.e.% IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 IttlU u 2.5 2.2 2.0 III— U 11116 III v). M. v: ->4^V ^ ^ '/ ^ Photographic Sdences Corporation 23 WEST MAIN STREfT WEBSTER, N.Y. 14580 (716) 872-4503 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques \ O Tachnical and Bibliographic Notat/Notas tachniquaa st bibliographiquaa Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. 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Th« copy filmad hare haa baan raproducad thanka to tha ganarosity of: Saminary of Quebec Lib'-ary L'axampiaira f1lm4 fut raproduit grica i la ginArotitA da: Stfrninaire de Quebec BiMiotMque Tha imagaa appaaring hara ara tha baat quality poaaibla eonaldaring tha condition and lagib/iiity of tha originai copy and in kwaping with tha filming contract tpacifisationa. Original copiaa in printad papar eovara ara flimad baginntng with tha front covar and anding on tha laat paga with a printad or iliuatrstad impraa- •ion, orth4 liacfc covar whan appr^priaM. All ottMr original copiaa ara flimad b*ylnning on tha first paga with a printad or illuafratad impraa- •ion, and anding on tha leat paga with c printad or illuatratad impraaaion. Tha iaat racordad frama on aach microfleha •hall contain tha aymboi — ^^ (moaning "CON- TINUED"), or tha aymboi ▼ (moaning "END"), whichavar appilas. Lae inicgaa rjhrantaa ont 4t* raproduitaa avac la plua fjrand •oin, compta tanu da la condition at da la nattati da I'mampiaira film*, at •n eonfarmiti avac laa conditions du contrat da film»ga. Laa axamplair^ originaux dont la couvartura •n papiar aat imprim4a aont filmto mx comman^nt pa'; la pramiar plat at an tarminant soft par ta darniAra paga qui comporta una amprointa d'impraaalon ou dlHuatration, aoit par la aacond plat, aalon la oaa. Toua lae autraa axampiairaa Ofriginaux aont fllm4a an commandant par la pramlAra paga qui comporta una amprainta dlmpraaaion om d'illuatration 9t an tarminant par H damlAra pofl^ qui comporta una talla oiut Ueputy CuHMiiissioner of PubliL' Works and Mino3 for Province. Such Deputy to liave powers of a Justice. Governor in Council niav point Insiwiitor of Mines. Duty of tor. ispec Salary. Cunimissionor and Deputies to hold office dur- ing ple;isure, and give bonds. Shall not be in- terested in Mines &C. MINES AND MINERALS. of Justices of the Peace. Provirled always, that no such Commissioner or Deputy .shall act as a Ju.stice of the Peace at any court of General or Spc ial Sessions or in any matter out of Session, except for the administering of oaths, the preservation of the peace, the prevention of crimes, the detection and commitment of offenders, and the carrying out of the provisions of this Chapter. 4. The Governor in Council is authorized to select and appoint, when and as often as occasion may require a suitable person to act as Deputy Commissioner of Public Works and Mines for the Province, and to define the limits of his authority and jurisdiction; and by virtue of and during the continuance of such appointment, such Deputy Commissioner of Public Works and Mines shall within the Province exercise the powers of a Justice of the Peace in the same manner and with the same limitations &a m the next preceding section contained as to the Commissioner. _' 5 The Governor in Council is authorized to select and appoint, when and as often as occasion may require, a suitable person to act as Inspector of Mines, who shall be a competent, scientific, practical, mining engineer, whose duty it shall be to visit from time to time as may be deemed necessary, and inspect the various mines belonging to or under lease from the Crown, to ascertain if the laws, stipulations, and agreements relative to the working and management of such mines, and to the payment of rents and royalties accruing therefrom, are complied with ; and it the .same are being worked in a scientific, workmanlike and effective manner, due regard being had both to maintaining the value of such mines and providing for the safety of, and protecting, the persons employed therein, and any fur- ther duties that may be assigned to him under the provi- sions of this Chapter or of any other Act of the Province now in force or hereafter to be passed by the Legislature^ and he shall from time to time report, in accordance with the facts, to the Commissioner. The salary of the Inspector of Mines shall be fixed by the Governor in Council. 6 The Commissioner of Public Works and Mines, the Deputy Commissioner of Public Works and Mines, the Deputy Commissioners of Mines, and the Inspector of Mines .shall each hold office during pleasure, and shall give bonds for' the faithful discharge of their duties in such sums as may be fixed by the Governor in Council, and shall not be directly or indirectly interested in any mine or niining operations, or in the proceeds or profits thereof, nor shall any of them act as the agent or attorney of any person interested therein, under a penalty of one thousand dollars for every offence, to be recovered in the Supreme Court. MINES AND MINERALS. 1. 7. The Deputy Comniissioner of Public Works and Deputicg inciisi- Mines, the Deputy Commissioners of Mines, and the "^ '" ^'"*"'*"^- Inspector of Mines, shall be incapable of being elected to, or of sitting or voting in, the House of Assembly; and any or either of them who shall so sit or vote shall forfeit two hundred dollars for ever}'' day on which he shall so sit or vote, to be recovered in the Supreme Court. None of shaii take no such officers shall take any part or use any influence, '"'"'" *"^'^*''"'' directly or indirectly, in the election of any representative to sit in the Assembly, under a penalty of two hundred dollars for every such oifcnce, to be recovered in the Supreme Court. OF GOLD MINES. 8. The Governor in Council, on being satisfied of the Governor in discovery of golil'ih*any locality, may, by proclamation inprSm^oid the Royal Gazette of this Province, declare such locality to^'^*'""=*» be a«eW district, and assign limits and boundaries to such districCahd from time to time enlarge, contract, or other- wise alter such limits. 9. Quartz mines shall, so far as local peculiarities or Areas of cin«s other circumstances may permit, be laid off in areas of one q".™ J mhleV " hundred and fifty feet along a quartz lode, and two hundred and fifty feet across, which shall hereafter be known and described as Class IM umber One. 10. Areas shall be laid out, as far as possible, uni- Areas, how wd formly, and in quadrilateral and rectangular shapes. Mea- °ured.' surements of areas shall be horizontal, and each area shall be bounded by lines vertical with the horizon. 11. Alluvial mines not under lease at the time of the Aiiuvia\ mines passing of this Chapter, and alluvial mines under lease at such time, but which shall hereafter be surrendered by their lessees or become forfeited to the Crown, shall be laid out, as far as local peculiarities Avill allow, as directed in the case of quartz mines, the courses of the respective boundary lines of such mines to be decided by the Commissioner ; / and the advance payments or rents and royalties shall be the same as those of quartz mines. 12. There shall be kept at the office of the Commis- Record of appii- sionerabook of record £op-eftek_pTOdaiaied-fekL4kiy;i«^ imd one for all unproclaimed ^^jtrieta or places in which applications for -^cea«v^LiftJ__madc, wTiereln shall be entered all applications for areas, with the precise times of their being made, showing the descriptions of the areas applied for, the amounts paid, the names of the applicants in full, with the names of the parties paying, the amounts of roy- ^^^/ / >^.. MINES AND MINERALS. ' alty received from the licensed mill owners, the name? of the licensed mill owners, the amounts of royalty received from others than licensed mill owners, the names of the /parties paying such royalty, the distinguishing numboi-s of the areas or the numbers of the leases covering the a>eas from which the gold was obtained, in respect of which ?ach D e gwt y^ sjiall keep a goli+T«stnct over^hich he has juiisdiction, in which similar entries shall be made respecting such district; and each Deputy shall each week urns to Mines forward a retum to the office of the Commissioner, which return shall be a true transcript of the entries made in such book during the week previous to the making of such return, and shall then remit to the Commissioner the several sums so paid. Such books of record shall be open at all reasonable times to the inspection of all persons to sec the same. gold nfmda kept by such ro3'alty was paid : and ea ipuiies. isiniilar book of record for the / / has iuiisdiction, in which similar ^ desiring ] 3. The Commissioner prepatied, and shall keep districts. Plnns of pfold districts to b( ktjjt in Min^ otnce. / I /^^.--^dLareas applied .ate; kept bei'S, F.flfb Dp j^eputi IS. Applications for areas, to whom made. Applications,^ how uuide. ^^ Mining leases, how executed. of Mines shall cause to bo in his offie^ plans of all gold le areas number^d^hereon, and on which foF"shttU4je.'lristinctly designated by num- Each Dcput}' shiiHpi^ipaTe and keep a duplicate of the plan of the district under his""^ftrt4«diction, on which all areas applied^^r in such district shall be distinctly designated ; aiw shall, in his weekly returns, report the distinguishing numbers of the areas applied for as indicated on such plan. 14. All applications for areas shaii be made to the Deputy Comiftiiigioners for thp districte m-which the areas are situated, if there~~b«.._Dgp«ties for such districts; and where there are no Dj&pti?icsfDr-such districts, or whore the areas applie(],iter shall be executec , on the part of the Crown, by the Commissioner of Public Works and Mines, under his MINES AND MINERALS. hand and seal of office, and on the nart^^Ke leasee under hlsJiand and seal, signod and affixed tJ»«feto b> the lessee Oi' niai duly authorized attorney , ajxfwhen a lease is exe- cutecTfey. an attorney, the instn^iffent conferring such power of executi before such 1^ lease shall be in and shall con nants, promises, '^rovi tioned in orimended to, and of the exe office of the CommisHiuner execji*ed by such att^rt-ney ; and such chedule A, hereto annexed. Form of lejses. I, reservations, cove- iditions and agreements men- ^hedule ; and shall be subject iain, the reservatioiibCv the eights of the owners their heirs and assigri&Ssand such lessee, his ^ors, administrators or assigns, wh^ such lease is ed on private lands, shall, before mkki^ entry on lands, obtain from the owners thereof peh»i^on to enter, either by special agreement or in ajcorclance wttkthe provisions of this Chapter. 17. When the holder of a lease of areas on private Assewment of lands cannot make an agreement with the owner thereof, ^^^p'Ste^" for leav»-^^nter and for easements, and for damage to tween^ij^nd own- such lM3^fi^^U>^awf ul for such holder to give notice lessee, &c, to the owner or^iralft^^appoint an arbitrator to act with anotter arbitratorJ>«me3*^ by jj^Hessee of the areas, in orderlxti^waitHl^^iount of damageicj^owhich the owner or tenanb>k^ beetrtitled. ^jgy^r eason oPthe-=g»£nmgp:tod working of anii»ft4"^"^^'^''^' *"^ ^^ any less^ee^ha^ enter and work uporTth^Uand leased before he shall ham- agreed with the owner oftKe^amL^orhave proceeded to have his damages appraised, in accoimiiT!es«dihthis section, the owner may complain to the Supreme Gour^whQ^all investigate^ the complaint, and if the same is substantia! shall declare the lease to be forfeited. 18. The notice mentioned in the last preceding section Notice of arbi- shall, when practicable, be personally served on such owner, ^^^^''j"; •*'* or his ageixt if known, or tenant ; and after reasonable efforts haveb^eiimade to effect personal sepffce, without success, then sucn^i^ice shall be servejM^y leaving it at the last place of abodeMsttie owner^^agent, or tenant. Such notice shall be served, if th&siwnj&fi-esides in the county in which the land is situate, teij^^ftys; if out of the county and within the Province, >^nty dSyti^and if out of the Province, thirty days, before the expmtti^ of the time limited in such notice. If the proprietor reiu&e^^ declines to appoint an arbitrator, or when, for any other reason, no arbitrator^s^ppointed by the proprietor in the time therefor in the notice provided for by the next pr section, the Gustos of the county wherein the lands lie^ -^ ' MoUeufameiisiiig •Jainatfes by arbi- truturg. MINES AND MINERAL?. shall on bein;. satisfied by atTi.Iavit that such notice has come to the knowledge of mich owner, agent, orZnant, or that su^i owner, agent, or tenant wilfully ev Jfcs the ier- vice of shd, notice, or cannot bo found, and>iW reasonably ettorts hav\been made to effect such servi^ and that the notice was lc>ft at the last place of abo^ of such ownei agent, or tenanXappoint an arbitrator/n his behalf. fi,- ^nv. ^" arbit\k,r8 appointed /(mdeF the authority of this Chapter shall bcWorn, bof/^ a Justice of the Peace, to the impartial dischaVe of tb/^duties assigned to them- and they shall forthwitirw^d to estimate the reasonable damages which the ownepSC and tenants o^ such lands according to their severaj/nt^ts therein, shad sustain by reason of the opening of necessaW shafts and other exca- vations, the construct^n of roads Vl drains, the erection of necessary woiWnd buildings th\;eon, and of the occu- pation of so nnicbdiereof (to be determWd by ^'.e Inspector of Mines in h/evc at of any disputei;ri8in^ in respect thereof) as t^ lessee may r.Kiuire for a\purposes con- nected with/the opening and u'orking of Xjnine to the most advaiCtage thereon. In estimating such dkinarres the arbitrato/s shalldetermine the value of theland irX)^rtivelv of an32^nhancement thereof from the existence oKtrold or other/himeral ores or metallic substances therein In case suchf arbitrators cannot agree, they may select a thir|>arbi. tr^or; and when the two arbitrators cannot agree i-^pon a lands he shall select such third arbitrator. The avvar of any two of such arbitrators made in writing shall be .^ oil v.^ u • , -- i-".."vumiijr uescrioea, call unon all persons having a righ to such .lamages to appear before the Gustos of the county m which such lands lie on or before 4^yy^e , . , ., 7 J •■•'•""-" ""i;ii JK-iius OH on or Deiore a certain day therem named, to be not less than thirty days after the hrst publication of such advertisement, to appoint an arbitrator ; and if an arbitrator is not so appointed on or before such day. tne Gustos and lessee shall each appoint an arbitrator and al further proceedings shall be in accord- jr y ./ "" "' "'rir?,' **"" *".' iuriner proceedings shall be in accord- ^'"^^A^Uj^^u ^''^^^ the provisions of this Chapter; and the Gustos / / ^hall receive a 1 nioneys awarded in such case, and pay the '^^Y^ nioneys cvvvarucu m sucn case, and pay the same over to the County Treasurer; and when the li/ht to the ownership of the land shall be in dispute, the payment MINES AND MINERALS. 9 for da' ;3:-je8 awarded shall in like manner be made to the Custos, who shall pay the same to the County Treasurer. 21. Payment of such damages, by the party^-itaUo therefor, to the persons designated by the a-wafcTas entitled thereto, or^^^o award shall not^^fesignate the j-ersono entitled, to 3uch ^feKiQns as^h^-the absence of any dispute, shall be ostensibly e^iJtA^^thereto, shall exonerate the party making^.,p«3^ment; binrTMi3iL,«erson3 subsequently claimin^^jt^Hmve been entitled to thodai5iagfts so paid, may pi'uiittctite their claims by action for money haa>R(jreceived t^inst the persons to whom the payment shall have been made. 22. In case of disputed or unknown title, the Supreme Coufl7~orlirJttdge iherecf, on application of tJifi^aTmant shall ord(!r the damageT~pai4-iothe Coii»t^T^reasurer to be paid to the nersons who, on^^^ljJsH^^^stigation by such Court or Ju-lgt , shall i: vejj»t:a:T)Tished their~~rrght^]iereto ; but no order shallJafi-tTfaae until it shall be ph wn notice hashfierfgiven ,'jufficient, in the judgment of the Court-er'^dge, to protect the rights of all persons who — Tfiay be, or who may claim to be, intei*ested. 23. The lessefi»_or^ licensee, shall not bo implicated in controversies betweiauIi^ GTsuiw r o H iesfcing title to the 24. In no case in which the award shall find the amount of damages with sufficient certaintyr shall such award be set ^Sidelbecause the persons^i»titTed to damages are not designaiediby^Tmiiie, or sj^ffi^ntly designated, or by reason of irregularity as "5!>4^ persons entitlcsd, or of any matter of form ; bi^jUiiTe Supreiire-Caurtor Judge shall rectify any error oj>iliformality, or shall ad[o|rtr-rHidi^pro ceedings as xn^Pf^e necessary for determining to whom damages infCy be paid, or for otherwise carrying into effect the provisions and intent of this Chapter. 25. The parties obtaining licenses and leases under this Chapter, and those deriving title under them, shall be answerable for damages that may ensue fi-om the falling in of land^ or for other injury which may be sustained by the owners or tenants of such lands subsequent to the agrije- ment for, or award of, damages required by the foregoing sections, by reason of the works of the parties obtaining licenses or leases, or of those under them, cr deriving title from or through them. / 26. All leases shall be for the term of twenty-one years; but the holder of any such lease may, at any time, surrender the same by notice in writing, signed by him, Party poylnot monev iiiuler ftwarJ ii'.it fur- ther H'lble. Disputed and unknown titios Bottled by S"p- ronic Court. Lessee or licensee not Inipliuated Where amount of award is cer- tain it shHll n ow lesaee shj use dtmised ,aiids. and hied, together with his counterpart of lease, in the office of the Commissioner; but nothing herein contained ^h« 11 be construed to discharge him from liabiht^n espect o any covenants in the lease, for or in v^ZcJ^ J^ I V -^.ons and stipulations in'ih^e leies contain^i. ' ^"""^ an/ptt'' any one or more of said areas/tne law in this respect shall be held to have been complied with, although the lessee may not have employed upon the areas in each separate lease the number of days' labor required by the last preceding section. 31. Where a lessee shall have employed in any one Partial forfeiture , - , i £ 1 1. • J 1 V, o' mining: areas, year a part only oi the amount or labor required to be proceedings in performed by him annually upon the premises demised to*^®"*' him in any one district, or under any one lease, the whole of the areas held by him in such district, or under such lease, shall not necessarily become forfeited therefor, but only a part of such demised premises proportioned to the numV>er of days' labor which such lessee has failed to per- form, shall become forfeited ; and such lessee shall make selection of that part of the demised premises which he will retain. To avail himself of the provisions of this section, a lessee must make known his selection by notice in writing to the Commissioner within ten days after the termination of the year for the non-pei-formance of labor during which a portion of the pi'emises demised to him becomes forfeited ; and the areas selected by hiir to be retained shall, so far as possible, be in a compact block and not detached from each other, and no number one area shall be divided in making such selection. Should any one lease contain areas thus retained and also areas which are for- feited, such lease shall be suirendered by the lessee, who shall receive a new lease of the areas so retained. 32. When, from any cause whatever, a leased mine Forfeited mine shall become forfeited to the Ciown, under the proceedings^''^'' directed by the sixty-seventh section of this Chapter, all the right, title and interest which the holder of such forfeited lease had therein immediately previous to such forfeiture, shall, upon such forfeiture, become thereby vested in the Crown ; but the lessee of any mine mav ""-nvuo. during his lawful occupancy thereof, take down a» remove any houses, buildings, machines or other erectioi built or placed by him thereon, notwithstanding that y same may be considered in law as attached to the freelu' 12 MINES AND MINERALS. iSSa^ uponl^ds^n^^^^^^^ "^^^e for a lease of a n.ine to be takS:with reference thereto llt"n ^^' P'-^^^edings far as possibl^tA^ the sS InJr^''' ••^" '^^ governed, as Parties occupyix^n^^;"^^ of this Chapter. «'-e v-ith those "pl^^HbedjfereL'T if °r^-^P°"^^'"^ in Pnonty in the order of^Sr S^ '^^K ^' ^^^^^^^ to such applicant shall he enSL to nn^ ^PP^'^^^'O"- Every to twenty-four hours' tin"e ^«kj ' ""l^^' ^"^ thereafter every fifteen miles' distance of ^'^^ ^'' application, for he office of the ComSLeVa^^ ^^^' ^-"^ ^ands so applied for shnll Vf? ^fax. In case the any gold district, and aW off ar^'^^l^^^^^^d withTn nghts of the occupant sh«in ^"'"'".'^^fo^^cribed, the tent with the ter^ "f twf CwT'''^^° faS^nsis! clary hnes between the "artx^e^if^e^up^^^^^^ ^^-- Mining areas 34 Tn oil ^ , leased before 1st ji v . " ail Cases wherp mir.Jn^ „ i Ain.i,i8e;4. ^HheN^rst day of Apr ?8M ^^ 'T ^'^'^'' P^^^^ou^ to • occu&y virtu, of a bold Imrn? •'"''^' "^' ^^^« ^^^^^^ pnvatelSs not subseon^ nfl ''''?"^' '"^ authority, on with respe^K^^^icI r n^^ ""'''''fi ^" ^^^^ CVowni^'and ?^a.s on the saidCt dav TZ"?\ ^'' ^^^" ^^^^^ "o ' land damages betwSlvThe I.t^ ^?"? negotiated, for ^oil, the CommissireT^i nr . T.'^ '^'^ ^^^"^^' "^ the owners of the soil for such dk^n.rl arrange' with the or arbitration, and to mv ., n1?^° ' ^^ '"'"^"^^ agreement form prescribed by th^sevrteeS;?'-^?' V^' mannerand of this Chapter, for applLantTtWN^^ such cases the Commissioner .Lli T"'"^ ^^^««-^' and in stances will permit tC same n^f^^V^"^ ^'^ ^"'^^"n^" owners of the ioil which unTrthrr '"^^ *'^ the to, .vould be held by an anpLnt f''*'"'"' .^'^^ferred private lands, whose annIiOT The occupier, or by license from the Governor in Council, aaiijorizing such entry, to be granted on special No lease, nor any prospecting license, shall autho- Lessee or iicen- - -- - '■ " - ■ See nut to enter upon buililinKS, Kardong, &u. 14 i MINES AND MINERALS. Royalty. Person buildinir Milla must be licensed. per cent, «pon^hl• ^^S :SfoL'Tr„',T.lr„e7''''^ "' *^™ -» - ten „i,es f™„ an/othe?eZ'e ' c™E'\U?'b^:^tL'i^" to a lease of not more than ton r, V °® entitled free from advan^ ^^ „e„t 0""^ ™5 ""."'"« *''""'• years. Such lea.,e shal" conta n ^^1 tl" ^°' ;>'?nty-one stipulations of ordinarv ZT ■ ■ f <'™Vm?nstd mi's;' ^"'■™ r^^ "> *>>- the words licensed mmownpr"fl''''y ''''■''"''=<'• ^^'l whom such license Shan hrg^In'ted ^"°'' "' P"''"™ "> by miiuwn^e'r" f^: before any such license shall be trmnfori +1. r^rements^f this Ch^'\^^^^^^ ^'nP'u^Te, , ^P' Every licensed mill owner shall l-..n books of accoijn't. demised premises a book or hnnlr« nf o x . ^,P °^ ^^® / by the Commissioner^ot MLort ir^^^^^^^^^^^^^ open to the inspection and exam nati n nf .f n""'^" ^^ sioner of Mines or tho jZ!^.^ x r °^ *^^ Comm s- or any oth«r P^Z^tl^eSSC .td buK"' °f. ^"-. >i>f Mines: in which bonk nv T.^ i 1 ,, ^ the Commissioner ^and distinct .^IteiLt of ^ ^e entered a clear or reduced at suTTLtfnTa^^^^^^^^ amalgamated. lars in respect of the same: ' ^^^^owmg particu- pared or tr;!^^^^^^^^^^^ ^^ ^^^ <^^ -h distinct in ^T? 7'?^*^5 "*^^ '^"^h P^'-cel or lot. i^A. Ihe date or tho crushing of the same. Siffnod by Com- missioner. Licensed mills, &c., defined. MINES AND MINERALS. 15 der which J case may ig licen.ses ty of two it crusher less than e entitled ng areas, »'enty-one kions and ?xcepting o use or )r machi- iction of crushing, a license (lissioner in this 5ed, and rsons to le party Majesty *'ith the id mill on the upplied njes be om mis- Mines, ssioner a clear mated, articu- istinct I"V. The actual yield in weight of gold from each such parcel or lot. V. The royalty thereon, calculated at two per cent. VI. The mine or area (so far as the same is known or can be ascertained) from which each such parcel or lot was raised. 51. Each licensed mill owner shall pay or cause to beMiii owner to paid, m money, in weekly or other payments pay royalty. as the Com-' missioner of Mines shall order, to the Commissioner or to the Deputy Commissioner for the district, a royalty of two per cent, on the gross amount of gold obtained by amalgamation or otherwise in the mill of such licensed mill owner, at the rate of nineteen dollars an ounce troy for smelted gold, and eighteen dollars an ounce troy for unsmelted gold. 52. In case any licensed mill owner shall fail to payMiii owner not such royalty in the mode or at the times prescribed by or tt^Jactu'n. in accordance with this chapter, he shall be liable to an action at the suit of the Commissioner of Mines as for money had and received to the use of such Commissioner ; and such action may be brought, according to the amount of the claim, in the same Court which would have juris- diction in case the amount claimed were an ordinary private debt. 53. Every licensed mill owner shall file in the oiRce of Miii owner to the Deputy Commissioner for the district on the first day retumiTmiUer of the month, or, if there be no Deputy Commissioner for°*^*'- the District, then in the ofiice of the Commissioner of Mines, on or before the tenth day of each month, a return, being a copy of the entries in such book or books of account, for the last preceding month, as prescribed by the fiftieth section, which return shall be verified by the affidavit of the person principally employed in keeping such account, sworn before the Commissioner, Deputy Commissioner, or a Justice of the Peace ; and, on failure, to make such return or to verify the same as aforesaid, the license of any mill owner may be revoked by the Commis- sioner of Mines, subject to appeal, as prescribed in section 56 of this Chapter. 54. Any rrA'ner or part owner of any mill or machinery Penalty for un. for the crush: -t' or reduction of quartz or for the obtaining"'*"'*^ '^""''' of gold therefrom (other than mills or machinery worked by hand) which shall be engaged, used or employed for the crushing or reduction of quartz, oi the obtaining of gold therefrom, without a license therefor first had and obtained as prescribed by this Chapter, and any person engaged Fraud, how pun Isliablo 16 MINES AND MINERALS, fw «ach such offe„ce^?„j^?r"' °^ ^'''^ '"""''■■ed S, .^-, or an^orth^acr„r & ^y «.« Chap- dulently or falsely kept or thl I f^'iu'red, shall be frau- or any of tho,„, I^tZt^ZT] "'V'''^ P^^-'^d, the null ,n respect of which th'ffl'™'' ""^ '^^-nse to may be revoked. * ""^ °'*'="oe has been conuuitted Decision of Com- 56 T)iq n^^ • . ' =.'""•'- to inquire ?n\o^°2rrh":ne°'/;"^\^''«" ^ave authority '■cense if sat,.iiedlh7s„?i'l!l rV'*"'' '^ '-^^klS ""judgment shall be suwll 1 ''"^ "j"™ eommitted ■ but Judge at Chambers, 4o&, T^''^ '° «>« '''^visio^ of a Ki."'^-"^ .„^7- In addition to the forf.-f . ,. mill owner in resneet of fi!'*",'^^^ ^^^^nse, any licensed shall have been coStted stuVTr.'' ^"^^^ "^"^^ S to a penalty of n-,t more than K .^^^"^ ^°^' ^^ch offence recovered in the Supreme n/^-''"'^"^ d<'"ar,s, to be Commissioner. '^"P^^n^^ Court, in the name of the Comniission to licensed mil] owner. Exception. Mi'I license, how surrendered. Effect of surrcn tier. Construction of •nil! owner's hond. ''ave-e^4Sfcl"chir V° ^''^" '" all respects o1uTt^i''"°"™">s f^^feL^'V" ''•^P'™"™ as r^!yaltfdK"t2 "^ *''^. "-^^t^fe^ T'" ^"a^. be pL rZ '^ o^fr ieLt "" -''"l^: hh^ttTettlLrr"'^^'"' »y «- surrender ^'""'i^er'^of M?„:r5i 1>^^ the office "1 ,«"■ Upon such ,u,Tr^N.f'.'™"'''"- "'0 saTue " ™eh mill sLll ceal ^T't'«^^<'<''''' ^ aforesaid licensed undpr fKo , • . ^ ^icensetkjniU " i-»,^-i .'' uoder the provisions of. this Ch^hl °"' "«*'" and hi; sireliesTan ""' ?™«"0 surrenders, , •• obli«,atio.stc™infC-j«abi,, under thr&^ -~i-5.vv.vxi3 accruing thereafter.' ' " ""' ^" liable^- MINES AND MINERALS. 17 62. Lessees of mines shall be bound to make to thei-esBeesof mineg office of the Commissioner of Mines, or to the JJeput} ly rut^.ig. Comniissionei- for the district, \vithin ten days after the \ first days of January, April, July, and October in each year, true and correct returns to the best of their knowledge and belief, on forms to be supplied by the Commissioner of Mines, in which shall be comprised the following particu- lars : I. The number of days' labor performed on the demised premises during the preceding quarter. II. The number of tons of quartz raised froro the demised premises during the preceding quarter. / III. The person or persons to whom the same has been / sold, or disposed of, and the different lots or parcels iiy which the same has been sold or disposed of, with dates , IV. The weight of all quartz sent by him during thd // f quarter to any licensed mill, and. the name and description! /P of the mill to which the .same has been sent; and when -!/*<- the same has been sent and kept in distinct parcels, the weight of each separate parcel. *- v. The yield of each separate parcel or lot, as returned and allotted by the mill owner, with the date of allotment. VI. The total quantity of gold obtained from the mine in any manner during the quarter, distinguishing that resulting from the quartz crushed at licensed mills from the gold otherwise obtained. Such returns shall be verified by affidavits to be made before tlie Commissioner of Mines or one of the Deputies, or a Justice of the Peace. G.3. The lessee of each mine ahall be liable,J mills ; but he shall be Jold obtained-frem quartz so crusii^dTT-he liability of the mill owner for such ' royalty-ti^rngsubstituted for that of the lessee. 64. When any parcel of quartz from a free mine shall R„yait\repxid have been crushed at a licensed mill, the owner of the ;;;.;;» '"^j "^ '|^';. ^ quartz, on proof of the facts to the satisfaction of the / f^*'*=*°^ Commissioner of Mines, shall be entitled to receive from / (^iU^ ^a^ the Commissioner of Mines the amount deducted by the // •'•^'*^-«i^-^ licensed mill owner, and paid as royalty under the provi- sions of this Chapter. 65. In case any holder of a lease granted under this Leasee not pay- Chapter shainatt>4cunake payniejot-ofany royalty accruing i'if[7»-'tVo,!!'" under the terms of secttjakSS^ within ten days after the 2 <: 18 MINES time prescribed %\fchis the Commissioner o\]!ili for the District, he > suit of the CommifijieftCev , received to hisjw^or the AND MINERALS. Chapt er bo lvalue lakin^ his return to the Deputy Commissioner hable to an action at the es, as for money had and of the royalty so accruin«e /i^ n;i.".r<:;i:r"'a^'rr , ^^- f".^^ ^^tion may be brought according to it private debt, amount c aimed before thp cor«^ „^V ' f?^o"^i"g to the d™;;r^rf^^'7^""^^^'^ ^^ liability to forfeiture of anv n-.U the District or Hf 1 i i ^"^^ Commissioner for proclaimed IroTd dis i.t '' ^"''^'''' ^'' ""<^ ^^^^^i" ^ there is no Deputy Col^^ -"^ ? f, ^"^'^ ^^«^"«<^ ^^here Mines, shall tf^L'^ZrZlltJl Slf eT b' cr".ihri:rtht '--'- ^- feoT "ne'ofnL^ or his aglnt or Xon nl.'^' n'' '"'^'/'^^^^ ^" ^^^ ^^^««) -ises, 0? shan%te,S^^";g^^^^^^^^^ on the pre^ premises leased wheXo person ca^ t fr? i "P"",*^'" to make service thereof ^nformin!? hL nf ""T T^^°"^ and appointing a time (n\]ess ThS tWv I '''\^^'^T service or postino- of surb Xt! > T^ ^ .'^""^'^ ^^^'^^ ^^^^ . gation of J^he same , and a X^lCt^ ^^^ ^f *^^. ^"^•^•^^''- 4 also be posted up in the ofKf f^^ '^'^^^ ^ another in that of the I^^eputvA^fn-^,'T-f '°"'^' ^"^^ be, for at least thirty daysXxtXi?'"f' 1^"^' ^^^^'^ appointed ; and such Lptfc^ shallT l"' ^ *^^ *™^ '^'^ pt least thirty days after fZ L 1- \^'«P<^ «o posted for ^^- case, M^ith thfdecTs f a^Thi^f X^^^ 1^"^^^" "^ :fly noted thereon 7 *^^ ^ate\f such decision or Deputf wt w/l^tr^Pt^t' the\missioner gate .^,c/case! ^Xhe Lrvte and no^^'^^^^^ shall be proved, Iher oiX irfl^^ ?-°^^H ""^^^« affidavit sLrn helelc^^^^^^ by Upon proof of su4 notio^ZT u ^^^ ^"P^^me (S^ourt. relating to the ca . wS Thl7b? .^t'""^ '^' ^"^^*^"«« signed by th. ww!.' ™ ,,;'. 1^^ be taken m writing and ^ "" "'°°^"' ^"^ commissioner or Deputy, as wCupIicate^Sic^ »'•> tices, where posted and Procoedlncrs ariteojdoiit to forfeiture. MINES AND MINERALS, 1^ iVio case may be, ^Ivbeing satisfied gp^e non-fulfilment of the conditions of theStiase. or^tj4e provisions of this Chapter, shall give jud^t>e?l£^r)rfeiting the lease and re-vesting the premis^^Hhe Ciwn : and sxich jiulgrneiitjudgment^f f^^^^^ shall be in the form^ffT Schedule F, Tind shall be signed by the Commissions^ Deputy Commissioner who shall have heard the case. 60. In case the judgment is given by a Deputy Com- j;:;;!;;^^^*;;.^^,';; missioner he shall in every case forward to the Commissioner ^^,,^^ „, commia- of Mines the decision, with all papers connected therewith ; «*""«••• and such Deputy Commissioner shall keep true copies of such papers in a book to be kept for that purpose. 70 If within thirty davs after the decision the lessee, Appeaifrom . y " 1 1 ' -.. „. Oeiuitv to Lcni- against whom the decision was made, or any pei-son aciing „ii^gio„er. on his l>ehalf, give notice to the Commissioner of Mines that he is aggrieved at the decision of the Deputy t^^om mis- sioner, and appeal against it, the Commissioner shall appoint a time and place for hearing such appeal, of which such lessee shall have reasonable and timely notice ; and at such time and place the Commissioner shall proceed to investi- gate the case anew and decide upon the whole facts thereof. 71 . From the judgment of the Commissioner of Mines AppeaUrom^ ^^ either in the first instance or on appeal, the party interested ju.ue, how may appeal to a Judge at Chambers, provided that notice'"* «• of such appeal be given to the Commissioner of Mines, if ^^^ in the first instance within thirty days, or on appeal within ^ ten davs from the date of his decision; provided also that X/^ ' ■ " such appeal,' y' ^ an affidavit ^ Piy 7^4^ the party appealing shall, on applying for such appeal, make and file with the Commissioner of Mines an affidavit that he is dissatisfied with such judgment, and that he ^^^ verily believes the lease has not been forfeited, and that M„ +1 v ^' n J J 'J- niissionei- 1 , li.li: , t "'"J. ^t the (hscretion of the Com- afterrciu^U '' " ^^ "''■■""' "^ " "'•^^P''^'- "» herein- for forfeif!". Wlioatiom for leases, or prospectin.. licenses minei'and the Wd m H ilia Jr '•f'" """"^ ''"""- herein provided ^''-'^laiinfj forfeiture registered, ^ •■"■arrant, the Sheriff o ,'r„J„l 1 ', "P? '■<'™"P' "^ "'^h shall immediatel^execltelhfJame.'" "''"" '' '^ ''"■-'»'' / which helon^ to ILMT P'«Pn>-'to'-. the mineral! iS offeiice of not less than t,n , '" " P™*"^ *"■■ ^^^ ' dollars ; but this section Shan 1 ''l ""^ "'°'° *"" "fv pectingorsearclii^ ° lies '"'"'' '° P"'*'^' P^"'" ' No ai)j)lications for forfeited area'j recei^■ed JuJ,mciit of enforced. rt -L. I MINES AND MINERALS. 21 78. Parties violating the provisions of the preceaingKach 4^^^ !tion shall be considered guilty of a distinct otience for J t section shall be considered guilty of a distinct onence loi- y every day they Hhall unlawfully mine. 79 On complaint in writing made to any Justice of M.^e^of^pr-m- the Peace of the county in respect of such unlawtul„.i„i„g. ninin^ entry to mine/the Justice shall^tiTe hm w;arrant io app^So^he offender and bring hip^^eor^^^^^ the Justice to an^er «^mplaint,-such Ji^ce shall thereupon forthwith enter^Sthe investigdS.m of the_ complaint ; and in case he shKid th^r^arty gmlty, impose such fines or penalties as thcr^W^ have incurre.l um^er the the provisions of this Shaptl^NM" ^^^?, ^^"^ '^l? the ronuires time for tKproSif witnesses for the Sre^fjust^^air adjourn tl^^ period not exce;^^ six days, on being sattJHii^y affidavit that such tim?is required for that purpose ; ^^VT '"f "l . case the defendant shall be committe.l to gaol, uWe^ss lie Svessei^ity to the satisfaction of the Justice to apt)ear at the time and place appointed for such adjourned investi- ^^^80' The decision of such Justice shaU be jiii^ect to app^^^^^^^^^ 1 '^ — rn^r^ur nau«a- hiif 1 ifl EaiJe'T?^^ apTJeal shall Qr»r\oal n«l in OrdlTOttSt-.CaseS , OUli LUilV*"^ .TVAVyii "I'l Kltved th a^^ ^-it^ «"^r'to sureties in doublejl^i;^^^ ^^'^ ,I^^^?^^'\n Went appear in ti^e-ST^^reme Court and obey the julgment thereof aiOpay such costs as the Court may award. 81 ' Gold in quartz or otherwise, unlawfully minea on % ^-ji-'uUy the pr'operty of any lessee of the Crown, shall be con^iclered ,,e|,nai ,^^^^^ in law the personal property of the owner of the mine and | J„ a search warrant may be issued for the same by any ? Justice of the Peace for the county, in the same nianner as for stolen goods ; and, ujoon the recovery "« ^"y S^^^J^^"?,^^ such warrant, the Justice shall make such order for the restoration thereof to the proper owner as he shall conside;' "°^82 Nothing in this Chapter containe.l shall V^^^^^l^^^^^zA Her Majesty from having or using any other ^'J';;;';' f ^^.^ o'"S°" 7 •; available to ^-ecover possession of any ^ mim forfeited fiom ^^^...^.^c.^ causes cognizable before the Commissioner of Mines or from any other cause from which the sa -' be liable to forfeiture. , -,1 ri . ,. 83 Aavparty aggrieved by a dedi^K.^ .t the Com- >PP^aHrom ^., . . ^T>ir^~~'^;sS^.^f;ri, 8°" "»•>''» i -.p...... to apply to .niiL^X';:Cl>Miinro^ ,"w°?f'' provisions of snch sec*i&i, m-o extSr', ■ " i''^ than gold by the su^o,'.! "cl^ o" tls 01.™™ """" Sections 8 to 84, Licenses to search , how ijfranted ^1 ^/^' OF MINES OTflER THAN GOLD MINES. g.a.f iicc"^:,"t::™r?;;i:'i„\"» T;ure ^^^ Mines with suffident .sm" t L'' t, J ' '! C°"'/",>''''0"«r of mittee of the Executive Cv'^n^i ", i, 1 '.'retn^'of i" l.e.ng made upon privute lands, recon.por e shaU U ^ for damages m the n.annor hereinaftel^prpvided ° 87. No such application shall he valid unless aceom W/i*-^--t^^AA.^P^- No «"cli application shall be valid unl ->- ^^^■'r^tte^,;^fy <^?vei. any .inylc tract of ground no^ '^>- ;^/: Sure 5j. ,..id desorqiiinn of lands, &c. - -ppiietl toi to be surveyed und laid oti; and a full 23 '^^^--vvU^ MiyES AND MINERALS. description thereof shall be embomed in the license to tare; but no such leen^e «hdl authorize ^^-^S^, lands which in accordance with Hcction f^ f ^ f .^3^^^ are forbidden to be entered upon, except as in that section/ ''''sr'^The cost of such survey shall be defrayed by the purvey. *c.. to licensees or lessees, and the seafch for minerals under «uch ucen^e^^o licere hall be made free of all expense to -the Govern- ,_.. J moui and the holder of the license shall within the time ^ S Ih" same shall be in force, ^nd with all cor^^^ speed, make a full and correct repoit of the res.ilt ot nis exploration to the Commissioner of Mines. ^ ^ .90 The said license to search may be renewed for aLicen-. further period of twelve months, on application there.or to t e Conm is ioner of iMines, setting forth he special ^ cLmstances of the case, not less than t/nrty days befo^^^^ the expitation thereof, and on payment of the f^'ther sum o twenty dollars ; subject, however to ^^e approval of the Governor in Council, n.pon consideration of the special circumstances submitted. a^J^Sepanvte license. Ql When a license to search for mines other ttiaajgera j^^^^^^ ^,^,^^ has be^ranted, it shall be lawful for the Commit of Min^iSVant other licenses to search ov^he same ,.„auio„. frea provid^crSUt he shall grant no inope^icenses than ?here ^4 Ireas of^^aare mile eacj^ontained within the ar^so fiSt llce^^ri^^ licensee has chosen bs one square nnleThe>^ th-s in the order of their license>^proviTTt»44^t the right 01 search of the second licepZaiid his li.eri>..b4lbeom"->^^ee umtliately after tWxpiration of the licensr>^ewed cen. f the tirstfcnsee or on the selection of his feq licens [/:"^^%^^ . j^„,| the third licensee shall com ;l\e'at» 0^^^^^^ of search of the second or his sXli^ of his square mile as aforesaid, and so on until • th^^ole area is disposed of i^n,^;^.^,,^,.^^^!^ I>-a.e ascer- q2 If tha-DTopnetor of private lancls--»fttCTe(i uuuc j_^,,^^^ ^ ,„ „^g, it- ^Tlljn: .liLiiUML ' lihw tilTHTrdin- for ascer- of gold mines. such license sliall seeic (Ui 10^1^^1.1 1- L'' 'Y7irFw-«aaMnpnt taining the amount()U«ciraHrniages, and V^^TTiTSJ^^ of the sain^r-dfrSTbTthe same as provided foi by this Cll^tJln^c^^ of prospecting licenses for gold. I3 The holder of a license to search may at any time Licensee ™ay^ J6. ine "."!"« +v,„rpnf select from the land covered miie.a.>aap,.iy before the expiration thereoi. seiett "^"t "^^S^v^ .^,„.r.n«P «»■• 'i<=ense to •" ilCCIlSU tu ^\Oitv - • . ..-- *-«-»-K^ accompanied by a payment of fifty doUais. c^- 24 Survej- stpiare lost of Ccrfiiin j)rovi. sioiis as to pri- viite laniis and forfeited areas applicable as in case of gold mines. Oranting c/ lift'iso-to occupy MINES AND MINERALS. ^eJL.^^l ""^ provisions herein contained relatiwrti lt^n^:^^hl!fr'-'"''"'-°'' ''r''it»tion, with JjJ^^Z^o? ^^^^^t^^l^^^^^l^rir^ '""d.^^ases done 17 to 25 ind",te SffiteJ;::^,**'*'f°'* i" ■''^tions set forth in sectL 28 S^Slfe °f/-l\'™ds as de.,eriptions tl,ereofiSsSil :/ ^^^'^^g^ and infe^ t?/!''' '5'"=°"™ ^^- ^>>a" '^<' «PpSk cha?,L^°Vp°.iSrfha^"l*'^^„tSfr:i^ °' "-r license to work was obtaS *° ' •'"•'^''' l""^'^'- ^^W"'' «><> virtue. obtained, remaining in full force and License to wdrk 97. yea,rs from cation an .newgjj^e one Every license to occupy and work slmll h. f be exten S ^^!::";^ £ t apXttl'atd 5^5 by the holder of he^ fcense'^of tlCf'Tfl P'^"'^"' operations, ami sM n f thr^et "'""fT^r'^^S .-.. .o,a.r,„tl"> tenmnation of such term andTl fr' ''""' """' ES.-4 ■^■"'"''l I'old licenses to wo." 'over seveml aref "V""?™ \ each other, not to exceed five areas Ihpr"- '".'j""'>"'g Mines shall dctennine xvh«t\h«U t *'>VP?""""'"'on«- of mining operations over S tL » L'l.!\'?;'='?""y «"«'i™ / <;.ining operations over all the areas comS." Lease h^lh- (iTant- OQ 'ru„ i i i 'tbie to/Molderof,, ^'^^ J^"© hoJcIcr of a ] Cense fo nnn^^r..r 1 .»,»«.„,.. those representing h having ^mpiira^il^ih^t 7»'<. "J \ the last preceding section, shaU on, or befo e tt . '"' "' tion of his license, be entitle,! in . i .' ? 'emima- described therein,\vhicrilt:'shaircon:Laluir ''■■?''"■' effective and safe w"',4T o^lh^ niiSro^ sl^chTr > MINES AND MINERALS. 25 ^^ ' 99 Any party may apply for a license to occupy and |;J=-J^to^--- ^vork knv vacant mine, without having previously otened «.u„.an^^^ or applied for a licence to search, and in such case his an Jication shall embody a description of the area applied ff and upon complying with all the antecedent conditions hereinbefore set foK except those which relate sole- y t licenses to search, and a bond being given to the Comm,^ sioner of Mines as for a license to search, he shall be jtitled to such license to occupy and work. 100. The Governor- in Council may, by special order gove^or^^^^ authorize the granting a lease, or l^?;^"f ' ^;. ^^^^^Xat^onU-fsTtro^^^^ work a larger area than one square mile if ^^ ^^^^^f r«f ^J^" -ui wort cove,.- 7 he special circumstances of the case he ;^J^^^''^'' public interests would be better sub. "ved thereby, and m such case may impose such further conditions, not at, ^ '^nce with the spirit of this Chapter as may be deemed "''''\oi Leases of mines other than gold mines, grantecl Lease^ «e<^^^^^^^^ under the provisions of this Chapter, shall be executed by .e .old leases the Commissioner and the lessee in the same manner as provided in section 16 of this Chapter for leases of gold ""'7') Leases of coal mines shall contain all Uie conditions v^^^ m-ovisions, provisos, and reservations heretofore contained ,,,i „.i„e, [n sich leases, or that may be required under the pro- lusion' of this Chapter, and shall terminate on or be ore the twenty-fifth day of August, one thousand eight hundred '"^If Letles of mines other than gold or coal mines shall o. ot.er.ines be for the term of twenty years, and shall contain all the concUtions. provisions, provisos, and reservations usually con 'a mnl in such leases or that may be required for the sr e and m-oper working of the mines, or that may be required b^y L order of "the Governor in Council or by Ss CI apter or anv Act hereafter passed by the Legisla- 1:;; of tlL Province: and.such leases may be renewed on the same terms and conditions ^^« P^'f '^ .^"^^nror t ^0X1^0"^° as to coal mines, but such renewals slial not extend or oe . from 60 years. / as to coal mines, uuo r,u^ii .v...^. »^^ construc.1 to extend to a period beyond sixty yeaii '^VlfAnytiS^y at any tim^^brmirrendered by the su^;;-. less e^n the^ar-^fe^ hereinbefore prescrjibed-tSTthe^itrtender of a gold mining ^"""Id) A lessee of a coaVnlrfe granted under this Chapter c;o.nea.e „ot or a V Act passed by the^slature o this P-vince s^^^^^ .....^.nn. , V _..„ /:.-,. H'V"v» tb3 Tefm tf . . "t'' ^'^T ^^« ^-^Pi'-^tion of term of twentv \e;r ff "f 'f'^^^ ^^^ extension such lenewaT tem^Tnd^ri,,""^ ^^''' '^' ^^P"-^*^«» °f notice before the Sp^mtion of IT"''" T"" S^^'^"^' ^^^e tt3 a third renewal am Tvf -'^ '/'°"'^^ ^"^^^^^^ ^^^'-m. and after the exp ration osucT f 'T'^ ^'^'^ ^^'^^ provided that at the ?i>np nf • ^.""^ ^''^'^''^^^ <^'^'''» J expiration of sucl terms r ^T- "", '"'J' "^<^^^««' ^"^1 the • exLnitors?admb tmtois I'T ""'^y' ^^e said lessees, their to be bona S workWtl i '^"'' ^'' ^"'^ '^1^^" ">"tinue respective ifaSs and cfrnt^^ -^ ^"^^l"" their and stipulatTonT'in heT ? rT- ""f ^^'' **^^'™'^' covenants. the tr.4 intent^nVtL j:?,;::, rr oT/ii"'';.;-^^- years^onither^n^^.— ^ New leases of General Min- ^^'*- J- "6 General Minino- Acc-.»,-o+- 1 „ .HK Association, expiration of the term rf f? A'''^^"a*'on shall, at the ".ine worked a la.-^ ata' V"aV w ^ ^T ^Sd tf T" persons or companies • so thflf ^11 i. "^^ Slanted to other afte,. tI,o oxpi^rtion If tit „d a L»^^: :-■■;;"- -7. ecjual footing as regaids areas »„d oSlnviS!'' "" "" MINES AND MINERALS. 27 105 In the granting of leases hereafter there shall be i../uture^ ^^.s reserved as a barrier a s?ace of ten yards in ^vidth running u. wuitu^rese.^ Ill around the area leased, which barrier shall not be opened or Xd except by the consent of the owner ot tl.e ^djo^ incT area and by the order of the Governor in Council , ana ^ ^.^^ n^ca e of a xnine in lands covered with water the barrier ,a.ds. or reservation as above shall be twenty-tive yards in width and shall not be opened or mined unless ^y ^^ co-ent o the owner of the adjoining area, and by the ordei ot the Governor in Council. 106. All ores and minerals (other than gold) mined, KoyaUies. 1 ...ii ;4.,T r^f ii^onaps or leases *x .roZ^it ^^^ LHnd:; a:;^orit7of licen^s or leases grtfd'undel- the provisions of this Chapter o.^ of any ict heretofore passed by the _ Legisla ure of ^^^^^^ ^^^^^^ shall be subject to the following royalties to the Ciown tor the use of the Province, that is to say : <,, T Nine cents and seven-tenths of a cent on every ton of oncoau ^ two t kLIS two hundred and forty pounds of -a ;^^^^^^^^^ ' (a) slack coal, that i. coal that shall have P^^^^^^^^^^^gJ^^. screen the bars of which are not wider apart than thiee Quarters of an inch, (h) coal used for domestic purposes bv r w^Tmen empbyUin and about the mine and (o; coa^^ used in mining operations in and font the ^^"^J^jreProviao ^vhich such coal has been gotten; and P^^^ided that whue there shall have been mined, wrought, or gotten in any one w ovev and above two hundred and ^ty thousand ton^ for each square mile contained in the ^f ^"«« ,"\^^^^'^"' besides the coal so excepted from royalty, each ton so Sd above the two hundred and fifty tlKmsam tons ha be subject to a royalty of six cents and forty -eight Imn dredths of a cent only. ^f on iron TV,voP PPnts on everv ton of two thousand pounds ofon'--o"- ihree cents on evtiv y^ nfhpv ores other ores. iron ore; and five per cent, on the value of all othei oies "'^ "suchloyalties shall be paid quarterly on the A^st daysPayaWe^ of iamiary April, July and October. J", ^^ch ^JJ^^^^^^^^ vear (except where otherwise stipulated in the license oi Ce) and shall be paid to such persons and in such places as the Governor in Council may direct. 107 Where a lessee of mines other than gold holds tw-^ain^ leases o'f two or more, but not exceeding five, contigjus n o„u^^^^ ::r .. a square mile ej.h, such ^^^l^lX^^-r^^-^'' 28 MINES AND MINERALS. ninde, and how verified. gotten more than two hundred and fifty thousand tons of coal, liable for royalty, from the mine or mines held under such leases, there shall be no reduction of royalty upon such surplus from nine cents and seven-tenths of a cent to SIX cents and forty-eight hundredths of a cent per ton except upon so much thereof as shall in the airreaate exceed two hundred and fifty thousand tons for every square mile so included. "^ murnJonuines. 108. On or before the tenth day of each of the months When and how of January, April, July and October in each and every year, the owner, agent, or manager of every mine (other tlian a gold mine) leased from the Crown, shall send to the Commissioner a correct return specifying the quantity of coal, iron ore, or other mineral wrought or gotten in .siich mme, the probable use and destination of the same, and he amount of royalty which has accrued upon such mate- before the last days of January, April. July and October ^l'!lw^l.^'^''^''.v.'°"■''^''^''I" specifying the number of days labor and the number of persons ordinarily employed in or about such mine below ground and abJve ground and the different classes of the persons so employed, ancl the cost and description of all the shafts, quarries, slopes levels, planes, works, machinery, tramways and railways! quarter"'^^"' ""^ """ """'^^"^^^^^ ^""ng the preceding r^P-fr^ returns shall be SAvorn to by two or more credible pe.sons principally employed in or about the working and rtSTftelrcf ""'''''''''''' ^^'^ C---- or a tnnl?i ^^It 'V'^'" > represented to, or come to th^ knowledge of, the Commissioner of Mines, that any mine« or minerals claimed under a lease from the Crown or unde^ a lease granted pursuant to this Chapter, have been aban- doned for the space of one year, have not been effectively and continuously worked, or have been worked only color- ably, or to prevent a forfeiture under the tern^s of such ease, the Commissioner of Mines shall cause a notice, to trv^^'l .?" f°™^ ^" ^^'^^^^"^^ E' t° ^^^ personally served upon the lessee, or some or one of the lessees where more than one of them are included in the same' lease or his or their agent or person principally employed on the premises, or shall cause such notice ti be post^./up upon the premises leased, where no person can be found upon whom to make service thereof, informing him of such charge and appointing a time, to be not less thSn six months after the service or posting up of such iiotice, and also a ProceedinjfB in case mine is not worlted. MINES AND MINERALS. 29 place, for the investigation thereof. ^^J^f^^J^^.te^l^^^ ' Cointed. the Co^nrms^on^^^^^^^^^^^ l^^ V^,, ,, iifestigate such ^^-f^ ^^ ^^^^ ^^.^t^ the lessee, or his agent, upon give notice of h^' f cision ^^ ^^^ l/y causing «"<^^"°^^^^.\^„ai Within such term of siK section above directed , and it wa ,^,^ eommence months, the lessee or his assignee s^^^^^^ Tnd prosecute effective mim^ To,ksa:id Mines, according of the Commissioner ot ^^^^ «=^;, ^ ^^^.j^^ covenants and to the t™^™XTet^rufn:a and ot t i. section, »«ch stipulations in the ^ease c forfeited. mining areas so leased shall not oe ^^ ^^ no. No mere colorable ^^^^^^^ power^-r;- feiture; and the Comm^-^';^^" ,,,er nece^^i^-- to examine witnesses on oath ana i^e .^^^^ns ; and, sary testimony. '-^ .^^^V^^/J^^^ opeSns'are not ettec- if the decision shall be t^^t «ucn ^ ^^ ^^.^^^^ ^^^^j ^^ tive, but merely ^^J ^^^^^.^/^m^ declared ^o^'f^^^^^^f "°osHsion in section 109. in accordance with the pro ^ Commissioner shall be in——. 111. The decsion ot sucn v. ^^^ assignee may f,„„ ot. the farm in Schedule F; ^^f,, ',1 ^j^e thereof at Cham- appeal to the Supreme Gout oi a ^ud ^^^^^ beAppeaH..«. &, against such dec-^^^ ^,, ,^, Supi^me alloAved, he shall hie ^^i^*\;" . , ^^ by him approved, to Court a bond with t^^'O ^o ^^^^'^^ ,, Judge and pay the abide the judgment of the C>ourt costs, as in Schedule u. , premises noUcos how 112. Where notices are to be po^c^ under this Chapter, or any of the sect o ^^ ^^^^^ ^^ ^^^^,^,.. areas in respect of which tl^^^^^^^^^ ^,^ ,,,1 on the be covered with ^^t«^^^^,^, ^^ ^y be tJ the areas so covered land as near as conveniently may with water . ^^^^ become forfeited ForMted ™ 113 Whenever a coai nuui. ^^ ^^, re- oo,.uitions .leter. unto tins Chapte.-, such mme *al not be^^,^ ^^^,^ as-^SSr g"ante,l by the Comm's^ne'. --f;,, 1,_^,^^^;, „»y be dcteimmoa l^y ^^ ^^^^ Commi.-M.n,nj,»p.;. 1 1 4. There shall he kept in "»- • :_„ districts in ;Li„„t,.i,. . Je"of Sines, maps of the ^f .-tatT a""accuratcly as £-X»" the Province, on which sha' »^^^ jea^e, as mines other may be, all the areas «nder license « ^^^^^ ^^ ^ _ than gold mines ; and also a S""" a„,, leases oJ such tEr;S'o f t^o rnblic. 30 MINES AND MINERALS. v^ & ^Zf.S\ ,VA The provisions of the foregoing sections, from 80 rhJ?:S"res. ..old min^f inclusive, shall apply only to mines other than MISCELLANEOUS. under certain ." " conditions, &c. piirpoSCS Othci" n;i:?trofown , V^-| ^^^ qo'^missioner of Mines may >^ Crown '^^:tSl^^,^" '^^^'!'^ *he limits of any ifGclaimed' gold serving riKhts of fli^tnct->ccompn8ing any tract withir^^which the m!nes :»:!&Jl-f ' and mmer^:Wther than gold are und^cense or lease! fV «...^ . ^: — sli""^"^ ; r^^eiAjifTg always the rights of present or future >,«^ of rZing areas thercifi, and subject to such other re^5T?>^, and for such term an upon such conditions a^/ihTWnor in Council may d noJdnf '"'"^ !^'^^ anylilS^r not previously disposed oi, growmg^r being upon any J^^*^ the Crown domain, include^thin any such gold distrfe^or oZ" tract under h^ense or lease for mines or minera-Is other than gold, upon such terms as the Governor in Council shall authorize and direct. v-ouncii v;^d'?;jir.&^, ^1^-^, l^ase granted under the provisions of this ^^t^^oVCdt^^J^t^^^*^^ •'^"•>' ^"b^'iix^ttTrurchasei' mortgagee for valuablT^SnsW^tuliim^'orTi^dmTiP rrprUf. by reason of such lease no^S^^S^^^ b? R "" ^^^^o^'^ac^^vtOTthe provrsion,rofU^aVer^ ot the Kevised 'Statutes, " Of the Registry of Deeds and Encumbrances affecting Lands." c3K V^'^'^^' Governor in Council may at an- eil': •^"*" SS'iT^'^S^^^, ^^"•^, ^^^^P^^^ P^'ovided, decli.e-aTold ■ license working mines such case the areas lotwithstanding such ^ provisions of Id districts vljt'ffoi' in tfovemor in ■-v.. district which'gtmll^ontain or lease for the pu ., and minerals other thairgoic imder such license or leas license or lease, beco this Chapter and gold mim , /^Council shall make. councifmay/ , ^^^^ The Govcrnor in Council is authorized to make !"SaJ];:ftot ^!, ^ ^•^^"'-ti.ns relative to gold districts a^l^^d jn..„.steirtwith nmi^^^^^ mines other than gold mines, and licensing "and / leasing the same, and to the pumping, drainir.T ventila^ tion working, management, care, possession and dlpo al sane':;;ii'"','' ''^''^^•" "^^"'■••^ ^^^^^-^-^ - ^^^ e same, and to make such rules and remrljttions J»"^^,^° „ake or cause to te~ 3jS„. beneath the waters »* 'J'" J^ Jland above high^vater ;••„,., made tunnels from the »<«««"{_ j„;„g areas, doing as "ark, under the '^^t""' ,^ 4"f o^ers °or lessees o the little damage as P^f'^^ *°,S be made, and the inter- ^:: ^::^T:^ tV .nd «« mmes .here. -—The damages o^ ^^^.^^^^^^^C^^^^ 7 for. determin«l -^1^ riner^sWe^nd also section 95. / '■■"";:ri t e > - or licensee o^^ -thett^rXeSaf li). 11 -ii. .v. nwner or owners 01 tne lanu, . jeMrmlne I"""- cannot agree With the owner oi through which it s „„„, .,„ n™- e" e orlicensee of the mining ^^^„^:^;°i,=to„er of Public -■-•• »' '^^ necessary to drive such '"""^J^ f^l^oval of the GoVernovW- Work,s and Mines, subject to tl e app _,^^,i y^ „ Council, shall ^f "■"™X „( -h tunnels, the size „,n.de or commenced, the n™"*' "';.„ of land to be taken ^?dtl and depth thereof, the cmanWjrf a ^^^ ^^ Tnd occupied for the same. ^^ '^^^ j, ti,e intervening which such tunnels are U, ff^/",„es therein contained ; Hnl covered with water, and the mines t ^^_^ ^^^^j ^^„„, am he shall cause a plan tt'T^^ *", ^r the county where tS'sotke^ni:^«-"— — "'^""""'^ -N oate ; and such If »^». *f ',;;' X& Commissioner or some „,„ .«». / "^"^^-firt^^, with the day andc„«..X l the lessee. ed prior to ^^f. fe^i-i'lo^ '"V 12G. All le^Sw«iKlii£SjSC not void or forfeited, shall registered. ^ passage of this CWfJ^^^ not already so be reiii«tered and ceiti registered, u V 32 Declarayon of Interest in case <>f»v!>u«-AUe8sees, MINES AND MINERALS. I'rovedlind rejfisrerfcdT All transferi of interest in mines til be reiristerc'l and certified. Forms. iry Cdinpanv ,— II file oof)y (It iliarter and lint f officers witli iminiissioner lieforo beg-inr.in Work, De9ori|)ti_ liiorfxuyes of mines t| royistei-eif in Conmiismoner' office ^Isu licenses. 'r\»iso void ■rtain cases fuplic-it^ or cer tiffed y to be under seal l,^ all tLelSeforH ''',"'•'"'" "'"' »'«"<='' stating the p/„p„.,ion owS V'eaeiri'e,!^'" "'" ''■^•^'"-• ^forf any' jtt,t'oTlire"pte ^. 1'"^™^^^ "" -* M'nes,^and .egisteied a. htS™ ^ttSrd"™'"'-^^' hereafLtoL'Se!S,alfbe"?eii'r"1 '" '?'"'"« '»- a certificate of such re" try S U ^', "^"T'-'"' ' ™'l such transfer as in the "case „fmn^ T'^'"''"' "" "''"■v ■•egistry and certificate Shan h. Li ? ^''^'""' • "'-^ ™ch fanrfer of such mining interests '"»»■--' ''"'^™<^'' "' ">^ 130 TVi f purposes of thi. Chapfer'SalTbra '^"^ '^T'- f- the lesirectively. ' ' *""" '"' as m Schedule B and C ,^le a copy of their chrrtefor act nf""'"° P^''^^'^^'^' «'^all 'oAceof the CWiuiissionex ot x\^nes hS'^ ^" *^»« Pany shall commence work tnf ^ ' ?'^ f"->^ «"^^ com- cers of .such Company a/K^.T" ""''^^ ^^^•'*^ "^ *^^« °«- ^mllalsobecerti/edtVthe IffieetXr' '"'"" "^^^^ Mines ; and until such cerf ifiplff • L , ^-ommissioner of cial need be recognLed b^ th' U^'"^^ "' "'^ "'" '^' an official of any^uch company. "^'''°"^^' ^^ ^^^"^«« ^^ attachment, jt^Snt^transf ""SY^^^^' ^^^^'^ ^^ -le . any kind (eiiprE^s T^^^^^^^^^ "'^^ ^^^^^^^^^^ «f title o ing the title of ^.o^rSal or otl o^-^ ^- ^' '".^^"^^ ^^^>' '^ftect- according to Sciredu e D in the 0^0!^"? .?"^]. '^^ '^''^""'^d/ of Mines; and all licens'es and « 5 ^ ^-^ ^^"""^'^'^ioner gages, bills of sale, attach in en s ^'^''^'r "^' '^^' '"^^'t- rlocuments of title of any ^^d I'ffS"'^ t?'^"^^^''--^' and be registered in the book of annL ^' T^ ^'^'''''''' «^all m he office of the Commitio^^^^Tn ,L '' """"^^^' '^^'^ such .licenses and descriutionsTo ^ •''''"''' "^^""^J' as •such mortgage, bill of Sl^Sta^, "r/'-^'';^^^'"^^' ^"'^ any or document'of title shall be voM' •J"'^^''"^^"^, transfel^ hova fide mortgacre Mj] of ?J ^' !?'"'^ ^"^ subsequent tran.sfer, or dofuinent of lirt:hil^'Tr' J^^^'nent registered. '^''^'^ ^^"*^h shall be previously undefhis taSt^^tr^ferr; "f'"^^^ ^^ '^ "^-y ' veyance, registered as aCrsSil r^V U^Cof ^*^ MINES AND MINERALS. 88 the Commissioner of Mines, before a Certificate of Registry is given. 134 If the applicant for a mining lease shall not exe- ^'J^^nTflied cute such lease, and file it in the office of the Commissioner gtuna^^^^^^^ for execution and registry by the Commissioner, within ©fter.cam. ^ f fina t. mA nf hia aonlication, the areas shall be may any person. 1.35. Any person leaving any pit, hole or excavation f-^tyjor^*- for the space of eight days. open, and unfilled to the depth of thr«e feet or more, without having the same walled or fenced around, at least four feet in height, at all times when not working the same, shall forfeit for each off-ence a sum not exceeding one hundred dollars, to be recovered by any person who will sue for the same. 13G Parties violating the provisions of the preceding Ea^^ay^*^-- section'shall be guilty of a distinct offence for every day that such pit, hole or excavation shall remain open and unfilled, or without the proper wall or fence. 137 The Commissioner shall have power to cause co|^n«;,'«'°Jf witnesses brought before him in all contested ca-ses or mat- «^y^cau^ wit- ters which he has power to investigate and decide, to beewor.. examined under oath, which oath the Commissioner is hereby empowered to administer; and like powers are hereby conferred on Deputy Commissioners in all contested cases and matters before them which they have power to investigate and decide; and the Commissioner an^Depu^^^^ Commi'^sioners shall have power to teke affidavits under . oath • and to administer the oath in aU such cases, and to X\ administer oaths in all cases where affidavits ai^e required/ bv this Chapter, except where such oath is requii^d to be administered b^ a Commissioner of the Supreme Court ?iT Chief Commissioner or any Deputy Ck)mmissioner Koappncau^^^^^^ shall not receive any application for l^^^^nse oTleleTf-^^ •v,^^, .^.. iTiinino- areas the riffht to a license or lease t»i t;g„,n^ig3iongr^r the Commissioner or Deputy. 138 Where royalties are due and owing to the Crown. ^,[ameB how the Governor in Council shall have power to order the .here unpaid. Commlsioner of Mines to issue f ---^Vof the "^^^^^^^^ v and seal of office directed to the Sheriff of the county y where the mine in respect of which such royalties are due K. Ts sTtuated requiring such Sheriff immediately on receipt Lreof to ievy'on th'e goods and chattels W in working and onerating such mine; and if. within the space ot twenty days ^next after such levy, such royalties so due I 34 MINES AND MINERALS. ^ On what days leiisea ahull )Kr- iiiinutc. \ew leasee irraiitable; 'lay. I'rovisoi ^ are not paid to such Sheriff, to procpt to sell the same or so much of such goods and chattels as shall be sufficient to pay such royalties and his fees ; first having publicly adver- tised the same for the space of not loss than ten days before such sale ; and to make return of such warrant, and pay over the sum due for such royalties to the Commis- sioner of Mines within thirty days ''rom the issuing thereof. Upon the receipt of such order the Commissioner shall issue such warrant, and deliver the same to such Sheriff, who shall immediately execute the same according to the exigencies thereof ; and the Sheriff's fees on such execution shall be the same as for executing a writ of execution out of the Supreme Court in a civil suit. 139. Leases and licenses shall terminate, on the recur- rence of the day on which they bear date, in the year of their termination ; and, after ten of the clock of the fore- noon of the following day, the areas may be leased or licensed anew ; but nothing contained in this section shall prevent the renewal and extending of licenses and leases as hereinbefore provided. crahTof'minTng '^^^' I^ any lease or tmy .shaui- ui ^»te<^t therein l.^rtiV"'**'"^^^^"'^'^ transmitted or transferred in consequence of tho authenticated by death, bankruptcy or insolvency of any lessee, or in con- sequence of the marriage of any female lessee^ or by any means other than a transfer according to the provisions of this Chapter, such transmission or transfer shall be authen- ticated by a declaration of the person to whom such lease or share or interest therein has been transmitted or trans- ferred, stating the circumstances of such transmission or transfer, and describing the manner in which, and the person to whom, such property- has been transmitted or transferred ; and such declaration shall be made before the Commissioner, Deputy Commissioner of Public Works and Mines, or a Justice of the Peace. S'-vsucr , ^*|- If such transmission or transfer shall have taken -leciaration. placc by virtuc of the bankruptcy or insolvency of any lessee, such declaration shall be accompanied by such evidence as may, for the time being, be receivable in courts of justice, as proof of the title of persons claiming under any bankruptcy or insolvency ; and if such transmission has taken place by virtue of the marriage of a female lessee, such declaration shall be accompanied by a copy of the register of such marriage or other legal evidence of the celebration thereof, and shall declare the identity of such female lessee; and if such transmission shall have taken place by virtue of any testamentary instrument or by 4^ MINES AND MINERALS. 85 4^ intestacy, then such declaration shall bo accompanied by the probate of the will or the letters of administration, or any copy thereof that may be legal evidence or would be received in courts of justice as proof of such transmission. 142. iTie Commissioner of Mines, npon the receipt of re;jXrtun.- .5 f3uch declaration so accompanied as aforesaid, shall enter ^w owr.h-. the name of the person entitled to the lease or any share or I interest therein, under such transmission or transfer, in the books of registry, as so entitled thereto. 143. This Chapter may be legally known and cited as - An Act to Consolidate the Statute.s relating to Mines and '^"j;! Minerals," when necessary, as well aa by its regular title. -, in the year one the SCHEDULE A. This Indenture, n^ade thi« day of — of our Lord one thousand eight hundred and — —- between the Queen's Most Excellent Majesty, of the part, and , hereinafter described as leasee, ot other part: . „ ., i.. i. Witnesseth, That in consideration «f the royalties here- by reserved, and of tlie covenants and agreements herein contained, and on the part and behalf of the said lessee, his executors, administrators and assigns, to be observed and performed, our Sovereign Lady the Queen, of her specia crrace, certain knowledge and mere motion, doth grant and demise unto the said lessee, his executors, administrators, and assigns, all that certain tract of land situate at — — - gold district, in che County of .known and described as follows, that is to say : „ , i An area, composed of area of class number one and numbered on the plan of said gold district, signed by the Commissioner of Public Works and Mines, and hied in his office, as by reference to the same will appear: And also, all and singular ttie beds, veins,_and seams of crold ffold-bearing quartz, and other gold-bearing rocks, and froM-bearing earth, and all the gold, whether m quartz, grain, or otherwise, in, situate, and bomg within the limits of the said tract, and within, undor, or upon the same : Provided alway.s, and it is the tme intent and tneanmg ot these presents and of the parties hereto, that nothing heiem contained shall in any manner intertere with any of the ricrhts of the owner or owners of the land in which such aim situated, but the said rights are reserved unto the said owner or owners, their heirs and assigns ; and it is further agreed and understood that the said lessees shall ivot enter mto the said area without the special leave and ^v^ title Iter 36 MINES AND MINERALSr. licerwe of the owner or owners thereof, imloss the said lessee shall have taken proceodin^s in accordance with Chapter & of the Revised Statutes, "Of Minos and Minerals:" To Have and To Hold th« said tract cvf land, and the said >>eds, veins, and seaiiiH of ^M, and L^old-lKjaring quartz, and all other the gold-bearin;^ rocks, and ^(>ld-l)oaring earth, and gold whether in (|uartz or otherwise, in, under, and upon the same, to the said lessee, l)is executors, administratoi-s, and assigns, for, during, and unto the full end and term of twenty-one years, to commence and be computed from the ~ — day of , and fully to be completed and ended : yielding and rendering unto oin- Sovereign Lady the Queen, her heirs and successors, quarterly and every quarter upon the first days of January, April, July and October, in each and every year during the continuance of this demise, at the office of the Connnissionor of Public Works and Mines, at Halifax, or of the Deputy Com!i>i.ssioner of Mines for the district, a royalty of two per cent, upon the gross amount of gold obtained, mined, had, wrought, or gotten from or out of the said demised premises, or out of any quartz, slate, rock, mineral, or earth mined, obtained, had or gotten out of the same in any other way than from quartz crushefl by licensed mills, at the rate of nineteen dollars per ounce Troy, for s)nelted gold, and eighteen (hdlars for unsmelted gold : And the said lessee does hereby cove .ant, promise and agree to and with our said Sovereign Lady the Queen, her heirs and successors, that the said lessee, his executors, administrators, and a.ssigns, shall and will well and truly pay and deliver, or cause to bo paid and delivered, to our Sovereign Lady the Queen, lier heirs and successors, at the times and places and in the manner aforesaid, the said royalty hereby reserved under the terms and provisions of this lease : And also, That the said lessee, his heira, executors, administrators, and assigns, shall and will during the con- tinuance of this demise, keep or cause to be kept, one oi- more book or V)ooks of account, wherein true entries shall be nmde of all such gold and gold-bearing quartz, and other rock containing gold, and all j^old in grain or otherwise, as shall from time to time be mined, wrought, had, gotten, or obtained out of the said deniisod premises, and also of the names of the men actually employed in the working of the said demised nremises, and the number of days' lalor per- formed by such men, with the respective dates thereof; and also the names of the person or persons to whom any quartz or gold-bearing earth, or other gold-bearing material raised from the demised premises has been sold or disposed of, with the price or the per centage upon the yield thereof* » ly MINES AND MINERALS. recoivecl therefor, and also the weight of ^^^JJ^f^:^^, other ffoM-bearingmaf. rial raised f'^^^/^Vll ir crmh'ng ises. which may be sent to any hcensed ™! ^^^^'^J "^*"J^^ he null to ^huli the 4me has been sent, and also the y»f ^^J^gf J[i^"V^er ; quartz or other material, as returned by the »»'» "^"^\ J^d also, that such book or books of ^^u^t shaU a all lanes be open and subjfsct to the inspection ami exanuna v.mes ui upmi »iiv» J p,,v,i;r. Works and Mmes, or ot tion of the Commissioner of i;"^\\°,^°J'^;^^V .}ip Insnector the Deputy Commissioner of the district, or of the inspector If Srand also of any other person or persons tW to specially appointed by the Commissione of Pulhc Wo ks culars prescribed and requirea uytc j lyc- ^^d .f PViantPr 9 of the Revised Statutes, Ut mints auu incr or management of the mines ."^^"^"J. fe^. g^ demised made before the Commissioner of M:^"«f ' ^^ f^ ■"'tnd'ukrwt' T^he said lessee shall annually cause rd%hall and .ill, fron. time 'o t™«;, -J^. »* tuZl d-ring the continuance of th« «;"*»'™"S,e working- tt 38 MINES AND MINERALS?, as the Lieutenant-Governor for the time being shall appoint under hi.s sign-manual to receive and take possession there- of, all the said mines, and all and singular other the premises hereinbefore mentioned, except such furnaces, engines, mills, forges, foundries, railroads, implements, houses, and buildings as shall not be attached to the fvee-hold, in such good order, plight and condition, as fairwro light mines ought to be left, with such timber, deals, and other material as aforesaid, (such mines as during the terra hereby granted shall be abandoned by reason of their being unproductive only excepted) : Pro- vided always, and it is hereby agreed and declared, and the said lessee, for himself, his heirs, executors, administrators and assigns, doth acccept this grant or demise under the condition that in case default shall be made by the said lessee, his executors, administrators or assigns, in keeping such book or books of accounts, or in making such entries therein, or in delivering such affidavit or affidavits as afore- said, or in payment of the said royalties hereby reserved for the space of ten days after the periods herein before appointed for paying the same, or in the keeping annually employed on the demised pr-emises the amount of labor herein above specified ; or if the affidavits hereinbefore set forth and required to be made shall be false and fraudulent, or any other covenant herein contained shall not be kept and observed, then, and in eve or any or either of' the said cases, these presents, and all and every the powers and privileges hereby granted shall be utterly null and void, anything to the contiary thereof in these presents notwith- standing : Provided always, nevertheless, that it shall and may be lawful for the said lessee, his executors, administrators and assigns, at any time or times hereafter, when so minded, to give notice in wilting, and file the same in the office of the JJeputy Commissioner of Mines of the district, or of the Commissioner of Public Works and Mines in any district w^here there is no Deputy, setting forth that he is desirous of surrendering this lease ; and in such case, so soon as any such notice shall he so filed in the office of the Commissioner of Public Works and Mines the interest and estate of the said lessee in the demised premises shall forthwith revest in her said Majesty, and the said lessee, his executors, administra- tors, or assigns, shall thenceforth cease to have any interest therein, or to be liable under the terms and provisions of this lease for any royalty, except the royalty on gold mined or obtained up to the date of said surrender or in any other way than from quartz crushed at licensed mills : Provided also further, And it is the true intent and iTicaniug' Oi tricsc presents, tjiat tuc saiu lessee, uis execu- tors, a< liable 1 of any done c isted i and r€ ed at In has a for tl seal ( scrih S Byi dec! disi of - A. be de MINES AND MINERALS, tors, administrators ov^^sig^^^^^^^^^ J^S laid Commissioner of ruBiic" j S Mines in presence of ---_ ^ [L. s.] By the said lessee, in presence of SCHEDULE B. ^ ^ declare that we are th^legal_ow ^^ _ ^ ^^ d. 18-, ^^'-^^ Sl^ist -id lease mentioned. , ot — — snaies lu = j „ q^ Given under our hands and seals, to Y A.D.18- ^^ ^^^,^^ Personally appeai-ed ^^for^^^ ^^ ;^ ^^^ toregoing being sworn, says that Sration in his presence. Sworn before me, at—^J ^_ ^s.__, J this day of - -. ^• SCHEDULE C. ^°'*; tSf a^S Sansfer"and set over to -^of-^. r v,!:cut»i— ^^^^^^^^^^^ distri^t "^rCetara the .«,. ^ the sa.d e.ecut«rs, administrator an, as.g^^^ ^^ ^^^^^^ ^„, In witness yl'"'='>fIhaAe "^ ^^_ seal, this day o! — — . *■ Signed, sealed, and delivered, I in presence of ■ ■' 39 40 MINES AND MINERALS. Personally appeared before me, , of , who, being sworn, says that duly signed the above transfer in his presence. Sworn before me, at this — — dav of A. J. P. I. D. 18—. I SCHEDULE D. District. Jlo. of Lease. Dh(e of LeaW. Pate of Issue, Date of Registry, Description, To whotn leased.' Sfiares or i»rtS/ To whom leased. Shares or parts. No. By whom »old. Shareii or parts 1 Date of Rtjjflstry/ Conveyance, To whom sold. SCHEDULE E. To A. B. and C. D., lessees of certain mining areas, by virtue of a lease from Her Majesty the Queen to bearing date the day of A. D. 13—, (or, if the lease has been assigned, to A. B. and C, D., assignees of the lessees of certain, &c., &c., aa above.) Whereas it has been represented apd come to the know- ledge of (Tie Commissioner of Public Works and Mines, that the mines and minerals in the said lease described and con- veyed, have been abandoned for the space of one year, have h 14. by lat )n- kve MINES AND MlNEBAtS. not been ^ectively or co-tmu^^^^^^^^^ ^^ tsL^r worked only cobr^^ly. ^nd that tne ^.^^ ^^^ ^^^^^^^ their assignees) have failed to eo^P y^^^.^^d : covenants and ^^ipvilations \n ^he le^ ^^ complaint Dated the — day o! A. D. 1&-. Commissione^ro^-Publie Work, and Minos. 41 SCHEDULE F. In pursuance of a notice d-ly^-^^^^Jt a Ce o? lessees V assignees <«. '"d™Sng at —- . in tl>e certainmining areaa, f "*,^,^"en the Q.ieen of the one County of -— ;■ "'^!f ^ &c., of the other part, and part, (id A B and C D "J -— '^ ^ ■ j jj^^e examW into Sated the -day of-T-.'tiinst the said lessee or lessees ?he matt«r of complaint "^'"^i^^^h^ ,aid mining area^ L a.,signec,, /c.,j «»'„ "°' r^fth fhe terms, covenante , >d 'effectively and m ^^PFd^^^Jined, and the true intent stinulations m the said Is**" ""i „ade and provided, anrmeaning of the laws 'n'"* '=Sl^„ation of witnesses and on due <=on|idera 'on after the » ^^^^ ^,, and the facts of the ^^^f ■ .^ ^^f^yed and declared, and by has been fully made out, haje de« ^^^ „,as, these P'-e'™ Vld n.^rthe'eof , to be f otfeiled. and every part and parcel i^ _ Witness my hand at Halifax, this y A. D. 18—. E F SCHEDULE G. BondtotheQueenandhersnccesso^ln^-^^^^^ Whereas the Commi».onerrf^P*''« ^ ^ B 18 hath by a decision -l**** '^f„-r~i„/area», formerly leased to A. B and C. D., by le ^^^^ ,^„^,,,„ q. F 4 TV 1 "and CD., by l^tl ;^alive'ta;rto G' ^- ^' '^■ 8_ forfeited, and the auove 7 42 MINES AND MINERALS. kc, htvve appealed against tlie said decision to the Supreme Court (or a Judge of the Supreme Court, as the cdse may be.) Now the condition of this obligation is such that if the said 0. H., J. K., &.C., do and shall obey and abide by the judgment that shall be given herein, and shall well and truly pay all costs which they may be adjudged to pay in the premises, then this obligation shall be void, otherwise the same shall remain in force. Signed, sealed, and delivered in presence of G. H. J. K. (L. S.) .(L.S.) 1 All lessees uf liliiiiiiK ;ire;vs, othor than S'>W> tn phioe i)osts or nioiiuinents at iMriiera of areas, within year or six months. Marks on posts or nioimmeiits. Proviso as to svihnuriiie areas, Manner of plav- Inif posts, &c., notices and sur- vey. CHAPTER 5, OF ACTS OF 1874. An Act to amend the Law relating to Mines and Minerals. (Passed the 7th day of May, A. D., 1874.) Be it enacted by the Governor, Council and Assembl}'', as follows : 1. All lessees of mining areas other than gold mining areas, heretofore leased by the Crown, shall witliin one year from the passing of this Act, and all lessees of such areas under leases issued after the passing of this Act, shall with- in six months after the issuing of such leases, place or cause to be placed at each and every corner of the areas contained in their respective leases a post or monument of stone or other durable material, of such size, nature and character as the Commissioner of Public Woiks may hereafter determine. 2. Each post or monument shall have distinguishing letters or a suitable inscription cut or marked thereon, desig- nating the corner where placed. Provided always, that, in cases of areas, any corners of which are covered with water, or where the placing of such posts or monuments at such corners would cause private or public inconvenience, it shall be lawful and requisite for the lessees, with the consent of the Commissioner, to place such posts or monuments on the land adjoining such corners, in such positions as shall be approved by the Commissioner. 3. The area of each lease shall be defined as herein re- quired according to the priority of the granting of such lease ; and the lessee of the area first leased shall give to the lessees of the adjoining areas or their agents a written notice that on a day named — to be not less than ten days 4 after the service of such notice- -a survey will be made for 43 MINES AND MINERALS. ,,e purpose of establishing U. — ^^^^r^ placing the posts or monument r-pmey ^^^^^^ Lrvey slmll be made l^y a bv -n n '^^^^i.Aonev; and such ment shall be sanctioned b> the C^ ^.,^ ,^ surveyor shal make a eUu^^^o^^^^^^ accurate plan thei eot to v. , , „ -u^p^ made After forty aay., . , . r ^ ,1a v« qfter such return has been maae ^^„^^i,, 4. If within forty days after ^^c ^^ ^^^ ^^.^^ be i^ade eo„fl««o.. by the surveyor to ^^f, ^,"X ^mmdary lines of the area as to the Commissioner <^^^^^Xnce Sh the lines as originally so defined are not in accordance ^^ml^ ^^^ ^ the defined, the boundaiy lines of ^^l^eVeU to be the true mirvevor shall as between the lessees, u rdconcet boundary line, of the area. ,.^„,e-.— ?, „-Ur.vpmpntioned, from disagree- ^^gi^^jiisheii, 5. If within the y^-^ »*;Xnim'° are' not established c«— - • rrdS^rarr::;sC"'^^,4^>^^^^^^^^ Sue held to be -% " ^ ^„, „, ,,, ,,,,,,,»,,■ 6. The expenses of a^^"^; ''''' ^^ents as required by or erection of all such Po;\^ \eCes o the area! defined ; this Act shall be Pa^^^^^^ ^^^ jf^nd such posts or monu- and, where such sun^eysaie macu. a ^^^^ ^^^^^ ments are established by viitue ^^^^ recovered from ^^^^^ ^^^„^^,,, ?ret:;erl;i:SnCeT^^^^^ debt of like amount. like amount. y,^ Ae^.siomm.nts, by «.^ oa nftpn as it shall Oe Ues. ^,hom, when ami 7. Each n»T'<="' °\,r epSeed by the lessee at his «.,.,»... troyed or remoyed, ^>>'''''*',fXr he shall be so required own expense w.thm ™« " ™*„^;'2edings therefor sl,a 1 be 1 tn'^tTSnbef orT;lqS.-^i for the%riginal dehnrUon oi: the area. ^ ,^^^j in-J«:,e," 8. Where the lessee is ""' *^ °™he boundary posts eluded in the area leased and on ^hich J ^^ ^ ^^ ov monuments are «^l>"'«f ,'V„j "tut shall pay the pro- >'^.-'>- rt'S.aZ::rd\Sy. prietor tor the aauiii, t .mve on theDm.s«>.Vr . • t„,. ond the lessee cannot agiee oii vi ,,,„„| ,„ 9. If the proprietoi an* the les ^^ j^reo .„ „> >«„.«... amount of ^r'^ ?»™f »>« '^'ff^,. Je County in which tstrrf=^|grsuci?ii-r rdtSiat'lfrt^^SXni shall be anal. 44 MINES AND MINERALS. Appraisers* fees. -jQ^ TS^&ch of such JusUces of the Peace shall be entitled to one dollar a day for the time actually and necessarily em- ployed in making such appraisement, besides travelling fees at the rate of ten cents per mile to be computed from the residence of the Justice to the place where the appraise- ment is made ; such pay and travelling fees to bo paid by the lessee. Penalty for not n j^^y lessee neglectinjj to set up such posts or monu- erecting or re* J "^ ^i i i placing menu- meuts or to renew oi e/; •. ""e the same when removed or '°^"*'' destroyed, as required 'J Act, shall forfeit a sum not exceeding one hundred (v.itrs for every such post or monu- ment he shall neglect to set up or replace. 12. Any person wilfully destroying, defacing, injuring or removing any such post or monument, or attempting so to do, shall forfeit a sum not exceeding one hundred dollars for each offence, Penalties, where 13. Any penalty Under this Act shall be recovered in ed. "^"^^ ° * the name of the Commissioner, before two Justices of the Peace for the County wherein the offence is committed, in the same manner as an ordinary debt. Penalty for destroying, &c., tnonuments. Section 26 of Chapter 9, R. S., amended. Subsequent damages, how ascertained, in 14. The words following are added at the end of the twenty-fifth section of Chapter 0, of the Revised Statutes, Fourth Series, " Of Mines and Minerals," heretofore the thirtieth section of Chapter 1, of the Acts of 1869, entitled, " An Act to consolidate the Statutes relating to Mines and Minerals," that is to say : " Where an agreement cannot be made with the owner of the land for any such subsequent caso of dispute, damages, the holder of the lease may proceed to have them referred to arbitration in the manner provided and set forth in this and preceding sections with reference to the assess- ment of damages to lands and for entry." CHAPTER 11, OF ACTS OF 1875. An Act to amend Chapter 9 of the Revised Statutes, " Of Mines and Minerals." (Passed the 6th day of May, A, D., 1875.) Be it enacted by the Governor, Council and Assembly, as follows : , 1, When the lessee named in any lease of gold mining Gold Lease not forfeitable where . e i i ' ^'- i certain amount arcas, or the assignee of such lessee, or such lessee an of work done. • a .i _i__ii i j! j .__i ^!._■\n^^ - assignee^ i>ogctiivr ainxu liuvt; pcrioriurju uiiu iuiiiii requirei in resp demisec shall h the lab for sue to hav such h with s 2. of th( davitf Peace chapt so f u on su bene 3 secti that iille( COTT seal mer beei sucl the of reg be^ th th lei in SI iUlUlivU Ul3 >«' k t MINES AND MISEEAL3. M In%espect to the labor to ]>« ^^fj^y^od of ten years, or demised in and by ^{^f^^f ^J^eh p^W.s^ ^^^Tf^on shall have employed labor o»\ ^^^^ P^e performed thereon the labor required by ^'^^^.^^^^^l^^^shall be taken and held for such pedod; 8»c^/^,^"\'r full. term of such lease, and to have been « «^fi^lf ^^«^,^^,^: JoS^^ such lease shall not be ^^t^^- °, ^e remainder of such term. S such requirements dunng th .e^^n ^^ „.oo..u.. 2. The lessee or a-g-e «haH p^ove^t ^ ^^^^ of the Commissioner of ^""J"^^^^^^^,,^, or a Justice of the davits sworn before such C«™J^;;^^^\ section G2 of the Peace, or by the ^^^^^^^ J^u i \eq^ui.^^^ 3 When it shall be P^'^^^^^' ^^ P'Tsuch Commissioner, seclon of this Act, to f:^^^^^^:^:!^^ with and f u^- that such requirements ^^^fjf^'^i^ ^he first section the filled in the manner ^f ^^^^®,f. '"^e under his hand and C mm sBioner shall grant a c^^^^^^^^^^^^ sell to such ^^^^%^\^'l^t^eXvlhj amended have ments of section 29 of t^®/';;l\ . ^f ten years, and that been complied with for the P^^^d oi ^,^ yi^^ce with S leasees -o^^f^^l^on^O^^^^^^^ f /TaSte the requirements ol^^'^^J^'Z.^ such certificate shall be of the terni of such l^ase^ ^ ^^^ ^.^^^ ^^ee. registered in the book o^ ^e.vstjr inserting Bect,o„^«^ i'^T' Sn^'distriet in which sucn pvemises — ,„„,.«,„.,.« " : 1 Zl ot the chaptov hevohy amended as . moon- „^. ^- .., ,1 •_ \ „4- ;q ronealed. 5 so mucu ui i'"^ 1 , risteat with this Act is repealed. Of * 46 MINES AND MINERALS. Section 108 amended. CHAPTER 15, OF ACTS OF 1878. An Act to amend Chapter 9 of the Revised Statutes, " Of Mines and Minerals." (Pagged the 4th day of April, a. D., 1878.) Be it enacted by the Governor, Council and Assembly, as follows : 1. Section 100 of the said Act is amended, by inserting " after the words " iron ore," " ten cents on every ton of two thousand pounds of copper ore." 4 ^ "Of l>]y. ting two 4