitle 25 LODE DISCOVERY. CLAIMS. the miner to make a valid location, including the vein or lode. It may, and often does, require much time and labor and great expense to develop a vein or lode, after discovery and location, sufficiently to determine whether there is a really valuable mine or not, and a location would be necessary before incurring such expense in developing the vein to secure to the miner the fruits of his labor and expense in case a rich mine should be developed." Jupiter M. Co. v. Bodie M. Co., n Fed. 666. Continuity.—" Certainly the lode or vein must be continuous in the sense that it can be traced through the surrounding rocks, though slight interruptions of the mineral-bearing rock would not be alone sufficient to destroy the identity of the vein. Nor would a short partial closure of the fissure have that effect if a little further on it recurred again with mineralbearing rock within it. And such is the idea conveyed in the previous part of the charge. 'On the other hand,' said the judge, 'with well-defined boundaries, very slight evidence of ore within such boundaries will prove the existence of a lode. Such boundaries constitute a fissure, and if in such fissure ore is found, although at considerable intervals and in small quantities, it is called a lode or vein.' '' Iron Silver M. Co. v. Cheesman, 116 U. S. 538. Demarkation.— limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. § 2320, Id. LAND OFFICE REGULATIONS. Extent of Surface.—"With regard to the extent of surface ground adjoining a vein or lode, and claimed for the convenient working thereof, the Revised vStatutes provide that the lateral extent of locations of veins or lodes made after May 10, 1872, shall in no case exceed 300 feet on each side of the middle of the vein at the surface, and that no such surface rights shall be limited by any mining regulations to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the 10th of May, 1872, may render such limitation necessary; the end lines 28 LODE CLAIMS. WIDTB. of such claims to be in all cases parallel to each other. Lateral Limit 300 Feet.—Said lateral measurements cannot extend beyond 300 feet on either side of the middle of the vein at the surface, or such distance as is allowed by local laws. For example: Four hundred feet cannot be taken on one side and 200 feet on the other. If, however, 300 feet on each side are allowed, and by reason of prior claims but 100 feet can be taken on one side, the locator will not be restricted to less than 300 feet on the other side Middle of Vein—How Determined.—And when the locator does not determine by exploration where the middle of the vein at the surface is, his discovery shaft must be assumed to mark such point. § 5, circular, Dec 15, 1897. Effect of Statute—Parallelogram.—By the foregoing it will be perceived that no lode claim located after the 10th of May, 1872, can exceed a parallelogram 1,500 feet in length by 600 feet in width, but whether surface ground of that width can be taken depends upon the local regulations or State or Territorial laws in force in the several mining districts; and that no such local regulations or State or Territorial laws shall limit a vein or lode claim to less than 1,500 feet along the course thereof, whether the location is made by one or more persons, nor can surface rights be limited to less than fifty feet in width unless adverse claims existing on the 10th day of May, 1872, render such lateral limitation necessary. § 6, Id, LAW OF ALASKA. Width 600 feet,—"Any person or company of persons establishing a claim on any quartz lead con2Q LODE CLAIMS. END LINES. taining gold, silver, copper, tin, or lead, or a claim or a vein of cinnabar, for the purpose of mining the same, shall be allowed to have, hold and possess the land of vein, with all its dips, spurs and angles, for the distance of fifteen hundred feet in length and three hundred feet in width on each side of such lead or vein." Laws of Oregon, Oct. 25, 1880. Not Subject to Regulation by Miners' Rules.—It will be seen, from the foregoing provision of the laws of Oregon, that the " w i d t h " of lode claims is not a subject for miners' regulations in Alaska, it being fixed at 300 feet on each side of the middle of the vein. Attention is also directed to the construction placed on the above provision of the U. S. statutes by the U. S. Land Office. It is, in effect, that the width of a claim on either side of the middle cannot exceed 300 feet, no matter what may be the width on the other side. 7 Middle of Vein to Be Designated.—It will be presumed that the discovery shaft marks the middle of the vein, unless it has been sufficiently developed to show where it is in fact, and that point designated in the location notice. END LINES SHALL BE PARALLEL. PROVISION OF U. S. STATUTES. End Lines.—The end lines of each claim shall be parallel to each other. § 2320, Id. There is no technical rule rendering locations void 7 Laidn v. Roberts, 53 F. 333, 54 F 461; Jupiter M. Co. v. Bodie C. M. Co., 11 F. 666; North N. M. Co. v. Orient M. Co., 1 F. 522 30 LODE CLAIMS. END LINES. because the end lines are not parallel. There maybe cases when it will be found impracticable to observe the rule. The serious consequence of the failure to observe the rule is the deprivation or jeopardizing of the locator's extra-lateral rights. 8 End Lines May Become Side Lines.—" When a claim is located across, instead of along, the lode, its side lines must be treated as its end lines, and its end lines as its side lines." King v. Amy C. M. Co., 152 U. S. 222. Parallelism Essential to Extra-Lateral Rights.— ' 'Under the act of 1866, parallelism in the end lines of a surface location was not required, but where a location has been made since the act of 1872, such parallelism is essential to the existmce of any right in the locator or patentee to follow his vein outside of the vertical planes drawn through the side lines. His lateral right by the statute is confined to such portion of the vein as lies between such planes drawn through the end lines, and extended in their own direction; that is, between paralleled vertical planes. It can embrace no other portion.'' Iron S. M. Co. v. Elgin Co., 118 U. S. 196. Modification of Foregoing Doctrine.—"That the end lines are not parallel cannot be the basis of an objection, because their convergence, when extended in the direction of the dip of the vein, would give defendant less, instead of more, than the law 8 W a l r a t h v. Champion M. Co., 63 P. 552, 72 F. 978; Doe v. Waterloo M. Co., 54 F. 935; Chessman v. H a r t , 42 F. 98; Montana Co. v. Clark, 42 F. 626. 31 LODE CLAIMS. EXTRA LATERAL RIGHTS. provides for." Carson C. G. & S. M. Co. v. North S. M. Co., 73 Fed. 597. Location Contemplated Is in Form a Parallelogram.—-"A claim located in conformity with the provisions of this section would take the form of a parallelogram, if the course or strike of the vein or lode should run in a straight line; but such veins and lodes are often found, upon explorations, to run in a course deviating at different points from such line, and from this circumstance much difficulty often arises in determining the lateral rights of the locators." King v. Amy & S. C. M. Co., 14 S. C. R . 510, 152 U . S. 222. EXTRA-LATERAL RIGHTS SECURED LOCATIONS ON LODES. PROVISION OF U. S. STATUTES. BY Locators' Rights of Possession and Enjoyment. —The locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their 32 EXTRA LATERAL LODE CLAIMS. RIGHTS. entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes or ledges may so * far depart from a perpendicular in their course downward as to extend out-side the vertical side lines of such surface locations. Limits of Possession of Outside Veins.—But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. § 2322, Id. LAND OFFICE REGULATIONS. Locations Confined to Public Domain.—The rights granted to locators tinder Section 2322, Revised Statutes, are restricted to such locations on veins, lodes or ledges as m a y b e "situated on the public domain." In applications for lode claims where the survey conflicts with the survey or location lines of a prior valid lode claim and the ground within the conflicting surveys is excluded, the applicant not only has no right to the excluded ground, but he has no right to that portion of any vein or lode the top or apex of which lies within such excluded ground, unless his location was prior to May 10, 1872. His right to the lode claimed terminates where the lode, in its onward course or strike, intersects the exterior boundary of such excluded ground and passes within it. The end line of his survey should not, therefore, be established beyond such intersection. § 7, circular, Dec. 15, 1897. 3 33 LODE EXTRA CLAIMS. LATERAL RIGHTS. Lines of Conflicting Surveys—How Established. —Where, however, the lode claim for which survey is being made was located prior to the conflicting claim, and such conflict is to be excluded, in order to include all ground not so excluded the end line" of the survey may be established within the conflicting lode claim, but the line must be so run as not to extend any farther into such conflicting claim than may be necessary to make such end line parallel to the other end line and at the same time embrace the ground so held and claimed. The useless practice in such cases of extending both the side lines of a survey into the conflicting claim, and establishing an end line wholly within it, beyond a point necessary under the rule just stated, will be discontinued. § 8, Id. The portion of the federal statutes above quoted involves, principally, the question of the extralateral rights of locators on veins or lodes. The manner of making the location is considered under another paragraph. The principle here discussed seems to be in process of evolution, and while in conflict with some of the decisions, the true interpretation of the statute would appear to lead to these conclusions: 9 1. TheU. S. statute contemplates locations in the form of right angled parallelograms, lengthwise of the veins or lodes, and upon their apexes. 1 ° 9 Iron S. M. Co. v. Elgin M. S. Co., 6 S. C. R. 1177: Iron S. M. Co. v. Chessman, 6 S. C. R. 481, 116 U. S. 529; Flagstaffs S. M. Co. v. Tarbet, 98 U. S. 463; Catron v. Old, 48 P. 687, Col.; Contra Fitzgerald v. Clark, 42 P. 273, Mont.; Walrath v. Champion M. Co., 63 F. 552, 72 F. 978; Doe v. Waterloo M. Co., 54 F. 935, 70 F. 455; Book v. Justice M. Co., 58 F. 106; Amadon M. G. M. Co. v. South S. H. G. M. Co., 36 F. 668; Hymar. v. Wheeler, 29 L. D. 347. io Meydenbauer v". Stevens, 78 F. 787; Book v. Justice M. C o . , 5 8 F . 106; Bi-Metallic M. Co., 15 L. D. 309. 34 LODE CLAIMS. EXTRA LATERAL RIGHTS. 2. Prima facie, the locator is entitled to only the mineral lying within the planes of the boundary lines of his claim,, extended vertically to the earth's center. 11 3. The burden of proof is on the locator to show that his location is on the apex of the vein or lode which he seeks to follow on its dip outside of his side lines. * 2 4. A location made upon the dip of a vein carries with it no extra-lateral rights, though it is probably valid against a subsequent location on the apex of the same vein; and, being valid, terminates such subsequent locator's extra-lateral rights to whatever extent it conflicts therewith. 1 3 5. Locations upon blanket veins or mere deposits, though consisting of rock in place, have no extralateral rights. 1 4 6. Where veins unite below the surface, and locations have been made on the apexes of both veins, to the prior location belongs the right to follow the merged veins beyond the place of. union. 1 5 7. If the location is so made that the vein or lode intersects one end line and one side line, the location is voidable, until patented, beyond the point ii Book v. Justice M. Co., 58 F. 106; Meydenbauer v. Stevens, 78 P. 787; Cheesman v. Shreeve, 37 F. 36; Driscoll v. Dun woody, 16 P. 726, Mont. 12 Meydenbauer v. Stevens, 78 F. 787; Book v. Justice M. Co., 58 F. 106; Walrath v. Champion M. Co., 63 F. 552, 72 F. 978. 13 Meydenbauer v. Stevens, 78 F. 787; Book v. Justice M. Co., 58 F. 106; Bi-Metallic M. Co., 15 L. D. 309; Iron S. M. Co. v. Murphy, 368; Colorado S. C M. Co. v. Turck, 50 F. 888, 54 F. 262; Androaeda Lode, 13 L. D. 146; Eilers v. Boatman, 3 U. 59, 2 P. 66. u Tabor v. Dexter, 9 Mor. M. R. 614. 15 Walrath v. Champion M. Co., 63 F. 552,72 F. 978; Little Josephine M. Co. v. Fullerton, 58 F. 521; King v. Thomas, 12 P. 865, Mont.; Dorner v. Richards, 151 U. S. 658. 35 LODE EXTRA CLAIMS. LATERAL RIGHTS. of intersection on the side line, at which point a new end line is thereby established parallel to the other end line, but the locator's right to follow the dip of his lode beyond the side lines as thus limited is unimpaired. 16 8. If the location is made crosswise of the vein or lode, so that the same intersects both side lines, new end lines are thereby established drawn through said respective points of intersection at right angles to the side lines, the location is voidable, until patented, outside of said new end lines; if the distance between said new end lines is less than the width of the claim as located, they are to be regarded in law as new side lines, and the locator may follow the dip of his lode laterally beyond said new side lines; but if the distance between said new end lines is greater than the width of the claim as located, the lines do not become shifted by the fact that the vein or lode intersects both original side lines, but the right of the locator to follow the dip of his lode laterally beyond the original side lines as thus limited by the new end lines, remains, to that extent, unimpaired. 1 7 Space forbids discussion of the conclusions above stated further than to say that it is believed that such a construction of the statute is logical, just and correct. 16 Waterloo M. Co. v. Doe, 82 P. 45; Republican M. Co. v. Tyler M. Co., 79 F. 733; Mining Co. v. Sweeney, 54 F. 284; Last Chance M. Co. v. Tyler M. Co., 61 F. 557, 157 U. S. 683,15 S. C. R. 733, 71 F. 848; Consolidated W. G. M. Co. v. Champion M. Co, 63 F. 540; Del Monte M. & M. Co. v. New York L. C. M. Co., 66 F. 212; Carson C. G. S. M. Co. v. North Star M. Co., 73 F. 597; W a l r a t h v. Champion M- Co., 63 F. 552, 72 F. 978; Col. C. C. M. Co. v. T u r e k , 50 F. 888; Catron v. Old, 48 P. 687, Col. contra. 17 Argentine M. Co. v. Terrible M. Co., 7 S. C. R. 1356,122 U. S. 478; New D u n d e r b e r g M. Co. v. Old, 79 F. 598; Tyler M. Co. v. Sweeney, 79 F. 277; Tyler M. Co. v. Last C. M. Co., 71 F. 848. 36 LODE CLAIMS, EXTRA LATERAL RIG FITS. Conflict of Opinion.—The last, and perhaps also the seventh, proposition is undoubtedly in direct conflict with the decision referred to below in King v. A m y & S. C. M. Co., 14 S. C. R. 510, 152 U. S. 222; and, indeed, it would seem that Justice Field, of the U. S. Supreme Court, the most eminent of all authorities on questions of mining law, was committed to the doctrine, that a locator had no extra-lateral rights unless his vein or lode intersected both end lines of the claim as located on the ground; but granted that such may be the expressed position of that great jurist, the fact remains that his opinion can be regarded as scarcely more than personal, as is indicated by the case of Last Chance M. Co. v. Tyler quoted below, and that the U. S. Supreme Court considers the correct construction of the statute an unsettled question. The Safe Course.—Safety demands, however, that the locator should adopt the construction of the statute which requires the location to be marked on the ground in the form of a parallelogram so that both end lines will cross the vein. A location in any other form may result in depriving the locator of valuable extralateral rights. Correct Construction in Doubt.—" According to the orginal location of the Tyler claim the vein enters through an end and passes out through a side line, while by the amended location it passes in and out through end lines. Of course, if the latter is a valid location, the owner of the claim would unquestionably have the right to follow the vein on 37 EXTRA LATERAL LODE CLAIMS. RIGHTS. its dip beyond the vertical plane of the side line. But if it were not, and the original location was the only valid one, has the owner the right to follow the vein outside any boundaries of the claim extended downward? It has been held by this court in the cases heretofore cited that where the course of a vein is across, instead of lengthwise of the location, the side lines become the end lines, and the end the side lines; but there has been no decision as to what extra territorial rights exist if a vein enters at an end and passes out at a side line. Is that a case for which no provision has been made by statute? Are the parties left to the old rule of the common law—that the owner of real estate owns all above and below the surface, and no more? Or may the court rely upon some equitable doctrine, and give to the owner of the vein the right to pursue it on its dip, in whatever direction that may go, within the limits of some equitably created end lines? If the common law rule as to real estate obtains in such a case, then, of course, on the original location the owners of the Tyler claim would have no right to follow the dip of their vein outside the vertical planes of any of its boundary lines, and even if the amended application was perfectly valid the question would arise whether the rights acquired under it related back to the date of the original location, or arose simply at the time of the amendment, in which case there would be no doubt of the fact that the owners of the Last Chance had by 38 LODE CLAIMS. EXTRA LATERAL RIGHTS. years a prior location. However/in the view we have taken of the other question, it is unnecessary to consider t h i s / ' Last Chance M. Co. v. Tyler M. Co., 15 S. C. R. 733; i57 U. S. 683- Apex May Be Line of Great Length.—"The apex of a vein is not necessarily a point, but often a line of great length, and any portion of the apex on the course or strike of the vein found within the limits of a claim is a sufficient discovery to entitle the locator to obtain title." Larkin v. Upton, 12 S. C. R. 614, 144 U. S. 19. Where the Vein Intersects Both Side Lines They Are Legally Transmuted to End Lines, Regardless of Their Length [669 feet] After Transmutation, as Compared With the Original Width Of the Claim [491 feet].—"In the Amy claim, the lines marked as side lines cross the course of the strike of the vein, and do not run parallel with it. They therefore constitute end lines. * * * Applying this doctrine to the case before us, it follows that the vein in controversy, the apex of which was within the surface lines of the Amy claim, did not carry the owner's right beyond the vertical plane drawn down through the north side line of that claim. The Amy claim had no lateral-right by virtue of the extension of the vein through what was called the 'north side' of its claim, as that side line so-called was, in fact, one of its end lines.'' King v. Amy & S. C. M. Co., 14 S. C. R. 510, 152 U. S. 222. 39 LODE CLAIMS. S UBFA CE RIGHTS. LOCATOR ENTITLED TO UNDISTURBED POSSESSION OF SURFACE OF HIS CLAIM. PROVISION OF U. S. STATUTES. Not Authorized to Enter Upon Surface of Another's Claim.—And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. § 2322, Id. Effect of Compliance with the Law,—It is also provided in the same section of the statutes*as that from which the above extract is taken, that locators "shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations," so long as they comply with the laws. x 8 The result of the foregoing provisions may be summed up as follows: i. The locator of a valid mining claim enjoys the same protection in his possession thereof as any owner of real estate. 2. No one may enter thereon adversely while the claimant is complying with the law, and such an intruder can acquire no rights therein even by excluding the rightful claimant therefrom until he is in default. 3. Even for public purposes, or under the power of eminent domain, the claimant's use or possession 18 Meydenbauer v. Stevens, 78 P. 787. 40 LODE CLAIMS. INTERSECTIONS. cannot be interfered with, except by due compensation for the injury. PRIORITY OF LOCATION CONTROLS OWNERSHIP OF LODE INTERSECTIONS. PROVISION OF U. S. STATUTES. Where Veins Intersect, Etc.—Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right of way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection, § 2336, Id. Intersection of Veins, Not of Claims.—By reason of the preceding provision of law guaranteeing to trie owners of valid mining claims " t h e exclusive right of possession and enjoyment of all the surface included within the lines of their location and of all veins, lodes and ledges throughout their entire depth the top or apex of which lies inside of such surface lines,'' it has been contended that in case of the intersection of veins the prior location took all of the intersecting vein lying within its boundary lines. The plain words of the statute are the sufficient refutation of that argument, for it expressly limits the right of the prior location to "all ore or 4i LODE CLAIMS. TUNNELS. mineral contained within the space of "intersection" of ''two or more veins,'' not of two or more claims. x 9 Where veins merge into one, the united vein belongs to the first location. MINING TUNNELS, MANNER OP LOCATION AND RIGHTS SECURED THEREBY. PROVISION OF U. S. STATUTES. Owners of Tunnels, Rights of.—Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid. § 2323, Id. LAND OFFICE REGULATIONS. Effect of Statute Defined.—The effect of this is simply to give the proprietors of a mining tunnel run in good faith the possessory right to 1,500 feet of any blind lodes cut, discovered or intersected by such tunnel, which were previously not known to exist, within 3,000 feet from the face or point of commencement of such tunnel, and to prohibit other 19 Book v. Justice M. Co., 58 F. 106; Little Josephine M. Co. v. Fullerton, 58 F. 521; Chessman v. H a r t , 42 F. 98. -12 LODE CLAIMS. TUNNELS. parties, after the commencement of the tunnel, from prospecting for and making locations of lodes on the line thereof and within said distance of 3,000 feet, unless such lodes appear upon the surface or were previously known to exist. § 19, circular, Dec. 15, 1897. "Face" Means Point of Entrance.—The term ''face," as used in said section, is construed and held to mean the first working face formed in the tunnel, and to signify the point at which the tunnel actually enters cover; it being from this point that the 3,000 feet are to be counted upon which prospecting is prohibited as aforesaid. § 20, Id. Proprietors Must Give Notice of Location.—To avail themselves of the benefits of this provision of law, the proprietors of a mining tunnel will be required, at the time they enter cover as aforesaid, to give proper notice of their tunnel location by erecting a substantial post, board or monument at the face or point of commencement thereof, upon which should be posted a good and sufficient notice, giving the names of the parties or company claiming the tunnel right; the actual or proposed course or direction of the tunnel; the height and width thereof, and the course and distance from such face or point of commencement to some permanent well known objects in the vicinity by which to fix and determine the locus in manner heretofore set forth applicable to locations of veins or lodes. § 21, Id. Must Erect Stakes or Monuments.—And at the time of posting such notice they shall, in order that miners or prospectors may be enabled to determine whether or not they are within the lines of the tunnel, establish the boundary lines thereof, by stakes or monuments placed along such lines at proper intervals, to the terminus of the 3,000 feet from the face or point of commencement of the tunnel, and 43 LODE CLAIMS. TUNNELS. the lines so marked will define and govern as to the specific boundaries within which prospecting for lodes not previously known to exist is prohibited while work on the tunnel is being prosecuted with reasonable diligence. § 21, Id. Notice Must Be Recorded.—At the time of posting notice and marking out the lines of the tunnel as aforesaid, a full and correct copy of such notice of location defining the tunnel claim must be filed for record with the mining recorder of the district, to which notice must be attached the sworn statement or declaration of the owners, claimants or projectors of such tunnel, setting forth the facts in the case; stating the amount expended by themselves and their predecessors in interest in prosecuting work thereon; the extent of the work performed, and that it is bona fide their intention to prosecute work on the tunnel so located and described with reasonable diligence for the development of a vein or lode, or for the discovery of mines or both, as the case may be. This notice of location must be duly recorded, and, with the said sworn statement attached, kept on the recorder's files for future reference. § 22, Id. Compliance Urged.—By a compliance with ^ the foregoing much needless difficulty will be avoided, and the way for the adjustment of legal rights acquired in virtue of said Section 2323 will be made much more easy and certain. § 23, Id. Speculative Locations Prohibited.—This office will take particular care that no improper advantage is taken of this provision of law by parties making or professing to make tunnel locations, ostensibly for the purposes named in the statute, but really for the purpose of monopolizing the lands lying in front of their tunnels to the detriment of the mining interests and to the exclusion of bona 44 LODE CLAIMS. TUNNELS. fide prospectors or miners, but will hold such tunnel claimants to a strict compliance with the terms of the statutes; and a reasonable diligence on their part in prosecuting the work is one of the essential conditions of their implied contract. Negligence or want of due diligence will be construed as working a forfeiture of their right to all undiscovered veins on the line of such tunnel. § 24, Id. Locator's Peril.—It is apparent that one who locates a claim on the line of a tunnel in process of construction, does so at his peril, unless the vein was known to exist before the location of the tunnel site, for if the tunnel reaches such vein within 3,000 feet of its face, it is appropriated to the tunnel proprietor. 2 0 FORM 5. Right Of Way.—Tunnels undoubtedly have right of way, for purposes of discovery, but where injury is caused to prior claimants, due compensation must be made. Doctrine of Relation, Time of Location, Length of Claim, Location May Be All or Partly on One Side.—"If discovered from the surface, the discoverer might, under Rev. St., § 2320, claim 'one thousand five hundred feet in length along the vein or l o d e / The clear import of the language, then, is to give to the tunnel owner discovering a vein in the tunnel, a right to appropriate 1,500 feet in length of that vein. * * * The discovery in the tunnel is like a discovery on the surface. Until one is made, there is no right to locate a claim in re20 Glacier M. S. M. Co. v. Willis, 8 S. C. R. 1214,127 U. S. 471; Back v. Sierra N. C. M. Co., 2 I 386,17 P. 83. 45 LODE CLAIMS. TUNNELS. spect to the vein, and the time to determine where and how it shall be located arises only upon the discovery—whether such discovery be made on the surface or in the tunnel. * * * ; 'We hold, therefore, that the right to a vein discovered in the tunnel dates, by relation, back to the time of the location of the tunnel site, and also that the right of locating the claim to the vein arises upon its discovery in the tunnel, and may be exercised by locating that claim the full length of 1,500 feet on either side of the tunnel, or in such proportion thereof on either side as the locator may desire." Enterprise M. Co. v. Rico-Aspen M. Co., 17 S. C. R. 762, 167 U. S. 108. Failure to Mark on Surface.—''Does the failure to mark on the surface of the ground the point of discovery and the boundaries of the tract claimed destroy the right of the tunnel owner to the veins he has discovered in the tunnel? * * * The conditions surrounding a vein or lode discovered in a tunnel are such as to make against the idea or necessity of a surface location. * * * But, without determining what would be the rights acquired under a surface location based upon a discovery in a tunnel, it is enough to hold, following the plain language of the statute, that the discovery of the vein in a tunnel, worked according to the provisions of the statute, gives a right to the possession of the vein to the same length as if discovered from the surface, and that a location on the surface is not essential to a continuance of that right." Campbell v. Ellet, 17 S. C. R. 765, 167 U. S. 116. 46 LODE CLAIMS. TUNNELS, Posting Notice of Claim.—"We do not mean to hold that such right of possession can be maintained without compliance with the provisions of the local statutes in reference to the record of the claim, or without posting in some suitable place, conveniently near to the place of discovery, a proper notice of the extent of the claim—in other words, without any practical location; for in this case notice was posted at the mouth of the tunnel, and no more suitable place can be suggested, and a proper notice was put on record in the office named in the statu t e . " Campbell v. Ellet, 17 S. C. R. 765, 167 U. S. 116, ABANDONMENT OF TUNNELS. PROVISION OF U. S. STATUTES. Failure to Work for Six Months, Abandonment. —But failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. § 2323, Id. LABOR ON TUNNEL IS LABOR ON CLAIM. Tunnels, Cost of—How Treated.—That Section 2324 of the Revised Statutes be, and the same is hereby, amended so that where a person or company has or may run a tunnel for the purpose of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said act; and such person or company 47 LODE MINERS' CLAIMS. RULES. shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said act. § 2324, Id., 18 S. L. 315. LAND OFFICE REGULATIONS. Fraudulent Tunnel Locations.—This office will take particular care that no improper advantage is taken of this provision of law by parties making or professing to make tunnel locations, ostensibly for the purposes named in the statute, but really for the purpose of monopolizing the lands lying in front of their tunnels to the detriment of the mining interests and to the exclusion of bona fide prospectors or miners, but will hold such tunnel claimants to a strict compliance with the terms of the statutes; and a reasonable diligence on their part in prosecuting the work is one of the essential conditions of their implied contract. Negligence or want of due diligence will be construed as working a forfeiture of their right to all undiscovered veins on the line of such tunnel. § 24, circular, Dec. 15, 1897. Six Months' Abandonment.—Locations made on the line of a tunnel after six months' cessation of work thereon, upon lodes not discovered by means of the tunnel, are valid.% ° AUTHORITY OF MINERS TO ADOPT AND ENFORCE RULES AND REGULATIONS. Regulations Made by Miners.—The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to 48 LOBE MINERS1 CLAIMS. RULES. hold possession of a mining claim, subject to the following requirements: § 2324, Id. LAND OFFICE REGULATIONS. Miners' Rules as to Recording.—The location notice must be filed for record in all respects as required by the State or Territorial laws and local rules and regulations, if there be any. § 13, circular, Dec. 15, 1897. LAW OF ALASKA. Miners' Rules and Customs Provable as Pacts.— On the trial of an action to recover the possession of a mining claim, the customs, usages or regulations established and in force in the mining district or diggings in which such claim is situated not in conflict with any law of the United States or of this State, so far as they may be pertinent and applicable to the issue to be tried, may be proven as facts, and when so proven shall be deemed the law governing the rights of the parties thereto. Laws of Oregon, Oct. 21, 1864, § 2181, H . A. L. O. 1887. Right of Purchase Limited by Miners' Rules.— Any person may hold one claim by location, as hereinafter provided, upon each lead or vein, and as many by purchase as the local laws of the miners in the district where such claims are located may allow. Laws of Oregon, Oct. 24, 1864, § 3829, H. A. L. O. 1887. Organizing Mining Districts.—It shall be the duty of the county clerk of any county, upon the receipt of notice of a miner's meeting organizing a miner's district in said county, with a description of the boundaries thereof, to record the same in a book to be kept in his office as other county records, to be called a "book of record of mining claims;" 4 49 LODE CLAIMS. MINERS' RULES. and upon the petition of parties interested, he may appoint a deputy for such district who shall reside in said district or its vicinity, and shall record all mining claims and water rights in the order in which they are presented for record, and shall transmit a copy of such record at the end of each month to the county clerk, who shall record the same in the above mentioned book of record, for which he shall receive one dollar for each and every claim. It shall further be the duty of said county clerk to furnish a copy of this law to his said deputy, who shall keep the same in his office, open at all reasonable times for the inspection of all persons interested therein. Laws of Oregon, Oct. 21, 1864, § 3831, H. A. L. O. 1887. Scope of Miners' Rules.—Miners shall be empowered to make local laws in relation to the possession of water rights, the possession and working of placer claims, and the survey and sale of town lots in mining camps, subject to the laws of the United States. Laws of Oregon, Oct. 24, 1864, § 3832, H. A. L. O. 1887. Primitive Legislation.—The provision of the federal statute above quoted deserves to be characterized as primitive legislation. When the law was enacted, it undoubtedly was proper enough to recognize the rights and titles which had accrued prior thereto under the regulations adopted by the miners, but to authorize the continuance of miners' legislation was to subject those engaged, or to engage, in that business, to perpetual uncertainty as to their rights, and to discredit the industry as a legitimate pursuit. 2 1 21 Glacier M. S. M. Co. v. Willis, 8 S. C. R. 1214,127 U. S. 471; Jennison v. Kirk, 98 U. S. 453; Meydenbauer v. Stevens, 78 P. 787; Jupiter M. Co. v. Bodie C. M. Co., 11 P. 666; North N. M. Co. v. Orient M. Co., 1 P. 522; Strong v. Ryan, 46 Cal. 33. 50 LODE MARKING. CLAIMS. Restrictions on Right to Purchase Claims.—The provision of the laws of Oregon authorizing miners to restrict individual purchases would, undoubtedly, be held void, so far as it conflicts with § 2326, R. S. U. S., which provided that, "Nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining claim to any person whatever.'' Before patent such restrictions might be valid, being authorized by law, but they could have no force outside of the district for which they were adopted. 2 2 BOUNDARIES OF CLAIM MUST BE MARKED ON GROUND. PBOVISIOtf OF U. S. STATUTES. Location Must Be Marked.—The location must be distinctly marked on the ground so that its boundaries can be readily traced. § 2324, Id. LAND OFFICE REGULATIONS. Importance of Due Location.—Locators cannot exercise too much care in defining their locations at the outset, inasmuch as the law requires that all records of mining locations made subsequent to May 10, 1872, shall contain the name or names of the locators, the date of the location and such a description of the claim or claims located, by reference to some natural object or permanent monument, as will identify the claim. § 9, circular, Dec. 15, 1897. Discovery Precedes Location.—No lode claim 22 English v. Johnson, 17 Cal. 108; Prosser v. P a r k s , 18 Cal. 48; T a b l e M. T. Co. v. Stranahan, 20 Cal. 209; Patterson v. Keystone M. Co., 23 Cal. 576; Hess v. Winder, 30 Cal. 355. Si LODE MA CLAIMS. BRING. shall be located until after the discovery of a vein or lode within the limits of the claim, the object of which provision is evidently to prevent the appropriation of presumed mineral ground for speculative purposes to the exclusion of bona fide prospectors, before sufficient work has been done to determine whether a vein or lode really exists. § 10, Id. How Marked.—The claimant should, therefore, prior to locating his claim, unless the vein can be traced upon the surface, sink a shaft, or run a tunnel or drift, to a sufficient depth therein to discover and develop a mineral-bearing vein, lode or crevice; should determine, if possible, the general course of such vein in either direction from the point of discovery, by which direction he will be governed in marking the boundaries of his claim on the surface. His location notice should give the course and distance as nearly as practicable from the discovery shaft on the claim to some permanent, well known points or objects, such, for instance, as stone monuments, blazed trees, the confluence of streams, point of intersection of well known gulches, ravines or roads, prominent buttes, hills, etc., which may be in the immediate vicinity, and which will serve to perpetuate' and fix the locus of the claim and render it susceptible of identification from the description thereof given in the record of locations in the district, and should be duly recorded. § n , Id. Stakes and Monuments.—In addition to the foregoing data, the claimant should state the names of adjoining claims, or, if none adjoin, the relative positions of the nearest claims; should drive a post or erect a monument of stones at each corner of his surface ground, and at the point of discovery or discovery shaft should fix a post, stake or board, upon which should be designated the name of the lode, the name or names of the locators, the number of 52 LODE CLAIMS. MARKING. feet claimed, and in which direction from the point of discovery; it being essential that the location notice filed for record, in addition to the foregoing description, should state whether the entire claim of 1,500 feet is taken on one side of the point of discovery or whether it is partly upon one and partly upon the other side thereof, and in the latter case, how many feet are claimed upon each side of such discovery point. § 12, Id. Only Marking Actually Required,—" Rev. St., § 2324, merely requires that the locations shall be distinctly marked on the ground, so that their boundaries can be readily traced.'' Haws v. Victoria C. M. Co., 16 S. C. R. 282, 160 U. S. 303. There is no law applicable to Alaska requiring more than this, but, perhaps, expensive litigation and great loss, as well as all contention and question, can be avoided by following the directions given below: 2 3 Relocation by Owner.—In case development proves that the supposed discovery in the discovery shaft, tunnel, drift or adit is a false lead, but the true vein is elsewhere discovered on the claim before adverse rights accrue, it is probable that the location would not be void, but the claimant should adopt the safe course and relocate the claim. 2 4 Claim May Be Marked by Stakes and Identified 23 Meydenbauer v. Stevens, 78 F. 787; Cheesman v. Shreeve, 40 F. 787; Brown v. Levan, 46 P. 661, Idaho; Howeth v. Sullenger, 45 P. 841, Cal., Willeford v. Bell, 49 P. 6, Cal.; Richmond M. Co. v. Rose, 5 S. C. R. 1055; 114 U. S. 576; Carroll v. Price, 81 F. 137; Gird v. California O. Co., 60 F. 531; Croesus M. M. & S. Co. v. Colorado L. & M. Co , 19 F. 78; Taylor v. Parenteau, 48 P. 505, Col. 24 Cheesman v. Shreeve, 40 F. 787; Fuller v. H a r r i s , 29 F. 814; McEvoy v. H y m a n , 25 F. 596; Fisher v. Seymour, 49P. 30, Col.; Philpotts v. Bias, dell, 8 Nev. 61. 53 LODE MARKING. CLAIMS. by Reference to Another Claim.—"A reference to some natural object or permanent monument is named for that purpose. Of course, the section means when such reference can be made. Mining lode claims are frequently found where there are no permanent monuments or natural objects other than rocks or neighboring hills. Stakes driven into the ground are, in such cases, the most certain means of identification. Such stakes were placed here, with a description of the premises by metes, and, to comply with the requirements of the statute as far as possible, the location of the lode is also indicated by stating its distance south of 'Vaughan's Little Jennie Mine,' probably the best known and most easily defined object in the vicinity. " Hammer v. Garfield M. & M. Co., 9 S. C. R. 548, 130 U. S. 291. Indefinite Description May Not Invalidate Certificate.—"Conceding the indeflniteness of the description in the certificate, it does not follow that it is absolutely void, for, as said by this court in Hammer v. Milling Co., 130 U. S. 291, 299, 9 Sup. Ct. 548, after quoting from Section 2324: ' These provisions, as appears on their face, are designed to secure a definite description—one so plain that the claim can be readily ascertained. A reference to some natural object or permanent monument is named for that purpose. Of course the section means, when such reference can be made. Mining lode claims are frequently found where there are no permanent monuments or natural objects other than rocks or neighboring hills. Stakes driven into the ground 54 LODE CLAIMS. MARKING. are in such cases the most certain means of identification.' " Bennett v. Harkrader, 15 S. C. R. 863, 158 U. S. 441. The most important act in the locating of a mining claim is the marking of its boundaries on the ground, as the location is governed by the boundaries as marked, rather than by the certificate of location. 2 5 Directions for Marking.—The following directions will comply with the laws of the United States, the regulations of the Interior Department, and with any miners' rules likely to be adopted: 2 5 1. The boundaries should be marked before the location certificate is filed. 2. A "discovery shaft" should be sunk or a drift or tunnel run, until it uncovers the vein in place, and in any event the shaft should be ten feet deep, the tunnel ten feet below the surface where it intersects the vein, and the drift or adit should be ten feet along the vein. 3. The boundaries should be marked in the form of a parallelogram so that the vein will intersect both end lines. 4. A "location Stake" should be set within the claim, upon which should be posted a description of the location. 5. Stakes should be set at each corner of the claim, in the middle of the side lines, and on the end lines'where they intersect the middle of the vein, hewed on the in side or sides, and numbered. 25 Meydenbauer v. Stevens, 78 F . 787; Book v. Justice M. Co., 58 F. 106; Walrath v. Champion M. Co., 63 F. 552, 72-F. 978. 55 LODE CLAIMS. MASKING. 6. A location notice should be posted on the "location stake," stating the date of discovery, the name of the lode, the point of discovery> the number of feet claimed on each side of that point, and the direction of the strike. FORM 2. 7. The lines may be further indicated, also, by blazing trees, clearing off the underbrush if any, or by staking, piling stones or marking^thereon in any way so as to make them perceptible to ordinary observation. FORM 3. 8. If the character of the ground is such that stakes cannot be driven they may be set in piles of stone; and if they cannot be set at their proper places they may be fixed at the nearest points thereto, having distinctly marked thereon the course and distance from their proper locations. The Location of a Claim.—By discovery and demarkation as above suggested, the location of a claim is completed, unless the law or Miners' Rules require a record of the location to be made. It is always best to complete the record of the claim as soon as possible, even where not absolutely necessary, and in Alaska the record should be made, unless the claim is being continuously worked, as elsewhere stated, within thirty days after the discovery. In the sense in which the word "location" is used in mining law, it means the necessary acts of appropriation, while the word "claim" means the land appropriated, and may include several locations. Location carries with it the right of possession, which is in law a property right and may be Id. Must Give Bond.—Each deputy mineral surveyor before entering upon the duties of his office or appointment shall be required to enter into such bond for the faithful performance of his duties as may be prescribed by the regulations of the Land Department in force at that time. § 92, Id. Fees for Office Work.—With regard to the platting of the claim and other office work in the surveyor general's office, that officer will make an estimate of the cost thereof, which amount the claimant will deposit with any assistant United States treasurer or designated depository in favor of the United States Treasurer, to be passed to the credit of the fund created by "individual depositors for surveys of the public lands,'' and file with the surveyor general duplicate certificates of such deposit in the usual manner. § 93, Id. At Least One Deputy in Each District.—The surveyors general will endeavor to appoint mineral deputy surveyors, so that one or more may be located in each mining district for the greater convenience of miners. § 94, Id. Verified Report of Deputy.—The usual oaths will be required of these deputies and their assistants as to the correctness of each survey executed by them. The duty of the deputy mineral surveyor ceases when he has executed the survey and returned the field notes and preliminary plat thereof with his report to the surveyor general. 152 GENERAL PROVISIONS. TITLE BY LIMITATION OF TIME. Deputy Cannot Act as Attorney.—He will not be allowed to prepare for the mining claimant the papers in support of an application for patent or otherwise perform the duties of an attorney before the land office in connection with a mining claim, § 95, Id. Exhorbitant Fees.-—Should it appear that excessive or exorbitant charges have been made by any surveyor or any publisher, prompt action will be taken with the view of correcting the abuse. § 9 6 , Id. T I T L E TO LODE OR P L A C E R CLAIMS MAT BE ACQUIRED BY Y I R T U E OF LOCAL S T A T U T E S OF L I M I T A T I O N . PROVISIONS OF U. S. STATUTES. What Evidence of Possession, Etc., to Establish a Right to a Patent.—Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession, and working of the claims for such period, shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim. § 2332, Id. LAND OFFICE REGULATIONS. Convenient Provision.—This provision of law will greatly lessen the burden of proof, more especially in the case of old claims located many years since, the records of which,, in many cases, have i53 GENERAL PROVISIONS. TITLE BY LIMITATION OF TIME. been destroyed by fire, or lost in other ways during the lapse of time, but concerning the possessory right to which all controversy or litigation has long been settled. § 76, circular, Dec. 15, 1897. Proof of Statute.—When an applicant desires to make his proof of possessory right in accordance with this provision of law, he will not be required to produce evidence of location, copies of conveyances or abstracts of title, as in other cases, but will be required to furnish a duly certified copy of the statute of limitation of mining claims for the State or Territory, together with his sworn statement giving a clear and succinct narration of the facts as to the origin of his title, and likewise as to the continuation of his possession of the mining ground covered by his application; the area thereof; the nature and extent of the mining that has been done thereon; whether there has been any opposition to his possession, or litigation with regard to his claim and, if so, when the same ceased; whether such cessation was caused by compromise or by judicial decree, and any additional facts within the claimant's knowledge having a direct bearing upon his possession and bona fides which he may desire to submit in support of his claim. § 77, Id. Non-Pendency of Litigation.—There should likewise be filed a certificate, under seal of the court having jurisdiction of mining cases within the judicial district embracing the claim, that no suit or action of any character whatever involving the right of possession to any portion of the claim applied for is pending, and that there has been no litigation before said court affecting the title to said claim or any part thereof for a period equal to the time fixed by the statute of limitations for mining claims in the State or Territory as aforesaid, other than that i54 GENERAL PROVISIONS. TITLE BY LIMITATION OF TIME. which has been finally decided in favor of the claimant. § 78, Id. Corroborative Evidence.—The claimant should support his narrative of facts relative to his possession, occupancy and improvements by corroborative testimony of any disinterested person or persons of credibility who may be cognizant of the facts in the case and are capable of testifying understandingly in the premises. § 79, Id. LAW OF ALASKA. Statute of Limitation—One Year.—One year's adverse possession of a mining claim, immediately preceding the commencement of an action therefor, by the defendant or those under whom he holds, if pleaded, is a bar to the action for the possession thereof. Laws of Oregon, Oct. 21, 1864, § 2178, H. A. L. O. 1887. Forfeiture After One Year.—If any claim shall not be worked for twelve consecutive months, it shall be forfeited, and considered liable to location by any person or persons, unless the owner or owners be absent on account of sickness or in the service of their country in time of war. Laws of Oregon, Oct. 24, 1864, § 3828, H. A. L. O. 1887. One Year's Adverse Possession of Claims in Alaska.—The year of adverse possession which shall constitute a bar to an action for the possession of a claim applies only to unpatented claims and cannot commence to run until the claimant against whom the fact is urged has been in default in complying with the requirements of law, if the plea be made by a subsequent, against a prior, locator. It would be possible for one to be unlawfully in posi55 GENERAL PROVISIONS. TITLE BY LIMITATION OF TIME, session, for more than a year, of the claim of another who had fully complied with the law, but the trespasser could thereby acquire no rights. 7 3 Possession or Location Impossible on a Claim Not in Default.—The law (Section 2322, R. S.), in express terms, guarantees to the locator complying therewith exclusive possession and enjoyment of his claim, and it is therefore impossible that an intruder, acting in defiance of its provisions, could secure title or rights which the government would recognize. As said in Belk v. Meagher, 104 U. S. 279, " Locations can only be made where the law allows it to be done. Any attempt to go beyond that will be of no avail. Hence, a relocation on lands actually covered at the time by another valid and subsisting location is void; and this not only against the prior locator, but all the world, because the law allows no such thing to be done. * * * The right to the possession comes only from a valid location. Consequently, if there is no location there can be no possession under it. Location does not, necessarily, follow from possession, but possession from location.'' Forfeiture.—Likewise the law of Alaska (Oregon) providing for a forfeiture after one year's failure to work, means one year after the rights of the claimant have expired. It is practically the same as the federal statute on the subject (Section 2324), but is void in respect to the exception therein made 73 Hamilton v. Southern N. G. & S. M. Co., 33 F. 562; H a r r i s v. Equator M. S. Co., 8 F. 863; Altoona Q. M. Co. v. Integral Q. M. Co., 45 P. 1047, Cal. I56 GENERAL PRO VISIONS. LIENS.—AFFIDA VITSAND TESTIMONY. "unless the owner or owners be absent on account of sickness or in the service of their country in time of war,'' the same being to that extent in conflict with the provisions of the U. S. statutes. RIGHT OF LIEN PRESERVED. PROVISIONS OF U. S. STATUTES. Liens Not Impaired by Patent.—But nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim, or property thereto attached prior to the issuance of a patent. § 2332, Id. As there was no law in force in Oregon on May 17, 1884, in reference to liens on mines, there is no statutory lien of that kind available in that Territory. 7 4 Mechanic's liens upon ditches and flumes may be enfored under the following statute: " T h e laws relative to the sale and transfer of real estate and the application of the liens of mechanics and laborers therein, be and they are hereby made applicable to said ditches and flumes." Laws of Oregon, Oct. 24, 1864, § 3834, H. A. L. O. 1887. AFFIDAVITS MAY BE VERIFIED AND PROOF TAKEN BEFORE ANY AUTHORIZED OFFICER IN THE LAND DISTRICT. PROVISIONS OF U. S. STATUTES. Verification of Affidavits, Etc.—All affidavits required to be made under this chapter may be verin Bear L. R. W. I. Co. v. Garland, 17 S. C. R. 7, 164 U. S. 1. i57 &ENSBAL PROVISIONS. DEVELOPMENT REQUIRED. fied before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer; and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office. § 2335, Id. COMPLETE DEYELOPMENT OF MINES MAY BE REQUIRED BY LOCAL LEGISLATION. PROVISIONS OF U. S. STATUTES. What Conditions of Sale May be Made by Local Legislature.—As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. § 2338, Id. Local Legislation Is Congressional Legislation. —The only legislation of the kind mentioned in the foregoing provision of statute possible for Alaska must come from Congress, and, consequently, such law is a nullity as to that Territory, PRESIDENT GIVEN AUTHORITY TO PROVIDE NECESSARY OFFICERS IN MINING DISTRICTS. PROVISIONS OF U. S. STATUTES. Additional Land Districts and Officers, Power 158 GENERAL PROVISIONS. EXISTING RIGHTS. of the President to Provide.—The President is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of this chapter. § 2343, Id. EXISTING RIGHTS PROTECTED. PROVISIONS OF U. S. STATUTES. Provisions of this Chapter Not to Affect Certain Rights.—Nothing contained in this chapter shall be construed to impair in any way, rights or interests in mining property acquired under existing laws; nor to affect the provisions of the act entitled " An act granting to A. Sutro the right of way and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twentyfive, eighteen hundred and sixty-six. § 2344, Id. STATES NOT SUBJECT TO MINING LAWS. PROVISIONS OF U. S. STATUTES. Mineral Lands in Certain States Excepted.— The provisions of the preceding sections of this chapter shall not apply to the mineral lands situated in the States of Michigan, Wisconsin, and Minnesota, which are declared free and open to exploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona fide entries of such lands within the 159 GENERAL PROVISIONS. TOWN SITES, States named since the tenth of May, eighteen hundred and seventy-two, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of preemption as other public lands, § 2345, Id. TOWNSITE ENTRIES IN ALASKA AUTHORIZED, BUT MINERAL RESERVED. PROVISIONS OF U. S. STATUTES. Alaska — Town Sites; How Entered.—That until otherwise ordered by Congress lands in Alaska may be entered for town site purposes, for the several use and benefit of the occupants of such town sites, by such trustee or trustees as may be named by the Secretary of the Interior for that purpose, such entries to be made under the provisions of section twenty-three hundred and eightyseven of the Revised Statutes as near as may be. § 11, 26 S. L. 1095,1 Supp. 940. Survey and Division of Lots.—And when such entries shall have been made the Secretary of the Interior shall provide by regulation for the proper execution of the trust in favor of the inhabitants of the town site, including the survey of the land into lots, according to the spirit and intent of said Section 2387, of the Revised Statutes, whereby the same results would be reached as though the entry had been made by a county judge and the disposal of the lots in such town site and the proceeds of the 160 GENERAL PROVISIONS. TOWNSITES. sale thereby had been prescribed by the legislative authority of a State or Territory. Id. Limit of Entry.—Provided, That no more than 640 acres shall be embraced in one town site entry. Id. PRECIOUS METALS RESERVED, Town Site Entries Not to Include Mining Rights.—That town site entries may be made by incorporated towns and cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any venf of gold, silver, cinnabar, copper or lead, or to any valid mining claim or possession held under existing law. 16, Id. Mining Claims in Incorporated Town Reserved.—When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to -such recognized possession and the necessary use thereof and when entry has been made or patent issued for such town sites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground appertaining thereto. Id. Prior Right of Surface Owner Protected.—Provided, That no entry shall be made by such mineral vein claimant for surface ground where the owner or occupier of the surface ground shall have had possession of the same before the inception of the title of the mineral vein applicant. Id. 161 GENERAL PROVISIONS. ENTRIES FOR TRADE, ETC. LAND CONTAINING COAL OR PRECIOUS METAL RESERVED. Title to lands in Alaska may, also, be acquired for purposes of " trade and manufactures," under the provisions of §§ 12 and 13 of the above mentioned act of Congress; but it will be observed that by the terms of the following quoted section of the same act, land containing coal, or the precious metals, is excluded from the operation of said act. What Lands Reserved from Entry Under this Act.—That none of the provisions of the last two preceding sections of this act (concerning sales of land for trade and manufactures) shall be so construed as to warrant the sale of any lands belonging to the United States which shall contain coal or the precious metals. § 14, 26 S. L. 1095,1. Supp. 944. TOWN SITE AND OTHER RESERVATIONS CONSTRUED. Patent for Town Site or Trade and Manufactures Excepts Known Mineral.—The following provisions of statute as to town site entries, and entries for purposes of trade and manufacture, are, of course, applicable to unpatented lands only, for when a patent is issued in either case, it conveys to the patentee whatever underlies the surface, the only exception being when at the time of the issuance of the patent the patentee was aware that the entry contained valuable mineral deposits of the kind reserved by the law above quoted. 162 GENERAL PROVISIONS. ENTRIES FOR TRADE, ETC. The rule in such cases is stated in Dower v. Richards, 14 S. C. R. 452, 151 U. S. 658, as follows: '' It is established by former decisions of this court that, under the acts of Congress which govern this case, in order to except mines or mineral lands from the operation of a town site patent, it is not sufficient that the lands do in fact contain minerals, or even valuable minerals, when the town site patent takes effect, but they must, at that time, be known to contain minerals of such extent and value as to justify expenditures for the purpose of extracting them; and, if the lands are not known at that time to be so valuable for mining purposes, the fact that they have once been valuable, or are afterwards discovered to be still valuable, for such purposes, does not defeat or impair the title of persons claiming under the town site patent." 7 5 Town Site Lands Outside of Patented Portion.— *' Valuable mineral deposits in such lands outside of the patent are equally open to exploration and purchase as those in lands outside of the town site. It was in reference to mines in unoccupied public lands in unpatented town sites that the language in Steel v. Smelting Co. was used, and to them and to mines in public lands in patented town sites outside of the limits of the patent it is only applicable.'' Davis v. Wiebbold, 11 S, C. R. 628, 139 U. S. 507. 75 Deffeback v. H a w k e , 6 S. C. R. 95,115 U. S. 352; Steel v. St. L. R. Co., 1 S. C. R. 389, 106 U. S. 447; Carter v. Thompson, 65 F. 329; Bonner v. Meikle, 82 F . 697; Martin v. Browner, 11 Col. 12; H a r t m a n v. Smith. 7 Mont. 19; Butte City S. H. L. C , 6 Mont 397, 12 P. 858; Silver Bow M. & M. Co. v. Clark, 5 Mont. 378, 5 P. 574; Talbot v. King, 6 Mont. 76, 9 P. 434; Poire v. Wells, 6 Col. 406. 163 GENERAL FOREST PROVISIONS. RESERVES. MINERAL ENTRIES IN FOREST RESERVATIONS. PROVISIONS OF U. S. STATUTES. The following is an extract from circular entitled " Rules and Regulations Governing Forest Reservations," established under section 24 of the act of March 3, 1891 (26 Stat. L. 1095). Approved June 30, 1897. (24 L. D. 589-593-594.) LOCATION AND ENTRY OF MINERAL LANDS. Mineral Lands in Forest Reserves.—The law provides t h a t i ' any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry tinder the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry," notwithstanding the reservation. This makes mineral lands in the forest reserves subject to location and entry under the general mining laws in the usual manner. § 1 9 , circular, Dec. 15, 1897. Timber on Such Claims.—Owners of valid mining locations made and held in good faith under the mining laws of the United States and the regulations thereunder are authorized and permitted to fell and remove from such mining claims any timber growing thereon, for actual mining purposes in connection with the particular claim from which the timber is felled or removed. (For further use of timber by miners see below, under heading " F r e e use of timber and stone.") § 20, Id. FREE USE OF TIMBER AND STONE, Timber and Stone Free,—The law provides that " T h e Secretary of the Interior may permit, under 164 COAL AREA LANDS. regulations to be prescribed by him, the use of timber and stone found upon such reservations, free of charge, by bona fide settlers, miners, residents and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located/' § 21, Id. Use Limited to Actual Needs.—This provision is limited to persons resident in forest reservations who have not a sufficient supply of timber or stone on their own claims or lands for the purposes enumerated, or for necessary use in developing the mineral or other natural resources of the lands owned or occupied by them. Such persons, there* fore, are permitted to take timber and stone from public lands in the forest reservations under the terms of the law above quoted, strictly for their individual use on their own claims or lands owned or occupied by them, but not for sale or disposal, or use on other lands, or by other persons. Provided, That where the stumpage value exceeds $100, application must be made to and permission given by the department. § 21, Id. EXTENT TO WHICH COAL LANDS MAT BE ENTERED. PROVISIONS OF U. S. STATUTES. Entry of Coal Lands.—Every person above the age of twenty-one years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the register of the proper land office, have 165 COAL POSSESSION. LANDS. the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres, to such individual person, or three hundred and twenty acres to such association, upon payment to the receiver of not less than ten dollars per acre for such lands, where the same shall be situated more than fifteen miles from any completed railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road. § 2347, Id. Monopoly of Coal Lands Forbidden.—" It is the case of an association seeking to evade an act of Congress by using, for its own benefit, the names of both its members and employes to obtain from the Government vacant coal lands, which it could not legally obtain upon entries made in its own name, and which it was expressly forbidden to enter by reason of some of its members having previously taken the benefit of the statute.'' United States v* Trinidad C. & C. Co., n S. C. R. 57, 137 U. S. 160. PREFERENCE RIGHT OF ENTRY TO THOSE IN POSSESSION. PROVISIONS OF U. S. STATUTES. Pre-emption of Coal Lands.—Any person or association of persons severally qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual 166 COAL ENTRY. LANDS. possession of the same, shall be entitled to a preference right of entry, under the preceding section, of the mines so opened and improved: Provided, That when any association of not less than four persons, severally qualified as above provided, shall have expended not less than $5,000 in working and improving any such mine or mines such association may enter not exceeding 640 acres, including such mining improvements. § 2348, Id, TIME WITHIN WHICH CLAIM MUST BE MADE. PROVISIONS OF U. S. STATUTES. Pre-emption Claims of Coal Lands to Be Presented Within Sixty Days, Etc.—All claims tinder the preceding section must be presented to the register of the proper land district within sixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements shall have been made prior to the expiration of three months from the third day of March, eighteen hundred and seventythree, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed until the expiration of six months from the third day of March, eighteen hundred and seventy-three. § 2349, Id. 167 COAL LANDS. ENTR Y —CONFLICT. NUMBER OF ENTRIES AND TIME OF PROOF AND PAYMENT LIMITED. PROVISIONS OF U. S. STATUTES. Only One Entry Allowed,—The three preceding sections shall be held to authorize only one entry by the same person or association of persons; and no association of persons any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions. § 2350, Id. Forfeiture After One Year.—And all persons claiming under Section 2348 shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. § 2350, Id. PRIORITY SECURES PREFERENCE. PROVISIONS OF U. S. STATUTES. Conflicting Claim.—In case of conflicting claims upon coal lands where the improvements shall be commenced, after the third day of March, eighteen hundred and seventy-three, priority of possession and improvement, followed by proper filing and 168 COAL RESERVATION. LANDS. continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the third day of March, eighteen hundred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections. § 2351, Id. LANDS YALUABLE FOR MINES OF GOLD, SILVER OR COPPER NOT SUBJECT TO PRE-EMPTION. PROVISIONS OF U. S. STATUTES. Rights Reserved.—Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver or copper. § 2352, Id. 169 MARKING FORMS. ON GROUND. FORM I. LODE D I S C O V E R E R ' S NOTICE. Notice is hereby given that as discoverer of this lode, I claim the right to locate two claims thereon, one on each side of this point, each 1,500 feet in length along the strike of the lode. Dated, May 1, 1898. DISCOVERER. FORM 2. L O D E LOCATION NOTICE. (To be posted). Notice is hereby given that I have this day located the John Brown lode, discovered by me May 1, 1898, and hereby claim 750 feet easterly and 750 feet westerly of this point (or of the discovery shaft) along the strike of said lode. Dated, May 31, 1898. LOCATOR. FORM 3. MARKING ON GROUND. o Location Stake. Vein. Discovery Shaft. 170 LODE LOCATION CERTIFICATE. FORMS. FORM 4. LODE LOCATION C E R T I F I C A T E . (To be recorded). This is to certify that I am a citizen of the United States; that on May 1, 1898, I discovered the John Brown lode in the Circle City Mining District of Alaska, and upon said date duly posted thereon notice of such discovery; that on May 31, 1898, after due exploration, I located the same, duly marked on the ground the boundaries of the same, and duly posted notice of location thereon describing the same as by law required; that said claim is now being and since its said discovery (or location) has been, continuously worked by m e ; that I hereby claim the exclusive possession and enjoyment of all the surface included within the lines of said location and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface location ; that the description of said claim as marked on the ground is as follows: (Give the technical description of the surveyor, or, if that is not possible, describe it as marked, with reference to permanent objects.) C L A I M A N T OF J O H N B R O W N LODE. Dated, May 31, 1898. FORM 5. NOTICE OF LOCATION OF T U N N E L SITE. (To be posted and recorded). Notice is hereby given that the site of the Jim 171 PLACER LOCATION FORMS. CERTIFICATE. Crow tunnel was located and work commenced thereon May i, 1898, by m e ; that since said time work has been continuously and is now being prosecuted thereon by m e ; that this stake marks the face of said tunnel which runs in a direct line easterly and westerly ; that as the proprietor of said tunnel I hereby claim all the veins or lodes, throughout their entire depth, within 3,000 feet from this point on the line thereof in a westerly direction which shall be discovered in said tunnel, to the same extent as if discovered from the surface; said tunnel is more particularly described as follows: (Give surveyor's description.) P R O P R I E T O R OF J I M C R O W T U N N E L . Dated, May 31, 1898. FORM 6. NOTICE O F P L A C E R DISCOVERY. (To be posted). Notice is hereby given that I have this day discovered the Washington Placer location at this point and claim the right to locate thereat a claim twenty acres in area. Dated May 1, 1898. DISCOVERER. FORM 7. P L A C E R LOCATION C E R T I F I C A T E . (To be posted and recorded). Notice is hereby given that on May 1, 1898, I discovered and commenced work on Washington Placer, near the headwaters of Copper river, in the Copper River Mining District, Alaska; that I have 172 NOTICE OF WATER APPROPRIATION. FORMS. ever since continuously worked and am now working the same; that the boundaries of said claim have been duly located and marked on the ground; that a more particular description of said claim, of which I am the owner, is as follows: (Describe according to U. S. survey, or, if not surveyed, describe by metes and bounds.) CLAIMANT. Dated, May 31, 1898. FORM 8. NOTICE OF W A T E R A P P R O P R I A T I O N . (To be posted at place of diversion). Notice is hereby given that I claim 1,000 miners' inches of this stream (or lake) to be diverted at this point and carried thence in ditches and flumes, in a westerly direction, to the Washington Placer, owned by me, near the headwaters of Copper river, in the Copper River Mining District, Alaska, for use thereon in mining operations. Dated, May 1, 1898. APPROPRIATOR. 173 GLOSSARY. Common Mining T e r m s Defined. Amalgam Quicksilver combined with gold a n d silver. Apex Top. Assay Chemical test of ores. Back Roof. Bank , . .Accumulation, or surface, at top of shaft. Bar Diggings .. River placers subject to overflow. Bench Diggings. River placers not subject to overflow. Booming Placer washing. Brooching Smoothing. Buddling Washing. Cap Pinch. Carbonates Lead, oxide a n d carbonic acid. Cheek Wall. Chloride Chlorine united with another element. Cinnabar Mercury a n d sulphur. Close Season. .. When placers cannot be worked. Collar Surface part of shaft timbering. Contact Union of different formations. Country Surrounding formation. Cribbing Projecting above surface. Cross C u t . . . . . . Level across a vein. Debris Waste. Diggings Placer mines. Dike Barren rock. Deluvian Deposit of earth, loose rock, etc. Dip Angle of descent. Drift Level on a vein. D r y D i g g i n g s . . Placers never subject to overflow. E x p l o r a t i o n . . . . Development. Face Point of reaching cover. Feeder Offshoot. Fissure V e i n . . . Lode. Float Detached mineralized rock. Flume Ditch. Flux Ingredients used in smelting ores. Foot-wall Wall beneath a vein. Free Miner Licensed miner. Galena Lead. Gangue Matrix. Gneiss .Crystalline rock. i'75 GLOSSARY. Hanging-wall... Wall above a vein. Hill D i g g i n g s . . Placers on hills. Horse A barren obstruction in a vein. In place Not detached. Lagging Spanning timber. Lead Lode. Level ..Drift. Lode Vein. Matrix Basic stone of a vein. Mica A transparent mineral. Millrun Output not separated. Miner's Inch .. .Flow of n ^ gallons per minute. P a y Rock Mineralized rock. P a y Streak Mineralized p a r t of rock. Pinch Contact of walls cutting off vein. Pitch Dip. Placer A deposit not "rock in p l a c e . " Pocket Detached ore. Porphyry Rock containing crystals of feldspar. Pyrites Iron a n d sulphur. Quartz Silex, occurring in crystals. Quicksilver . . . . Mercury. Royalty T h e lessor's percentage. Segregations.. .Detached portions of veins in place. Slickensides... .Smooth places on walls or ore. Slide Loose deposit covering rock. Sluice Box for washing ore. Smelting Method of extracting precious metals. Spiling T i m b e r to be driven in ground. Stamp-mill Machine for crushing ore. Stoping Pulling down ore in a drift. Strike Course. Sulphide Sulphur and metal. Sump Drainage pit in shaft. Tailings Refuse. Upcast Ventilating shaft. Vug Cavity. Wall Rock in contact with vein. 176 UNITED STATES. INDEX, PART I. INDEX TO PART I. MINING LAWS OF THE UNITED STATES. PAGE. Abandonment Claim Tunnel W a t e r rights Proof of Abstract of Title Patent Adverse claim Acts of Congress Organic Act • Alaska's local law Paramount Acquisition By individuals Kinds of claims Adverse Claim Co-owner Patent Protest Proceedings Form of action Dismissal Judgment Affidavits W h e r e made Proof of citizenship by By agent Age Of claimant, immaterial Agent Power of attorney Affidavit of Agricultural L a n d Contests involving Alaska Organic Act Laws Courts L a n d district 177 65, 134, 155 47 115 70 78, 79 124 9, 14 8 8 15, 49, 51, 105 16 86, 119-132, 134, 153-6 75 86, 119, 123 120 119, 124, 128-9 128 127 130 94, 127, 157 145 94, 145 18, 19, 145 93, 126 94 94, 127, 145 135-142 7 9-14, 59 10 11, 128 9, 158 INDEX, PART I. UNITED STATES. PAGE. Aliens Cannot locate May purchase Annual Labor Amount , When performed Several adjoining claims Intermediate default Aggregate required , Character of work By tunnel Record of Purchase certificates Personal requirement Proof of On placers Apex Necessary to location Denned R i g h t s incident to Application For patent For survey Bill of Sale Placers conveyed b y Recording Blanket Veins No extra-lateral rights on Boundaries Marking W h e n conclusive of rights Building Stone Located as placer Burden of Proof Upon claimant when Certificate Of location Of entry Character of L a n d Determining Agricultural Mineral Citizenship Proof of Necessity of Claim Status 178 146, 147 148 I47» 148 63-69, 82-85 63, 67, 129 64, 67 66, 67 69, 71 68, 84 67 63 66, 68 65, 66, 68 69, 72 82-85, 102 102 34, 35 39 39 32-39 75, 94, 106-112 79, 139 99 99 35 51, 98, 170 35 112 35 62 65, 66, 90 135-142 „. 137, 138, 142 136-141 n o , i n , 142 17, 143 144-146 145 17 INDEX, PART I. UNITED STATES. Claim—Continued. PAGE. Lode Length Width Location Surface rights in Extra-lateral rights of Relocation (by owner) Relocation (by stranger) Placer Personal property Real estate Coal Lands Monopoly of, prohibited E x t e n t of claim to Possession of Limit of time Forfeiture Conflict Co-Owner Forfeiture b y T e n a n t in common Notice to Conflict 0 Of laws Of surveys Coal entries Contests T o determine character of land Courts I n Alaska Appeals from Customs Miners Default W h e n curable Departure Of lode Deposit W h e n lode L a t e r a l rights Deputy Surveyors Appointment Duties Not to be attorneys Development May be required 179 19-97 19 28 56, 98 40 32-39 53 69-72 98-114 98-100 66 165 166 167 167 168 168 72-75 74 73 8 34 168 135-142 n , 128 11, 132 134 71 32-39 35 35 150-153 84 153 115, 158 INDEX, PART I. UNITED STATES. PAGE. Dip Of lode Locations on Discovery W h a t is By tunnel Necessity of Lode Indications Value Extent ,.. Continuity of vein Demarkation of vein Priority of Point of Placer Discovery, Notice Form Necessity of Discovery Shaft Size Necessity for Discoverer Rights of Duties of District Rules Of miners Where applicable Ditches Real estate Liens on Abandonment Right of way for Location notice of Miners' rules Easements For ditches For tunnels E n d Lines Must be parallel May be side lines Exclusion , By trespasser Existing Rights Protected E x t r a - L a t e r a l Rights Parallelism Surface rights 35 35 21-28 23 45 21 24 ...25, 108 25 25 26 26 23 , ....29, 30 ...98, 99 170 24 55 55 22, 23, 27 24 48-51 51 115 116 115 114, 118, 119 173 114-119 114, 118, 119 45 30 31 27, 61, 71, 156 10, 19, 115, 159, 169 32-39 30 40 180 INDEX, PART I. UNITED STATES. Extra-Lateral Rights—Continued. PAGE. Apex. . 35 Burden of proof 35 Dip 35 Vein crossing side line 35 Vein crossing both side lines ...36, 39 Fees Register and receiver . . . . ,..89, 148 Surveyor general 150-153 Publishers 81, 82, 151 Forcible possession Gives no r i g h t s . 27, 61, 71, 156 Forfeiture For w h a t causes 65, 70 Annual labor 63, 65 Recording 58, 60 Location 70 H o w cured 71, 146 W h e n occurs 70, 134, 155, 156 Ditches 115 Tunnels 47 By co-owners 72 Forms Discovery notice, lode., 170 Discovery notice, placer 172 Location notice, lode (to be posted) 170 Location notice, placer (to be posted) 172 Location certificate, lode 171 Location certificate, placer 172 Notice of tunnel site 171 Notice of water appropriation 173 Forest Reserves Mineral entries in • 164 Glossary 175, 176 Homestead E n t r y Mineral land reserved 136 When mineral included 15 Indian Reservations 10 Locations on 61 Interferences Adverse proceedings in 122 Intersection Of veins 41 Known Lodes , 106, 139, 163, 169 In placers 106^-108: L a n d District v... Alaska one , , , , , , . • , , , . , , . , ' . . , ' • , , , , , , ; , . .9, 158 181 INDEX, PART UNITED I. L a n d District—Continued. Alaska m a y be divided L a n d Office Regulations of General L. O In Alaska Laws Relative effect of Ledge Locations on Length Of lode claims Liens Miners' Mechanics' Limitation Statutes of Title by Of area , Location Form of W h e n complete Notice of Certificate of Marking. Rights incident to Abandonment of Forfeiture of Change of, b y owner On blanket veins Locus How determined Lode Apex Discovery Length Width R i g h t to follow Marking Location Recording In placers Intersections , Patent Separating Marking. Of lode claims Of placer claims 182 STATES. PAGE. 9 16 9 7-12 19-97 19 74 157 116, 157 127, 134 153-156 18, 105 18, 32-39, 49, 51 31, 32, 34. 170 56 56 62, 171 51-57* 170 17, 35, 40, 56, 133 134 70 53 35 62 35 24 19 28 35 5i-57> 98 56 44, 49, 98 106-108 35 75-94 106-108, 139-141, 163 139 51-5.7, 110 -.,•»,*,%•,. 98 UNITED STATES. INDEX, PART I. PAGE. Mill Sites , With lode Without lode Character of land Miners Liens of Rules of. Rights of, in water Mortgage Of placers Nqtice Of lode discovery Of placer discovery Of lode location Of placer location Of tunnel location Of water appropriation T o co-owner Of application for patent Of adverse claim Ownership Of mineral lands Parallelism Doctrine of Parallelogram Form of claim Patents Application for Lode Survey Placer Conclusive, when Protests Adverse claims Proceedings for Equivalent of Include what? Personal Property Placers are Petroleum L a n d s E n t e r e d as placers Placers Same rules govern Definition Location of Discovery notice Location notice 183 95-97 97 97 97 157 17, 2i, 23, 30, 48-51, 60, 134 114-119 99 , 24, 98, 99, 100, 56, 100, 43, 44, 47, 117, 170 172 170 172 171 173 73 75 86, 125 , 14 30 31, 32, 34, 170 75-94 75 75 79, 90-92 94 ..15,121-123, 163 120 86, 119-132 75 65, 66, 90 15 98, 100 < . 113 98-114 94, 98, 108 99 98, 99, 101-103 .98, 100, 172 100, 172 INDEX, PART I. UNITED STATES. Placers—Continued. PAGE. Discovery of ...,•,,,.,•,. 98, 99 Recording 98, 100 Marking 98, 170 Size 101-103 Number 105 Known lode in 106-108 Annual labor 102 P a t e n t for 94, 106-112 Abandonment of 65, 70, 99, 100 Personal property 98, 100 Bills of sale of 99 Mortgages of 99 Possession 153-156 Obviates record 58, 60 Coal lands 166 Possessory Actions 132-135 Legal title 132 Form 133 Court 132 Judgment 135 Power of Attorney Agent m u s t have 94 Proof By affidavit 75~94, 146, 157 By deposition 142 Property Mining rights a r e 17 Prospectors Rights of 23 Protest When patent applied for 120 Purchase Certificate Annual labor 66, 68 Effect of 66, 90 Real Estate Lode claims become 66 W a t e r rights a r e 115 Register a n d Receiver At Sitka 9 Others m a y be provided , 9, 158 Fees of 148, 149 Recording 57-63 Location certificate 44, 49, 98, 170-173 W h e n necessary 58, 60, 77 Default in, cured 71 184 UNITED STATES. INDEX, PART I. PAGE. Regulations Relative effect of , 7, 12 Meaning 16 Relation Doctrine of 45, 62 Relocation By owner 53 By stranger 69-72 When permitted... 69, 70 Reservation Effect of 10, 61, 142, 163, 169 Right of W a y For tunnels 45 For ditches 114, 118, 119 Reserved in patents 115 Vested rights 10, 19, 115 Rules Of miners 17, 21, 23, 30, 48-51, 60, 134 Relative effect of 7, 12 Separating , Agricultural from mineral land 139-141 Severance Of known lodes 106-108, 139-141, 163, 169 In placers 106-108 In intersections 4* By following dip 32-39 In coal lands 169 In town sites 160-163 In sites for trade and manufacture 162, 163 Sex Of claimant immaterial 19, 145 Side Lines Vein crossing one 35 Vein crossing both 36, 39 Stakes Where set 51-57,98, 170 States Excluded 159 Statutes Federal 7-12 Of Oregon 10 Stone Building , 112 Surface Claimant's possession of 40 Following dip under 35 Survey Application for , , , , , .79, 139 185 INDEX, PART I. UNITED STATES. Survey—Continued. PAGE. Made by whom 79 Report of 80, 90-92, n o , 111 Plat of 80 Fees for 150 Necessity for 139 Surveyor General 9 To appoint deputies 150 Fees of 152 Title In United States 14 Abstract of 78, 79, 124 By limitation 153-156 Conveyance of. 15, 99 Town Sites. * ; Known lode in 106-108, 139-141, 163 In Alaska * 160 T r a d e a n d Manufacture Entries for 162 Known lode 106-108, 139-141, 163 Trespasser Can acquire no right 27, 61, 71, 156 Tunnel 42-47 Location 42, 45, 46 t R i g h t s secured b y 45 Notice of location of 43, 44, 47 R i g h t of w a y 45 Abandonment 47 Annual labor ' 63 Union Of veins on dip 35 Veins Uniting on dip 35 Departure 32-39 Crossing both side lines 36-39 Intersecting . , 41 Walls (see Glossary) Significance of 26 W a t e r rights 114-119 Appropriation of 114, 117, 118, 173 Right of w a y for 114, 118, 119 Abandonment 115 Are real estate 115 Width. Of lode claim I.,,,,,,,*,,,,,,,,,,,,,,, 28 18.6 P A R T II. MINING LAWS OF CANADA. PROVISIONAL DISTRICT OF THE YUKON, NORTHWEST TERRITORIES. REGULATIONS Governing Placer Mining in the Provisional District of the Yukon, Northwest Territories. (Approved by Order in Council of 18th January, 1898). " F R E E M I N E R " shall mean a male or female over the age of eighteen but not under that age, or joint stock company, named in, and lawfully possessed of, a valid existing free miner's certificate, and no other. " L E G A L P O S T " shall mean a stake standing not less than four feet above the ground and flatted on two sides for at least one foot from the top. Both sides so flatted shall measure at least four inches across the face. It shall also mean any stump or tree cut off and flatted or faced to the above height and size. " C L O S E S E A S O N " shall mean the period of the year during which placer mining is generally suspended, the period to be fixed by the Mining Recorder in whose district the claim is situated. " M I N E R A L " shall include all minerals whatsoever other than coal. " J O I N T STOCK COMPANY" shall mean any company incorporated for mining purposes under a Canadian charter or licensed by the Government of Canada. " M I N I N G R E C O R D E R " shall mean the official appointed by the Gold Commissioner to record applications and grant entries for claims in the Mining Divisions into which the Commissioner may divide the Yukon District. 189 YUKON DISTRICT. FREE MINERS.-CERTIFICATES. i. E V E R Y P E R S O N OVER, BUT NOT UND E R E I G H T E E N Y E A R S OF AGE, and every joint stock company, shall be entitled to all the rights and privileges of a free miner, tinder these regulations and under the regulations governing quartz mining, and shall be considered a free miner upon taking out a free miner's certificate. A free miner's certificate issued to a joint stock company shall be issued in its corporate name. A free miner's certificate shall not be transferable. 2. A F R E E M I N E R ' S C E R T I F I C A T E may be granted for one year to run from the date thereof or from the expiration of the applicant's then existing certificate, upon the payment therefor of the sum of $10.00, unless the certificate is to be issued in favor of a joint stock company, in which case the fee shall be $50.00 for a company having a nominal capital of $100,000.00 or less, and for a company having a nominal capital exceeding $100,000.00, the fee shall be $100.00. Only one person or joint stock company shall be named in a certificate. 3. A free miner's certificate shall be in the following form: DOMINION OF CANADA. FREE MINER'S CERTIFICATE. (Non-transferable.) Date No Valid for one year only. This is to certify that of has paid me this day the sum of , and is entitled to all the rights and privileges of a free miner, 190 YUKON CERTIFICATES. DISTRICT. under any mining regulations of the Government of Canada, for one year from the day of 18 T H I S C E R T I F I C A T E S H A L L ALSO G R A N T TO T H E H O L D E R T H E R E O F T H E PRIVIL E G E OF F I S H I N G A N D SHOOTING, subject to the provisions of any Act which has been passed, or which may hereafter be passed for the protection of game and fish; also the privilege of cutting timber for actual necessities, for building houses, boats, and for general mining operations; such timber, however, to be for the exclusive use of the miner himself, but such permission shall not extend to timber which may have been heretofore or which may hereafter be granted to other persons or corporations. 4. F R E E M I N E R ' S C E R T I F I C A T E S MAY BE O B T A I N E D by applicants in person at the Department of the Interior, Ottawa, or from the agents of Dominion Lands at Winnipeg, Manitoba; Calgary, Edmonton, Prince Albert, in the Northwest Territories; Kamloops and New Westminster, in the Province of British Columbia; at Dawson City in the Yukon District; also from agents of the Government at Vancouver and Victoria, B. C , and at other places which may from time to time be named by the Minister of the Interior. 5. I F A N Y P E R S O N OR J O I N T STOCK COMPANY shall apply for a free miner's certificate at the agent's office during his absence, and shall leave the fee required by these regulations, with the officer or other person in charge of said office, he or it shall be entitled to have such certificate from the date of such application; and any free miner shall at any time be entitled to obtain a free miner's certificate commencing to run from the expiration of his then 191 YUKON DISTRICT. CERTIFICATES. existing free miner's certificate, provided that when he applies for such certificate he shall produce to the agent, or in case of his absence shall leave with the officer or other person in charge of the agent's office, such existing certificate. 6. I F ANY F R E E M I N E R ' S C E R T I F I C A T E BE A C C I D E N T A L L Y D E S T R O Y E D OR LOST, the owner thereof may, on payment of a fee of two dollars, have a true copy of it, signed by the agent, or other person by whom or out of whose office the original was issued. Every such copy shall be marked "Substituted Certificate;" and unless some material irregularity be shown in respect thereof, every original or substituted free miner's certificate shall be evidence of all matters therein contained. 7. NO P E R S O N OR J O I N T STOCK COMPANY W I L L BE R E C O G N I Z E D AS H A V I N G ANY R I G H T OR I N T E R E S T in or to any placer claim, quartz claim, mining lease, bed-rock flume grant, or any minerals in any ground comprised therein, or in or to any water right, mining ditch, drain, tunnel, or flume, unless he or it and every person in his or its employment shall have a free miner's certificate unexpired. And on the expiration of a free miner's certificate the owner thereof shall absolutely forfeit all his rights and interest in or to any placer claim, mining lease, bed-rock flume grant, and any minerals in any ground comprised therein, and in or to any and every water right, mining ditch, drain, tunnel, or flume, which may be held or claimed by such owner of such expired free miner's certificate, unless such owner shall, on or before the day following the expiration of such certificate, obtain a new free miner's certificate, Provided, nevertheless, that should any co-owner fail to keep up his free miner's certificate, such failure shall not cause a forfeiture or act as an abandonment 192 YUKON DISTRICT. CLAIMS. of the claim, but the interest of the co-owner who shall fail to keep up his free miner's certificate shall, ipso facto, be and become vested in his co-owners, pro rata according to their former interests; provided, nevertheless, that a shareholder in a joint stock company need not be a free miner, and, though not a free miner, shall be entitled to buy, sell, hold, or dispose of any shares therein. 8. E V E R Y F R E E M I N E R shall, during the continuance of his certificate, but not longer, have the right to enter, locate, prospect, and mine for gold and other minerals upon any lands in the Yukon District, whether vested in the Crown or otherwise, except upon Government reservations for town sites, land which is occupied by any building, and any land falling within the curtilage of any dwelling house, and any land lawfully occupied for placer mining purposes, and also Indian reservations. 9. P R E V I O U S TO ANY E N T R Y being made upon lands lawfully occupied, such free miner shall give adequate security, to the satisfaction of the Mining Recorder, for any loss or damage which may be caused by such entry; and after such entry he shall make full compensation to the occupant or owner of such lands for any loss or damage which may be caused by reason of such entry; such compensation, in case of dispute, to be determined by a court having jurisdiction in mining disputes, with or without a jury. 10. A C R E E K OR GULCH CLAIM S H A L L BE 250 F E E T LONG measured in the general direction of the creek or gulch. The boundaries of the claim which run in the general direction of the creek or gulch shall be lines along bed or rim rock three feet higher than the rim or edge of the creek, 13 193 YUKON CLAIMS* DISTRICT. or the lowest general level of the gulch within the claim, so drawn or marked as to be at every point three feet above the rim or edge of the creek or the lowest general level of the gulch, opposite to it at right angles to the general direction of the claim for its length, but such boundaries shall not in any case exceed 1,000 feet on each side of the center of the stream or gulch. I I . I F T H E B O U N D A R I E S BE LEvSS T H A N ONE H U N D R E D F E E T A P A R T HORIZONT A L L Y , they shall be lines traced along bed or rim rock one hundred feet apart horizontally, following as nearly as practicable the direction of the valley for the length of the claim. 12. A R I V E R CLAIM shall be situated only on one side of the river and shall not exceed 250 feet in length, measured in the general direction of the river. The other boundary of the claim which runs in the general direction of the river shall be lines along bed or rim rock three feet higher than the rim or edge of the river within the claim so drawn or marked as to be at every point three feet above the rim or edge of the river opposite to it at right angles to the general direction of the claim for its length, but such boundaries shall not in any case be less than 250 feet, or exceed a distance of 1,000 feet from low water mark of the river. 13. A " H I L L C L A I M " shall not exceed 250 feet in length, drawn parallel to the main direction of the stream or ravine on which it fronts. Parallel lines drawn from each end of the base line at right angles thereto, and running to the summit of the hill (provided the distance does not exceed 1,000 feet), shall constitute the end boundaries of the claim. 14. A L L O T H E R P L A C E R CLAIMS shall be 250 feet square. 194 YUKON DISTRICT. CLAIMS. 15. E V E R Y P L A C E R CLAIM S H A L L BE AS N E A R L Y AS POSSIBLE R E C T A N G U L A R IN FORM, and marked by two legal posts firmly fixed in the ground in the manner shown in diagram No. 4. The line between the two posts shall be well cut out so that one post may, if the nature of the surface will permit, be seen from the other. The flatted side of each post shall face the claim, and on each post shall be written on the side facing the claim a legible notice stating the name or number of the claim, or both if possible, its length in feet, the date when staked, and the full Christian and surname of the locator. 16. E V E R Y A L T E R N A T E T E N CLAIMS shall be reserved by the Government of Canada. That is to say, when a claim is located, the discoverer's claim and nine additional claims adjoining each other and numbered consecutively will be open for registration. Then the next ten claims of 250 feet each will be reserved for the Government, and so on. The alternate group of claims reserved for the Crown shall be disposed of in such manner as may be decided by the Minister of the Interior. 17. T H E P E N A L T Y FOR T R E S P A S S I N G upon a claim reserved by the Crown, shall be immediate cancellation by the Mining Recorder of any entry or entries which the person trespassing may have obtained, whether by original entry or purchase, for a mining claim, and the refusal by the Mining Recorder of the acceptance of any application which the person trespassing may at any time make for a claim. In addition to such penalty, the Mounted Police, upon a requisition from the Mining Recorder to that effect, shall take the necessary steps to eject the trespasser. 18. IN D E F I N I N G T H E SIZE OF CLAIMS, 195 YUKON DISTRICT. CLAIMS. they shall be measured horizontally irrespective of inequalities on the surface of the ground. 19. I F ANY F R E E M I N E R OR P A R T Y OF F R E E M I N E R S DISCOVER A N E W MINE, and such discovery shall be established to the satisfaction of the Mining Recorder, creek, river, or hill, claims of the following size shall be allowed, namely : To one discoverer, one claim, 500 feet in length. To a party of two discoverers, two claims, amounting together to 1,000 feet in length. To each member of a party beyond two in number, a claim of the ordinary size only. 20. A N E W S T R A T U M OF A U R I F E R O U S E A R T H OR G R A V E L situated in a locality where the claims have been abandoned shall for this purpose be deemed a new mine, although the same locality shall have been previously worked at a different level. 21. T H E FORMS OF A P P L I C A T I O N for a grant for placer mining, and the grant of the same, shall be those contained in Forms " H " and " I " in the schedule hereto. 22. A CLAIM S H A L L BE R E C O R D E D with the Mining Recorder in whose district it is situated, within ten days after the location thereof, if it is located within ten miles of the Mining Recorder's office. One extra day shall be allowed for every additional ten miles or fraction thereof. 23. IN T H E E V E N T OF T H E CLAIM BEING MORE T H A N ONE H U N D R E D M I L E S FROM A R E C O R D E R ' S OFFICE, and situated where other claims are being located, the free miners, not less than five in number, are authorized to meet and appoint one of their number a " F r e e Miner's Recorder," who shall act in that capacity until a 196 YUKON DISTRICT. CLAIMS. Mining Recorder is appointed by the Gold Commissioner. 24. T H E " F R E E M I N E R S ' R E C O R D E R " shall, at the earliest possible date after his appointment, notify the nearest Government Mining Recorder thereof, and, upon the arrival of the Government Mining Recorder, he shall deliver to him his records and the fees received for recording the claims. The Government Mining Recorder shall then grant to each free miner whose name appears in the records, an entry for his claim on form " I " of these regulations, provided an application has been made by him in accordance with form *' H ' ' thereof, the entry to date from the time the " F r e e Miners' Recorder" recorded the application. 25. I F T H E " F R E E M I N E R S ' R E C O R D E R " F A I L S within three months to notify the nearest Government Mining Recorder of his appointment, the claims which he may have recorded will be canceled. 26. D U R I N G T H E ABSENCE OF T H E MINING R E C O R D E R from his office, the entry for a claim may be granted by any person whom he may appoint to perform his duties in his absence. 27. E N T R Y shall not be granted for a claim which has'not been staked by the applicant in person in the manner specified in these regulations. An affidavit that the claim was staked out by the applicant shall be embodied in form " H " in the schedule hereto. 28. AN E N T R Y F E E of fifteen dollars shall be charged the first year, and an annual fee of fifteen dollars for each of the following years. This provision shall apply to claims for entries which have already been granted. 197 YUKON ROYALTY. DISTRICT. 29. A S T A T E M E N T OF T H E E N T R I E S granted and fees collected shall be rendered by the Mining Recorder to the Gold Commissioner at least every three months, which shall be accompanied by the amount collected. 30. A ROYALTY OF TEN PER CENT on the gold mined shall be levied and collected on the gross output of each claim. The royalty may be paid at banking offices to be established under the auspices of the Government of Canada, or to the Gold Commissioner, or to any Mining Recorder authorized by him. The sum of $2,500.00 shall be deducted from the gross annual output of a claim when estimating the amount upon which royalty is to be calculated, but this exemption shall not be allowed unless the royalty is paid at a banking office or to the Gold Commissioner or Mining Recorder. When the royalty is paid monthly or at longer periods, the deduction shall be made ratable on the basis of $2,500.00 per annum for the claim. If not paid to the bank, Gold Commissioner or Mining Recorder, it shall be collected by the customs officials or police officers when the miner passes the posts established at the boundary of a district. Such royalty to form part of the consolidated revenue, and to be accounted for by the officers who collect the same in due course.. The time and manner in which such royalty shall be collected shall be provided for by regulations to be made by the Gold Commissioner. 31. D E F A U L T IN P A Y M E N T OF SUCH ROYALTY, if continued for ten days after notice has been posted on the claim in respect of which it is demanded, or in the vicinity of such claim, by the Gold Commissioner or his agent, shall be followed by cancellation of the claim. Any attempt to defraud the Crown by withholding any part of the revenue thus provided 198 YUKON DISTRICT. ROYALTY. for, by making false statements of the amount taken out, shall be punished by cancellation of the claim in respect of which fraud or false statements have been committed or made. In respect to the facts as to such fraud or false statements or non-payment of royalty, the decision of the Gold Commissioner shall be final. 32. AFTER THE RECORDING OF A CLAIM the removal of any post by the holder thereof or by any person acting in his behalf for the purpose of changing the boundaries of his claim, shall act as a forfeiture of the claim. 33. T H E E N T R Y of every holder of a grant for placer mining must be renewed and his receipt relinquished and replaced every year, the entry fee being paid each time. 34. T H E H O L D E R OF A CREEK, GULCH OR R I V E R CLAIM may, within sixty days after staking out the claim, obtain an entry for a hill claim adjoining it, by paying to the Mining Recorder the sum of one hundred dollars. This permission shall also be given to the holder of a creek, gulch or river claim obtained under former regulations, provided that the hill claim is available at the time an application is made therefor. 35. NO M I N E R S H A L L R E C E I V E A G R A N T OF MORE T H A N ONE MINING CLAIM in a mining district, the boundaries of which shall be defined by the Mining Recorder, but the same miner may also hold a hill claim, acquired by him under these regulations in connection with a creek, gulch or river claim, and any number of claims by purchase ; and any number of miners may unite to work their claims in common, upon such terms as they may arrange, provided such agreement is registered 199 ROYALTY. YUKON DISTRICT. with the Mining Recorder and a fee of five dollars paid for each registration. 36. ANY F R E E M I N E R OR M I N E R S MAY SELL, mortgage or dispose of his or their claims, provided such disposal be registered with, and a fee of two dollars paid to the Mining Recorder, who shall thereupon give the assignee a certificate in the form " J " in the schedule hereto. 37. E V E R Y F R E E M I N E R shall during the continuance of his grant have the exclusive right of entry upon his own claim for the miner-like working thereof, and the construction of a residence thereon, and shall be entitled exclusively to all the proceeds realized therefrom, upon which, however, the royalty prescribed by these regulations shall be payable ; provided that the Mining Recorder may grant to the holders of other claims such right of entry thereon as may be absolutely necessary for the working of their claims, upon such terms as may to him seem reasonable. He may also grant permits to miners to cut timber thereon for their own use. 38. E V E R Y F R E E M I N E R shall be entitled to the use of so much of the water naturally flowing through or past his claim, and not already lawfully appropriated, as shall, in the opinion of the Mining ^ Recorder, be necessary for the due working thereof, and shall be entitled to drain his own claim free of charge. 39. A CLAIM S H A L L BE D E E M E D TO BE A B A N D O N E D and open to occupation and entry by any person when the same shall have remained unworked on working days, excepting during the close season, by the grantee thereof, or by some person on his behalf for the space of * seventy-two hours, unless sickness or other reasonable cause be * 72 hours means three consecutive days of 24 hours each. 200 YUKON DISTRICT. FORMS. shown to the satisfaction of the Mining Recorder, or unless the grantee is absent on leave given by the Mining Recorder, and the Mining Recorder, upon obtaining evidence satisfactory to himself, that this, ^Tovtsiou is not bsm^ com^liad mtK> Tfiajj <$&cel the entry given for a claim. 40. I F ANY CASES A R I S E FOR W H I C H NO PROVISION IS MADE in these regulations, the provisions of the regulations governing the disposal of mineral lands other than coal lands, approved by His Excellency the Governor in Council on the 9th of November, 1889, or such other regulations as may be substituted therefor, shall apply. FORM H.—A P P L I C A T I O N FOR G R A N T FOR P L A C E R MINING, AND A F F I D A V I T OF A P P L I C A N T . I (or we) of hereby apply, under the Yukon Placer Mining Regulations, for a grant of a claim for placer mining as defined in the said regulations, in (here describe locality) and I (or we) solemnly swear: 1. That from indications I (or we) have observed on the claim applied for, I- (or we) have reason to believe that there is therein a deposit of gold. 2. That I (or we) am (or are) to the best of my (or our) knowledge and belief the first to observe such indications, or: 3. That the said claim was previously granted to (here name the last grantee) but has remained unworked by the said grantee for not less than 4. That I (or we) am (or are) unaware that the land is other than vacant Dominion Lands. 201 YUKON DISTRICT. FORMS 5. That I (or we) did on the day of. . mark out on the ground, in accordance in every particular with the provisions of the mining regulations for the Yukon District, the claim for which I (or we) make this application, and in so doing I (or we) did not encroach on any other claim or mining location previously laid out by any other person. 6. That the length of the said claim, as nearly as I (or we) could measure, is feet, and that the description of this date hereto attached, signed by me (or us) sets (or set) forth in detail, to the best of my (or our) knowledge and ability, its position. 7. That I (or we) make this application in good faith, to acquire the claim for the sole purpose of mining to be prosecuted by myself (or us) or by myself and associates, or by my (or our) assigns. Sworn before me"! at Y (Signature) this day of 18.. . FORM I.—GRANT FOR P L A C E R MINING. No Department of the Interior, Agency 18.... In consideration of the payment of the fee of fifteen dollars prescribed by clause 28 of the mining regulations for the Yukon District, by (A. B.) of accompanying his (or their) application No dated. 18.., for a mining claim in (here insert description of locality). The Minister of Interior hereby grants to the said (A. B.) for the term of 202 YUKON DISTRICT. FORMS. one year from the date hereof, the exclusive right of entry upon the claim (here describe in detail the claim granted) for the miner-like working thereof, and the construction of a residence thereon, and the exclusive right to all the proceeds realized thereupon, upon which, however, the royalty prescribed by the regulations shall be paid. The said (A. B.) shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim, and not already lawfully appropriated, as shall be necessary for the due working thereof, and to drain his (or their) claim free of charge. This grant does not convey to the said (A. B.) any right of ownership in the soil covered by the said claim, and the said grant shall lapse and be forfeited unless the claim is continuously and in good faith worked by the said (A. B.) or his (or their) associates. The rights hereby granted are those laid down in the aforesaid mining regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are expressed herein or not. Mining Recorder. FORM J . — C E R T I F I C A T E OF T H E ASSIGNM E N T OF A P L A C E R MINING CLAIM. No Department of the Interior, Agency 18. . . . This is to certify that (B. C) of has (or have) filed an assign203 YUKON FORMS. DISTRICT. ment in due form, dated 18. . . . , and accompanied by a registration fee of two dollars, of the grant to (A. B.) of of the right to mine in (here insert description of claim) for one year from the 18. .. . This certificate entitles the said (B. C.) to all the rights and privileges of the said (A. B.) in respect to the claim assigned, that is to say, to the exclusive right of entry upon the said claim for the miner-like working thereof and the construction of a residence thereon, and the exclusive right to all the proceeds realized therefrom (upon which, however, the royalty prescribed by the regulations shall be paid), for the remaining portion of the year for which the said claim was granted to the said (A. B.) that is to say, until the day of 18... . The said (B. C.) shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim and not already lawfully appropriated, as shall be necessary for the due working thereof and to drain his claim, free of charge. This grant does not convey to the said (B. C.) any right of ownership in the soil covered by the said claim, and the said grant shall lapse and be forfeited unless the claim is continuously and in good faith worked by the said (B. C.) or his (or their) associates. The rights hereby granted are those laid down in the Yukon Placer Mining Regulations, and no more, and are subject to all the provisions of the said regulations, whether the same ~ are expressed herein or not. Mining Recorder. 204 YUKON DISTRICT. LEASES* REGULATIONS Governing the Issue of Leases to Dredge for Minerals in the Beds of Rivers in the Provisional District of Yukon, Northwest Territories. (Approved of by Order in Council No. 125., of the 18th January, 1898.) T H E FOLLOWING REGULATIONS ARE A D O P T E D FOR T H E ISSUE OF L E A S E S to persons or companies who have obtained a free miner's certificate in accordance with the provisions of the regulations governing placer mining in the Provisional District of Yukon, to dredge for minerals other than coal in the submerged beds or bars of rivers in the Provisional District of Yukon, in the Northwest Territories: 1. T H E L E S S E E shall be given the exclusive right to subaqueous mining and dredging for all minerals with the exception of coal in and along an unbroken extent of five miles of a river following its sinuosities, to be measured down the middle thereof, and to be described by the lessee in such manner as to be easily traced on the ground; and although the lessee may also obtain as many as five other leases, each for an unbroken extent of five miles of a river, so measured and described, no more than six such leases will be issued in favor of an individual or company, so that the maximum extent of river in and along which any individual or company shall be given the exclusive right above mentioned, shall under no circumstances exceed thirty miles. The lease shall provide for the 205 YUKON LEASES. DISTRICT. survey of the leasehold under instructions from the Surveyor General, and for the filing of the returns of survey in the Department of the Interior within one year from the date of the lease. 2. T H E L E A S E S H A L L BE FOR A T E R M OF T W E N T Y Y E A R S , at the end of which time all rights vested in, or which may be claimed by the lessee under his lease, are to cease and determine. The lease may be renewable, however, from time to time thereafter in the discretion of the Minister of the Interior. 3. T H E L E S S E E ' S R I G H T of mining and dredging shall be confined to the submerged beds or bars in the river below low water mark, that boundary to be fixed by its position on the first day of August in the year of the date of the lease. 4. T H E L E A S E S H A L L BE SUBJECT TO T H E R I G H T S OF A L L P E R S O N S who have received or who may receive entries for claims under the Placer Mining Regulations. 5. T H E L E S S E E S H A L L H A V E A T L E A S T O N E D R E D G E in operation upon the five miles of river leased to him, within two seasons from the date of his lease, and if, during one season when operations can be carried on, he fails to efficiently work the same to the satisfaction of the Minister of the Interior, the lease shall become null and void unless the Minister of the Interior shall otherwise decide. Provided that when any company or individual has obtained more than one lease, one dredge for each fifteen miles or portion thereof shall be held to be compliance with this regulation. 6. T H E L E S S E E S H A L L PAY A R E N T A L OF $100.00 per annum for each mile of river so leased to him. The lessee shall also pay to the 206 YUKON DISTRICT. LEASES. Crown a royalty of ten per centum on the output in excess of $15,000.00, as shown by sworn returns to be furnished monthly by the lessee to the Gold Commissioner during the period that dredging operations are being carried on; such royalty, if any, to be paid with each return. 6. T H E L E S S E E WHO IS T H E H O L D E R OF MORE T H A N ONE L E A S E shall be entitled to the exemption as to royalty provided for by the next preceding regulation to the extent of $15,000.00 for each five miles of river for which he is the holder of a lease; but the lessee under one lease shall not be entitled to the exemption as to royalty provided by the next two preceding regulations, where the dredge or dredges used by him have been used in dredging by another lessee, or in any case in respect of more than thirty miles. 7. T H E L E S S E E S H A L L BE P E R M I T T E D TO CUT free of all dues, on any land belonging to the Crown, such timber as may be necessary for the purposes of his lease, but such permission shall not extend to timber which may have been heretofore or may hereafter be granted to other persons or corporations. 8. T H E L E S S E E S H A L L NOT I N T E R F E R E in any way with the general right of the public to use the river in which he may be permitted to dredge, for navigation and other purposes; the free navigation of the river shall not be impeded by the deposit of tailings in such manner as to form bars or banks in the channel thereof, and the current or stream shall not be obstructed in any material degree by the accumulation of such deposits. 9. T H E L E A S E S H A L L P R O V I D E that any person who has received or who may receive entry under the Placer Mining Regulations shall be enti207 YUKON LEASES. DISTRICT. tied to run tailings into the river at any point thereon, and to construct all works which may be necessary for properly operating and working his claim. Provided that it shall not be lawful for such person to construct a wing-dam within one thousand feet from the place where any dredge is being operated, nor to obstruct or interfere in any way with the operation of any dredge. 10. T H E L E A S E S H A L L R E S E R V E all roads, ways, bridges, drains, and other public works, and all improvements now existing, or which may hereafter be made in, upon or under any part of the river, and the power to enter and construct the same, and shall provide that the lessee shall not damage nor obstruct any public ways, drains, bridges, works and improvements now or hereafter to be made upon, in, over, through, or under the river; and that he will substantially bridge or cover and protect all the cuts, flumes, ditches and sluices, and all pits and dangerous places at all points where they may be crossed by a public highway or frequented path or trail, to the satisfaction of the Minister of the Interior. I I . T H A T T H E L E S S E E , his executors, administrators, or assigns, shall not nor will assign, transfer or sublet the demised premises, or any part thereof, without the consent in writing of the Minister first had and obtained. 208 P A R T II. MINING LAWS OF CANADA. BRITISH COLUMBIA. BRITISH COLUMBIA. DEFINITIONS. AN ACT R E L A T I N G TO GOLD A N D O T H E R M I N E R A L S E X C E P T I N G COAL [as amended in 1897]. 1896, c. 34. 1897, c. 28. H E R MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. S H O R T T I T L E . — T h i s act may be cited as the "Mineral act, 1896." 2. I N T E R P R E T A T I O N . — I n the construction of this act the following expressions shall have the following meanings respectively, unless inconsistent writh the context: " M I N E " shall mean any land in which any vein or lode or rock in place, shall be mined for gold or other minerals, precious or base, except coal. " M I N E R A L " shall mean all valuable deposits of gold, silver, platinum, iridium or any of the platinum group of metals, mercury, lead, copper, iron, tin, zinc, nickel, aluminum, antimony, arsenic, barium, bismuth, boron, bromine, cadmium, chromium, cobalt, iodine, magnesium, manganese, molybdenum, phosphorus, plumbago, potassium, sodium, strontium, sulphur (or any combination of the aforementioned elements with themselves or with any other elements), asbestos, emery, mica and mineral pigments. L I M E S T O N E , MARBLE, CLAY OR ANY BUILDING STONE when mined for building purposes shall not be considered as mineral within the meaning of this act. "ROCK IN P L A C E " shall be deemed to mean and include mineral, not necessarily in a vein or lode; that is, when discovered in the same place or position in which it was originally formed or de211 BRITISH COLUMBIA. DEFINITIONS. posited, as distinguished from loose fragmentary or broken rock or float which, by decomposition or erosion of the rocks, is found in wash, loose earth, gravel or sand.* " V A L U A B L E D E P O S I T S OF M I N E R A L " shall be deemed to mean and include mineral "in place" in appreciable quantity, having a present or prospective value sufficient to justify exploration. " V E I N " OR "LODE."—Whenever either of these terms is used in this act, "rock in place" shall be deemed to be included. " M I N E R A L C L A I M " shall mean the personal right of property or interest in any mine. " M I N I N G P R O P E R T Y " shall include every mineral claim, ditch, mill site or water right used for mining purposes, and all other things belonging to a mine or used in the working thereof. " L E G A L P O S T " shall mean a stake standing not less than four feet above the ground, and squared or faced on four sides for at least one foot from the top, and each side so squared or faced shall measure at least four inches on its face so far as squared or faced, and any stump or tree cut off and squared or faced to the above height and size. Provided when the survey is made the center of the tree or stump where it enters the ground shall be taken as the point to or from which measurement shall be made. " L O C A T I O N L I N E " shall be the straight line between posts numbers one and two. " M I L L S I T E " shall mean a plot of ground located, as defined by this act, for the purpose of erecting thereon any machinery or other works for transporting, crushing, reducing or sampling ores, or for the transmission of power for working mines. i Nelson et al. v. J e r r y et al., 5 B. C. L. R. 396. 212 BRITISH COLUMBIA. FREE MINERS. " F R E E M I N E R " shall mean a person or joint stock company, or foreign company, named in and lawfully possessed of a valid existing free miner's certificate, and no other. " R E C O R D , " " R E G I S T E R " AND " R E G I S T R A T I O N " shall have the same meaning, and shall mean an entry in some official book kept for that purpose. " F U L L I N T E R E S T " shall mean any mineral claim of the full size, or one of several shares into which a mineral claim shall be equally divided. " C A U S E " shall include any suit or action. " J U D G M E N T " shall include " o r d e r " or "decree." " R E A L E S T A T E " shall mean any mineral land in fee simple under this or any act relating to gold mines, or to minerals other than coal. " J O I N T STOCK COMPANY" shall mean any company for mining purposes. (a) Incorporated under the "Companies' act, 1897," or any act repealed thereby; or (6) Registered as a foreign company under any act repealed by the "Companies' act, 1897;" or (c) Licensed or registered as an extra-Provincial company under the "Companies' act, 1897;" or (d) Incorporated by any special act. 1897, c. 28, s. 2. P A R T I. Free Miners and Their Privileges. 3. WHO MAY BE A F R E E MINER.—Every person over, but not under, eighteen years of age, and every joint stock company, shall be entitled to all the rights and privileges of a free miner, and shall be considered a free miner, upon taking out a 213 BRITISH COLUMBIA. FREE MINERS. free miner's certificate. A minor who shall become a free miner shall, as regards his mining property and liabilities contracted in connection therewith, be treated as of full age. A free miner's certificate issued to a joint stock company shall be issued in its corporate name. A free miner's certificate shall not be transferable. TO COMPANIES.—Notwith3 a. L I C E N S E S standing anything to the contrary in Section 4, of the "Mineral act, 1896," or Section 4, of the "Placer Mining act, 1891," or elsewhere in the said acts or other the mining laws of the Province, no free miner's certificate shall be issued to a joint stock company for a longer period than one year, and such certificate shall date from the 30th day of June in each year; and every free miner's certificate held by a joint stock company at the passing of this act shall be valid and existing until and shall expire on the 30th day of June, 1897. Upon applying to renew any such certificate on or before said 30th day of June, the joint stock company shall be entitled to a rebate of a proportionate amount of the fee paid for a certificate heretofore issued according to the further time for which it would, but for this section, have been valid. 1897, c. 2, s. 161. 4. D U R A T I O N OF C E R T I F I C A T E . — A free miner's certificate may be granted for one or more years, to run from the date thereof, or from the expiration of the applicant's then existing certificate, upon the payment therefor of the fees set out in the Schedule of Fees to this act. Only one person or one joint stock company shall be named therein. 5. FORM OF C E R T I F I C A T E . — A free miner's certificate shall be in the following form: 2H BRITISH COLUMBIA. BRITISH CERTIFICATE. COLUMBIA. Free Miner's Certificate. NOT TRANSFERABLE. Date, No. Valid for year only. This is to certify that of has paid me this day the sum of , and is entitled to all the rights and privileges of a free miner for year from the day of , 18 . (Signature of Gold Commissioner or Mining Recorder, as the case may be.) 6. A P P L I C A T I O N A T R E C O R D E R S OFFICE IN H I S ABSENCE.—If any person or joint stock company shall apply for a free miner's certificate at the Mining Recorder's office during his absence, and shall leave the fee required by this act with the officer or other person in charge of said office, he or it shall be entitled to have such certificate from the date of such application; and any free miner shall at any time be entitled to obtain a free miner's certificate, commencing to run at the expiration of his then existing free miner's certificate, provided that when he applies for such certificate he shall produce to the Mining Recorder, or in case of his absence shall leave with the officer or other person in charge of the Mining Recorder's office, such existing certificate. 7. " S U B S T I T U T E D C E R T I F I C A T E . " — If any free miner's certificate be accidentally destroyed of lost, the owner thereof may, on payment of the fees set out in the schedule to this act, have a-'true copy of it, signed by tfcie Mining Recorder, or other person by whom or out of whose office the 215 BRITISH CERTIFICATE. COLUMBIA. original was issued. Every such copy shall be marked tc substituted certificate," and unless some material irregularity be shown in respect thereof, every original or substituted free miner's certificate shall be evidence of all matters therein contained. 2 8. P E N A L T Y FOR MINING W I T H O U T C E R T I F I C A T E . — E v e r y person and joint stock company engaged in mining for minerals (other than coal) shall take out a free miner's certificate, and every person or joint stock company who mines or works as a miner in any mineral claim, mine held as real estate, or tunnel, or on any flume, drain or ditch, without having taken out and obtained such certificate, shall, on conviction thereof in a summary way, forfeit and pay a penalty not exceeding $25, besides costs. Provided, always, that nothing herein contained shall prejudice the right to collect wages or payment for work done by any person who, through not being a free miner, has rendered himself liable to the above penalty. 9. U N C E R T I F I C A T E D PERSON NOT ENT I T L E D TO I N T E R E S T IN MINING PROPERTY.—Subject to the proviso hereinafter stated, no person or joint stock company shall be recognized as having any right or interest in or to any mineral claim, or any minerals therein, or in or to any water right, mining ditch, drain, tunnel or flume, unless he or it shall have a free miner's certificate unexpired. And on the expiration of a free miner's certificate the owner thereof shall absolutely forfeit all his rights and interests in or to any mineral claim, and all and any minerals therein, and in or to any and every water right, mining ditch, drain, tunnel or flume, which may be held or claimed by such owner of such expired free miner's certificate, 2 Wells v. Petty, 5 B. C. L. R. 353; Stussi v. Browri, 5 B. C. L. R. 380. 2l6 BRITISH COLUMBIA. CERTIFICATE. unless such owner shall on or before the day following the expiration of such certificate, obtain a new free miner's certificate. I N T E R E S T OF A CO-OWNER F A I L I N G TO K E E P U P H I S L I C E N S E S H A L L V E S T IN T H E O T H E R CO-OWNERS.—Provided, nevertheless, should any co-owner fail to keep up his free miner's certificate, such failure shall not cause a forfeiture or act as an abandonment of the claim; but the interest of the co-owner who shall fail to keep up his free miner's certificate shall, ipso facto, be and become vested in his co-owners pro rata, according to their former interests. A S H A R E H O L D E R N E E D NOT H A V E SUCH LICENSE.—Provided, nevertheless, that a shareholder in a joint stock company need not be a free miner, and, though not a free miner, shall be entitled to buy, sell, hold or dispose of any shares therein. NOT TO A P P L Y W H E N CROWN G R A N T ISSUED. - A n d provided, also, that this section shall not apply to mineral claims for which a Crown grant has been issued. IN CASE OF P U R C H A S E OF CLAIM W H E R E D E F A U L T H A S B E E N MADE IN KEEPING UP CERTIFICATE. — P r o v i d e d , always, that if any person or company shall acquire, by purchase or otherwise, any mine or mineral claim, or interest therein, and it shall appear that some person or company through whom he or it claims title has neglected to take out or keep up a free miner's certificate, according to the provisions of this act, such person or company so acquiring such mine or mineral claim, or interest therein, may, # i t h i n one month from the time when he or it shall first acquire knowledge thereof, or if knowl217 BRITISH CERTIFICATE. COLUMBIA. edge already acquired within one month after this act becomes law, pay to the Recorder of the Mining Division in which the claim affected is situated the fee or fees which ought to have been paid by such person or company in default as aforesaid, and thereupon the title of such person or company so acquiring the said mine or mineral claim, or interest therein, shall be deemed to be and always to have been as good and effectual as if no such default had occurred, but this last proviso shall not affect litigation pending at the passage of this act. 3 10. O W N E R S A N D CONTRACTORS TO PAY L I C E N S E FOR EMPLOYES.—Every owner of a mine or mineral claim, and every contractor for the performance of any work upon a mine or mineral claim, shall pay the annual fee for a free miner's license for any person in their employment and liable for the fee, and may deduct the amount so paid on account of such person from the amount of salary or wages due or to become due to him from such employer upon production and delivery of the receipt for such tax to such person. TO F U R N I S H COLLECTOR W I T H L I S T OF EMPLOYES.—Every such owner or contractor shall furnish to the Mining Recorder or Collector, when requested by him so to do, from time to time, a list of all persons in his employ, or indirectly employed by him, liable to pay the said license fee; but no such statement shall bind the Recorder or Collector or excuse him from making due inquiry to ascertain its correctness. i i . PENALTY.—If any person fails to pay the said license fee for his employes, or to deliver to the Recorder or Collector the list mentioned in the preceding section when required to do so, or know3 Nelson et af. v. J e r r y et at.; 5 B. C. L, R. 396. 2-18 BRITISH COLUMBIA. CERTIFICATE. ingly states anything falsely in such list, such person shall be liable to a penalty not exceeding $100, to be recovered, together with the amount of the unpaid license fees, upon summary conviction before one justice of the peace. 12. W H E R E F R E E M I N E R MAY MINE, PROSPECT, ETC.—Every free miner shall, during the continuance of his certificate, but not longer, have the right to enter, locate, prospect and mine upon any waste lands of the Crown for all minerals other than coal, and upon all lands the right whereon to so enter upon, prospect and mine all minerals other than coal shall have been, or hereafter shall be, reserved to the Crown and its licensees, and also to enter, locate, prospect and mine for gold and silver upon any lands the right whereon to so enter and mine such gold and silver shall have been, or shall be, reserved to the Crown and its licensees. OCCUPIED LANDS. —Excepting out of all the above description of lands any land occupied by any building, and any land falling within the curtilage of any dwelling house, and any orchard, and any land for the time being actually under cultivation, and any land lawfully occupied for mining purposes other than placer mining, and also Indian reservations and military or naval reservations. H Y D R A U L I C WORKS.—Provided that where any hydraulic mining works, established in accordance with the "Placer Mining act, 1891," have been in operation, the land which may have been uncovered by the operation of such works shall not be located or mined upon by any free miner other than the person or persons carrying on such hydraulic works for a space of six months next after the same shall have been so uncovered. Provided, that in the event of such entry being made upon - lands 219 BRITISH CLAIMS. COLUMBIA. already lawfully occupied for other than mining purposes, and not being a portion of lands granted to and held by or for a railway company under any railway subsidy act heretofore or to be hereafter passed, such free miner shall give adequate security to the satisfaction of the Gold Commissioner or Mining Recorder for any loss or damages which may be caused by such entry if requested by the owner or owners of such land, and should he refuse to give such security when so requested his right to such claim or mine shall cease and determine. COMPENSATION.—Provided, that after such entry he shall make full compensation to the occupant or owner of such lands for any loss or damages which may be caused by reason of such entry; such compensation, in case of dispute, to be determined by the court having jurisdiction in mining disputes, with or without a jury. 4 1897, c. 28, s. 3. 13. R I G H T TO K I L L GAME.—Any free miner shall be at liberty, at any period of the year, while actually prospecting or engaged in mining, to kill game for his own use. 14. " P L A C E R MINING ACT."—A free miner shall have all the rights and privileges granted to free miners by the "Placer Mining act." 15. SIZE A N D FORM OF F R E E M I N E R ' S CLAIM.—Any free miner desiring to locate a mineral claim, shall, subject to the provisions of this act with respect to land which may be used for mining, enter upon the same and locate a plot of ground measuring where possible, but not exceeding 1,500 feet in length by 1,500 feet in breadth, in as nearly as possible a rectangular form; that is to say: All angles shall be right angles, except in cases where ' * Bainbridge v. Esqtiimalt, 4 B; C. L. R. 181. 220 JBHITISH COLUMBIA. CLAIMS. a boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional. In defining the size of a mineral claim, it shall be measured horizontally, irrespective of inequalities of the surface of the ground. 16. MODE OF S T A K I N G A CLAIM.—A mineral claim shall be marked by two legal posts, placed as near as possible on the line of the ledge or vein, and the posts shall be numbered i and 2, and the distance between posts 1 and 2 shall not exceed 1,500 feet, the line between posts Nos. 1 and 2 to be known as the location line, and upon posts Nos. 1 and 2 shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon No. 1 post there shall be written, in addition to the foregoing, ''Initial Post," the approximate compass bearing of No. 2 post, and a statement of the number of feet lying to right and to the left of the line from No. 1 to No. 2 post, thus: "Initial post. Direction of post No. 2. feet of this claim lie on the right, and feet on the left of the line from No. 1 to No. 2 post.'' RECORDING.—All the particulars required to be put on No. 1 and No. 2 posts shall be furnished by the locator to the Mining Recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim. MARKING.—When a claim has been located, the holder shall immediately mark the line between posts Nos. 1 and 2 so that it can be distinctly seen; in a timbered locality, by blazing trees and cutting underbrush, and in a locality where there is neither timber nor underbrush he shall set legal posts or erect monuments of earth or rock not less than two feet high and two feet in diameter at base, so that such line can be distinctly seen. 221 BRITISH COLUMBIA. CLAIMS. DISCOVERY POST.—The locator shall also place a legal post at the point where he has found rock in place, on which shall be written discovery post. Provided, that when the claim is surveyed the surveyor shall be guided by the records of the claim, the sketch plan on the back of the declaration made by the owner when the claim was recorded, posts i and 2, and the notice on No. 1, the initial post. EXAMPLES OF VARIOUS MODES OF LAYING OUT CLAIMS. i No. 2 Post. 750' - o - 750' Discovery Post c 750' 750' No. 1 Post. No. 2 Post. 250? 1250' Discovery ? Post. 250 1 1250' No. 1 Post. 1100 No. 2 Post. °\ 400' Discovery! Post. 1100' 400' No. 1 Post. IT SHALL NOT BE LAWFUL TO MOVE NO. 1 POST, but No. 2 post may be moved by the Provinicial Land Surveyor when the distance between Nos. 1 and 2 posts exceeds 1,500 feet in order to place No. 2 post 1,500 feet from No. 1 post on the line of location. When the distance between posts Nos. 1 and 2 is less than 1,500 feet, the Provincial Land Surveyor has no authority to extend the claim beyond No. 2. T H E " L O C A T I O N L I N E " shall govern the direction of one side of the claim, upon which the survey shall be extended according to this act. BRITISH COLUMBIA. CLAIMS. (a) T H E H O L D E R OF A M I N E R A L CLAIM shall be entitled to all minerals which may lie within his claim, but he shall not be entitled to mine outside the boundary lines of his claim continued vertically downwards. (b) T H I S ACT S H A L L NOT P R E J U D I C E T H E R I G H T S OF CLAIM OWNERS nor claim holders whose claims have been located under former acts. (c) NO M I N E R A L CLAIM OF T H E F U L L SIZE S H A L L BE R E C O R D E D without the application being accompanied by an affidavit or solemn declaration in the Form S, made by the applicant or some person on his behalf cognizant of the facts. That the legal notices and posts have been put u p ; that mineral has been found in place on the claim proposed to be recorded; that the ground applied for is unoccupied by any other person as a mineral claim, and is not occupied by any building > or any land falling within the curtilage of any dwelling house, or any orchard, or any land under cultivation, or any Indian reservation. In the said declaration shall be set out the name of the applicant, the number and date of his free miner's certificate, and the name of the place where the said certificate was issued, and the date of the location of the claim. The words written on the No. i and No. 2 posts shall be set out in full, and as accurate a description as possible of the position of the claim given, having special reference to any prior locations it may join. NO M I N E R A L CLAIM which at the date of its record is known by the locator to be less than a full sized mineral claim, shall be recorded without the word "fraction" being added to the name of the claim, and the application being accompanied by an 223 BRITISH CLAIMS. COLUMBIA. affidavit or solemn declaration in the Form T, made by the applicant or some person on his behalf cognizant of the facts. That the legal posts and notices have been put u p ; that mineral has been found in place on the fractional claim proposed to be recorded ; that the ground applied for is unoccupied by any other person as a mineral claim, and is not occupied by any building, or any land falling within the curtilage of any dwelling house, or any orchard, or any land under cultivation, or any Indian reservation. F R A C T I O N A L DESCRIPTION.—In the said declaration shall be set out the name of the applicant, the number and date of his free miner's certificate, and the name of the place where the said certificate was issued, and the date of the location of the claim. The words written on the No. i and No. 2 posts shall be set out in full, and as accurate a description as possible of the position of the claim given. A description of the land bounding the fractional claim on all sides shall state whether it is vacant Crown land or land occupied by mineral claims, with the .names of the claims. A sketch plan shall be drawn by the applicant on the back of declaration, showing as near as may be the position of the adjoining mineral claims, and the shape and size, expressed in feet, of the fraction desired to be recorded. (d) P R O V I D E D T H A T T H E F A I L U R E on the part of the locator of a mineral claim to comply with any of the foregoing provisions of this section shall not be deemed to invalidate such location, if upon the facts it shall appear that such locator has actually discovered mineral in place on said location, and that there has been on his part a bona fide attempt to comply with the provisions of this act, and that the non-observance of the formalities here224 BRITISH COLUMBIA. CLAIMS. inbefore referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity. 5 1897, c. 28, s. 4, 17. LOCATION MADE ON SUNDAY.—Any location made upon Sunday or any public holiday shall not for that reason be invalid, any law or statute to the contrary notwithstanding. 18. W H E R E S T A K I N G OUT CANNOT BE P R O P E R L Y DONE.—In cases where, from the nature or shape of the ground, it is impossible to mark the location line of the claim, as provided by this act, then the claim may be marked by placing legal posts as nearly as possible to the location line, and noting the distance and direction such posts may be from such location line, which distance and direction shall be set out in the record of the claim. 19. RECORD OF CLAIM.—Every free miner locating a mineral claim shall record the same with the Mining Recorder of the district within which the same is situate, within fifteen days after the location thereof, if located within ten miles of the office of the said Mining Recorder. One additional day shall be allowed for such record for every additional ten miles, or fraction thereof. Such record shall be made in a book to be kept for the purpose in the office of the said Mining Recorder, in which shall be inserted the name of the claim, the name of each locator, the number of each locator's free miner's certificate, the locality of the mine, the direction of the location line, the length in feet, the date of location and the date of the record. Such record shall be, as near as may be possible, in the Form B in the schedule to this act, and a certified copy thereof shall be given by the Mining Recorder to the free miner or his agent. A claim which shall 5 Granger v. Fotheringham, 3 B. C. L. R. 590. 15 225 BRITISH COLUMBIA. CLAIMS. not have been recorded within the prescribed period shall be deemed to have been abandoned. 20. W H E N A F R E E M I N E R IS E N T I T L E D TO RECORD.—A free miner shall not be entitled to a record of a mineral claim until he shall have furnished the said Mining Recorder with all the above particulars. 21/ MINING R E C O R D E R ' S OFFICE.—Upon the establishment of a mining division and the opening of a Mining Recorder's office therein, under the authority of this act, such office and none other shall be the proper office for recording all mineral claims within such mining division, and making all records in respect thereof. 22. RECORDING CLAIM IN WRONG DISTRICT.—If through ignorance any free miner shall record a mineral claim in a different mining division to that in which such claim is situate, such error shall not affect his title to such claim, but he shall, within fifteen days from the discovery of his error, record such claim in the mining division in which it is situate, and such new record shall bear the date of the first record, and a note shall be made thereon of the error and of the date of the rectification of the same. 23. A P P L I C A T I O N A T R E C O R D E R ' S OFF I C E IN H I S ABSENCE.—If a free miner applies at the Mining Recorder's office during his absence to record a mineral claim, or any document or other matter required by this act to be recorded, and leaves the fee required by this act, and the particulars and information required to enable the Mining Recorder to make such record, with the officer or other person in charge of said office, he shall be entitled to have such record dated on the date of such application. 226 BRITISH COLUMBIA. CLAIMS. 24. D U R A T I O N OF RECORD AND DUTY OF HOLDER.—Any free miner having duly located and recorded a mineral claim shall be entitled to hold the same for the period of one year from the recording of the same, and thence from year to year without the necessity of re-recording. Provided, however, that during each year, and each succeeding year, such free miner shall do, or cause to be done, work on the claim itself to the value of $100, and shall satisfy the Gold Commissioner or Mining Recorder that such work has been done, by an affidavit of the free miner or his agent, setting out a detailed statement of such work, and shall obtain from such Gold Commissioner or Mining Recorder, and shall record a certificate of such work having been done. Provided, also, that all work done outside of a mineral claim with intent to work the same shall, if such work have direct relation and be in direct proximity to the claim, be deemed, if to the satisfaction of the Gold Commissioner or Mining Recorder, for the purposes of this section, to be work done on the claim. A D J O I N I N G CLAIMS IN P A R T N E R S H I P . — Provided, further, that any free miner, or company of free miners holding adjoining mineral claims, or any two or more free miners who locate and record adjoining mineral claims, not exceeding eight in number, to be worked by them in partnership under the provisions of any act for the time being cin force, shall, subject to filing a notice of their intention with the Gold Commissioner or Mining Recorder, be allowed to perform on any one or more of such claims all the work required to entitle him or them to a certificate for work for each claim so held by him or them. If such work shall not be done, or if such certificate shall not be so obtained and recorded in each and every year, the claim shall 227 BRITISH CLAIMS. COLUMBIA. be deemed vacant and abandoned, any rule of law or equity to the contrary notwithstanding. 1897, c. 28, s. 5. 24a. LODES U N D E R A L L U V I A L DEPOSIT. —When a lode is supposed to cross a valley or under an alluvial deposit, and where such lode is indicated by its appearance on the side of the mountain leading into such valley, any free miner upon making a sworn statement before the Mining Recorder or Gold Commissioner of the district that there is a lode which has indications of running through and under such alluvial deposit, shall be entitled to a permit for three months to search for such lode over the area of a mineral claim, with the privilege of having such permit extended, on his proving to the satisfaction of the Gold Commissioner that he has bona fide searched for such lode and has expended, either in cash or labor, or both, not less than $100 in such search. During the existence of such permit the ground covered by the same shall not be open to record by any other miner. The fee for such permit, and each renewal of the same, shall be the same as the fee for a record. 1897, c. 28, s. 13. 25. P A Y M E N T I N S T E A D OP ASSESSMENT WORK.—The holder of a mineral claim may, in lieu of the work required to be done by Section 24 of this act, on a claim in each year, pay to the Mining Recorder in whose office the claim is recorded the sum of $100 and receive from such recorder and record a receipt for such payment. Such payment and the record thereof in any year shall relieve the person making it from the necessity of doing any work during the year in and for which and upon the claim in respect of which such payment is recorded. 26. S U R F A C E RIGHTS.—Notwithstanding anything to the contrary contained in any act, every 228 BRITISH COLUMBIA. CLAIMS. Crown grant hereafter issued of a mineral claim shall convey, and be deemed to convey, only the right to the use and possession of the surface of such claim, including the use of all the timber thereon, for the purpose of winning and getting from and out of such claim the minerals contained therein, including all operations connected therewith or with the business of mining, and the lawful holder by record of a claim shall, during the continuance of his record, be entitled to the same surface rights and no others, and all remaining surface rights shall be deemed to be vested in the Crown, and may be granted and disposed of as is provided by the land laws for the time being in force, but subject always to the rights of free miners as aforesaid. 1897, c. 28, s. 6. 27. P R I O R I T Y OF LOCATION IN CASES OF DISPUTE.—In case of any dispute as to the location of a mineral claim, the title to the claim shall be recognized according to the priority of such location, subject to any question as to the validity of the record itself, and subject, further, to the free miner having complied with all the terms and conditions of this act. 28. I R R E G U L A R I T I E S P R E V I O U S TO L A S T C E R T I F I C A T E S OF TITLE.—Upon any dispute as to the title to any mineral claim no irregularity happening previous to the date of the record of the last certificate of work shall affect the title thereto, and it shall be assumed that up to that date the title to such claim was perfect, except upon suit by the Attorney General based upon fraud. 29. NOT MORE T H A N ONE CLAIM TO BE H E L D BY F R E E MINER.—No free miner shall be entitled to hold in his own name, or in the name of any other person, more than one mineral claim 229 BRITISH COLUMBIA. CLAIMS. on the same vein or lode, except by purchase, but such free miner may hold by location a claim upon any separate vein or lode. 6 30. A B A N D O N M E N T OF CLAIM.—A free miner may at any time abandon any mineral claim by giving notice in writing of such intention to abandon to the Mining Recorder, and from the date of the record of such notice all interest of such free miner in such claim shall cease. 1897, c. 28, s. 7. 31. M A C H I N E R Y ON ABANDONED CLAIM. —When a free miner abandons a mineral claim he shall have the right to take from the same any machinery and any personal property which he may have placed on the claim, and any ore which he may have extracted therefrom, within such time as shall be fixed by the Gold Commissioner or Mining Recorder. 32. R E L O C A T I O N OF A B A N D O N E D CLAIM. •—No free miner shall be entitled to relocate any mineral claim or any portion thereof which he shall have failed to record within the prescribed period, or which he shall have abandoned or forfeited, unless he shall have obtained the written permission of the Gold Commissioner to make such relocation ; and he shall hold no interest in any portion of such mineral claim, by location, without such permission. 7 33. R I G H T TO LODES DISCOVERED IN A TUNNEL.—Where a tunnel is run for the development of a vein or lode the owner of such tunnel shall, in addition to any mineral claim legally held by him, have the right to all veins or lodes discovered in such tunnel. Provided, that the ground containing such veins or lodes be marked out by 6 Richards v. Price, 5 B. C. L. R. 362. i Nelson v. Jerry, 5 B. C. L. R. 396. 230 BRITISH CLAIMS. COLUMBIA. him as a mineral claim, and be duly recorded within fifteen days after such discovery; and, provided further, that such veins or lodes are not included in any existing mineral claim. Any money or labor expended in constructing a tunnel to develop a vein or lode shall be deemed to have been expended on such vein or lode. 34. I N T E R E S T IN CLAIM A C H A T T E L INT E R E S T . — T h e interest of a free miner in his mineral claim shall, save as to claims held as real estate, be deemed to be a chattel interest, equivalent to a lease, for one year, and thence from year to year, subject to the performance and observance of all the terms and conditions of this act. 35. P U R C H A S E OF M I N E R A L CLAIM.—Any lawful holder of a mineral claim shall be entitled to a Crown grant thereof on payment to the Government of British Columbia of the sum of $500 in lieu of expenditure on the claim. The intending purchaser shall comply with all the provisions of Section 36 of this act, except such as have respect solely to the work required to be done on claims. 36. C E R T I F I C A T E OF I M P R O V E M E N T S . Whenever the lawful holder of a mineral claim shall have complied with the following requirements, to the satisfaction of the Gold Commissioner, he shall be entitled to receive from the Gold Commissioner a certificate of improvements in respect of such claim, unless proceedings by the person claiming an adverse right under Section 37 of this act have been taken. 8 (a) W H A T WORK TO BE DONE B E F O R E C E R T I F I C A T E OF I M P R O V E M E N T S GRANTED.—Done or cause to be done work on the claim itself in developing a mine to the value of $500, 8 Woodbury v. Hudmit, 1 B. C. L. R. 39. 231 BRITISH COLUMBIA. CLAIMS. exclusive of all houses, buildings and other like improvements. For the purpose of this section, work done on the claim by a predecessor or predecessors in title shall be deemed to have been done by the applicant who receives a transfer of such claim. (1897, c. 28, s. 8.) (b) FOUND A VEIN.—Found a vein or lode within the limits of such claim. (c) SURVEY R E Q U I R E M E N T S FOR CERT I F I C A T E OF IMPROVEMENTS.—Had the claim surveyed by an authorized Provincial Land Surveyor, who shall have made three plats of the claim, and who shall have accurately defined and marked the boundaries of such claim upon the ground, and indicated the corners by placing monuments or legal posts at the angles thereof, and upon such monuments or posts shall be inscribed by him the name and the official designation of the claim, and the corner represented thereby, and who shall have, on completion of survey, forwarded at once the original field notes and plan direct to the Lands and Works Department. E V I D E N C E OF LOCATION.—After a certificate of improvements has issued in respect of any claim so surveyed, prima facie evidence of its location upon the ground may be given by any person who has seen and can describe the position of such posts purporting to be so marked as aforesaid, and the said field notes, or a copy thereof certified in accordance with the "Evidence act," shall be received in all courts as prima facie evidence of the facts which they purport to set forth. (d) NOTICE OF APPLICATION, ETC., TO BE POSTED.—Shall have posted on some conspicuous part of the land embraced in the survey a copy of the plat of the claim, and a legible notice in 232 BRITISH COLUMBIA. CLAIMS. writing, in Form F of the schedule to this act, of his intention to apply for a certificate of improvements, and shall also have posted a similar notice in the Mining Recorder's office, and such notice shall contain: (i) The name of the claim. (2) The name of the lawful holder thereof. (3) The number of such holder's existing free miner's certificate. (4) His intention to apply for certificate of improvements at the end of sixty days, for the purpose of obtaining a Crown grant. (5) The date of the notice. (e) PUBLICATION OF SUCH NOTICE IN GAZETTE.—Inserted a copy of such notice in the British Columbia Gazette and in a newspaper published and circulating in the division in which the claim is situated, or, in the absence of such local paper, in the one nearest thereto, for at least sixty days prior to such application, which insertion can be made at any time after the posting of the notice on the claim. (1897, c. 28, s. 8.) ( / ) F I L E D COPY OF O R I G I N A L N O T E S W I T H RECORDER.—Shall have filed with the Mining Recorder a copy of the surveyor's original field notes and plat immediately after posting the notice on the claim of his intention to apply for a certificate of improvements. (g) Filed with the Mining Recorder: (1) A F F I D A V I T IN FORM G.— Affidavit of the holder of the claim, or his agent, in the Form G in schedule of this act. (A) MINING R E C O R D E R ' S DUTIES T H E R E U P O N . — A t the expiration of the term of the said publication, provided no action shall have been commenced and notice thereof filed with the 233 BRITISH COLUMBIA. ADVERSE RIGHTS. Mining Recorder, he shall forward to the owner or agent, under Form I of the schedule to this act, the documents referred to above, together with a certificate that the notice provided by Section 36, subsection (d), has been posted in his office, and the field notes and plan deposited for reference therein from the date of the first appearance of the said notice in the British Columbia Gazette and continuously therefrom for a period of at least sixty days. The recorder shall also set out in Form I the name of the recorded owner of the claim at the date of signing the same. 36a. C O S T O F S U R V E Y COUNTED AS WORK DONE ON CLAIM.—The owner of a mineral claim who has had his claim surveyed within one year from the date of the record of the claim, or if the claim was recorded before the passing of this act, then if surveyed within one year from the passing of this act, and has filed in the office of the Mining Recorder in the Mining Division in which the claim is situated, a declaration by a Provincial Land Surveyor, stating that he has surveyed the claim as required by sub-section (c) of Section 36, of the "Mineral act,'' and that he has delivered two plats of the claim and a copy of the original field notes to the owner of such claim, then the owner of such claim shall be entitled to have the cost of such survey, not to exceed $100, counted as work done on the claim. 1897, c. 2 8 , s. 11. 37. C E R T I F I C A T E O F IMPROVEMENTS NOT TO BE I M P E A C H E D E X C E P T FOR FRAUD.—(1.) A certificate of improvements when issued as aforesaid shall not be impeached in any court on any ground except that of fraud. 9 A D V E R S E CLAIMANT.—ACTION TO BE COMMENCED.—(2.) In case any person shall 9 Nelson v. Jerry, 5 B. C. L. R. 396. 234 BRITISH COLUMBIA. ADVERSE RIGHTS. claim an adverse right of any kind, either to possession of the mineral claim referred to in the application for certificate of improvements or any part thereof, or to the minerals contained therein, he shall, within sixty days after the publication in the British Columbia Gazette of the notice referred to in Section 36 hereof (unless such time shall be extended by special order of the court upon cause being shown), commence an action in the Supreme Court of British Columbia to determine the question of the right of possession or otherwise enforce his said claim, and shall file a copy of the writ in said action with the Mining Recorder of the district or mining division in which the said claim is situate within twenty days from the commencement of said action, and shall prosecute the said suit with reasonable diligence to final judgment, and a failure to so commence or so to prosecute shall be deemed to be a waiver of the plaintiff's claim. C E R T I F I E D COPY OF J U D G M E N T MAY BE FILED.—After final judgment shall have been rendered in the said action the person or any one of the persons entitled to the possession of the claim or any part thereof, may file a certified copy of the same in the office of the Mining Recorder. CERTIFICATE O F IMPROVEMENTS A F T E R JUDGMENT.—After the filing of the said judgment, and upon compliance with all the requirements of the next preceding section, such person or persons shall be entitled to the issue to him or to them of a certificate of improvements in respect of the claim or the portion thereof which he or they shall appear from the decision of the court rightly to possess. P E N D I N G LITIGATION.—Provided, that this section shall not apply to any adverse claim filed 235 BRITISH COLUMBIA. ADVERSE RIGHTS. or action to enforce the same commenced prior to the date of this act coming into force, but the same shall be continued in the same manner as if this act had not been passed. l ° 37a. ONUS OF P R O O F ON CLAIMANT.—If any person shall in any suit or matter claim an adverse right of any kind to the mineral claim comprised in any record, or to any part thereof, or shall claim that any record is invalid or has been improperly obtained, or that the holder thereof has not complied with the provisions of the act under which the location and record were made, or has not prior to the obtaining of such record made a good and valid location of such mineral claim according to law, the onus of proof thereof shall be on the person so claiming an adverse right, or so claiming that such record is invalid and has been improperly obtained as aforesaid, and in default of such proof judgment shall be given for the holder of such prior record in so far as such action, suit or matter relates to any of the matters aforesaid. 1897, c. 28, s. 15. 38. E F F E C T OF C E R T I F I C A T E OF IMPROVEMENTS.—After the issuing and recording of such certificate of improvements, and while such certificate shall be in force it shall not be necessary to do any work on such claim. 39. R E C O R D OF C E R T I F I C A T E OF IMP R O V E M E N T S E N T I T L E S O W N E R TO CROWN GRANT.—On the granting and recording of such certificate of improvements in respect to a mineral claim situate outside of the Railway Belt, the holder thereof shall be entitled to a Crown grant of such claim without the payment of the $500 required by Section 35. 10 Re Maple Leaf, Etc., 2 B. C. L. R. 323. 236 BRITISH COLUMBIA. CROWN GRANT. R A I L W A Y BELT.—And on the granting and recording of such certificate of improvements in respect of a mineral claim situate inside the RailwayBelt, the holder thereof shall be entitled to a Crown grant of such claim on the payment of $5 per acre to the Mining Recorder. 40. A P P L I C A T I O N F O R CROWN GRANT.— The holder of a mineral claim for which a certificate of improvements has been granted and recorded shall make application for a Crown grant to the Gold Commissioner, inclosing his certificate of improvements, the Crown grant fee of $5, the Mining Recorder's certificate, Form I, the field notes and plat and the affidavit, Form G, within three months from the date of such certificate of improvements, and in default of such application having been made within such time such certificate of improvements shall lapse and become absolutely void. 41. T R A N S F E R OF CLAIM A F T E R A P P L I CATION FOR CERTIFICATE.—If the holder of a mineral claim, after applying for a certificate of improvements, shall sell and transfer such claim to another free miner, upon satisfactory proof of such sale and transfer being made to the Gold Commissioner, the new holder of the claim shall be entitled to a certificate of improvements in his own name. And if a sale and transfer shall be made to any person or company after a certificate of improvements shall have been issued, upon proper proof of such sale and transfer being made to the satisfaction of the Chief Commissioner of Lands and Works, the Crown grant shall issue to the new holder of the claim. 42. N O T TO T R A N S F E R A F T E R C E R T I F I CATE U N T I L CROWN GRANT.—When a holder of a mineral claim has taken out his certificate of 237 BRITISH COLUMBIA. CROWN GRANT. improvements he shall not record any transfer of his rights in the said claim until he obtains his Crown grant. 43. CROWN G R A N T DOES NOT INVALID A T E A LIEN.—The issuance of a Crown grant shall not invalidate any lien which may have attached to any mineral claim previous to the issuance of such Crown grant. 44. W H A T PASSES BY CROWN G R A N T ON W A S T E LAND.—A Crown grant of a mineral claim located on any waste lands of the Crown shall be deemed to transfer and pass the right to all minerals within the meaning of this act (excepting coal) found in veins, lodes or rock in place, and whether such minerals are found separately or in combination with each other, in, upon or under the land in the said Crown grant mentioned. x 1 45. W H A T PASSES BY CROWN G R A N T W H E N A L L M I N E R A L S (SAVE COAL) H A V E B E E N RESERVED.—Crown grants of mineral claims located on lawfully occupied lands, the right whereon to enter, prospect and mine all minerals (other than coal) has been reserved to the Crown and its licensees, shall pass to the grantee all minerals within the meaning of this act (other than coal) found in veins or lodes or rock in place, and whether such minerals are found separately or in combination with each other, which may be in, upon or under the land in the said Crown grant mentioned, and including all the rights given to mineral claim holders of mineral claims so located, but such Crown grant shall expressly reserve the rights of such prior occupant. 11 In re Good F r i d a y , 4 B. C. L. R. 497; T r a s k v. Pellent, 5 B. C. L. R. 1; Kenney v. H a r r i s , 5 B. CYL. R. 229; Kilbourne v. McGnigan, 5 B. C. L. R. 233; Corbin v. Lookout M. Co., 5 B. C. L. R. 281. 238 BRITISH COLUMBIA. CROWN GRANT. IN CASE OF T I M B E R LEASE.—(Where the mineral claim is located on land lawfully occupied under a timber lease, the Crown grant shall convey the surface and minerals within the meaning of this act (save coal) found in veins or lodes or rock in place, but shall reserve the timber.) 46. W H A T PASSES BY CROWN G R A N T W H E N GOLD AND S I L V E R HAS B E E N R E SERVED.—Crown grants of mineral claims located on lawfully occupied lands, the right whereon to enter and mine gold and silver has been reserved to the Crown and its licensees, shall pass to the grantee all the gold and silver found in veins or lodes or rock in place, which may be in, upon or under the land in the said Crown grant mentioned, and including all the rights given to mineral claim holders of mineral claims so located; but such Crown grant shall expressly reserve the rights of such prior occupant. 46a. P U R C H A S E BY CROWN G R A N T E E OF M I N E R A L CLAIM OF SURFACE R I G H T S ON W A S T E LANDS.—The lawful holder of a Crown grant of a mineral claim issued under the provisions of this act shall, in cases where such mineral claim has been located on waste lands of the Crown or on lands not already lawfully occupied for other than mining purposes, be entitled to receive a Crown grant of all the surface rights of such mineral claim on payment to the Government of British Columbia of the sum of $5 per acre for such land, and of the fee of $5 for the Crown grant. 1897, c. 28, s. 12. 46b. R E P E A L OF ACTS D E E M E D TO H A V E CLAUSES SAVING R I G H T OF M I N E R A L CLAIM H O L D E R S TO OBTAIN CROWN GRANTS.—Notwithstanding the repeal of any acts relating to mineral claims or the saving clauses of 239 BRITISH CROWN COLUMBIA. GRANT. any such repealing acts, all such repealing acts shall be deemed to have contained provisions declaring the holders of records of mineral claims entitled to apply for Crown grants thereof under the provisions of the law in force at the time of such applications, and that the procedure upon any such applications shall be that prescribed by the statutes in force at the time of such applications, the grants thereafter vesting in the holders such rights as were declared by the statutes in force at the date of record of such mineral claims. Provided, however, that nothing contained in this section shall impair or in any way restrict the rights and privileges conferred on owners of mineral claims by the preceding section of this act. 1897, c. 28, s. 16. 46c. V A L I D A T I O N OF CROWN GRANTS H E R E T O F O R E I S S U E D . — A l l Crown grants heretofore issued to the holders of mineral claim records shall be deemed to have been validly issued so far as relates to the procedure upon the application to obtain same, if in the application therefor the holder thereof observed either the procedure prescribed by the statutes in force at the time of the record of such mineral claims, or the procedure prescribed by the statutes in force at the time of the applications for Crown grants thereof. 1897, c. 28, s. 17. 47. A D V E R S E CLAIM A F F E C T I N G ONLY PORTION OF CLAIM.—If an adverse claim shall only affect a portion of the ground for which a certificate of improvements is applied, the applicant may relinquish the portion covered by the adverse claim, and still be entitled to a certificate of improvements for the undisputed remainder of his claim, upon complying with the requirements of this act. 48. A F T E R J U D G M E N T IS GIVEN.—When 240 BRITISH COLUMBIA. RECORDING. judgment in such case is rendered by the court, a memorandum of such judgment shall be entered in the "Record Book;" and if by any judgment the original boundaries of any claim shall be changed, a plat made by a Provincial Land Surveyor, and signed by the judge by whom the judgment has been given, shall be filed in the office of the Mining Recorder. 49., RECORD OF T I T L E NOT R E A L ESTATE.—Every conveyance, bill of sale, mortgage or other document of title relating to any mineral claim, not held as real estate or mining interest, shall be recorded within the time prescribed for recording mineral claims. Provided, always, that the failure to so record any such document shall not invalidate the same as between the parties thereto, but such documents as to third parties shall take effect from the date of record, and not from the date of such document. A F T E R CROWN G R A N T . — A n d provided further, that after the issuance of a Crown grant for any mineral claim it shall not be necessary to register any transfer or other document of title executed subsequent to such Crown grant with the Mining Recorder of the district in which the said claim is situated, but all documents relating to the same may thereafter be registered in the same manner as are other documents of title relating to the transfer of real estate. " L A N D R E G I S T R Y ACT."—And all the provisions of the " L a n d Registry act," and any amendments thereto, shall apply to such registration. 1 2 50. T R A N S F E R S TO BE IN WRITING.—No transfer of any mineral claim, or of any interest 12 Atkins v. Coy, 5 B. C. L. R. 8. 241 BRITISH COLUMBIA RECORDING therein, shall be enforceable unless the same shall be in writing, signed by the transferrer or by his agent authorized in writing, and recorded by the Mining Recorder. AGENT.—And if signed by an agent, the authority of such agent shall be recorded before the record of such transfer. " L A N D R E G I S T R Y ACT. "—All mineral claims derived under Crown grant, and every transfer thereof, or any interest therein, shall be registered under the provisions of the " L a n d Registry act." 50a. LOCATOR TO ASSIGN I N T E R E S T IN CLAIM IN WRITING.—No free miner shall be entitled to any interest in any mineral claim which has been located and recorded by any other free miner unless such interest is specified and set forth in some writing signed by the party so locating such claim. 1897, c. 28, s. 14. 51. T R A N S F E R S U N D E R " G O L D MINING A M E N D M E N T ACT, 1873."—The transfer of any real estate acquired under the provisions of the "Gold Mining Amendment act, 1873," shall be in writing, signed by the transferrer or his agent authorized in writing, and need not be by deed or under seal. 52. CLAIM OF M I N E R D U R I N G I L L N E S S A N D A F T E R DEATH.—No mineral claim shall be open to location by any other person during the last illness, nor, unless with the permission in writing of the Gold Commissioner, for twelve months after the death of the lawful holder. 53. F A U L T S O F G O V E R N M E N T OFFICIALS.—No free miner shall suffer from any acts of omission, or commission, or delays on the 242 BRITISH COLUMBIA. RECORDING-MILL SITES. part of any Government official, if such can be proven. 1 3 54. LOCATION OF MILL SITES.—A free miner may locate any unoccupied and unreserved Crown land not known to contain mineral, and not exceeding five acres, as a mill site. No free miner shall be entitled to obtain and hold under this section more than one mill site for each mineral claim lawfully held by him. Such mill site shall be as nearly as possible in the form of a square. On locating a mill site, the free miner shall comply with the following requirements: (a) Mark out the land by placing a legal post at each corner. (b) Post a notice on each post, stating— i. The name of such free miner. 2. The number of his free miner's certificate. 3. His intention, at the expiration of sixty days from the date of the notice, to apply for the land as a mill site. 4. The date of the notice. (c) Post a copy of such notice on the office of the Mining Recorder. 55. R E C O R D E R MAY G R A N T L E A S E FOR ONE YEAR.—On the expiration of sixty days after the fulfillment of the above requirements, the free miner shall deposit, in duplicate, in the office of the Mining Recorder, a plat of the said land made by an authorized Provincial Land Surveyor, and prove by affidavit that he has complied with the above requirements, and that the said land is not known to contain minerals, and shall furnish such other proof of the non-mineral character of the land as the Gold Commissioner may require; the free miner shall then be entitled to a lease, for one year, of the said v» Granger v. Fotheringham, 3 B. C. L. R. 590. 243 BRITISH COLUMBIA. MILL SITES, land, which lease shall be executed by the Gold Commissioner. CROWN GRANT.—PRICE.—If, during the continuance of such lease, such free miner shall prove to the satisfaction of the Gold Commissioner that he has put or constructed works, or machinery for mining or milling purposes, on the said mill site, of the value of at least $500, he shall be entitled to a Crown grant of such mill site upon payment of $5 per acre for such land. Any free miner now having a lease of a piece of land for a mill site, upon proving to the satisfaction of the Gold Commissioner that he has put or constructed works, or machinery for mining or milling purposes, on the said mill site of the value of at least $500, shall, on payment of $5 per acre, be entitled to a Crown grant of such mill site. 56. A P P L I C A T I O N FOR CROWN G R A N T OF MILL SITE.—On applying for a Crown grant of a mill site, the free miner shall— (1) Pay the sum of $5 per acre to the Mining Recorder. (2) Deposit with the Mining Recorder the following documents: (a) Lease of the mill site. (b) Plat of the mill site. (c) Surveyor's original field notes. (d) A certificate from the Gold Commissioner that works or machinery for mining or milling purposes have been put or constructed on the mill site to the value of at least $500. (e) Application for the Crown grant. 57. W H A T PASSES BY CROWN GRANT OF MILL SITE.—Crown grants of mill sites shall pass to the grantee all the surface of the land in the said Crown grant mentioned, but all such Crown grants 244 BRITISH COLUMBIA. TUNNELS.—PARTNERSHIP: shall expressly reserve all minerals under the said land, and the right to the Crown and its licensees to enter and mine the said minerals. 58. L I C E N S E TO R U N T U N N E L S A N D DRAINS.—Any free miner, being the holder of a mineral claim or mine held as real estate, may, at the discretion of the Gold Commissioner, obtain a license to run a drain or tunnel, for drainage or any other purpose connected with the development or working of such claim or mine, through any occupied or unoccupied lands, whether mineral or otherwise, upon security being first deposited or given to such Gold Commissioner to his satisfaction for any damage that may be done thereby, arid upon such other terms as he shall think expedient. [Sections 59 to 79, inclusive, repealed by 1897, c. 28, s. 19.] P A R T III. Mining Partnership. 80. MINING P A R T N E R S H I P S ; APPLICATION.—All mining partnerships shall be governed by the provisions hereof, unless they shall have other and written articles of partnership. 81. P A R T N E R S H I P TO BE ANNUAL.—A mining partnership shall, unless otherwise agreed upon, be deemed to be a yearly partnership, renewable from year to year by tacit consent. 82. SCOPE OF P A R T N E R S H I P . — T h e business of the partnership shall be mining and such other matters as pertain solely thereto. 83. R E C O R D OF M I N I N G P A R T N E R S H I P S . —Mining partnerships can locate and record in the partnership name a mineral claim for each partner, 245 BBITISH COLUMBIA. PARTNERSHIPS. but the name of every partner, and the number of every partner's free miner's certificate shall be on the record of every such claim. The partnership name must appear on every such record, and all the claims so taken up shall be the property of the partnership: Provided, always, that no free miner who is the member of a mining partnership, holding by right of location a mineral claim, shall be entitled to hold by right of location in his own name or in the name of any other partnership any interest in any other mineral claim on the same vein or lode on which the partnership claim is situate. 84. ONE P A R T N E R F A I L I N G TO K E E P U P F R E E M I N E R ' S C E R T I F I C A T E . — S h o u l d any partner fail to keep up his free miner's certificate, such failure shall not cause a forfeiture, or act as an abandonment of the partnership claim, but the share of the partner who shall so fail to keep up his free miner's certificate shall, ipso facto, be and become vested in his partners, pro rata, according to their former interests, on the said partners paying the free miner's certificate for the year. 85. P A R T N E R ' S R I G H T TO VOTE.—A partner in any mining partnership or his agent authorized in writing shall, at any meeting thereof, be entitled to vote upon any interest or fraction of an interest which he may hold therein; but the result of the votes given shall be determined by the number of the full interests voted upon, and not by the number of partners voting at such meeting. S6. MAJORITY TO MAKE ASSESSMENTS. —A majority of such votes may decide when, how long, and in what manner to work the partnership claim, the number of men to be employed, and the extent and manner of levying the assessments to defray the expenses incurred by the partnership: 246 BBITISH COLUMBIA. PARTNERSHIPS. Such majority may also choose a foreman or manager, who shall represent the partnership, and sue and be sued in the name of the partnership for assessments and otherwise; and he shall have power to bind them by his contracts: Every partner, or his duly authorized agent, shall be entitled to represent his interest in the partnership property by work and labor so long as such work and labor be satisfactory to the foreman or manager. In the event of such workman being discharged by the foreman or manager, the Court having jurisdiction in mining disputes may, if requested, summon the foreman or manager before it, and upon hearing the facts make such order as it shall deem just. 87. ASSESSMENTS TO BE PAID W I T H I N T H I R T Y DAYS.—All assessments shall be payable within thirty days after being made. 88. D E F A U L T IN PAYMENT OF ASSESSM E N T BY P A R T N E R . — A n y partner making default in payment after receiving a notice specifying the amount due by him, shall, if such amount be correct, be personally liable therefore to the partnership, and his interest in the partnership property may be sold by the partnership for the payment of the debt, and any further assessment which may have accrued thereon up to the day of sale, together with all costs and charges occasioned by such default; and if the proceeds of the sale be insufficient to pay off the several sums mentioned, the court having jurisdiction in mining disputes, upon being applied to, shall issue an order directed to the sheriff to seize and sell any other personal property of the debtor. Notices of sale shall, in either of the above cases, be conspicuously posted thirty clear days prior to the day of sale in the vicinity of such mining or other property, and on the Court House or Mining Recorder's office nearest thereto. But if 247 BRITISH COLUMBIA. PARTNERSHIPS. such partner be absent from the district such notices shall be posted as aforesaid sixty clear days before the day of sale, and a copy of such notice shall be published in some newspaper circulating in the district wherein such mining or other property is situate. Such sale shall be by public auction to the highest bidder. The purchaser shall be entitled to possession of the property sold, and to a bill of sale therefor signed by the auctioneer; such bill of sale shall confer such title upon the purchaser as the owner had. And for the purpose of carrying out the provisions of this section the Mining Recorder of the mining division in which the property to be sold is situate, or some one appointed by him, may act as auctioneer. 89. E F F E C T OF NOTICE OF ABANDONMENT.—After a notice of abandonment in writing shall have been served on the foreman or manager of a partnership by any member thereof, and duly recorded, such member shall not be liable for any debts or other liabilities of the partnership incurred after service and record of such notice, and no member shall be deemed to have abandoned an interest until service and record of such notice. 90. T I T L E TO A B A N D O N E D S H A R E V E S T S IN C O N T I N U I N G PARTNERS.—Upon the abandonment of any share in a mining partnership, the title to the abandoned share shall vest in the continuing partners, pro rata, according to their former interests. 91. P A R T N E R MAY S E L L H I S I N T E R E S T . —Any partner shall be entitled to sell, or contract for the sale of, his interest in the partnership property, but such interest shall continue liable for all the debts of the partnership. 248 BRITISH COLUMBIA. LIMITED LIABILITY. 92. A F T E R SALE, P A R T N E R NOT L I A B L E FOR D E B T S OF P A R T N E R S H I R — N o partner shall, after a bill of sale conveying his interest has been recorded, be liable for any indebtedness of the partnership incurred thereafter. 93. L I M I T E D LIABILITY.—Any mining partnership composed of two or more free miners may limit the liability of its members, upon complying with the requirements following, that is to say: Upon filing with the Mining Recorder a declaratory statement containing the name of the partnership, the location and size of every partnership claim, and the particular interest of each partner; and also placing upon a conspicuous part of every such claim, in large letters, the name of the partnership, followed by the words *' Limited Liability.'' 94. A D D I T I O N OF L I M I T E D L I A B I L I T Y TO COMPANY'S NAME.—The words "Limited Liability'' shall thereupon become part of the partnership name. 95. E F F E C T OF L I M I T E D LIABILITY.— After such conditions shall have been complied with, no member of such partnership shall be liable for any indebtedness incurred thereafter beyond an amount proportioned to his interest in the partnership. 96. ACCOUNTS TO BE KEPT.—Every such partnership shall keep a correct account of its assets and liabilities, together with the names of the partners, and the interest held by each, and shall make out a monthly balance sheet showing the names of the creditors, and the amounts due to each, and file the 1 same among the papers of the partnership ; and such balance sheet and all the books of the partnership shall be open to the inspection of creditors at all reasonable hours. 249 LIMITED BRITISH COLUMBIA. LIABILITY. 97. P A R T N E R MAY SELL.—Every partner in such partnership shall be at liberty to sell or dispose of his interest therein, or of any part thereof, to any other free miner. 98. A F T E R SALE, P A R T N E R NOT L I A B L E FOR D E B T S OF P A R T N E R S H I P . — N o member of such partnership, after a bill of sale conveying his interest has been duly recorded, or after he has served a notice of abandonment of his interest on the foreman, and left a copy thereof with the Mining Recorder, shall be liable for any indebtedness of the partnership incurred thereafter. 99. DIVIDENDS.—No such partnership shall declare any dividend until all its liabilities have been paid. 100. A P P O I N T M E N T OF FOREMAN.—Every such partnership shall appoint a foreman or manager, who shall represent the partnership, who shall sue and be sued in the name of the partnership, and his contracts in relation to the business of the partnership shall be deemed to be the contracts of the partnership. 101. TO W H A T P A R T N E R S H I P IS LIABLE. —No such partnership shall be liable for any other indebtedness than that contracted by its foreman or manager, or by his agent duly authorized in writing. 102. F A I L U R E TO COMPLY W I T H PROVISIONS.—Should any such partnership fail to comply with any of the provisions of this act relating exclusively to "limited liability" partnerships, such partnerships shall, from the date of such failure, cease to be a "limited liability" partnership. 250 BRITISH COLUMBIA. RECORDERS. P A R T IV. 103. A P P O I N T M E N T OF MINING RECORDER.—The Lieutenant Governor in Council may appoint any person to be a Mining Recorder in and for any part of the Province. 104. E L E C T I O N OF R E C O R D E R BY MINERS.—Where mineral land is discovered in a part of the Province so situate that the provisions of this act as to free miners' certificates and records of mining property cannot be justly applied or enforced by reason of there being no Gold Commissioner or Mining Recorder in the locality, it shall be lawful for the miners of such locality to hold meetings at such times and places as may be agreed upon, and at such meeting, by a two-thirds vote, to appoint one of their number to issue free miners' certificates and to enter records of mining property; and such certificates and records shall be valid, notwithstanding any informality therein: Provided that all records so made, and all fees for the same in accordance with the schedule to this act, and a list of all free miners' certificates issued, and the date and term thereof, and the fees for the same, be forwarded to the nearest Gold Commissioner or Mining Recorder as soon thereafter as practicable. 105. R E C O R D E R TO ISSUE CERTIFICATES.—Every Mining Recorder shall issue free miners' certificates and "substituted certificates" to all persons and companies entitled thereto. 106. BOOK OF FORMS, C O U N T E R F O I L S , ETC.—Such free miners' certificates shall be taken from a printed book of forms, with duplicate counterfoils, one of which counterfoils shall be filed in the office of the Mining Recorder. 25* BRITISH COLUMBIA. RECORDERS. 107. BOOKS TO BE K E P T BY MINING RECORDER.—Every Mining Recorder shall keep the following books: (a) A book to be known as the " Record book." \b) A book to be known as the ' * Record of Abandonments. '' (c) A book to be known as the " Record of Affidavits. '' (d) A book to be known as the "Record of Conveyances.'' (e) A book to be known as the "Record of Free Miners' Certificates." 108. ISSUE OF CERTIFICATE.—Upon receipt of an affidavit setting forth a detailed statement of work, as required by Section 24, the Mining Recorder shall issue a certificate of work in the Form E in the schedule to this act. 109. F I L I N G AND RECORD OF A F F I D A V I T AND CERTIFICATE.—Upon issuing such certificate of work, the Mining Recorder shall file such affidavit in the Record of Affidavits, and also record such certificate of work in the Record Book. n o . RECORD OF C E R T I F I C A T E OF IMPROVEMENTS.—Upon receiving a certificate of improvements, the Mining Recorder shall record the same verbatim in the Record Book. i n . W H A T R E C O R D E R MUST RECORD.— The Mining Recorder must record all extensions of time, licenses, permits and other privileges granted by the Gold Commissioner or Mining Recorder, and all forfeitures declared by the Gold Commissioner, and a memorandum of every judgment affecting a mineral claim or other mining property, in the Record Book. 1897, c. 28, s. 9. 112. C E R T A I N P A R T I C U L A R S TO BE ENT E R E D IN F R E E M I N E R S ' C E k T I F I C A T E 252 BBITISH COLUMBIA. SECONDERS. BOOK.—Upon any Mining Recorder issuing a free miner's certificate, or upon any free miner applying to record any mineral claim, bill of sale or other instrument, the Mining Recorder shall enter in the free miners' certificate book the particulars of such free miner's certificate, giving number of certificate, date, place of issue, and to whom issued. 113. RECORD OF ABANDONMENTS.—Upon the receipt of a notice of abandonment, the Mining Recorder shall record the same in the Record of Abandonments, and file such notice, and write across the record of the claim affected by such notice, in the Record Book, the word "Abandoned," and the date of the receipt by him of the notice. If only an interest in a mineral claim is abandoned, and not the entire claim, the memorandum in the record shall show which interest is abandoned. 114. HOW RECORDS A R E TO BE MADE.— The Mining Recorder shall record, by copying out verbatim all affidavits and declaratory statements required to be recorded in connection with his office, in the Record of Affidavits. 115. HOW RECORDS A R E TO BE MADE.— The Mining Recorder shall record, by copying out verbatim, in the Record of Conveyances, all conveyances, mortgages, bills of sale, contracts for sale, and other documents of title, including powers of attorney, or other authorities, to execute all or any of the above description of documents when brought to him for that purpose. 116. R E C O R D OF DOCUMENTS.—The Mining Recorder shall record in the Record Book all other documents relating to mining property which may be brought to him for record, and shall file all such documents which may be brought to him to be filed. 253 BRITISH RECORDERS. COLUMBIA. 117. D A T E OF E N T R Y . —Every entry made in any of the above books shall show the date on which such entry was made. 118. BOOK TO BE OPEN FOR INSPECTION.—All books of record and documents filed shall, during office hours, be open to public inspection free of charge. 119. O F F I C E COPY TO BE E V I D E N C E . — Every copy of, or extract from, any entry in any of the said books, or of any document filed in the Mining Recorder's office, certified to be a true copy or extract by the Mining Recorder, shall be received in any court as evidence of the matters therein contained. 120. DUTY OF GOLD COMMISSIONER ON R E C E I V I N G A P P L I C A T I O N FOR CROWN GRANT.—Upon receipt from the holder of a certificate of improvements of an application for a Crown grant in the proper form, and all moneys payable in respect of the claim for which a Crown grant is applied, the Gold Commissioner shall send such moneys, together with the under-mentioned papers, to the Chief Commissioner of Lands and Works: (1) The certificate of improvements. (2) Affidavit of the holder of the mineral claim, or his agent—Form G. (3) A copy of the plat of the mineral claim. (4) The copy of the surveyor's original field notes. (5.) Mining Recorder's certificate—Form I. 121. D U T I E S W I T H R E F E R E N C E TO MILL SITES.—Upon receipt from the lessee of a mill site of all the moneys and documents mentioned in Section 56, the Mining Recorder shall send the same to the Gold Commissioner. 254 BRITISH RECORDERS. COLUMBIA. 122. R E C O R D E R TO C O L L E C T FEES.—Before issuing any free miner's certificate, or substituted certificate, or certificate of work, or making any entry in any book of record, or filing any document, or making any copy or extract therefrom, the Mining Recorder shall collect the fees payable in respect thereof. Mining Divisions. 123. MINING DIVISIONS.—It shall be lawful for the Lieutenant Governor in Council to divide and subdivide any district into mining divisions and to establish in each mining division a Mining Recorder's office. 124. E F F E C T OF E S T A B L I S H M E N T OF R E C O R D E R ' S O F F I C E IN MINING DISTRICT.—Upon the establishment of a mining division, and the opening of a Mining Recorder's office therein, under the authority of the last preceding section— {a) Such office, and none other, shall be the proper office for recording all claims, records, certificates, documents or other instruments affecting claims, mines or mining property situate within such mining division hot held as real estate; and whenever, by this act, or any act amending the same, anything is required to be done at or in the office of the Gold Commissioner or Mining Recorder of the district, it shall, if the same affects or concerns any claim, mine or mining property situate within a mining division not held as real estate, be done at or in the office of the Mining Recorder of the mining division wherein such claim or mine, or other mining property, is situate. (b) Upon the district or division of any Mining Recorder being divided or subdivided into mining divisions, it shall be the duty of such Mining Re255 &RITISB RECORDERS, COLUMBIA. corder to make, or cause to be made, a transcript of all the entries in all the books mentioned in Section 107, affecting claims, mines or mining property situate in each newly created mining division not held as real estate, and to forward the same to the Mining Recorder of such mining division, and such transcript shall be kept in such office as part of the records of such office, and all transcripts of such records, certificates, documents or other instruments shall prima facie be deemed to be true copies of the several records, certificates, documents or other instruments of which they purport to be transcripts ; and such transcripts or copies thereof, when certified by the Mining Recorder of the mining division in whose office they are kept, shall be admissible in evidence in all Courts of Judicature in this Province. 1897, c. 28, s. 10. 125. GOLD COMMISSIONER HAS ALL P O W E R S OF MINING RECORDER.—When there shall be no Mining Recorder for a district or division, the duties of the Mining Recorder shall devolve upon the Gold Commissioner, and it shall at all times be lawful for the Gold Commissioner to perform the duties of the Mining Recorder, and the Gold Commissioner shall have all the powers of a Mining Recorder. 126. OFFICE- HOURS.—The Mining Recorder's office shall be open upon such days and hours as the Lieutenant Governor in Council may from time to time appoint, and failing any particular appointment shall be kept open upon all days, excepting public holidays, from 9 a. m. to 4 p. m., and such times shall be deemed the office hours of such office. 256 BRITISH GOLD COLUMBIA. PART COMMISSIONERS. V. Gold Commissioners. 126a. GOLD COMMISSIONERS TO BE APPOINTED BY T H E L I E U T E N A N T GOVERNOR.—The Lieutenant Governor in Council may from time to time appoint such persons as he shall think proper to be respectively Chief Gold Commissioner and Gold Commissioners, either for the whole Province or for any particular districts therein, and from time to time in like manner fix and vary the limits of and subdivide such districts, and make and revoke all such appointments. C. A. 1888, c. 82, s. 4. Tunnels and Drains. 127. C O M M I S S I O N E R M A Y GRANT L I C E N S E S FOR T U N N E L S . — I t shall be lawful for, but not incumbent upon, the Gold Commissioner to grant a license to any free miner, being the lawful holder of a mineral claim or mine held as real estate, to run a drain or tunnel, for any purpose connected with the development or working of such claim or mine, through any occupied or unoccupied lands, whether mineral or otherwise, upon security being deposited or given to him, to his satisfaction, for any damage that may be done thereby, and upon such other terms as he shall think fit. [Sections 128 to 134, inclusive, repealed by 1897, c. 28, s. 19.] Working of Mines or Claims, and Other Powers. 135. R E L O C A T I O N OF CLAIM.—The Gold Commissioner may, in his discretion, permit a free miner to relocate a mineral claim, or any part thereof, which may have been abandoned or for17 257 BRITISH GOLD COLUMBIA. COMMISSIONERS. feited by such free miner: Provided that such relocations shall not prejudice or interfere with the rights or interests of others. 136. MARKING OUT SPACE FOR DEPOSITS.-—The Gold Commissioner may mark out a space of ground for deposits of leavings and deads from any tunnel, claim or mining ground, upon such terms as he may think just. 137. COMMISSIONER TO P R O V I D E FOR PUBLIC SAFETY.—The Gold Commissioner shall have the power to summarily order any mining works to be so carried on as not to interfere with or endanger the safety of the public, any public work or highway, or any mining property, mineral claims, mining claims, bed-rock drains, or bed-rock flumes; and any abandoned works may by his order be either filled up or guarded to his satisfaction, at the cost of the parties who may have constructed the same, or, -in their absence, upon such terms as he shall think fit. 138. CROWN GRANTS U N D E R " G O L D MINING A M E N D M E N T ACT, 1873."—Notwithstanding anything contained in the '' Gold Mining Amendment act, 1873," or in any Crown grant issued under the said act, or under this or any other act, it shall be lawful for the Gold Commissioner, in his discretion, and with or without any terms or conditions, to allow to the owners of mineral claims all such rights or privileges in and over mineral or other claims held as real estate as may be allowed in and over claims not so held; and owners of claims held as real estate shall be entitled to the same rights and privileges as owners of claims not so held. 139. ISSUE OF L E A S E OF MILL SITE.— Upon receiving an application for a mill site from 258 BRITISH DECEASED COLUMBIA. MINER. any free miner, and upon proof being furnished to his satisfaction of the non-mineral character of the land applied for, and the deposit in duplicate of a plat of said land, and upon proof by affidavit that the applicant has complied with the requirements of Section 54 of this act, the Gold Commissioner shall issue to the applicant a lease of such land for one year, in the form of the schedule to this act. 140. C E R T I F I C A T E OF WORK ON M I L L SITE.—Upon being satisfied that the lessee of a mill site has put or constructed thereon works or machinery for mining or milling purposes to an amount of not less than five hundred dollars, the Gold Commissioner shall issue his certificate to that effect. 141. R E C O R D E R TO F O R W A R D DOCUMENTS, ETC., TO C. C. OF LANDS AND WORKS.—Upon receipt from the Mining Recorder of the moneys and documents mentioned or referred to in Section 121, the Gold Commissioner shall satisfy himself that the same are in- order, and then forward the same to the Chief Commissioner of Lands and Works. 142. P O W E R TO CARRY OUT ACT.—The Gold Commissioner shall have power to do all things necessary or expedient for the carrying out of the provisions of this act. Administration. 143. COMMISSIONER TO A D M I N I S T E R EST A T E OF I N T E S T A T E D E C E A S E D MINER. —The Gold Commissioner, or any person authorized by him, shall take charge of all the property within the district of such commissioner, of any deceased free miner, until the issue of letters of administration or probate of the will, if any, and may cause any 259 BRITISH COURTS. COLUMBIA. mineral claims held or owned to be duly represented or dispense therewith at his option: Provided, however, that where any free miner shall die intestate, and the value of the personal estate of such deceased free miner is less than three hundred dollars, it shall not be necessary for the Gold Commissioner to obtain from any court letters of administration, but in such case the Gold Commissioner may administer and wind up the personal estate of the deceased, and do all things necessary and proper therefor, and act in all respects as if letters of administration to the personal estate of such deceased free miner had been granted to such Gold Commissioner, and the Gold Commissioner shall produce and pass his accounts, in each estate of wrhich he shall undertake the administration, before a judge of the County Court of the district. (a) APPLICATION OF " O F F I C I A L ADMINI S T R A T O R ' S ACT. "—The Gold Commissioner or person authorized by him as aforesaid shall be governed by the provisions of the '' Official Administrator's act," and amending acts, and any rules and regulations thereunder. 1897, c. 28, s. 20. P A R T VI. County Courts. Jurisdiction, Procedure, Forms and Costs. 144. J U R I S D I C T I O N OF COUNTY COURTS IN MINING MATTERS.—In addition to the jurisdiction and powers given to county courts by the "County Courts' Jurisdiction act," and other acts, every County Court shall have and exercise, within the limits of its district, all the jurisdiction and powers of a Court of Law and Equity— (1) IN A L L P E R S O N A L ACTIONS, where 260 BRITISH COLUMBIA. COURTS. the debt or damages claimed arise directly out of the business of mining (other than coal mining), or from the exercise of or interference with any right, power or privilege given, or claimed to be given, by this act or any other act relating to mining (other than coal mining). (z) IN A L L ACTIONS B E T W E E N EMP L O Y E R S AND EMPLOYES, where the employment is directly connected with the business oi mining (other than coal mining). (3) IN A L L ACTIONS FOR S U P P L I E S to persons engaged in mining, where such supplies were bought, contracted for or supplied, or were alleged to have been bought, contracted for or supplied for mining purposes, or for consumption by persons engaged in mining or prospecting. (4.) IN A L L ACTIONS OF T R E S P A S S on or in respect of mineral claims or other mining property, or upon or in respect of lands entered or trespassed on, or claimed to have been entered or trespassed on, in searching for, mining or working minerals (other than coal), or for any other purpose directly connected with the business of mining (other than coal mining), or in the exercise of any power or privilege given, or claimed to be given, by this act, or any other act relating to mining (other than coal mining). (5) IN A L L ACTIONS OF E J E C T M E N T from mineral claims or other mining property, or from lands entered, or claimed to have been entered, in searching for, mining or working- minerals (other than coal), or for any purpose directly connected with the business of mining, or entered, or claimed to have been entered, under some power, right or authority given or obtained under the pro261 BRITISH COLUMBIA. COURTS. visions of this act, or any other act relating to mining (other than coal mining). (6) IN A L L S U I T S FOR F O R E C L O S U R E or redemption, or for enforcing any charge or lien, where the mortgage, charge or lien shall be on mineral claims, mines or other mining property. (7) IN A L L S U I T S FOR S P E C I F I C PERFORMANCE OF, or for reforming or delivering up, or canceling any agreement for sale, purchase or lease of any mineral claim, mine or other mining property. (8) IN A L L SUITS FOR T H E DISSOLUTION or winding up of any mining partnership, whether registered or not, under the provisions of this act. (9) IN A L L S U I T S R E L A T I V E TO W A T E R R I G H T S claimed under this act, or any other act relating to mining (other than coal mining). (10) IN A L L PROCEEDINGS FOR O R D E R S IN T H E N A T U R E OF I N J U N C T I O N S , where the same are requisite for the granting of relief in any matter in which jurisdiction is given to the County Court by this act. ( n ) T R A N S F E R TO S U P R E M E COURT.— Provided, always, that at any time during the progress of any action, suit or matter relating to or concerning any of the classes of subjects in this section before referred to and enumerated, any of the parties to such action, suit or matter may apply by summons to any judge of the Supreme Court at Chambers for an order directing the transfer of such action, suit or matter into the Supreme Court, and upon such summons any judge of the Supreme Court may, if satisfied that it is expedient such aetion, suit or matter should be so transferred, make 362 BRITISH COLUMBIA. COURTS. an order directing the transfer of such action, suit or matter into the Supreme Court, and may in and b}7 such order give all necessary directions for effectually procuring and completing such transfer, and may make such order as to costs, as well as of the proceedings theretofore had and taken in the County Court as of such summons, as he may think fit, and from and after the making of any such order for transfer into the Supreme Court all proceedings in respect of such action, suit or matter, shall be had and determined in the Supreme Court, and the jurisdiction of the County Court in respect thereof shall absolutely cease and determine. The Supreme Court, or a judge thereof, shall have discretion to order that any case so transferred shall be heard, tried or disposed of without pleadings. 145. " M I N I N G J U R I S D I C T I O N . " — T h e jurisdiction given to County Courts by this act shall be known as the "mining jurisdiction" of the County Court, and the" words "mining jurisdiction" shall be written or printed on all summonses, writs and other process, and all other documents in every action or cause brought under the mining jurisdiction of the County Court. 146. P O W E R S OF COUNTY COURTS AND OFFICERS.—County Courts and County Court judges, registrars, sheriffs, and other officers, shall have the same duties, powers, privileges and authorities in all actions and suits, and other proceedings brought under the mining jurisdiction of the County Court, as they now have, or at any time hereafter may have, in actions and suits and other proceedings brought under the ordinary jurisdiction of the County Court, and the provisions of all acts for the time being in force regulating the duties and powers of County Courts and County Court judges, registrars, sheriffs, and other officers, and regulat263 BRITISH COLUMBIA. COURTS. ing the practice and procedure in County Courts, and all rules and orders for the time being applicable to the ordinary jurisdiction of the County Court shall, so far as practicable and not inconsistent with this act, apply to the mining jurisdiction of the County Court. 147. ADJOINING DISTRICTS.—Where disputes arise concerning mining property, portions whereof are situated in adjoining or different districts, the County Court of either of such districts before which the dispute is first brought shall determine it. 148. SUMMONSES R E T U R N A B L E F O R T H W I T H . — T h e hearing of any summons, plaint or other process in any County Court shall not be deferred beyond the shortest reasonable time necessary in the interests of all parties concerned, and it shall be lawful for the registrar to make summonses or other proceedings returnable forthwith, or at any other time. 149. COURT MAY DECIDE ON THE GROUND.—In all mining actions or suits the court may decide the question at issue upon the ground in dispute, and such decision shall be entered as in ordinary cases, and have the same virtue and effect as if rendered in court. 150. ISSUES OF FACT MAY BE FOUND BY A JURY.—In any mining cause or suit either party may require that the issues of fact shall be tried by a jury, and the judge may, before delivering judgment in any action, suit or other proceeding, direct all or any issues of fact to be found by a jury. 151. COSTS.—In all actions, suits and other proceedings within the mining jurisdiction of the 264 BRITISH COLUMBIA. COURTS. County Court, the judge may order that costs be taxed on the higher or lower scale allowed by the County Court rules; or if he shall consider the case of sufficient importance, he may order that costs be taxed as in the Supreme Court, and the costs so ordered shall be the costs recoverable in such action, suit or other proceeding. 152. COUNTY COURT HAS J U R I S D I C T I O N OVER LAND IN C E R T A I N CASES.—Every County Court having jurisdiction in mining disputes shall, with reference to real estate held under the 4 'Gold Mining Amendment act, 1873," or under this act, and notwithstanding any law to the contrary, have the same powers and authorities to decide all matters or disputes arising between the owners thereof, or between the owners thereof and any third person, or between mining joint stock companies, or between shareholders therein, or between them and the company, in the same way and as fully as it might do concerning claims not being real estate; and actions, suits and other proceedings relating to such matters or disputes shall be brought and had in the same manner as actions, suits or proceedings relating to mining claims not being real estate. 153. W R I T S OF CAPIAS AND R E S P O N D E N DUM, N E E X E A T REGNO AND CAPIAS AD SATISFACIENDUM.—Any County Court judge having jurisdiction in mining causes may direct the issuing of writs of capias ad respondendum, ne exeat regno, and capias ad satisfaciendum in all cases in which by law he has jurisdiction over the subject matter of the suit, but under and subject to such conditions as a judge of the Supreme Court might usually require in applications of a similar nature. 265 BRITISH COLUMBIA. PENAL LAWS. P A R T VII. 154. P E N A L T Y FOR C O N T R A V E N T I O N OF ACT.—Any person willfully acting in contravention of this act, or refusing to obey any lawful order of the Gold Commissioner or of any judge presiding in a court shall, on conviction thereof in a summary way before any two justices of the peace or a stipendiary magistrate, or before any judge of a court having jurisdiction in mining disputes, be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment, with or without hard labor, for any term not exceeding three months. 155. RECOVERY OF PENALTIES,—All fines and penalties imposed or payable under this act may be recovered by distress and sale of any mining or other personal property of the offender; and in default of sufficient distress by imprisonment, with or without hard labor, not exceeding three months. 156. F I N E S , ETC., TO BE PAID INTO CONS O L I D A T E D REVENUE.—All fines, fees and penalties collected under this act shall be paid into the Consolidated Revenue Fund of British Columbia. 157. SAVING R I G H T S E X I S T I N G B E F O R E T H E PASSING OF T H I S ACT.—Nothing herein contained shall, save where such intention is expressly stated, be so construed as to affect prejudicially any mining rights and interests acquired prior to the passing of this act; and all mining rights and privileges heretofore and hereunder acquired shall, without the same being expressly stated, be deemed to be taken and held subject to the rights of Her Majesty, her heirs and successors, and to the public rights of way and water. 158. COPIES OF ACT.—Every free miner, on 266 BRITISH COLUMBIA. LIEUTENANT GOVERNOR. application to the Mining Recorder of the district, shall be entitled to a printed copy of this act on payment of the sum of twenty-five cents. 159. B E F O R E WHOM A F F I D A V I T S MUST BE MADE.—Affidavits and declarations made under the provisions of this act shall be made before some judge or registrar of a Court of Record, or before some Gold Commissioner, Mining Recorder, stipendiary magistrate, justice of the peace, notary public, or commissioner for taking affidavits. 160. M I N I S T E R OF MINES AND PROVINCIAL I N S P E C T O R OR M I N E R A L O G I S T MAY E X A M I N E ANY M I N E R A L CLAIM.—The Minister of Mines and the Provincial Inspector or Mineralogist shall have the right to enter into or upon and examine any mineral claim or mine within the meaning of this act. 161. L I E U T E N A N T G O V E R N O R MAY MAKE R U L E S , ETC.—TO R E L I E V E AGAINST F O R F E I T U R E S U N D E R SECTION 9.—PUBLICATION.—The Lieutenant Governor in Council may make such orders as are deemed necessary from time to time to carry out the provisions of this act according to their true intent, or to meet the cases which may arise and for which no provision is made in this act, or when the provision which is made is ambiguous or doubtful; and may also make regulations for relieving against forfeitures arising under Section 9 of this act; and may further make and declare any regulations which are considered necessary to give the provisions contained in this clause full effect; and from time to time alter or revoke any order or orders or any regulations made in respect of the said provisions, and make others in their stead; and further impose penalties not exceeding two hundred dollars, or not exceed267 BRITISH TAXATION. COLUMBIA. ing three months' imprisonment, for violation of any regulations under this act; and further provide that any statement or returns required to be made by said regulations shall be verified on oath. Every order or regulation made by virtue of the provisions of this section shall have force and effect only after the same has been published for two successive weeks in the British Columbia Gazette; and such orders or regulations shall be laid before the Legislative Assembly within the first fifteen days of the session next after the date thereof. 162. T A X A T I O N OF M I N E S AND MONEYS I N V E S T E D THEREIN.—Notwithstanding anything contained in this act, mines and moneys invested therein shall not be exempt from taxation, but shall bear such rate as may be imposed by any law in the Province. 163. A N N U A L TAX OF TWENTY-FIVE C E N T S P E R ACRE TO BE L E V I E D ON E V E R Y CLAIM H E L D U N D E R CROWN GRANT.—There shall be levied and collected from the owner or occupier of every mineral or placer claim of which a Crown grant has issued, including Crown grants issued under authority of an act made and passed in the 36th year of Her Majesty's reign, entitled " A n act to amend the 'Gold Mining Ordinance, 1867/ and the 'Gold Mining Amendment act, 1 8 7 2 / " an annual tax of twenty-five cents for every acre and fractional part of an acre of land conveyed by the grant, payable on the thirtieth day of June in each year. Such tax shall form a charge upon the claim. The assessor appointed under or by virtue of any existing Assessment act, or any collector appointed under the "Provincial Revenue 'JTax a c t / ' is hereby authorized, as to the mineral or placer claims situate within the district for which he is appointed, to collect and receive the tax. 268 BRITISH COLUMBIA. TAXATION. IN D E F A U L T OF PAYMENT, CLAIM MAY BE SOLD.—HOW P U R C H A S E MONEY APPLIED.—In the event of the tax not being paid to the assessor or collector, the Gold Commissioner may in his discretion cause the claim upon which the tax is charged to be offered for sale by public auction, of which sixty days' notice shall be posted upon the principal court house of the district in which the claim is situate, and in one newspaper, if any, published in such district, and may sell such claim, receive the purchase money, and execute a conveyance thereof to the purchaser. The purchase money shall be applied in payment of the expenses of advertising and the payment of the tax, and any surplus shall be paid into the treasury in trust for the owner of the claim. In the event of there being no purchaser, or. if the price offered shall not be sufficient to pay the tax and expenses of advertising, the land shall absolutely revert to the Province, and the Crown grant thereof shall be deemed void. O W N E R MAY BE S U E D FOR TAX.—The assessor or collector may, before offering the claim for sale, sue the owner or occupier for the tax, in a summary manner, before any justice of the peace, who may adjudge the same to be paid; and in default of payment the amount due, together with costs, may be recovered by distress of the goods and chattels of the person against whom the tax may be recovered. PROVISO FOR REMISSION OF TAX ON TWO H U N D R E D D O L L A R S H A V I N G B E E N E X P E N D E D ON CLAIM.—Provided, that if the owner of any such mineral or placer claim shall establish, to the satisfaction of the Gold Commissioner, Mining Recorder, or assessor and collector of the district in which the claim lies, that the sum of two hundred dollars has been expended thereon 269 BRITISH COLUMBIA. REPEALS* in labor or inprovements in any one year, then the tax shall not be levied in respect of such claim for such year. 164. CHANGE OF NAME.—Where a claim has been recorded under any name, and the owner or his agent is desirous of changing the same the Recorder of said mining division may, upon application being made by such owner or agent, and upon payment of a fee of twenty-five dollars, amend the record accordingly: Provided, however, that such change of name shall not in any way affect or prejudice any proceedings or execution against the owner of the said claim. 165. W H E R E E V I D E N C E OF LOCATION, ETC., E F F A C E D T H R O U G H F A U L T S OF OTHERS.—Whenever through the acts or defaults of any person other than the recorded owner of a mineral claim or his agent by him duly authorized, the evidence of the location or record on the ground, or the situation of a mineral claim, has been destroyed, lost or effaced, or is difficult of ascertainment, nevertheless, effect shall be given to same as far as possible, and the court shall have power to make all necessary inquiries, directions and references in the premises, for the purpose of carrying out the object hereof, and vesting title in the first bona fide acquirer of the claim. P A R T VIII. Repealing Clause. 166. R E P E A L I N G CLAUSE.—The acts and parts of acts mentioned in this section shall stand repealed and be repealed; but such repeal shall not be deemed to imply that any of the said acts or parts of acts which have been repealed at any time 270 BRITISH COLUMBIA. FORMS. prior to the passing of this act have been in force since such appeal: Provided further, that such repeal shall not affect any rights acquired, or any liabilities or penalties incurred, or any act or thing done, tinder any of the said acts or parts of acts. The " Mineral Act, 1891," the " Mineral Act (1891) Amendment act, 1892," the "Mineral Act (1891) Amendment act, 1893," the "Mineral Act Amendment act, 1894," and the ''Mineral Act Amendment act, 1895," are hereby repealed. 1891, c. 25; 1892, c. 32; 1893, c. 29; 1894, c. 32; 1895, c 39167. P E N D I N G LITIGATION NOT AFFECTED.—Nothing herein contained or enacted shall affect any litigation pending at the time of the passage of this act. 169. R E P E A L S C E R T A I N PROVISIONS C. A. 1888, C. 82.—Sections 5, 6, 13, 19, 20, 22, 27, 28 and 29 of the "Mineral act," being chapter 82 of the "Consolidated acts, 1888," are hereby repealed. 1897, c. 28, s. 21. SCHEDULES. FORM A. Location Notice. Mineral Claim. I, , have this day located this ground as a mineral claim, to be known as the Mineral Claim, feet in length by feet in breadth. The direction of No. 2 post is , and feet of this claim lie to the right and feet to the left of the location line. Dated this day of , 189 Take care to number the posts 1,2, ) making the initial post 1. \ 1897, c. 28, c. 23. 271 BRITISH COLUMBIA. FORMS. FORM B. Record of Mineral Claim. Mineral Claim. No. of certificate, Located by— (vSet out the name of claim and ^ number of receipt form of payJ ment of the record fee of each I | locator, and the No. of each f locator's Free Miner's Certifi[ cate opposite such name. J The claim is situate The direction of the location line is The length of the claim is feet. The claim was located on the day of , 189 . Recorded this day of ,189 Mining Recorder. [If the stakes are not on the location line, comply with Section 18.] 1897, c. 28, s. 23. FORM C. Record of Partnership Mineral Claim. Mineral Claim. Located in the partnership name of The members of the partnership and the Nos. of their respective free miner's certificates are— The receipt form of payment of the record fee. The claim is situate The direction of the location line is The length of the claim is feet. The claim was located on the day of 189 . 272 BRITISH FORMS. COLUMBIA. Recorded this day of , 189 . Mining Recorder. [If the stakes are not on the location line, comply with Sec. 18.] FORM D. Application for Certificate of Work. AFFIDAVIT. I, , of - , in the District of free miner, make oath and say: I have done, or caused to be done, work on the Mineral Claim, situate at in the District of , to the value of at least $100, since the day of , 189 . The following is a detailed statement of such work: [Set out full particulars of the work done in the twelve months in which such work is required to be done by Sec. 24.] Sworn, etc. [This affidavit may be made by an agent, and can be altered to suit circumstances.] FORM E. Certificate of Work. (Name of Claim) Mineral Claim. This is to certify that an affidavit setting out a detailed statement of the work done on the above claim since the day of , 189 , made by , has this day been filed in my office, and in pursuance of the provisions of the act in that behalf, I do now issue this certificate of work in respect of the above claim to Dated Gold Commissioner or Mining Recorder. 273 BRITISH COLUMBIA. FORMS. FORM F. Certificate of Improvements. NOTICE. Mineral Claim. Situate in the Mining Division of District. Where located. Take notice that I, , free miner's certificate No. intend, sixty days from the date hereof, to apply to the Mining Recorder for a certificate of improvements, for the purpose of obtaining a Crown grant of the above claim. And further take notice that action, under Section 37, must be commenced before the issuance of such certificate of improvements. Dated this day of , 189 . FORM G. Application for Certificate of Improvements. APPLICANT'S AFFIDAVIT. I, , of , in the District of make oath and say: 1. I, , the recorded holder, and am in undisputed possession of the Mineral Claim, situated at , in the District (or Division^ of 2. I, , have done, or caused to be don , work on the said claim in developing a mine to the value of at least $500, full* particulars whereof are hereunto annexed and marked " A . " * Particulars must be exclusive of all houses a n d other like improvements. This affidavit m a y be made by an agent, duly authorized, in writing, and can be altered to suit circumstances. 274 BRITISH COLUMBIA, FORMS. 3. I, , found a vein or lode within the limits of the said claim. 4. I, , had the claim surveyed by who has made three plats of the said claim. 5. I, , placed one such plat on a conspicuous part of the land embraced in such plat on the day of , 189 . 6. I, , posted a copy of the notice hereunto annexed, and marked " B , " at the same place as said plat is posted, on the day of , 189 , and another copy on the Mining Recorder's office at , on the day of , 189 , which said notice and plat have been posted, and have remained posted, for at least sixty days concurrently with the publication of the said notice in the British Columbia Gazette. 7. I, , inserted a copy of the said notice in the British Columbia Gazette, where it first appeared on the day of , 189 , and in the , a newspaper published in the Province and circulating in the district in which the said claim is situated, where it first appeared on the day of , 189 , and was continuously published for sixty days concurrently with the publication of the said notice in the British Columbia Gazette prior to the date of this affidavit. 8. I, , deposited a copy of the field notes and plat in the Record office at , on the day of 189 , and they remained there for reference for sixty days concurrently with the publication of the said notice in the British Columbia Gazette. Sworn and subscribed to ,1 at , this day > of , 189 , before me. J 275 BRITISH COLUMBIA. FORMS* FORM H. Certificate of Improvements. Mineral Claim. This is to certify that , of , in the District of , free miner's certificate No. , has proved to my satisfaction that he has complied with all the provisions of the "Mineral act" to entitle him to a certificate of improvements in respect of the Mineral Claim, situate at , in the District of ; and in pursuance of the provisions of the said act I do now issue this certificate of improvements, in respect of the above claim, to Dated Gold Commissioner. This certificate will become void unless a Crown grant is applied for within three months from its date. [Form may be altered to suit circumstances. ] FORM I. Mining Recorder's Certificate. Mining Division. District. Mineral Claim. Date located, Date recorded, To Sir—I herewith inclose the following documents relating to your application for a certificate of improvements to the above claim: Affidavit of , applicant (Form G). Copy of plat of claim. Copy of surveyor's field notes. And I hereby certify that has published 276 BRITISH COLUMBIA. FORMS. a notice of his intention to apply for a certificate of improvements for sixty days in the British Columbia Gazette, from the day of 189 , and newspaper from the day of , 189 . That during the above period a notice in accordance with Section 36, subsection (d), has been posted, and a copy of the field notes and plat of the said claim deposited for reference in my office, and that no notice of any action having been commenced against the issuance of a certificate of improvements to the said claim has been filed in this office up to this date. The recorded owner of the said claim at this date is Dated , 189 . , Mining Recorder. FORM J. Mill Site. NOTICE. Take notice that I, , of in the District of , free miner's certificate No. , intend, sixty days from the date hereof, to apply for acres of land for a mill site, situate at , in the District of , as a mill site. Dated FORM K. Mill Site. AFFIDAVIT OF APPLICANT PRIOR TO LEASE. I, , of , in the District of free miner, make oath and say: 277 BRITISH COLUMBIA, FORMS. i. I have marked out the land required by me for a mill site, by placing a legal post at each corner. 2. I have posted a notice on each such post, and on the Mining Recorder's office at , a copy of which notice is hereunto annexed, and marked "A." 3. The said land is not known to contain minerals, and is not, to the best of my knowledge and belief, valuable as mineral land. FORM L. Lease of Mill Site. This indenture, made the ' day of , 189 , between , the Gold Commissioner for the District of (hereinafter called the lessor), of the one part, and , of , in the District of , free miner (hereinafter called the lessee), of the other part, witnesseth, that in exercise of the powers vested in him by the "Mineral act," he, the said lessor, doth hereby demise unto the said lessee, his executors, administrators and assigns, all that [Describe the mill site.] for the term of one year from the date hereof, subject to the provisions and conditions of the "Mineral act" relating to mill sites. In witness whereof, the said parties have hereunto set their hands and seals. Signed, sealed and delivered FORM M. Mill Site. AFFIDAVIT OF APPLICANT PRIOR TO CROWN GRANT. I, , of , in the District of free miner, make oath and say: 278 BRITISH COLUMBIA. FORMS. i. I am the lawful holder of the mill site mentioned in indenture of lease dated and made between 2. During the year mentioned in such lease as the term thereof, I put or constructed works or machinery, for mining or milling purposes, on the said mill site, of the value of at least $500. Sworn, etc. FORM N. Mill Site. CERTIFICATE OF IMPROVEMENTS. This is to certify that has put or constructed works or machinery, for mining or milling purposes, to the value of at least $500, on the mill site described in and demised by indenture dated the day of , 189 , and made between during the existence of such lease. Gold Commissioner. FORM O. Tunnel or Drain License. To all whom it may concern: Take notice that " , a free miner and the owner of , having given security to the amount of for any damage he may do, has this day obtained a license from me to run a tunnel (or drain) from to his said claim (or mine). The said license is granted on these express conditions: [Set out conditions, if any. ] Dated Gold Commissioner. 279 BRITISH COLUMBIA. FORMS. FORM P. Mill Site. APPLICATION FOR CROWN GRANT. To the Mining Recorder at Sir—I inclose herewith the sum of dollars and the undermentioned documents: Lease of mill site. Plat of mill site. Surveyor's field notes. Certificate of improvements. Affidavit of applicant. And I now apply for a Crown grant of the mill site demised by the abovementioned lease. Yours respectfully, [Forms Q and R, repealed by 1897, c. 28, s. 19.] FORM S. For a Full Claim. Mining Division, District. I, A. B., of , in the Mining Division of District, free miner, make oath and say: 1. I am the holder of Free Miner's Certificate No. , dated day of , 18 , and issued at 2. On the day of , 18 , I located the Mineral Claim, situated [here describe position of claim as near as possible, giving the name or names of any mineral claim or claims it may join.] 3. I have placed a No. 1 and a No. 2 and a discovery post of the legal dimensions on the said claim, with -the legal notices on each post. 280 BRITISH COLUMBIA. FORMS. 4. I have written on the No. 1 post the following words: 5. T have written on the No. 2 post the following words: 6. That I have found mineral in place on the said claim. 7. That I have marked the line between No. 1 and No. 2 posts as required by Section 16 of this act. 8. That to the best of my knowledge and belief the ground comprised within the boundaries of the said claim is unoccupied by any other person as a mineral claim; that it is not occupied by any building or any land falling within the curtilage of any dweling house, or any orchard, or any land under cultivation or any Indian reservation. Note.—This declaration may be made by an agent. FORM T. For Fractional Claim. Mining Division, District. I, A. B., of in the Mining Division of District, free miner, make oath and say: 1. I am the holder of Free Miner's Certificate No. , dated day of , 18 , and issued at 2. On the day of , 18 , I located the fractional mineral claim, situated 3. This is a fractional claim bounded on the north by , on the south by , on the east by , and on the west by , and is more particularly described on the sketch plan on the back of this declaration. 281 BRITISH FEES. COLUMBIA. 4. I have placed a No. 1 and a No. 2 and a discovery post of the legal dimensions on the said claim, with the legal notices on each post. 5. I have written on the No. 1 post the following words: 6. I have written on the No. 2 post the following words: 7. I have found mineral in place on the said fractional claim. 8. I have marked the line between No. 1 and No. 2 posts as required by Section 16 of this act. 9. That to the best of my knowledge and belief the ground comprised within the boundaries of the said fractional claim is unoccupied by any other person as a mineral claim; that it is not occupied by any building or any land falling within the curtilage of any dwelling house, or any orchard, or any land under cultivation, or any Indian reservation. Note.—This declaration may be made by an agent. Schedule of Fees to Be Charged. For every free miner's certificate issued to an individual $ 5 00 For every free miner's certificate issued to a joint stock company— (a) Having a nominal capital of $100,000 or less , 50 00 (b) Having a nominal capital exceeding $100,000 100 [1897, c. 28, s. 22.] Every substituted certificate Recording any claim Recording every certificate of work Recording any "lay over," or every other record required to be made in the " Record Book'' ,.,,,.,,,,....,,...,, 282 00 1 00 2 50 2 50 2 50 BRITISH FEES. COLUMBIA. Recording every abandonment, including the memorandum to be written on the record . $ 2 50 For any other record made in the " Record of Abandonments'' 2 50 For recording every affidavit, where the same does not exceed three folios of TOO words 2 50 For every folio over three, 30 cents per folio. The above rate shall be charged for all records made in the "Record of Affidavits." For all records made in the *' Record of Conveyances, '' where the same do not exceed three folios 2 50 For every folio over three, a further charge of 30 cents per folio. For all copies or extracts from any record in any of the abovenamed books, where such copy or extract shall not exceed three folios, per copy 2 50 Where such copies or extracts exceed three folios, 30 cents per folio for every folio over three. For filing any document , 25 For a Crown grant ,. . 5 00 PLACERS AND W A T E R RIGHTS. From lack of space, the author has been compelled to omit the "Placer Mining Act ofI8QI" (Laws of 1891, c. 26; 1894, c. 33; 1895, c. 40; 1896, c. 35; 1897, c. 29), and the "Water Clauses Co?isolidation Act, I8QJ" (C. 45), of British Columbia. Complete references to the provisions of those acts are, however, above noted. 283 P A R T II. MINING LAWS OF CANADA. ONTARIO. APPLICATIONS. ONTARIO. T H E MINES ACT. Information for Applicants. i. M I N E S AND M I N E R A L S upon land located, sold or granted within the limits of the Free Grant Territory are reserved from the location and are the property of the Crown. 2. IN ANY L E T T E R S P A T E N T for lands granted under the Public Lands act for agricultural purposes after May 4, 1891, mines, minerals and mining rights are reserved and are constituted a property separate from the surface of the soil, unless otherwise provided in the patent or grant from the Crown. 3. MINING L A N D S MAY BE A C Q U I R E D from the Crown either by purchase or lease under The Mines act. Applications should be made to the Department of Crown Lands, Toronto, and should be accompanied by an affidavit showing the discovery of valuable ore or mineral upon the land by or on behalf of the applicant, and the affidavits of at least two credible and disinterested parties showing that the land is unoccupied and unimproved (except by or on behalf of the applicant), and that there is no claim thereto adverse to his on the ground of occupation, improvements or otherwise. Such affidavits may be made before any Crown Lands Agent, Commissioner for taking affidavits, Notary Public or Justice of the Peace, and should be in the form given hereafter. 4. E V E R Y A P P L I C A N T is required within sixty days from the date on which the application has been filed in the Department to pay one-fourth of the purchase price or rental, and within three months from the same date the remaining three-fourths, and (if in unsurveyed territory) the surveyor's plan, field notes and description of a location applied for 286 ONTARIO. APPLICATIONS. must be furnished to the Department of Crown Lands within at least four months of the date of application; but in case of locations in surveyed townships the time for completing all requirements on the part of the applicant may be limited to thirty days at the discretion of the Commissioner of Crown Lands. 5. A P P L I C A T I O N S FOR MINING LANDS containing ores or minerals of the same class or kind are limited in the case of an individual to 320 acres, and in the case of a firm, partnership, syndicate or company to 640 acres within a radius of fifteen miles in any one calendar year, and such areas may be applied for in separate locations of not less than forty acres each. 6. A L L COMMUNICATIONS on official business should be addressed (prepaid) to the head of the Department, as follows: The Honorable The Commissioner of Crown Lands, Toronto. 7. EACH L E T T E R should relate to one subject or one parcel of land only, the postoffice address should be given, and the signature distinctly written. In every subsequent letter the number of the lot and concession and the name of the township or the name and number of the mining location should be repeated. 8. W H E R E A P P L I C A T I O N IS MADE FOR L E T T E R S P A T E N T , or for lease of mining land, the applicant should give his name in full, with place of residence and occupation, so that they may be set out in the instrument; and, in case the applicant be a married woman, the name, residence and occupation of her husband should also be given. 287 APPLICATIONS. ONTARIO. 9. R E M I T T A N C E S to the Department may be made by marked checks and drafts, or by postomce and express orders, made payable in every case to the Treasurer of Ontario. Cash by letter is at the risk of the sender. 10. SECTION 42 OF T H E M I N E S ACT contemplates that the locatee on Crown land, as well as the grantee or lessee, is entitled to compensation for injury or damage to the surface rights at the hands of the owner or lessee of the mining rights thereafter granted in respect of the same land, and it empowers the Director of the Bureau of Mines to order and prescribe the manner in which such compensation shall be ascertained and paid or secured. The issuing of the grant depends on the completion of the settlement duties required by the Public Lands and Free Grants and Homesteads acts and the Orders and Regulations made thereunder, and until these duties are performed the locatee's interest in the surface rights is not complete. In the case of ungranted lands the compensation to be paid to the locatee or purchaser for injury or damage to the surface rights shall be calculated upon the injury or damage to the annual value only of the locatee's or purchaser's interest in the land, and shall be paid annually until the issue of the patent, but so long only as the locatee or purchaser shall be recognized as such by the Department of Crown Lands. 11. BY O R D E R IN COUNCIL dated 9 t h September, 1897, the following territory was declared to be a Mining Division under the name of the Michipicoten Mining Division—namely, the tract limited upon its east side by the meridian of the east end of Dog Lake, or say eighty-four degrees west from Greenwich, on the south side by the latitude of Cape Gargantua, say forty-seven degrees thirty-six 288 ONTARIO. FORMS. minutes, on the north side by the latitude of fortyeight degrees thirty minutes, and between the westerly ends of these lines of latitude, where they touch Lake Superior, by the shore line of the said lake, containing about five thousand square miles. The lands in such Mining Division may be taken up and held as mining claims under the Provisions of Part III of The Mines act, section 44 et seq. Copies of Regulations for Mining Divisions may be had upon application to the Director of the Bureau of Mines, Toronto. FORM OF A P P L I C A T I O N FOR MINING L A N D S AND OF A F F I D A V I T OF DISCOVERY. The Commissioner of Crown Lands, Toronto: Sir—I hereby apply for a (grant or lease) under the terms and provisions of The Mines act, R.S.O. 1897, of a mining location consisting of acres, more or less, described as follows: (If in a surveyed township give name of township and number of concession and section or lot or part thereof. If in unsurveyed territory give locality as described by the plans and field notes of the surveyor, or, if the land applied for has not been surveyed, such other description as will enable the Director of Surveys to indicate the locality upon the office map.) Dated at , 189 . District of ) I, of the > of in the To Wit: ) of , make oath and say: 1. That on the day of ,189 , I, or (Name of party) on my behalf, discovered valuable ore or mineral on the location named in the 19 289 ONTARIO. FORMS. above application, that is to say: (Particulars of discovery.) 2. That I have no knowledge and have never heard of any adverse claim to the said location by reason of prior discovery or otherwise. Sworn before me at in the district of this day of A. D. 189 . A F F I D A V I T S IN S U P P O R T OF APPLICATION FOR LAND U N D E R T H E MINES ACT. Ontario, ^ I, of the township of District of in the district of y and I of the township of To Wit: in the district of do solemnly J swear: 1. That on the day of I personally visited and carefully examined lot number in the concession of the township of and at that time there was no person residing on said lot and there were no improvements thereon (or according as the fact is). 2. That there was no visible trace nor indication of work having been done on said lot, by any person or persons, for mining or other purposes (as the fact is). 3. And that to the best of my knowledge and belief there is no claim to said location by any person or persons adverse to that of the applicant, on the grounds of priority of discovery of mineral thereon, or otherwise. Sworn before me at ) in the district of this > day of A. D. 189 . ) 290 ONTARIO. FORMS. A F F I D A V I T OF ORIGINAL DISCOVERER IN S U P P O R T OF APPLICATION F O R F R E E LOCATION OF F O R T Y ACRES. Ontario ) I,. of in District of V the district of , do To Wit: ) solemnly swear: i. That on the day of A. D. 189 , 1 discovered valuable mineral in a vein or lode on (Describe the location), such mineral consisting of , and that I have no knowledge or information of any previous discovery of valuable mineral on said location, and verily believe that I am the original discoverer of the same. 2. That by careful examination on the ground I have ascertained that the mineral so discovered by me on said location is (State the kind of metal, ore or mineral), and is on or in a vein, lode or deposit, at least ten miles from the nearest known occurrence of the same metal, ore or mineral. 3. That the nearest mine, vein or lode of the same metal, ore or mineral to the mineral so discovered by me of which I have any knowledge or information is situated (Describe the location). Sworn before me at the ) of in the of > this day of A. D. 189 . ) A Commissioner m H. C. J. The material portions of this affidavit are to be confirmed by the affidavits of two disinterested persons, stating the facts in their knowledge and their means of knowledge. It is desirable that one of the two should, where that is practicable, be an Ontario Land Surveyor. The form is given hereunder. 291 MINES ONTARIO. ACT. AFFIDAVIT OF ONTARIO LAND SURVEYOR RE APPLICATION FOR FREE LOCATION OF FORTY ACRES. Ontario | I, of the District of > of in the To Wit: ) of do solemnly swear: i. That I am a duly qualified Ontario Land Surveyor. 2. That on the day of A. D. 189 , I visited (Describe the location) and saw the valuable metal, ore or mineral on or in a vein, lode or deposit thereon, of which one claims to be the original discoverer, such metal, ore or mineral consisting of 3. That on the said date I carefully examined the location of the said metal, ore or mineral, and that to the best of my knowledge and information the same is at least ten miles from the nearest known mine or occurrence of the same metal, ore or mineral. 4. That the nearest known mine, vein, lode or deposit of metal, ore or mineral of which I have any knowledge or information is situated (Describe its location). Sworn before me at the J of in the of > this day of A. D. 189 . j A Commissioner in H. C. J. The above affidavit may be used by others than surveyors in proof of claim, striking out clause 1 in such case. An Act Respecting Mines. Her Majesty, by and with the advice and consent 292 DEFINITIONS, ONTARIO. of the Legislative Assembly of the Province of Ontario, enacts as follows: i. S H O R T TITLE.—This act may be cited as The Mines act. 55 V., c. 9, s. 1. P A R T I.—GENERAL PROVISIONS. Interpretation. 2. I N T E R P R E T A T I O N . — W h e r e the following words occur in this act, and in orders in council or regulations under it, they shall be construed in the manner hereinafter mentioned unless a contrary intention appears: (1.) T H E NOUN " M I N E " shairinclude every shaft in the course of being sunk, and every adit, level and inclined plane in the course of being driven for commencing or opening any mine, or for searching for or proving minerals, and all the shafts, levels, planes, works, machinery, tramways and sidings, both below ground and above ground, in and adjacent to a mine, and any such shaft, level and inclined plane belonging to any mine to which this act applies, together with all rocks, soils or strata containing any ore or minerals, and all roast yards, smelting furnaces and other places where the work of mining may be carried on. 55 V., c. 9, 2 (1); 57 V., c. 16, s. 2, p a r t (2.) T H E V E R B " M I N E " and the participle '' mining'' shall include any mode or method of working whatsoever whereby the soil or earth or any rock, stone or quartz may be disturbed, removed, carted, carried, washed, sifted, roasted, smelted, refined, crushed or otherwise dealt with for the purpose of obtaining any metal or mineral therefrom, 293 ONTARIO. DEFINITIONS. whether the same may have been previously disturbed or not. 55 V., c. 9, s. 2 (2); 57 V., c. 16, s. 2, part; 59 V., c. 13, s. 1. (3.) " M I N I N G D I V I S I O N " shall include any tract of country declared to be a mining division within this act. (4.) "CROWN L A N D S " shall include all crown lands, school lands or clergy lands not in the actual use or occupation of the Crown, or of any public department of the Government of the Dominion of Canada or of this Province, or of any officer or servant thereof, and not under lease or license of occupation from the Crown or the Commissioner of Crown Lands, and as to which no adverse claim exists which is subsequently recognized by the Commissioner of Crown Lands. (5.) " S U R F A C E RIGHTS'* shall mean lands granted, leased or located for agricultural or other purposes, and in respect of which the ores, minerals and mines thereupon or under the surface thereof are by statute, the patent or lease, or otherwise, reserved to the Crown. 55 V., c. 9, s. 2 (s-s)(6.) " M I N I N G R I G H T S " shall mean the ores, mines and minerals on or under any land where the same are dealt with separately from the surface of the land. 60 V., c. 8, s. 1. (7.) " P A R T Y W A L L " shall mean a bank of earth or rock left between two excavations. (8.) " S H A F T " shall include pit, and " p l a n " shall include a map and section, and a correct copy or tracing of any original plan as so defined. (9.) " M A C H I N E R Y " shall include steam or other engines, boilers, furnaces, stamps or other crushing apparatus, winding or pumping gear, chains, trucks, tramways, tackle, blocks, ropes or tools, and all 294 ONTARIO. ROYALTIES. appliances of whatsoever kind used in or about or in connection with the mine. (10.) " O W N E R " when used in relation to any mine shall mean any person or body corporate who is the immediate proprietor, or lessee, or occupier of any mine, or of any part thereof, and shall not include a person or body corporate who merely receives a royalty, rent or fine from a mine, or is merely the proprietor of a mine subject to any lease, grant or license for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine. (i i.) " A G E N T " when used in relation to any mine shall mean any person having, on behalf of the owner, care or direction of any mine, or of any part thereof, and shall include "manager" and "superintendent. '' (12.) " I N S P E C T O R " shall include any inspector appointed under this act, and whether for a mining division or any part thereof or for the Province. 55 V . , c. 9, s. 2 (7-12). 3. ROYALTIES.—All royalties, taxes or duties which by any patent or patents issued prior to the 4th day of May, 1891, have been reserved, imposed or made payable upon or in respect of any ores or minerals extracted from the lands granted by such patents and lying within this Province, are declared to have been repealed and abandoned; and such lands, ores and minerals shall be free and exempt from every such royalty, tax or duty. RESERVATIONS.—And all reservations of gold and silver mines contained in any patent issued prior to the date aforesaid, granting in fee simple lands situate within this Province, are hereby rescinded and made void, and all such mines in or upon such lands shall be deemed to have been 295 ONTARIO. ROYALTIES. granted in fee simple as part of such lands and to have passed with such lands to the subsequent and present proprietors or owners thereof in fee simple; but the provisions of this section shall not be construed to apply to lands patented or to be patented under The Free Grants and Homesteads act. 55 V., c. 9, s. 3. 4 ROYALTIES PAYABLE TO THE CROWN. . —(1) All ores and minerals mined, wrought or taken from lands located, sold and granted or leased by the Crown on or after the 4th day of May, 1891, and before the 1st day of January, 1900, shall be subject to a royalty to the Crown for the use of the Province, to be reckoned at the following rates, whether such royalty be reserved in the grant, patent or lease, or not: (a) On ores of silver, nickel, nickel and copper, and iron, two per cent. {b) On all other ores and minerals, such royalty as shall be from time to time imposed by order in council, not exceeding two per cent. (2) HOW CALCULATED.—The said royalties shall be calculated upon the value of the ores or minerals at the pit's mouth, less the actual cost of labor and explosives for mining and raising the same to the surface, and the subsequent treatment thereof for the market, and shall be payable at such time and times, and the values shall be fixed and ascertained in such manner as shall be provided by regulation to be made by the Lieutenant Governor in Council in that behalf. (3) A F T E R S E V E N YEARS.—The said royalties shall not be imposed or collected upon any ores mined, wrought or taken until after seven years from the date of the patent or lease, and no higher rate of royalty shall be levied upon ores and min296 ONTARIO. ROYALTIES. erals taken from land than that provided for by the statute in force at the time of the sale or lease of such land. (4) IN L I E U OF O T H E R S . — T h e royalties payable under this section shall be in lieu of the larger royalties reserved under Section 3 of the act passed in the 54th year of Her Majesty's reign intituled An act to amend the General Mining act, or under Section 4 of The Mines act, 1892. 55 V., c. 9, s. 4, part; 57 V., c. 16, s. 1, part; 60 V., c. 8, s. 2. 5. R O Y A L T I E S P A Y A B L E TO THE CROWN.—(1) Subject to the provisions of Subsection 3 of the preceding section, which shall apply to all royalties reserved under this section, all ores and minerals mined, wrought or taken from lands located, sold and granted or leased by the Crown on or after the 1st day of January, 1900, shall be subject to a royalty to the Crown for the use of the Province, to be reckoned at the following rates, whether such royalty be reserved in the grant, patent or lease, or not :(a) On ores of silver, nickel, or nickel and copper, three per cent. (&) On iron ore, not exceeding two per cent. (c) On all other ores and minerals, such royalty as shall be from time to time imposed by order in council, not exceeding three per cent. (2) HOW A S C E R T A I N E D . — Such royalties shall be calculated upon the value of the ores or minerals at the pit's mouth, less the actual cost of labor and explosives for mining and raising the same to the surface, and shall be payable at such time and times and the values shall be fixed and ascertained in such manner as shall be provided by regulation to be made by the Lieutenant Governor 2 97 ONTARIO. LIEUTENANT GOVEBNOR.-CROWN LANDS in Council in that behalf. 55 V., c. 9, s. 4, part; 57 V., c. 16, s. 1, part; 60 V., c. 8, s. 2. 6. ORES T A K E N FOR E X P E R I M E N T A L PURPOSES MAY BE F R E E FROM ROYALTIES.—The Lieutenant Governor in Council may, upon the recommendation of the Director of the Bureau of Mines, direct that the ores of any mine taken or to be taken out by way of experiment and for the purpose of ascertaining the quality and value of the mineral and mine shall be free from royalty. 55 V., c. 9, s. 5. 7. L I E U T E N A N T GOVERNOR IN COUNCIL MAY MAKE R E G U L A T I O N S AS TO ARBIT R A T O R S OR MINING BOARDS.—The Lieutenant Governor in Council may from time to time make such regulations as he deems necessary or expedient for the appointment of Arbitrators or Mining Boards to hear and determine appeals from the decisions of inspectors of divisions; for the prescribing, defining and establishing of the powers, duties and mode of procedure of the Arbitrators or Mining Boards; for the opening, construction, maintenance and using of roads to, through or over mining claims, mining locations or lands hereafter sold as mining lands; for the opening, construction, maintenance and using of ditches, acqueducts or raceways through or over such claims, locations or lands for the conveyance and passage of water for mining purposes; and generally for the purpose of carrying out this act; and such regulations, after publication in the Ontario Gazette, shall have the force and effect of law. 55 V., c. 9, s. 6 (1); s. 28 (2); 60 V., c. 8, s. 4. 8. R E G U L A T I O N S TO BE LAID B E F O R E ASSEMBLY.—-Any regulations made under this act by the Lieutenant Governor in Council shall, if 298 ONTARIO. CROWN LANDS—IRON MINING. made when the Legislative Assembly is sitting, be laid upon the table of the House during the then session, and if made at any other time shall be laid upon the table of the House within fifteen days from the beginning of the next session thereof. 55 V., c. 9, s. 6 (2); 57 V., c. 16, s. 16. 9. CROWN LANDS MAY BE E X P L O R E D FOR MINES, ETC.—Any person or persons may explore for mines or minerals on any Crown lands, surveyed or unsurveyed, and not for the time being marked or staked out and occupied as hereinafter mentioned except on such lands as may by the Lieutenant Governor in Council have been withdrawn from sale, location or exploration as being valuable for their pine timber or for any other reason, and any person attempting to explore, occupy or work any lands so withdrawn shall incur a penalty of twenty dollars and costs and in default of payment of the fine and costs such person may be imprisoned for any period not exceeding one month. 55 V., c. 9, s. 7; 60 V., c. 3, s. 3, c. 8, s. 5. 10. CROWN LANDS MAY BE SOLD AS MINING LOCATIONS.—(1) Crown lands not situated within any Mining Division which are supposed to contain ores or minerals and mining rights in lands, the ores or minerals whereof have been reserved by the Crown, may be sold or leased as mining lands in blocks, sections or lots, to be called ''mining locations." (2) MINING CLAIMS.—Where such Crown lands are situated within a mining division they may be occupied and worked as "mining claims," under miners' licenses, as hereinafter provided. 60 V., c. 8, s. 6. 11. PAYMENTS OUT OF IRON MINING FUND.—(1) The Treasurer of the Province may, 299 IRON ONTARIO. MINING. under the authority of such regulations as may be made from time to time by the Lieutenant Governor in Council, pay out of the Iron Mining Fund, established by the act passed in the 57th year of Her Majesty's reign, chapter 16, to the miners or producers of ore upon all iron ores which shall be raised or mined and smelted in the Province for a period of five years from the first day of January, 1896, the equivalent of one dollar per ton of the metallic iron product of such ores; but no part of said moneys shall be so paid until the said regulations so far as they govern payments have been approved by t^e Legislative Assembly. 57 V., c. 16, s. 12; 59V., c. 13, s. 6. (2) NOT MORE T H A N $25,000 TO BE PAID OUT IN ANY YEAR.—Should so large a quantity of ore be raised or mined and smelted in any one year that the sum of $25,000 will be insufficient to meet the payments provided for in the preceding subsection, then payments to the miners or producers thereof shall be made upon a pro rata basis, so that no more than $25,000 shall be paid for the produce of ores in any one year. 57 V., c. 16, s, 13. 12. U N E X P E N D E D A P P R O P R I A T I O N TO L A P S E A F T E R F I V E YEARS.—Payments out of the appropriation of $125,000 for the Iron Mining Fund shall cease and determine with the payments of any sum or sums which shall have been earned during the said period of five years, and any part or balance of the said sum remaining thereafter shall be returned to and become part of the Consolidated Revenue Fund of the Province. 57V., c. 16, s. 14. 13. P U R C H A S E OF D R I L L S FOR EXPLORATORY PURPOSES.—(1) The Commissioner of Crown Lands may, out of the moneys voted for that purpose, purchase not more than two diamond drills 300 ONTARIO. BUREAU OF MINES. to be used in exploratory drilling* of ores or minerals in the Province, under rules and regulations to be made by the Lieutenant Governor in Council. (2) The regulations shall, amongst other things, provide: (a) For the control and working of the drills under the direction of a person or persons employed for the purpose by the Bureau of Mines. (b) As to the payment of freight charges where the drills are used upon mines or lands other than those owned by the Crown. (c) As to the applications for the use of the drills and the method of dealing therewith. (d) As to the charges for the use of the drills and for damages thereto, or wear and tear connected therewith, and otherwise as to the Lieutenant Governor in Council shall seem meet. 57 V., c. 16, s. 14. A P P O I N T M E N T GF DIRECTOR.—There shall be established in connection with the Department of Crown Lands a Bureau of Mines to aid in promoting the mining interests of the Province, and the Lieutenant Governor in Council may appoint an officer to be known as director of the Bureau of Mines, who shall act under the direction of the Commissioner of Crown Lands, unless and till otherwise ordered, and who shall be paid such salary as shall be voted by the Legislature, 55 V., c. 9, s. 22. 15. POWERS O F DIRECTOR.—The Director of the Bureau of Mines shall have all the powers, rights and authority throughout the Province which an inspector or local agent has or may exercise in any mining division or locality, and such other powers, rights and authority for the carrying out of the provisions of this act as shall be assigned to him by regulation. 55 V,, c. 9, s. 23. 301 ONTARIO. BUREAU OF MINES. 16. A P P O I N T M E N T AND POWERS OF INSPECTORS OF MINING DIVISIONS.—(i) The Lieutenant Governor may appoint for the Province, or any part thereof, and for every mining division or for any part thereof, an inspector, who shall b e a n officer of the Bureau of Mines, and may by order in council prescribe the duties and fix the salary of such inspector. 55 V., c. 9, s. 25; 60 V., c. 8, s. 12. (2) INSPECTOR NOT TO BE I N T E R E S T E D IN MINES.—No person shall be appointed or authorized to act as an inspector who practices or acts, or is a partner of any person who practices or acts, as a mining agent, or who is employed by the owners of or is interested in any mine. 55 V., c. 9, s. 64; 60 V., c. 8, s. 26. 17. A P P O I N T M E N T OF A G E N T S FOR SALE OF MINING LANDS.—The Lieutenant Governor may from time to time appoint local officers or agents to receive applications for the sale of mining lands in their respective agencies and to carry out the provisions of any regulations and orders in council in that behalf, and to supply information to intending purchasers, and such officers and agents shall be paid in such manner and at such rates as the Lieutenant Governor in Council may direct. 55 V . , c. 9, s. 28 (1). 18. O F F I C E R S TO H A V E NO I N T E R E S T IN MINING CLAIMS, ETC.—No officer appointed under this act shall, either directly or indirectly, purchase or be or become proprietor of, or interested in, any Crown lands or mining claim; and any such purchase or interest shall be void. PENALTY.—And if any officer violates the provisions of this section he shall forfeit his office, and in addition thereto shall be liable to a penalty of $500 for every such offense, to be recovered in an 302 ONTARIO. INSPECTOR, action by any person who sues for the same. 55 V., c. 9, s. 27. 19. P O W E R S OF INSPECTOR.—An inspector under this act shall have power to do all or any of the following things, namely: (1.) To make such examination and inquiry as may be necessary to ascertain whether the provisions of this act relating to matters either above or below ground are complied with in the case of any mine. (2.) To enter, inspect and examine any mine and every portion thereof, at all reasonable times by day or night, but so as not to impede or obstruct the working of the mine. (3.) To examine into and make inquiry respecting the state and condition of any mine, or any portion thereof, and the ventilation of the mine, and all matters and things connected with or relating to the safety of the persons employed in or about the mine, or any mine contiguous thereto, and to give notice to the owner or agent in writing of any particulars in which he considers such mine or any portion thereof or any matter, thing or practice to be dangerous or defective, and to require the same to be remedied within the period of time named in such notice, and unless the cause of danger is removed or such defect is remedied within the time named, the owner or agent shall be guilty of an offense against this act. (4.) To exercise such other powers as may be necessary for ensuring the health and safety of miners and all other persons employed in or about mines and mining works. 55 V., c. 9, s. 65 (1); 60 V., c. 8, s. 27. 20. R E P O R T S OF INSPECTOR.—Every inspector under this act shall make an annual report of his proceedings during the preceding year to the Director of the Bureau of Mines, which report shall 303 ONTARIO. INSPECTOR. be laid before the Legislative Assembly. 55 V., c. 9, s. 67, part. 21. S E R V I C E OF NOTICES P E N D I N G APP O I N T M E N T OF INSPECTOR.—In the event of a vacancy in the office of Mining Inspector any notice by this act required to be given to such officer shall be given to the Director of the Bureau of Mines. 55 V., c. 9, s. 6S. 22. P L A N S TO BE PRODUCED ON INSPECTION OF MINE.—On the occasion of any examination or inspection of a mine the owner shall, if required so to do, produce to the inspector or any other person authorized by the Commissioner of Crown Lands, an accurate plan of the workings thereof; every such plan as aforesaid shall show the workings of the mine up to within six months of the time of the inspection, and the owner shall, if required by such inspector or other authorized person, cause to be marked on such plan the progress of the workings of the mine up to the time of such inspection, and shall also permit the inspector to take a copy or tracing thereof. 55 V., c. 9, s. 66. 23. I N S P E C T O R TO BE A J U S T I C E OF T H E PEACE.—Every inspector shall be ex-officio a justice of the peace of the county or united counties, district or districts which a mining division comprehends or includes, in whole or in part, or in which or in any portion of which a mining division lies, and it shall not be necessary that he shall reside therein or possess any property qualification whatever in order to enable him lawfully to act as such justice of the peace. 55 V., c. 9, s. 26 (1); 60 V., c. 8, s. 13. 24. P O W E R TO S E T T L E D I S P U T E S BET W E E N LICENSEES.—Every inspector shall, as to the mining division for which he is appointed, 304 CLAIMS. ONTARIO. have power to settle summarily all disputes between licensees as to the existence or forfeitures of mining claims, and the extent and boundary thereof, and as to the use of water and access thereto, and generally to settle all difficulties, matters or questions between licensees which may arise under this act; and the decision of such inspector, in all cases under this act, shall be final, except where otherwise provided by this act, or where another tribunal is appointed under the authority of this act; and no case tinder this act shall be removed into any court by certiorari. 55 V., c. 9, s. 26 (2). 25. A P P O I N T M E N T OF CONSTABLES IN MINING DIVISIONS.—Every inspector appointed in and for a mining division tinder this act may appoint any number of constables not exceeding four; and the persons so from time to time appointed shall be and are hereby constituted, respectively, constables and peace officers for the purposes of this act, for and during the terms and within the mining divisions for which they are respectively appointed. 55 V., c. 9, s. 46. P A R T II.—MINING LOCATIONS. 26. FORM A N D SIZE OF MINING LOCATIONS.—Mining locations under this act shall conform to the following requirements: (1.) IN U N S U R V E Y E D T E R R I T O R I E S IN ALGOMA, ETC. In the unsurveyed territory within the District of Algoma, Thunder Bay and Rainy River, and that part of the District of Nipissing which lies north of the French River, Lake Nipissing and the River Mattawa, every regular mining location shall be rectangular in shape, and the bearings of the outlines thereof shall be due 20 305 CLAIMS. ONTARIO. north and south and due east and west astronomically. DIMENSIONS.—And such location shall be of one of the following dimensions, namely, eight chains in length by forty chains in width, containing 320 acres, or forty chains square, containing 160 acres, or forty chains in length by twenty chains in width, containing eighty acres, or twenty chains in length by twenty chains in width, containing forty acres. (2.) W H E N LOCATIONS BORDER ON L A K E S A N D R I V E R S IN SAID TERRITORY.—Where a mining location in the unsurveyed lands in the territory aforesaid borders upon a lake or river a road allowance of one chain in width shall be reserved along the margin of the lake or river, and the width of the location shall front on the road allowance, and the bearings of the other outlines of the location shall be due north and south and due east and west astronomically, and the location shall otherwise conform to the requirements of the preceding subsection as nearly as the nature of the land will admit. I S L A N D OF T H I R T Y ACRES. — Provided, that the Commissioner of Crown Lands may, where in his opinion the public interests will not be prejudiced, specially direct that such reservation shall not be made in the case of any island or islands which contain not more than thirty acres. (3.) W H E N IN T O W N S H I P S IN SAID T E R R I TORY S U R V E Y E D IN S E C T I O N S . — I n the townships in said territory surveyed or hereafter to be surveyed into sections or lots, every mining location after such survey shall consist of a half, a quarter, an eighth or a sixteenth of a section or lot as 306 ONTARIO. CLAIMS, the case may be, but so that the area of any such mining location shall not be less than forty acres. (4.) R E S E R V A T I O N FOR ROADS.—In all patents and leases for mining locations in the territory aforesaid there shall be a reservation for roads of five per centum of the quantity of land professed to be granted. 55 V., c. 9, s. 10 (1-4). (5.) LOCATIONS IN O T H E R U N S U R V E Y E D T E R R I T O R Y . — I n the lands not situate within the limits of the territory aforesaid mining locations shall be as may be defined by any order in council hereafter to be made, but so that the area of any such location shall be not less than forty acres. 55 V., c. 9, s. 10 (5); 57 V., c. 16, s. 3. 27. HOW MINING LOCATIONS IN UNSURV E Y E D T E R R I T O R Y TO BE S U R V E Y E D . — Mining locations in unsurveyed territory shall be surveyed by an Ontario Land Surveyor, and shall be connected with some known point in previous surveys, or with some other known point or boundary (so that the tract may be laid down on the office maps of the Territory in the Department of Crown Lands) at the cost of the applicants, who shall be required to furnish within four months of the time of their application the surveyor's plan, field notes and description of the location, showing a survey in accordance with this act, and to the satisfaction of the Commissioner of Crown Lands, and such surveyor's plan, field notes and description shall not be regarded as constituting a claim to the location on behalf of the party for whom or at whose instance they have been prepared, unless they shall be filed in the Department of Crown Lands immediately upon completion of the survey. 55 V., c. 9, s. 11; 60 V., c. 8, s. 7 (1). 28. CONDITIONS OF 307 APPLICATION FOR ONTARIO. CLAIMS. MINING LOCATIONS,—In addition to the requirements of Sections 26 and 27, every application for a mining location shall be accompanied with an affidavit showing the discovery of valuable or or mineral thereon by or on behalf of the applicant, and that he has no knowledge and has never heard of any adverse claim by reason of prior discovery or otherwise, and every applicant shall within sixty days pay into the Department of Crown Lands onefourth of the purchase price or rental, and within three months the remaining three-fourths, the time to be reckoned from the date on which the application has been filed in the department, and in case of failure in respect of any of these requirements the application shall lapse and be of no effect. Provided, however, that in no case shall a patent or lease for a location in unsurveyed territory issue until a survey has been filed as required by the next preceding section, and that in the case of locations in surveyed townships the time for completing all requirements on the part of an applicant may be limited to thirty days at the discretion of the Commissioner of Crown Lands. 60 V., c. 8, s. 7 (2). 29. L I M I T OF A P P L I C A T I O N S IN ANY COUNTY OR DISTRICT.—No application for mining lands containing ores or minerals of the same class or kind shall be entertained in any one calendar year from any person for more than 320 acres, nor from any firm, partnership, syndicate or incorporated company for more than 640 acres, within a radius of fifteen miles in any one district or county of the Province, and such areas may be composed of separate locations of not less than forty acres each; and in the event of an application lapsing or becoming abandoned, the applicant therefor may apply for other mining land in the same district or county in place thereof, but so as not to 308 ONTARIO. CLAIMS. exceed the limit herein provided; and where a locality or territory is reported or shown to be rich in ores or minerals, the Commissioner of Crown Lands may still further limit applicants to one or more locations of forty acres, at his discretion. 60 V., c. 8, s. 7 (3). 30. A P P L I C A T I O N S P R I O R TO 13th A P R I L , 1897.—In the case of applications for mining lands made prior to the thirteenth day of April, 1897, and not prior to that day finally disposed of by the Commissioner of Crown Lands, the periods in which all requirements herein are to be completed shall date from the said thirteenth day of April; and, in all other respects, the provisions of Sections 27, 28 and 29 shall apply, except in cases where the surveys for the lands had prior to the said day been made and filed, or at least onehalf of the purchase money paid thereon, in which cases the periods of time mentioned in Section 28 shall be deemed to run from the said thirteenth day of April. 60 V., c. 8, s. 7 (4). 31. P R I C E OF MINING LOCATIONS.—(1) The price per acre of all Crown lands to be sold as mining lands or locations in the districts of Algoma, Thunder Bay, Rainy River and that part of the district of Nipissing which lies north of the French River, Lake Nipissing, and the River Mattawa shall be: (a) If in a surveyed township and within six miles of any railway $3 00 (b) If elsewhere in surveyed territory, 2 5 0 (c) If within six miles of any railway but in unsurveyed territory... 2 5 0 (d) If situate elsewhere in unsurveyed territory 2 00 (2) P R I C E OF CROWN LANDS.—The price 309 ONTARIO. CLAIMS. per acre of all other Crown lands sold as mining lands or locations and lying south of the aforesaid lake and rivers shall b e : (e) If in a surveyed township and within six miles of any railway $2 00 (/) If situate elsewhere 1 50 57V., c 16, s. 4 part. (3) P R I C E OF MINING RIGHTS.—The price per acre for a patent of mining rights shall be half of the above rates. (Order in council dated May 21, 1897.) 32. F I R S T D I S C O V E R E R OF M I N E R A L S TO BE E N T I T L E D TO A F R E E GRANT.—A prospector or explorer who is the first discoverer of valuable metals, ores or minerals shall be entitled, subject to the royalties provided by this act, to a free grant of one location of forty acres where the vein, lode or other deposit is not less than ten miles from the nearest known mine, vein, lode or deposit of the same metal, ore or mineral respectively; and proofs of his being the first discoverer and of the distance from the nearest known occurrence of the same metal, ore or mineral shall be made by affidavit to the satisfaction of the Commissioner of Crown Lands. 60 V., c. 8, s. 3. 33. W I T H D R A W A L OF T E R R I T O R Y PENDING E X P L O R A T I O N , W I T H P O W E R TO INC R E A S E T H E P R I C E OR RENT.—Where a part or section of the Province is shown or reported to be rich in ores or minerals the Lieutenant Governor in Council may withdraw the whole or a portion thereof from sale or lease, and set the same apart pending an exploration thereof or the prospecting of veins, lodes or other deposits of ores or minerals therein by the use of a diamond drill or otherwise, under direction of the Commissioner of 310 ONTARIO. CLAIMS. Crown Lands, and may fix the price per acre at any greater sum than is hereinbefore provided, or may offer the same for sale at public auction, on such terms and conditions as may be fixed by order in council. 60 V., c. 8, s. 8. 34. LOCATION SOLD TO BE H E L D UND E R CONDITION OF C E R T A I N E X P E N D I T U R E S IN MINING T H E R E O N . — (1) The grantee or owner of any mining location sold and patented under Section 31 shall, during the seven years immediately following the issue of the patent therefor, expend in stripping or in opening up mines, in sinking shafts or in other actual mining operations, exclusive of all houses, roads and other like improvements, a sum not less than at the rate of one dollar per acre during the first two years, and a sum not less than at the rate of one dollar per acre during each remaining year of the said seven years, and the said expenditure may consist of labor actually performed by grown men to be computed at the rate of two dollars per man per day; but if two or more locations are contiguous, the whole of the mining work herein required may be done upon one of them. (2) ON D E F A U L T TO R E V E R T TO T H E CROWN.—In default of such expenditure during the first two years or during any subsequent year of the said period of seven years all rights connected with any such mining location shall, upon an order in that behalf being made by the Lieutenant Governor in Council, upon the report of the Director of the Bureau of Mines that such expenditure has not been made, revert to, and be vested in, Her Majesty, her successors and assigns, for the public uses of the Province, freed and discharged of any interest or claim of any other person or persons whatsoever. 60 V., c. 8, s. 9. 311 ONTARIO. LEASES 35. L E A S E S OF MINING LANDS AUTHORIZED.—(1) Instead of granting any mining lands in fee simple the same may be leased or demised for a term of ten years, with the right of renewal for a further term of ten years at the same rental if the covenants and conditions have been performed and fulfilled. (2) RENTAL.—Unless otherwise provided by regulation the rental for the first year shall be one dollar per acre, and for each year thereafter the sum of twenty-five cents per acre payable in advance, in respect of lands within the territory designated in the first subsection of Section 31 of this act; and sixty cents per acre the first year, and thereafter for each year fifteen cents per acre, payable in advance, in respect of lands situate elsewhere. (3) R E N E W A L OF LEASE.—Such lease may, at the expiration of the second term, if the covenants and conditions thereof have been performed and fulfilled, be renewed for a term of twenty years on such conditions and at such rent as the regulations shall provide, and may in like manner and subject to the like conditions be renewed from time to time at the expiration of every twenty years. (4) CONDITIONS OF LEASE.—Every such lease shall be subject to such covenants and conditions on the part of the lessee, his executors, administrators and assigns, to be paid, observed and performed, as shall be provided by regulation. (5) REMOVAL OF M A C H I N E R Y ON EXPIRY OF LEASE.—The said lease may among other things provide for the removal, in case of forfeiture or non-renewal of the lease, of any mining plant and machinery which the lessee, his executors, 312 ONTARIO. LEASES. heirs and administrators shall have placed or erected upon the said premises. (6) E X P E N D I T U R E UPON LANDS LEASED. —There shall be expended in stripping or in opening" up mines or in sinking shafts or in other actual mining operations the like sums upon lands leased under the provisions of this act as it is provided by Section 34 hereof shall be expended in the case of sales or grants and within the like periods, and in default of such expenditure the lease shall be forfeited and become absolutely void, and the said lands, mines and minerals shall, upon an order in that behalf being made by the Lieutenant Governor in Council upon the report of the Director of the Bureau of Mines that such expenditure has not been made, revert to and become the property of and be vested in Her Majesty, her successors and assigns, and shall cease to be the property of any other person or persons whatsoever. 55 V., c. 9, s. 14. (7) When mining rights are leased the rental shall be fifty per cent, of the rates fixed by Subsection 2. Order in council dated May 21, 1897. 36. F O R F E I T U R E OF L E A S E S ON NONP A Y M E N T OF RENT.—If default is made by the lessee in the payment of rent the lease shall be forfeited, but the lessee may defeat the forfeiture by payment of the full amount of rent within ninety days from the day when the same becomes payable; but unless the whole of the rent is paid within ninety days from the said day the lease shall be absolutely forfeited and void, any statute, law, usage or custom to the contrary notwithstanding, and all claims of any and every kind of the lessee or his assigns shall from and after such period forever cease and determine. 55 V., c. 9, s. 16. 37. F A I L U R E OF CO-OWNER OR CO-LESS E E TO C O N T R I B U T E H I S SHARE.—(1) 313 LEASES. ONTARIO. Upon the failure of any one or more of several coowners or co-lessees of a location to contribute his or their proportion of the expenditures or of the rental necessary to hold such location, the co-owners or co-lessees who have performed the labor or made the improvements or paid the rent as required by the provisions of this act may, at the expiration of the year, give such delinquent co-owner or co-lessee, or his personal representative in case of death, personal notice in writing, or notice by registered letter addressed to his last known place of abode, calling upon him to make the necessary payment; and if upon the expiration of three calendar months from such notice the delinquent co-owner or colessee or his said representative shall have failed to contribute his proportion to meet such expenditures or improvements or rental, as the case may be, upon report thereof by the Director of the Bureau of Mines, the Commissioner of Crown Lands may order that his interest in the location shall become the property of and be vested in his co-owners or co-lessees who have made the expenditures or improvements or paid the rent overdue as aforesaid; and the same shall vest in such co-owners or colessees accordingly; or if the commissioner thinks fit to refer the matter to the High Court, the Court shall have authority to make the like order. (2) W H E N NOTICE MAY BE GIVEN TO H E I R S . — I n case of the death of such person either before or after default in respect of his share, and no person has taken out administration to his estate or has obtained probate of his will, the notice provided for in the preceding subsection may be given to the heirs of such person. 60 V., c. 8, s. 10. 38. W H E N L E S S E E MAY BECOME PURCHASER.—The lessee may at any time during the demised term, upon the payment of all rent 3H TIMBER. ONTARIO. due and the performance and fulfillment of all other covenants and conditions, become the purchaser of the lands demised to him, and in such case the sum paid for the first year's rental shall be treated as part of the purchase money. 55V., c. 9, s. 15. 39. P I N E T R E E S RESERVED.—(1) The patents for all Crown lands sold as mining lands shall contain a reservation of all pine trees standing or being on the lands, which pine trees shall continue to be the property of Her Majesty, and any person holding a license to cut timber or sawlogs on such lands may at all times during the continuance of the license enter upon the lands and cut and remove such trees and make all necessary roads for that purpose. (2) P A T E N T E E S MAY USE T I M B E R FOR BUILDING, FENCING, ETC., ON T H E LAND. —The patentees or those claiming under them (except patentees of mining rights hereinafter mentioned) may cut and use such trees as may be necessary for the purpose of building, fencing and fuel on the land so patented, or for any other purpose essential to the working of the mines thereon, and may also cut and dispose of all trees required to be removed in actually clearing the land for cultivation. (3) T I M B E R CUT TO BE SUBJECT T O DUES.—No pine trees except for the said necessary building, fencing and fuel, or other purpose essential to the working of the mine, shall be cut beyond the limit of such actual clearing; and all pine trees so cut and disposed of, except for the said necessary building, fencing and fuel, or other purpose aforesaid, shall be subject to the payment of the same dues as are at the time payable by the holders of licenses to cut timber or sawlogs. 55 V., c. 9, s. 17. 3i5 ONTARIO. TIMBER. 40. APPLICATION OF SECTION 39 TO LEASES.—The preceding section shall apply to all leases issued under this act, other than leases of mining rights hereinafter mentioned, with the following limitations and variations, that is to say: 1. No pine trees shall be used for fuel other than dry pine trees, and (except for domestic or household purposes) only after the sanction of the timber licensee or the Department of Crown Lands is obtained. 2. In case it is intended to clear for cultivation any portion of the lands so leased it shall be the duty of the lessee to give the holder of the timber license three months' notice in writing of his intention to clear, and the area intended to be cleared, and its position, so that such timber licensee may remove any timber on the area intended to be cleared. 3. If at the expiry of the time limited by the notice such timber shall not have been removed from the area intended to be cleared, then the lessee shall be at liberty to cut and dispose of all trees required to be removed in actually clearing for cultivation the area specified in such notice, and all trees so cut and disposed of shall be subject to the payment of the same dues as are at the time payable by the holders of licenses. 4. If during the first ten years it is sought to cut timber, other than pine, on the lands so leased, beyond what is required for building, fencing or fuel, or in the course of actual clearing for cultivation, or for any other purpose essential to the working of the mines as hereinbefore provided, application shall first be made to the Commissioner of Crown Lands, who may grant authority to cut such timber and fix the rate of dues to be paid thereon. 55 V., c. 9, s. 18. 316 SURFACE RIGHTS. ONTARIO. 41. MINING R I G H T S R E S E R V E D MAY BE SOLD OR LEASED.—The ores, minerals and mining rights that have in the patents been reserved to the Crown in any land may be granted or leased to the owner of the surface rights who applies therefor, unless a patent or mining lease has been previously applied for by a person who is the first discoverer of valuable ore or mineral in or upon the premises, when such applicant shall have priority. 60 V . , c. 8, s. 11. 42. HOW COMPENSATION TO OWNER OP S U R F A C E R I G H T S S H A L L BE ASCERTAINED.—(1) Where the surface rights have been granted, leased or located, and a patent or lease of mining rights shall thereafter be granted in respect of the same land, in the event of the parties failing to agree upon compensation for injury or damage to the surface rights either in the form of a specified interest in the mineral rights or ore or mineral, to be secured to the owner of the surface rights, or by payment or agreement to pay in money, or the giving of security, the Director of the Bureau of Mines shall order and prescribe the manner in which compensation for the damage or injury to the surface and surface rights shall be ascertained, paid or secured. (2) For the purposes aforesaid the said director is empowered to appoint a valuator or valuators, arbitrator or arbitrators, who shall have all the powers for the purposes for which he or they shall be appointed of an arbitrator or arbitrators under any act of the Legislature, or he may direct that such compensation shall be ascertained by suit or action in any County or District Court. 55 V., c. 9, s. 20. 43. R I G H T OF E N T R Y OF PROSPECTORS LIMITED.—No person shall have the right of entry as prospector or explorer upon the surface 317 ONTARIO. CLA IMS.—LICENSE. rights of that portion of any lot used as a garden, orchard, vineyard, nursery, plantation or pleasure ground, or upon which crops that may be damaged by such entry are growing, or on which is situated any spring, artificial reservoir, dam or waterworks, or any dwelling house, outhouse, manufactory, public building, church or cemetery, unless with the written consent of the owner, lessee or locatee, or of the person in whom the legal estate therein is vested. 55 V., c. 9, s. 21. P A R T III.—MINING CLAIMS. 44. MINING DIVISIONS, HOW TO BE DECLARED.—-The Lieutenant Governor in Council may from time to time by order in council declare any tract of country therein described to be a mining division; and by any subsequent order in council may from time to time extend, add to or diminish the limits of the division, or may otherwise amend any such order in council, or may cancel the same; and from and after the publication in the Ontario Gazette of an order in council declaring a tract of country to be a mining division, the mining division therein mentioned and described and all mines on Crown lands situate in the division shall be subject to the provisions of this act, and to any regulations to be made under this act. 55 V., c. 9, s. 24. 45. M I N E R ' S LICENSE.—(1) The Director of the Bureau of Mines may, on payment of a fee of ten dollars, grant to any person applying for the same a license to be called a "miner's license." (2) DURATION, ETC., OF LICENSE.—Every miner's license shall be in force for one year from the date thereof and shall not be transferable, ex318 ONTARIO. CLAIMS.—LICENSE. cept with the consent of the Director of the Bureau of Mines; and only one person shall be named therein, who shall be called the licensee, and who, before the expiration of the license, or within ten clear days thereafter, and not afterward, shall have the right to a renewal of the license by the Director of the Bureau on payment to him of the like fee of ten dollars, or such other sum as may then be the fee fixed by law or regulation for a miner's license; but in the case of a remote mining division, the Commissioner of Crown Lands may authorize and empower the inspector of the division to issue or renew such license, subject to the conditions and requirements of this section or any regulation thereunder. (3) FORM OF LICENSE.—A miner's license may be in the following form: PROVINCE OF ONTARIO. No. (Name of division) Mining Division. $ Bureau of Mines. (Date) 18 Miner's License. Issued to A. B., in consideration of the payment of a fee of ten dollars, under the provisions of The Mines act, to be in force for one year from the date hereof. C. D., Director. (4) P A Y M E N T TO P R E C E D E R E N E W A L . — A miner's license shall not be renewed until the fee of ten dollars has been paid. 57 V., c. 16, s. 4, part. 46. POWERS OF LICENSEE UNDER LICENSE.—A miner's license shall authorize the licensee personally, and not through another, to mine during one year from the date of the license, and 319 ONTARIO. CLAIMS. from the date of any renewal thereof, on any mining claim marked or staked out by such licensee on Crown lands, as hereinafter provided; but any person or persons not occupying any other mining claim may be employed by the licensee to assist him in working such claim, or the licensee may organize a company to work the same. 55 V., c. 9, s. 30; 57 V., c. 16, s. 5. 47. R I G H T OF L I C E N S E E TO S T A K E OUT CLAIMS AND WORK SAME.—A licensee who discovers a vein, lode or other deposit of ore or mineral within the division mentioned in his license, shall have the right to mark or stake out thereon a mining claim, providing that it is on Crown lands not withdrawn from location or exploration and is not included in a claim occupied by another licensee, or on lands the mines, minerals and mining rights whereof have been reserved by the Crown, and shall have the right to work the same or to transfer his interest therein to another licensee; and in case the surface rights have been granted, leased or located by the Crown to another person, the licensee must proceed as provided in Section 42 of this act. 60 V., c. 8, s. 14 (1). 48. HOW S T A K E D OUT.—A mining claim shall be deemed to be marked or staked out when a discovery post of wood or iron on which is written or stamped the name of the licensee is planted upon an outcropping or other indication of ore or mineral within the boundaries of the said claim, and a post of wood or iron is planted at each of the four corners in the order following, viz.: No. I at the northeast corner, No. II at the southeast corner, No. I l l at the southwest corner and No. IV at the northwest corner, the number in each case to be on the side of the post turned toward the post which follows in the order in which they are 320 CLAIMS. ONTARIO. named; and if one or more corners of a claim fall in any situation where the nature or shape of the ground renders the planting of a post or posts impracticable, such corner or corners may be indicated by placing at the nearest suitable point a witness post, which in that case shall contain the same marks as those prescribed herein for corner posts, together with the letters W. P. and an indication of the bearing and distance of the site of the true corner from such witness jpost. 60 V., c. 8, s. 14 (2). 49. NOT MORE T H A N ONE CLAIM TO BE S T A K E D OUT ON SAME VEIN.—No more than one claim shall be staked out by any individual licensee upon the same vein, lode or deposit of ore or mineral, unless such claim4s distant at least three miles from the nearest known mine or discovery on the same vein or lode. 60 V., c. 8, s. 14 (3). 50. DIMENSIONS OF MINING CLAIMS.— (1) A mining claim shall be a square of fifteen chains, or 990 feet, containing twenty-two and onehalf acres. (2) HOW TO BE LAID OUT.—Each mining claim shall be laid out with boundary lines running north and south and east and west astronomically, and the measurements of each claim shall be horizontal, and the ground included in each claim shall be deemed to be bounded under the surface by lines vertical to the horizon. (3) W A T E R P O W E R NOT TO BE D E E M E D INCLUDED.—A valuable water power lying within the limits of a claim shall not be deemed as part of it for the uses of the licensee. 60 V., c. 8, s. 14 (4). 51. F O R F E I T U R E OF CLAIMS BY FAILU R E TO N O T I F Y INSPECTOR AND TO F U R N I S H PLAN.—(1) Every inspector appointed under this act shall keep a book for the recording 321 ONTARIO. CLAIMS. therein of mining claims, which, book shall be open to inspection by any person on payment of a fee of twenty cents; and every licensee who has marked or staked out a mining claim under this act shall within thirty days thereafter supply to the inspector of the division an outline sketch or plan thereof showing the discovery post and the corner posts, and the witness posts (if any), and their distances from each other in feet, together with a notice in writing setting forth the name of the licensee and the number of his license, the name (if any) of the claim and its locality as indicated by some general description or statement, the time when the same was marked or staked out, the length of the boundary lines if for any cause they are not regular, and the nature of such cause, the situation of the discovery post as indicated by distance and direction from the first corner post, and the date of the record; and the inspector shall forthwith enter the particulars of the notice in his book, and shall file the notice and sketch or plan with the records of his office. (2) If the licensee fails to comply with the provisions of this section so far as the same relate to him, the mining claim so marked or staked out shall be deemed to be forfeited and abandoned, and all right of the licensee therein shall cease. 55 V., c. 9, s. 34; 60 V., c. 8, s. 15, and c. 3, s. 3. 52. F O R F E I T U R E BY A L L O W I N G CLAIM TO R E M A I N UNWORKED.—(1) A mining claim shall also be deemed to be forfeited and abandoned, and all right of the licensee therein shall cease, in case the mining claim remains unworked for the space of three months after the same has been first marked or staked out as aforesaid, or if the same at any time after the expiration of three months, remains unworked for the period of fifteen days. 1 1 Brown v. Com'r for Railways, 15 App. Cas. 200; T h e Queen v. McCurdy, 2 Ex. C. H., 311. 322 CLAIMS. ONTARIO (2) PROVISO.—Provided, however, that in case it is shown to the satisfaction of the inspector of the division, either before the expiration of the respective periods aforesaid or within fifteen days thereafter, that the non-working of such claim arose from the illness of the licensee, or other reasonable cause satisfactory to the inspector, he may extend the time during which the mining claim may remain unworked for such period as he thinks reasonable, and may in like manner thereafter, for reasonable cause established to his satisfaction, grant further extensions of the time during which the claim may remain unworked without being liable to forfeiture; and the inspector shall forthwith enter in the said book all such extensions of the time granted by him and shall report all such extensions. (3) PROVISO AS TO N O R T H E R N DISTRICTS.—Provided also that in those parts of the Province lying to the north of French River, Lake Nipissing and Mattawa River, and extending thence to the western limits of the Province, no forfeiture shall be incurred by reason of the non-working of a mining claim between the first day of December and the first day of April following; but in any case actual mining operations must be carried on upon claims taken up in the said territory for at least eight months in every calendar year, saving as provided herein. 55 V., c. 9, s. 35; 57 V., c. 16, s. 6; 60 V., c. 8, s. 16. 53. EXCEPTION W H E R E SUSPENSION OP WORK ORDERED.—No mining claim within a division shall be considered unworked within the meaning of the preceding section during the time that an order in council directs that work on mining claims within such mining division may be suspended. 55 V. ? c. 9, s. 36. 323 CLAIMS. ONTARIO. 54. L I C E N S E TO BE E X H I B I T E D TO INSPECTOR ON DEMAND.—Every licensee shall produce and exhibit his license to the inspector for the division, and prove to the satisfaction of the inspector that it is in force, whenever required by him so to do. 55 V., c. 9, s. 38. 55. P A R T Y W A L L S TO BE L E F T BET W E E N CLAIMS, AND K E P T CLEAR FOR U S E AS ROADS.—PENALTY.—A party wall of at least fifteen feet thick shall be left between adjoining claims on Crown lands, which party wall shall be used in common by all parties as a roadway for all purposes for which the same may be required, and as a mode of access to the stream, lake or pond where one exists; and the party wall shall not be obstructed by any person throwing soil, stone or other material thereon; and every person so obstructing the party wall shall be liable to a fine of not more than five dollars and costs; and in default of the payment of the fine and costs, to be imprisoned for any period not exceeding one month. 55 V., c. 9, s. 41; 60 V., c. 8, s. 18. 56. PERSON REMOVING P A R T Y W A L L TO CONSTRUCT N E W ROADWAY.—If at any time it is found necessary or expedient to remove a party wall as aforesaid, the person so removing it shall, if required so to do, construct a new roadway 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 minerals found therein shall belong to the owners of the adjoining claims, each of whom shall own the half next his claim. 55 V., c. 9, s. 42; 60 V., c. 8, s. 19. 57. CROWN LANDS' L I C E N S E E S NOT TO 324 ONTARIO. RIOTS DAMAGE O T H E R CLAIMS.—PENALTY.— No person mining- upon Crown lands shall cause damage or injury to the holder of any claim other than his own by throwing earth, clay, stones or other material upon such other claim, or by causing or allowing 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 the fine and costs he may be imprisoned for any period not more than one month. 55 V., c. 9, s. 4358. ACT R E S P E C T I N G RIOTS N E A R PUBLIC WORKS TO BE IN FORCE IN MINING DIVISIONS. — REV. STAT., C. 38. — (1) The Lieutenant 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 shall, so far as the provisions therein are applicable, be in force within any mining division or divisions; and upon, from and after the day to be named in any such proclamation, Section 1 and Sections 3 to IT inclusive of the said act shall, so far as the provisions thereof can be applied therein, take effect withm the mining division or mining divisions designated in the 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 mining division or divisions, as fully and effectually to all intents and purposes as if the persons so employed had been specially mentioned and referred to in the said act. (2) The Lieutenant Governor in Council may in like manner from time to time declare the said act to be no longer in force in such mining division or divisions; but this shall not prevent the Lieutenant 325 REGULATIONS. ONTARIO. Governor in Council from again declaring the said act to be in force in any such mining division or mining divisions; but no such proclamation shall have effect within the limits of a city. 55 V., c. 9, s. 47P A R T IV.—MINING R E G U L A T I O N S . 59. A P P L I C A T I O N OF P A R T IV.—This part shall apply to all mines, quarries and pits, and to oil, gas and salt wells, and other openings from which ores or minerals of any kind or class are raised or taken, and to all furnaces or works for smelting or otherwise treating ores, rocks, clays, sands, oils, brines or other minerals for any economic object; and all owners or agents of such mines, quarries, pits, wells, furnaces and works shall observe and keep the provisions of this Part, and in case of nonobservance thereof shall incur the penalties provided therefor by vSection 80. 59 V., c. 13, s. 2. 60. E M P L O Y M E N T OF WOMEN AND CHILDREN.—No boy under the age of fifteen years shall be employed in or allowed to be for the purpose of employment in any mine to which this act applies below ground; and no girl or woman shall be employed at mining work or allowed to be for the purpose of employment at mining work in or about any mine. 55 V., c. 9, s. 54. 61. H O U R S OF E M P L O Y M E N T OF BOYS. —No boy or young male person of the age of fifteen and under the age of seventeen years shall be employed or allowed to be for the purpose of employment in any mine to which this part applies below ground on Sunday or for more than forty-eight hours in any one week, or more than eight hours in any one day. 326 BEG ONTARIO. ULATIONS. (2) The period of such employment, and the time during which any such boy or person may be below ground for the purpose of employment, shall respectively be deemed to begin at the time of leaving the surface, and to end at the time of returning to the surface. (3) A week shall mean the period between midnight on Sunday night and midnight on the succeeding Saturday night. 55 V., c. 9, s. 55; 60 V., c. 8, s. 22. 62. R E G I S T E R TO BE K E P T OF LADS EMPLOYED.—The owner or agent of every mine to which this part applies shall keep in the office at the mine, or in the principal office of the mine belonging to the same owner in the district in which the mine is situated, a register, and shall cause to be entered in such register the name, age, residence and date of the first employment of all boys or young male persons of the age of fifteen and under the age of seventeen years who are employed in the mine below ground, and shall produce such register to any inspector at the mine at all reasonable times when required by him, and allow him to inspect and copy the same. The immediate employer of every boy or male young person of the age aforesaid, other than the owner or agent of the mine, before he causes such boy or male young person to be in any mine to which this Part applies below ground, shall report to the owner or agent of such mine, or some person appointed by such owner or agent, that he is about to employ such boy or young male person in the said mine. 55 V., c. 9, s. 56. 63. AGE AND SEX OF PERSONS IN CONNECTION W I T H ENGINES.—Where there is a shaft, inclined plane, or level in any mine to which this Part applies, whether for the purpose of an entrance to such mine or of a communication from 327 ONTARIO. REGULATIONS. one part to another part of such mine, and persons are taken up, down or along such shaft, plane or level by means of any engine, windlass or gin, driven or worked by steam or by any mechanical power, or by an animal, or by manual labor, no person shall be allowed to have charge of such engine, windlass or gin, or of any part of the machinery, ropes, chains or tackle connected therewith, unless he is a male of at least twenty years of age. Where the engine, windlass or gin is worked by an animal, the person under whose direction the driver of the animal acts shall, for the purposes of this section, be deemed to be the person in charge of the engine, windlass or gin, and no person shall be employed as such driver who is under sixteen years of age. 55 V., c. 9, s. 57. 64. P E N A L T Y FOR E M P L O Y M E N T OF PERSONS CONTRARY TO ACT.—If any person contravenes any provision of the four next preceding sections of this act, he shall be guilty of an offense against this act, and in case of any such contravention, by any person whomsoever in the case of any mine, the owner and the agent of such mine shall each be guilty of an offense against this act, unless such owner or agent proves that he had taken all reasonable means to prevent such contravention by publishing and to the best of his power enforcing the provisions of this act. 55 V., c. 9, s. 58 (1). 65. W H E R E P E R S O N U N D E R AGE EMPLOYED ON F A L S E R E P R E S E N T A T I O N . — I f it appears that a boy or young person or any person employed about an engine, windlass or gin, was employed on the representation of his parent or guardian that he was of an age at which his employment would not be in contravention- of this act, and under the belief in good faith that he was of that age, the owner or agent of the mine and the imme328 REGULATIONS. ONTARIO. diate employer shall be exempted from any penalty, notwithstanding such. boy or other person was not of an age at which his employment as aforesaid is authorized by this act, provided such owner, agent or employer shall immediately, upon discovery of the fact, discharge such boy from such employment, but the parent or guardian shall for the misrepresentation aforesaid be deemed guilty of an offense against this act. 55 V., c. 9, s. 58 (2); 60 V., c. 8, s. 23. 66. P R O H I B I T I O N OF PAYMENT OF WAGES A T PUBLIC HOUSES, ETC.—(1) No wages shall be paid to any person employed in or about any mine to which this Part applies at or within any public house, beer shop or place for the sale of any spirits, wine, beer, or other spirituous or fermented liquor, or other house of entertainment, or within any office, garden or place belonging or contiguous thereto or occupied therewith. (2) PENALTY.—Every person who contravenes, or permits any person to contravene this section, shall be guilty of an offense against this act, and in the event of any such contravention by any person whomsoever the owner and agent of the mine in respect of which the wages were paid shall each be guilty of an offense against this act, unless such owner or agent proves that he had taken all reasonable means to prevent such contravention by publishing and to the best of his power enforcing the provisions of this section. 55 V., c. 9, s. 59. 67. A N N U A L R E T U R N S BY OWNERS AND A G E N T S OF MINES.—(1) The owner or agent of any mine, quarry or other works to which this Part applies shall on or before the fifteenth day of January in every year send to the Bureau of Mines a correct return for the year ending on the preced329 ONTARIO. REGULATIONS. i n g thirty-first d a y of D e c e m b e r of t h e n u m b e r of p e r s o n s ordinarily e m p l o y e d in or a b o u t such m i n e below g r o u n d a n d above g r o u n d respectively, a n d d i s t i n g u i s h i n g t h e different classes a n d a g e s of t h e p e r s o n s so e m p l o y e d w h o s e h o u r s of l a b o r are r e g u l a t e d b y this act, t h e a v e r a g e r a t e of w a g e s of e a c h class a n d t h e total a m o u n t of w a g e s paid d u r i n g t h e year, t h e q u a n t i t y in s t a n d a r d w e i g h t of t h e m i n e r a l dressed, a n d of t h e u n d r e s s e d m i n e r a l w h i c h h a s b e e n sold, t r e a t e d or u s e d d u r i n g such year, a n d t h e v a l u e or e s t i m a t e d v a l u e thereof. PROVISION FOR MONTHLY OR QUART E R L Y R E T U R N S . — A n d t h e o w n e r or a g e n t of e v e r y metalliferous m i n e shall, if r e q u i r e d , m a k e s i m i l a r r e t u r n s a t t h e e n d of each m o n t h or q u a r t e r of t h e c a l e n d a r y e a r for such m o n t h or q u a r t e r in o r d e r t h a t t h e s a m e m a y b e t a b u l a t e d for publication b y t h e D i r e c t o r of t h e B u r e a u u n d e r t h e ins t r u c t i o n s of t h e C o m m i s s i o n e r of C r o w n L a n d s . (2) S C H E D U L E S T O B E F U R N I S H E D BY D I R E C T O R O F B U R E A U . — F o r t h e p u r p o s e of collecting t h e d a t a of such statistics t h e D i r e c t o r of t h e B u r e a u of Mines shall p r e p a r e t h e r e q u i r e d s c h e d u l e s in such forms as h e m a y from t i m e to t i m e d e e m desirable, a n d send t h e s a m e b y m a i l to b e filled u p a n d r e t u r n e d b y t h e o w n e r or a g e n t of e v e r y such m i n e , q u a r r y or w o r k s in t h e Province. 55 V., c. 9, s. 60 (1, 2 ) ; 59 V., c. 13, s. 3 (1); 60 V . , c. 8, s. 24. (3) P E N A L T Y . — E v e r y o w n e r or a g e n t of a m i n e , q u a r r y or o t h e r w o r k s w h o fails to c o m p l y w i t h t h i s section, or m a k e s a n y r e t u r n which is to his k n o w l e d g e false in a n y p a r t i c u l a r , shall b e guilty of a n offense a g a i n s t t h i s act. 55 V . , c. 9, s. 6 o (3); 59 V . , c. 13, s. 3 (2). 68. F E N C I N G O F A B A N D O N E D O R U N 330 REGULATIONS. ONTARIO. W O R K E D MINES.—For the prevention of accidents where any mine has been abandoned or the working thereof has been discontinued, the owner or lessee, or other person interested in the minerals of the mine shall cause the top of the shaft and all entrances from the surface, as well as all other pits and openings dangerous by reason of their depth, to be and to be kept securely fenced; and if and person fails to act in conformity with this section he shall be guilty of an offense against this Part, and any shaft, entrance, pit or other opening which is not fenced as aforesaid shall be deemed to be a nuisance. 60 V., c. 8, s. 25. 69. G E N E R A L RULES.—The following general rules shall, so far as may be reasonably practicable, be observed in every mine to which this Part applies. 1. V E N T I L A T I O N . — A n adequate amount of ventilation shall be constantly produced in every mine to such an extent that the shafts, winzes, sumps, levels, underground stables and working places of such mine and the traveling roads to and from such working places shall be in a fit state for working and passing therein. 2. GUNPOWDER AND BLASTING. —Gunpowder, dualin, dynamite or other explosive or inflammable substance shall only be used underground in the mine as follows: (a) It shall not be stored in the mine in any quantity exceeding what would be required for use during six working days. (&) It shall not be taken for use into the workings of the mine except in a securely covered case or canister, containing not more than eight pounds. (c) A workman shall not have at any time at any 331 ONTARIO. REGULATIONS. place where the same is being used more than one such case or canister. (d) In charging holes for blasting, unless in mines excepted from the operation of this section by the Commissioner of Crown Lands, an iron or steel pricker shall not be used, and no person shall have in his possession in the mine underground any iron or steel pricker, and an iron or steel tamping rod or stemmer shall not be used for ramming either the wadding or the first part of the tamping or stemming on the powder. (e) A charge of powder which has missed fire shall not be unrammed. (f) A charge which has missed fire may be drawn by a copper pricker, but in no case shall any iron or steel tool be used for the purpose of drawing or drilling out a charge. 55 V., c. 9, s. 74 (1-2). 3. No gunpowder, dualin, dynamite or other explosive shall be used to blast or break up ore in roast heaps where, by reason of the heated condition of such ore or otherwise, there is any danger or risk of premature explosion of the charge. 57V., c. 16, s. 10, part. • 4. M A N H O L E S IN S E L F - ACTING OR ENG I N E P L A N E S . — Every underground plane on which persons travel which is self-acting, or worked by an engine, windlass or gin, shall be provided at intervals of not more than twenty yards with sufficient manholes for places of refuge, and every such plane which exceeds thirty yards in length shall also be provided with some proper means of signaling between the stopping places and the ends of the plane. 55 V., c. 9, s. 74 (3). 5. R E F U G E S IN TRAMROADS.—Every road on which persons travel underground where the produce of the mine in transit ordinarily exceeds ten tons in any one hour over any part thereof shall 332 ONTARIO. REGULATIONS. be provided at intervals of not more than one hundred yards with sufficient spaces for places of refuge, each of which spaces shall be of sufficient length, and of at least three feet in width between the wagons running on the tramroad and the side of the road; and the Commissioner of Crown Lands may, if he sees fit, require the inspector to certify whether the produce of the mine in transit on the road aforesaid does or does not ordinarily exceed the weight as aforesaid, and such certificate shall be conclusive as to the matters therein stated. 55 V., c. 9, s. 74 (4); 60 V., c. 8, s. 28, part. 6. K E E P I N G R E F U G E S C L E A R . — E v e r y manhole and space for a place of refuge shall be constantly kept clear, and no person shall place anything in a manhole or in such space in such a position as to prevent convenient access thereto. 55 V., c. 9, s. 74 (5); 60 V., c. 8, s. 28, part. 7. F E N C I N G OF OLD S H A F T S AND OTHE R OPENINGS.—The top of every shaft which was opened before the commencement of the actual working for the time being of the mine and has not been used during such actual working shall, unless the inspector otherwise permits, be securely fenced; and the top of every other shaft which for the time being is out of use, or used only as an air shaft, and all other pits or openings dangerous by reason of their depth upon which work has been discontinued, shall also be securely fenced. 55 V., c. 9, s. 74 (6); 60 V., c. 8, s. 28, part. 8. F E N C I N G OF E N T R A N C E S TO S H A F T S . —The top and all entrances between the top and bottom of every working or pumping shaft shall be properly fenced, but this shall not be taken to forbid the temporary removal of the fence for the purpose of repairs or other operations, if proper precautions are used. 333 REGULATIONS. ONTARIO. 9. SECURING OF SHAFTS.—Where the natural strata are not safe, every working or pumping shaft, adit, tunnel, drive, roadway or other workings shall be securely cased, lined or timbered, or otherwise made secure. 10. S A F E T Y FROM W A T E R . — E v e r y mine shall be provided with proper and sufficient machinery and appliances for keeping such mine free from water, the accumulation or flowing of which might injuriously affect any other mine. 11. DIVISION OF SHAFT.—Where one portion of a shaft is used for the ascent and descent of persons by ladders or by a man-engine, and another portion of the same shaft is used for raising the material being mined, the first mentioned portion shall be cased or otherwise securely fenced off from the last mentioned portion. 12. SIGNALING.—Every working shaft in which persons are raised which exceeds fifty yards in depth, shall, unless exempted in writing by the inspector, be provided with guides and some proper means of communicating by distinct and definite signals from the bottom of the shaft, and from every entrance for the time being in work between the surface and the bottom of the shaft, to the surface, and also of communicating from the surface to the bottom of the shaft, and to every entrance for the time being in work between the surface and the bottom of the shaft. 13. COVER O V E R H E A D . — A sufficient cover overhead shall be used when lowering or raising persons in every working shaft, except where it is worked by a windlass, or where the person is employed about the pump or some work of repair in the shaft, or where a written exemption is given by the inspector. 334 ONTARIO. REGULATIONS. 14. CHAINS.—A single linked chain shall not be used for lowering or raising persons in any working shaft or plane except for the short coupling chain attached to the cage or load. 15. S L I P P I N G OF R O P E ON DRUM.—There shall be on the drum of every machine used for lowering or raising persons such flanges or horns, and also, if the drum is conical, such other appliances as may be sufficient to prevent the rope from slipping. 16. BRAKE.—There shall be attached to every machine worked by steam, water or other mechanical power, and used for lowering or raising persons, an adequate brake, and also a proper indicator (in addition to any mark on the rope) which will show to the person who works the machine the position of the cage or load in the shaft. 17. I N C L I N A T I O N OF L A D D E R S . — A proper footway or ladder, inclined at the most convenient angle which the space in which the ladder is fixed allows, shall be provided in every working shaft where no machinery is used for raising or lowering persons; and every such ladder shall have substantial platforms at intervals of not more than forty feet, and no such ladder shall be fixed for permanent use in a vertical or overhanging position unless in shafts used exclusively for pumping. In every mine in which vertical or overhanging ladders shall be in use in the shaft at the time these rules were first applied to it, such ladders may be retained if securely fixed platforms are constructed at intervals of more than thirty feet from each other, and such ladders have sufficient spaces for footholds of not less than six inches. 18. DRESSING-ROOM.—If more than twelve persons are ordinarily employed in the mine below 335 ONTARIO. REGULATIONS. ground, sufficient accommodation shall be provided above ground near the principal entrance of the mine, and not in the engine house or boiler house, for enabling the persons employed in the mine to conveniently dry and change their clothes. 19. F E N C I N G MACHINERY.—Every fly-wheel and all exposed and dangerous parts of the machinery used in or about the mine shall be kept securely fenced. 20. GAUGES TO B O I L E R S A N D S A F E T Y VALVES.—Every steam boiler shall be provided with a proper steam-gauge and water-gauge, to show respectively the pressure of steam and the height of water in the boiler, and with a proper safety valve. 21. W I L L F U L DAMAGE.—No person shall willfully damage, or without proper authority remove or render useless, any fencing, casing, lining, guide, means of signaling, signal, cover, chain, flange, horn, brake, indicator, ladder, platform, steam-gauge, water-gauge, safety valve, or other appliance or thing provided in any mine in compliance with this act. 55 V., c. 9, s. 74 (7-20). 70. NOTICE OF C H A N G E S IN CONNECT I O N W I T H T H E WORKING OF A MINE OR IN R E S P E C T OF I T S O F F I C E R S , ETC.— In any of the following cases, namely: 1. Where any working is commenced for the purpose of opening a new shaft for any mine to which this Part applies. 2. Where a shaft of any mine to which this Part applies is abandoned, or the working thereof discontinued. 3. Where the working of a shaft of any mine to which this Part applies is recommenced after an abandonment or discontinuance for a period exceeding two months; or 4. Where any change occurs in the name of a 3d6 ONTARIO. REGULATIONS, mine, or in the name of the owner or agent of a mine to which this Part applies, or in the officers of any incorporated company which is the owner of a mine to which this Part applies. The owner or agent of such mine shall give notice thereof to the inspector within two months after such commencement, abandonment, discontinuance, recommencement or change, and if such notice is not given the owner or agent shall be guilty of an offense against this act. 55 V., c. 9, s. 62; 59 V., c. 13, s. 4. 71. NOTICE OF ACCIDENTS IN MINES TO BE S E N T TO B U R E A U OF MINES.—(1) Where in or about any mine to which this act applies whether above or below ground, either 1. Loss of life or any personal injury to any person employed in or about the mine occurs by reason of any explosion of gas, powder or of any steam boiler; or 2. Loss of life or any serious personal injury to any person employed in or about the mine occurs by reason of any accident whatever, T H E O W N E R OR A G E N T of the mine shall, within twenty-four hours next after the explosion or accident, send notice in writing of the explosion or accident and of the loss of life or personal injury occasioned thereby to the Director of the Bureau of Mines, and shall specify in such notice the character of the explosion or accident and the number of persons killed and injured respectively. (2) W H E R E ANY P E R S O N A L INJURY, of which notice is required to be sent under this section, results in the death of the person injured, notice in writing of the death shall be sent to the inspector within twenty-four hours after such death comes to the knowledge of the owner or agent. Every owner or agent who fails to act in compliance 337 PENAL LAWS, ONTARIO. with this section shall be guilty of an offense against this act. 55 V., c. 9, s. 61. 72. SPECIAL R E P O R T . — T h e Commissioner of Crown Lands may at any time direct an inspector to make a special report with respect to any accident in a mine to which this act applies, which accident has caused loss of life or personal injury to any person, and in such case shall cause such report to be made public at such time and in such manner as he thinks expedient; and in conducting an inquiry into the cause of loss of life or of personal injury to any person in or about a mine, the inspector shall have power to take evidence upon oath. 55 V., e. 9, s. 67, part; 57 V., c. 16, s. 8. PART V.—OFFENSES AND PENALTIES. 73. P E N A L T Y FOR REMOVING PICKET.— Any person who removes, or disturbs with intent to remove, any stake, picket or other mark placed under the provisions of this act, shall forfeit and pay a sum not exceeding twenty dollars and costs; and in default of payment of the fine and costs, may be imprisoned for any period not exceeding one month. 55 V., c. 9, s. 4574. P E N A L T Y FOR C O N T R A V E N I N G P A R T III.—Every person contravening Part III of this act or any rule or regulation made under it, in any case where no other penalty or punishment is imposed, shall, for every day on which such contravention occurs, or continues, or is repeated, incur a fine of not more than twenty dollars and costs; and in default of payment of the fine and costs, such person may be imprisoned for a period not exceeding one month. 55 V., c. 9, s. 48. 338 ONTARIO. PENAL LAWS. 75. P U N I S H M E N T FOR D E F A C I N G NOTICES.—Every person who pulls down, injures or defaces any rules, notice or abstract posted up by the owner or agent shall be guilty of an offense against this act. 55 V., c. 9, s. 75. 76. P E N A L T Y FOR OBSTRUCTING INSPECTOR.^—Every person who willfully obstructs an inspector in the execution of his duty under this act, and every owner or agent of a mine who refuses or neglects to furnish to the inspector the means necessary for making any entry, inspection, examination or inquiry under this act in relation to such mine, shall be guilty of an offense against this act. 55 V., c. 9, s. 65 (2). 77. R E S P O N S I B I L I T Y OF CONTRACTOR TO P R E V E N T A C C I D E N T S . - W h e r e work of any sort in or about a mine is let to a contractor, he shall observe and carry out all the provisions of Part IV for the prevention of accidents, and if he contravenes any of such provisions he shall be guilty of an offense against this act and shall be liable to the same penalties and may be proceeded against in the same way and to the same extent and effect as if he were an owner or agent. 57 V., c. 16, s. 9. 78. C O N T R A V E N T I O N OF R U L E S TO BE AN OFFENSE.—Every person who contravenes or does not comply with any of the general rules contained in Section 69 shall be guilty of an offense against this act, and in the event of any contravention of or non-compliance with any of the said general rules in the case of any mine to which this act applies by any person whomsoever being proved, the owner and agent of such mine, and any contractor and foreman employed in or about such mine, shall each be guilty of an offense against this act 339 ONTARIO. PENAL LAWS. unless such contractor or foreman proves that he had taken all reasonable means to prevent such contravention or non-compliance by publishing, and to the best of his power enforcing, the said rules as regulations for the working of the mine. 55 V., c, 9, s. 74 (21); 57 V., c. 16, s. 10, part. 79. W H E R E EMPLOYES D E E M E D GUILTY. —Every person other than the owner or agent employed in or about a mine, who is guilty of any act' or omission which in the case of the owner or agent would be an offense against Part IV shall be deemed to be guilty of an offense against the said part. 55 V., c. 9, s. 69, p a r t 80. P E N A L T I E S . — E v e r y owner or agent guilty of an offense against Part IV shall be liable to a penalty not exceeding, except as in this section hereinafter provided, fifty dollars, and any other person guilty of an offense against Part IV aforesaid shall be liable to a penalty not exceeding, except as in this section hereinafter provided, ten dollars: Provided that if the Director of the Bureau of Mines or an inspector has given written notice of any such offense having been committed, every such owner, agent or other person shall be liable to a further penalty not exceeding five dollars for every day that such offense continues after such notice. 55 V., c. 9, s. 69, part; 59 V., c. 13, s. 5/ 81. PROSECUTION OF O W N E R OR AGENT. —No prosecution shall be instituted against the owner or agent of a mine to which this Part applies for any offense under this act except by an inspector, or by the county or district Crown attorney, or with the consent in writing of the attorney general; and in case the owner or agent of a mine is charged with an offense under this act he shall not be found guilty thereof if he proves that he had taken all 34o PENAL ONTARIO. LAWS. reasonable means to prevent the commission thereof, and an inspector shall not institute any prosecution against an owner or agent if satisfied that he had taken such reasonable means as aforesaid. 55 V., c. 9, s. 71. 82. I N S P E C T O R MAY CONVICT ON VIEW. —Every inspector for a mining division may convict upon view of any of the offenses punishable under the provisions of Part III of this act or any regulation made under it. 55 V., c. 9, s. 49. S3. M A N N E R IN W H I C H P R O S E C U T I O N MAY T A K E P L A C E . — R E V . STAT., C. 90.— All prosecutions for the punishment of any offense tinder this act except under Section 18 may take place before any two or more of Her Majesty's justices of the peace having jurisdiction in the county or district in which the offense is committed, or before a police or stipendiary magistrate, or before an inspector of the mining division, under the provisions of The Ontario Summary Convictions act. 55 V., c. 9, s. 52; 60 V., c. 8, s. 21. 84. L I M I T A T I O N S OF PROSECUTIONS AND FORM OF INFORMATION.—Any complaint or information made or laid in pursuance of this act shall be made or laid within three months from the time when the matter of such complaint or information respectively arose, and 1. The description of any offense under this act in the words of this act shall be sufficient in law. 2. Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offenses in this act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived no proof in relation to the matter so specified 'or negatived shall be required on the part of the prosecutor or informant. 55 V., c. 9, s. 70. 34i ONTARIO. MICHIPICOTON. 85. PROSECUTION U N D E R O T H E R ACTS. —Nothing in this act shall prevent any person from being indicted or liable under any other act or otherwise to any other or higher penalty or punishment than is provided for any offense by this act, provided that he shall not be punished twice for the same offense. 55 V., c. 9, s. 72 (1). S6. W H E R E PROSECUTION S H O U L D BE U N D E R A N O T H E R ACT.—If the court before whom a person is charged with an offense under this act thinks that proceedings ought to be taken against such person for such offense under any other act or otherwise, the court may adjourn the case to enable such proceedings to be taken. 55 V., c. 9, s 72 (2} 87. A P P L I C A T I O N OP F E E S , F I N E S AND PENALTIES.—Fees, penalties and fines received under this act, and the costs of all such convictions as take place before any inspector or magistrate appointed under this act, shall form part of the Consolidated Revenue Fund of this Province, and be accounted for and dealt with accordingly; and the expenses of carrying this act into effect in any mining division shall be paid by the Lieutenant Governor out of the said Consolidated Revenue Fund. 55 V., c. 9, s. 51. MICHIPICOTON MINING DIVISION. Copy of an order in council approved by His Honor the Lieutenant Governor, the 9th day of September, A. D. 1897. Upon consideration of the annexed memorandum of the Director of the Bureau of Mines, dated September 8, 1897,* and upon the recommendation of *Not printed. 342 MICHIPICOTON. ONTARIO. the Honorable the Commissioner of Crown Lands, the committee of council advise that the tract first mentioned in the said memorandum, namely, the tract limited upon its east side by the meridian of the east end of Dog Lake, or say eighty-four degrees west from Greenwich, on the south side by the latitude of Cape Gargantua, say forty-seven degrees thirty-six minutes, on the north side by the latitude of forty-eight degrees thirty minutes, and between the westerly ends of these lines of latitude, where they touch Lake Superior, by the shore line of said lake, containing about five thousand square miles, be so declared a mining division, and that the name thereof be the '' Michipicoton Mining Division." Certified, J. R. CARTWRIGHT, . Clerk, Executive Council. REVISED AND AMENDED REGULATIONS FOR MINING DIVISIONS. Approved by the Lieutenant Governor in Council, January 29, 1898. 1. ANY P E R S O N MAY E X P L O R E FOR M I N E R A L S on any Crown lands not for the time being marked or staked out and occupied, except on such lands as by the Lieutenant Governor in Council may have been withdrawn from sale, location or exploration as being valuable for their pine timber or for any other reason. 2. W H E R E .CROWN LANDS are situated within a mining division they may be occupied as mining claims under miners' licenses. 3. T H E L I E U T E N A N T GOVERNOR may 343 MICHIPICOTON. ONTARIO. appoint for every mining division or for any part thereof an inspector, who shall be an officer of the Bureau of Mines. 4. E V E R Y I N S P E C T O R shall have power to enter, inspect and examine any mine or portion thereof or works connected therewith relating to the health and safety of the persons employed in or about the mine or works, and to give notice to the owner or agent in writing of any particulars in which he considers such mine or works, or any portion thereof, or any matter, thing or practice, to be dangerous or defective, and to require the same to be remedied within the period of time named in such notice; and on the occasion of any examination or inspection of a mine the owner shall produce to the inspector, if required so to do, an accurate plan of the workings thereof up to the time of such inspection, and shall also permit the inspector to take a copy or tracing thereof. 5. E V E R Y I N S P E C T O R S H A L L BE EX-OFFICIO A J U S T I C E OF T H E PEACE of the county or united counties, district or districts which a mining division comprehends or includes, in whole or in part, or in which or in any portion of which a mining division lies. 6. E V E R Y INSPECTOR SHALL HAVE POWER, within the mining division for which he has been appointed, to settle summarily all disputes between licensees as to the existence or forfeiture of mining claims, and the extent and boundary thereof, and as to the use of water and access thereto, and generally to settle all difficulties, matters or questions which may arise between licensees; and the decision of the inspector in all such cases shall b e . final except where otherwise provided by the Mines act, or where another tribunal is appointed 344 ONTARIO. MICHIPICOTON. under authority of the act; and no case under the act shall be removed into any court by certiorari. 7. E V E R Y INSPECTOR of a mining division appointed under the Mines act may appoint any number of constables not exceeding four; and the persons so appointed shall be constituted constables and peace officers for the purposes of the act for and during the terms and within the mining divisions for which they are appointed. 8. NO PERSON S H A L L BE A P P O I N T E D or authorized to act as an inspector who practices, or acts, or is a partner of any person who acts as a mining agent, or who is employed by the owners of or is interested in any mine. 9. T H E D I R E C T O R OF T H E B U R E A U OF M I N E S shall have all the powers, rights and authority throughout the Province which an inspector has or may exercise in any mining division, and such other powers, rights and authority for the carrying out of the provisions of the Mines act as shall be assigned to him by regulation. 10. NO DIRECTOR, inspector or other officer appointed under the Mines act shall directly or indirectly purchase or become interested in any Crown lands or mining claim; and any such purchase or interest shall be void; and if any officer violates this regulation he shall forfeit his office and be liable; in addition to a penalty of five hundred dollars for every such offense, to be recovered in an action by any person who sues for the same. 11. T H E L I E U T E N A N T GOVERNOR in Council may by order declare any tract of country therein described to be a mining division; and by any subsequent order in council may add to or diminish the limits of the division, or may otherwise amend any such order, or may cancel the same. 345 ONTARIO. MICHIPICOTON, 12. ON P A Y M E N T OF A F E E OF T E N DOLLARS, or such other sum as may be fixed byregulation, the Director of the Bureau of Mines (or the inspector of a division when so authorized by the Commissioner of Crown Lands) may grant to any person registered partnership, or mining company incorporated under the laws of the Province applying therefor, a license to be called a "miner's license," which shall be in force for one year from the date thereof, and shall not be transferable except with the consent of the director of the bureau or the inspector of the division. 13. T H E PERSON, PARTNERSHIP OR COMPANY named in a license shall be called the "licensee," and upon payment of the fee fixed by law or regulation, and production of proof under oath that the mining conditions have been duly performed upon the claim or claims staked out and held, such licensee shall have the right to renewal if application is made therefor before the expiration of the license or within ten days thereafter. 14. E V E R Y L I C E N S E E shall produce and exhibit his license to the inspector for the division, and prove to the satisfaction of the inspector that it is in force, at the time of recording his claim, and at any other time when required by the inspector so to do. 15. A M I N E R ' S L I C E N S E shall authorize the licensee to explore any portion of the mining division named in his license, and to mine during one year from the date of the license on any mining claim marked or staked out by such licensee on Crown lands, and he may employ any person to assist him in working such claim, or may organize a company to work the same, and in either case the working conditions shall be deemed to be complied with 346 MICHIPICOTON. ONTARIO. when the equivalent of one man's labor for the year in actual mining has been performed as hereinafter required; but no licensee shall have the right to cut down or use any timber which may be upon his claim except for purposes of building, fencing or fuel, or other purposes necessary for working the mine upon the said claim. 16. A L I C E N S E E WHO DISCOVERS A VEIN, lode or other deposit of ore or mineral in place within the division mentioned in his license shall have the right to mark or stake out thereon a mining claim, providing that it is not included in a claim occupied by another licensee, or is not on Crown lands withdrawn from location or exploration, or on lands the minerals and mining rights whereof have been reserved by the Crown; and he shall have the right to work the same, or he may transfer his interest therein to another licensee upon payment of a fee of five dollars to the inspector of the division, who shall record the transfer in his book. 17. I F T H E WORKING CONDITIONS have been complied with as hereinafter required for a period of three years on a claim of twenty chains square, or for two years on a claim of fifteen chains square or less, or when the equivalent of such working conditions has been complied with in a less period of time in the respective cases, the licensee may apply for and obtain a patent or lease for the land embraced in the claim, free from any further working conditions, upon a survey thereof being made and filed according to Section 2 7 of the Mines act, R.S.O. 1897, and upon payment therefor to the Department of Crown Lands of the purchase price or first year's rental at a rate per acre as provided in Sections 31 and 35 respectively of the said act; and the time when the royalties may begin to be 347 ONTARIO. MICHIPICOTON. imposed or collected upon ores or minerals mined, wrought or taken from a claim so patented or leased shall be reckoned from the date of recording such claim in the inspector's office. 18. A MINING CLAIM shall be marked or staked out by planting a discovery post of wood or iron (on which is written or stamped the name of the licensee, number of his license, and date of his discovery) upon an outcropping or show of ore or mineral in place within the boundaries of the claim, and by planting at each of the four corners a post of wood or iron in the order following, viz.: No. I at the northeast corner, No. II at the southeast corner, No. I l l at the southwest corner, and No. IV at the northwest corner, the number in each case to be on the side of the post toward the post which follows it in the order in which they are named. See Fig. i. Blazed line ^a &•*• ,WscoveryRost * -iffl Blazed line F I G . NO. 348 I. MICHIPICOTON. ONTARIO. 19. I F ONE OR MORE CORNERS OF CLAIM fall in any situation where the nature ~x or shape of the ground renders the planting of a post or posts impracticable, such corner or corners may be indicated by placing at the nearest suitable point a witness post, which in that case shall contain the same marks as those prescribed for corner posts, together with the letters " W . P . " (witness post), and an indication of the bearing and distance of the site of the true corner from such such witness post. See Fig 2 . *- Blfczcd line • < ^ ..v„ '^*tftecoveryPo$t nm Bkwd line */ F I G . NO. 2 . THERE ARE STANDING 20. W H E R E T R E E S upon a mining claim so staked out, the licensee shall be required to blaze the trees and cut the underbrush along the boundary lines of the claim, and also along the line from the first corner post to the discovery post. 349 ONTARIO. MICHIPIQOTON. 21. A MINING CLAIM S H A L L BE A S Q U A R E of fifteen chains or 990 feet, horizontal measurement, containing twenty-two and one-half acres, or of such other extent, greater or less, but so as not to exceed a square of twenty chains or 1,320 feet, containing forty acres, and shall be laid out with boundary lines running north and south and east and west astronomically, and the ground included in each claim shall fee deemed to be bounded under the surface by lines vertical to the horizon; but an irregular portion of land lying between two or more claims may be staked out with boundaries conterminous thereto, provided that its area shall not exceed forty acres. A valuable water power lying within the limits of a claim shall not be deemed as part of it for the uses of the licensee. 22. NO MORE T H A N ONE CLAIM shall be staked out by any individual licensee upon the same vein, lode or deposit of ore or mineral, unless such claim is distant at least sixty chains from the nearest known mine, claim, or discovery on the same vein, lode or deposit, but no licensee shall stake out and record in the same mining division, within a radius of fifteen miles, more than four claims in one calendar year. 23. FOR EACH ADDITIONAL MINING CLAIM after the first marked or staked out by a licensee, whether upon the same vein, lode or deposit, or upon another, he shall pay to the inspector of the division a fee of ten dollars a year in advance when recording the same if the area is more than twenty-two and one-half acres and six dollars if it is twenty-two and one-half acres or less, and a like fee in each case shall be paid for every additional claim so held at the time of renewal of the license. 35o MtClIIPICOTdtf. ONTARIO. 24. E V E R Y I N S P E C T O R OP A MINING DIVISION shall keep a book for the recording of mining claims therein, and such book shall be open to inspection by any person on payment of a fee of twenty cents. 25. E V E R Y L I C E N S E E who has marked or staked out a mining claim shall, within thirty days thereafter, supply under oath to the inspector of the division an outline sketch or plan thereof, showing the discovery post and corner posts, and the witness posts (if any) and their distances from each other in feet, together with a notice in writing setting forth under oath the name of the licensee and the number of his license, the name (if any) of the claim and its locality as indicated by some general description or statement, the length of the boundary iines if for any cause they are not regular and the nature of such cause, the situation of the discovery post as indicated by distance and direction from the first corner post, the time when discovery of ore or mineral was made and when the claim was marked or staked out and the date of the said notice; and every licensee shall accompany his sketch or plan and notice with an affidavit showing the discovery of valuable ore or mineral upon the claim by or on behalf of such licensee, and that he has no knowledge and has never heard of any adverse claim by reason of prior discovery or otherwise. 26. T H E I N S P E C T O R shall forthwith enter in his book the particulars of the notice of claim presented by every licensee, and shall file the notice, sketch or plan and affidavit with the records of his office, and if there is no dispute as to the rights of the licensee to the claim by reason of prior discovery or otherwise, the inspector may, at the expiration of ninety days from the date of the record 35i ONTARIO. MICB1PIC0T0JN. thereof, grant to the licensee a certificate of such record. 27. I F T H E L I C E N S E E F A I L S TO COMPLY with the provisions of Regulation 25 so far as they relate to him, or if, having complied with them, he or any person in his behalf shall remove any post for the purpose of changing the boundaries after the plan and notice have been filed, the mining claim marked or staked out by him shall be deemed to be forfeited and abandoned, and all right of the licensee therein shall cease. 28. A MINING CLAIM shall also be deemed to be forfeited and abandoned and all right of the licensee therein shall cease in case the miner's license has run out and has not been renewed, or if the annual fee for a claim has not been prepaid, or if actual mining operations shall not be carried on upon each claim taken up except as provided in Regulation 29 for at least five months of one man's time, or an equivalent if more than one man is employed on the same claim, in every calendar year. 29. FOR E V E R Y FOUR CLAIMS or less held by the same licensee or by different persons agreeing to combine their mining operations within a radius of one mile, all such mining operations may be carried on upon one of the claims; but notice of an intention to carry on such operations must be filed with the inspector, and a record of all mining operations carried on by a licensee during his license year verified by oath shall be filed with the inspector, who shall enter an abstract thereof in his book. 30. A L I C E N S E E may at any time abandon a mining claim by giving notice in writing to the inspector of the mining division of his intention so to do, and from the date of the record of such notice 352 MICHIPICOTON ONTARIO. in the inspector's book all interest of the licensee in such claim shall cease. 31. A P A R T Y W A L L at least fifteen feet thick (seven and one-half feet on each side of the boundary lines) shall be left between adjoining claims on Crown lands, which shall be used in common by all parties as a roadway for all purposes, and shall not be obstructed by any person throwing soil, stone or other material thereon; and if it is found necessary or expedient to remove such party wall the person so removing it shall if required construct a new roadway in no wise more difficult of approach than the one destroyed by the removal of the party wall; and every person obstructing a party wall or failing to construct a new roadway in place of the one destroyed shall be liable to a fine of not more than five dollars and costs, or in default to be imprisoned for any period not exceeding one month. 32. NO PERSON MINING UPON CROWN L A N D S shall cause damage or injury to the holder of another claim, by throwing earth, clay, stones, or other material thereon, or by causing or allowing water to flow into or upon such other claim from his own, under a penalty of not more than five dollars and costs, and in default of payment he may be imprisoned for any period not more than one month. 33. ANY P E R S O N WHO REMOVES OR DIST U R B S with intent to remove any stake, picket or other mark placed under the provisions of the Mines act shall forfeit and pay a sum not exceeding twenty dollars and costs; and in default of payment may be imprisoned for any period not exceeding one month. 34. ANY P E R S O N C O N T R A V E N I N G P A R T III of the Mines act or any rule or regulation made under it, in any case where no other penalty or punishment is imposed, shall, for every day on which 23 353 MICHIPICOTON. ONTARIO. such contravention occurs, or continues, or is repeated, incur a fine of not more than twenty dollars and costs; and in default of payment may be imprisoned for a period not exceeding one month. 35. E V E R Y P E R S O N WHO P U L L S DOWN, injures or defaces any rules, notice or abstract posted up by the owner or agent of a mine, shall be guilty of an offense against the Mines act. 36. E V E R Y P E R S O N WHO W I L L F U L L Y OBSTRUCTS an inspector in the execution of his duty under the Mines act, and every owner or agent of a mine who refuses or neglects to furnish to the inspector the means necessary for making an entry, inspection, examination or inquiry under the Mines act in relation to such mine, shall be deemed to be guilty of an offense against the act. 37. E V E R Y I N S P E C T O R OF A MINING DIVISION may convict upon view of any of the offenses punishable under the provisions of Part III of the Mines act or any regulations made thereunder. 38. T H E L I E U T E N A N T 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 (R. S. O. 1897, Chap. 38) shall, so far as the provisions therein are applicable, be in force within any mining division ; and upon and after the day to be named in any such proclamation Section 1 and Sections 3 to 11 inclusive of the said act, so far as the provisions thereof can be applied therein, shall take effect within the mining division designated in the proclamation ; and the provisions of the said act shall apply to all persons employed in any mines, or in mining within the limits of such division, as fully and effectually to all intents and purposes as if the 354 MICHIPICOTON. ONTARIO. persons so employed had been specially mentioned and referred to in the said act. 39. A L L T H E PROVISIONS OP P A R T IV of the Mines act, R. S. O. 1897, being the part under the heading of Mining Regulations, shall apply in every particular to all mines and other openings from which ore or mineral of any kind or class is raised or taken, and to all works for smelting, milling or otherwise treating ores or mineral for any economic object, which are situated within the limits of a mining division. 353 CANADA. INDEX, PART II. INDEX TO PART II MINING LAWS OF CANADA. Abandonment By c o - o w n e r . . . . By partner Record of Administration Age Agent . . . Application Boundaries British Columbia.. Certificates Privileges Obtained where . Lost Required Employes Claims Applications Placer Lode Creek Gulch River Hill Other Form Number Forfeiture Close Season Co-owner Corporation Courts . Crown L a n d s Default Director Discoverer Discovery Discovery Post,.. Yukon D. 200 190 196 195 190 191 191 192 192 191 196 190 193 193 194 194 194 195 199 200 189 192 190 B.Col. 230 217 248 253 259 213 242 237 223 210 214 213 216 218 210 237 283 210 222 229 217 217 214 260 217 196 196 356 INDEX, PART II. CANADA. [ Yukon D. | B. Dol. 1 2[ 57 Drains Exploration Fishing Forfeiture , Forms Certificate Placers Lode claims , Application Grant Assignment Diagrams Free Miner Corporation Age Certificate , Privileges R i g h t of W a y Full Interest Gold Commissioner Powers Appointment Improvements Inspector , Powers , Iron Mining Joint Stock Co Labor Leases Number Extent Term Rights Obligations Royalty Obstructions Public works Non-transferable Legal Post License Privileges ;.. Location Line Survey Lode Lode Claims Shape I9I 200 195 190 2]c? 2:71 2115 I96 2: 11 201 2H72 202 203 2212 189 190 I90 I9O 193 200 2]13 21 4 2]13 2][4 2]L9 2f 58 21[3 2 ; 54 2\ )6 2\ 57 200 2;Ji 189 200 - 205 205 2]£3 2111 ! . 205 206 206 206 . 207 207 208 208 189 190 I9I . . . 2][2 21C4 2]13 2][2 2S12 2 [2 2 [0 2 20 357 1 ••• 1 ' 1 INDEX, PART CANADA. II. Lode Claims—Continued. Size Diagrams Boundaries Application Fractions Recording Working Explorations * Payment Surface rights Priority Irregularities Number Abandonment Tunnels Chattels.... Purchase Improvements Location certificate Adverse claim Crown g r a n t Price Reservations Registry law Mill site Forms Machinery Michipicoton Mill Site Location Certificate Mine Mines Act Mineral Mineral Act Mineral Claim Mining Claims Price Lease License Number Size Forfeiture Mining Divisions Mining L a n d s Purchase , Yukon D. B. Col. 220 222 223 223 : 224 225 227 228 228 228 229 229 229 230 230 231 231 231 232 234 236 237 239 241 243 271 230 , 212 243 258 211 189 «... 191 211 211 212 2IO 255 358 INDEX, PART II. CANADA. iD.I B. Col. f Yuko] Mining Lands—Continued. Lease . Limitation Application Mining Locations Requirements. v Price Work Mining Rights Price Lease Officer Ontario Michipicoton Owner Partnership Mining P a r t y Wall Roadway Payment Penalties Private Lands Purchase Real E state Recorder Duties. Recording Registry Law Regulations Leases Operating Reservation In patents Riots Rock in Place Royalty 04 Sale Shaft Shooting : Stakes , Changing Sunday Surface Rights Compensation Taxation Timber Claim 242 227 245 192 l * 19: 19c) 228 266 219 217 213 J 19: 1 226 igt> 251 213 241 210 19] [ 20J 257 195 211 19*I 20c) 191 i9>1 19c) 20c) 242 220 220 222 225 223 268 19] 359 CANADA. INDEX, PART II. Timber—Continued, Lease Trespassing;.. Tunnels License Vein Water Rights Work Yukon District Entries Leases Yukon D. B. Col. 207 195 257 245 212 1 200 200 191 191 205 283 227 .. . • • • 1