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 0Al^\^4h.A^ .^<^^>M^^. o9.^0 /^ 
 
 "THE 
 
 MINES >#^ 
 
 ^ ^ 
 
 "hx 
 
 Being Chapter 18 of the '^-f^Tsed Statutes of 
 Nova bcotia, 1900. 
 
 HALIFAX, N. g. : 
 
 Commissioner of Pubijc Works a.vd Minei 
 queen's i'rinter. 
 1900. 
 
 '^"yi 
 
CHAPTER 18. 
 
 OF MINES AND MINERALS. 
 
 SHORT TITLE. 
 1892, Jf,' 8. m.^^"' "'''^ ^' '^''"^ ^' "^h« Mi"e« Act." Short ti.I.. 
 
 INTERPRETATION. 
 
 fh?V ,I"thi« Chapter unless the context otherwise requires 
 the followm^ expresHK.ns shull be construed in the manner 
 in this section mentioned :— «"»uuei 
 
 '• ArMress" means the address registered in the office 
 
 min^s on7y ; "' '""'"' ^ ''''"'' ^" ''^^•"^'^ ^"'^ ^""^'^'^l 
 
 wiie^'sf in:;;-"^'"^^"''-'^^""^^^^'^^ -• -^ e^- 
 
 W;S3t;;:s'; "^^"^ ^'^ commissioner of Public 
 
 "Declaration of shares" means a statement in writing 
 
 executed under seal by every licen.see or lessee undT n! 
 
 cense or lease issued to more persons than one. declar ng 
 
 the s^iare of every such person in such license or lease ; ^ 
 
 i)..puty means the Deputy Commissioner of Public 
 
 Works and Mines; i uuuc 
 
 Minfs?"^^ Commissioner" means Deputy Commissioner of 
 ^,^'^Gold-bearing quartz" means all gold-l.earing rock in 
 
 " Inspector" means Iii'.peotor of Mines • 
 
 "Instrument" means every document by which the title 
 to any license or lease, or to any share in any lic-n.e or 
 lease, is changed or in any wise nffected.and indudeseve^v 
 power of attorney un.ler authority of which any I.er^on 
 executes any sucJi document for and on behalf of an v 
 hcen.see or lessee, and every d-claration of shares, but do"^ 
 not include hcen.se, lease, application for licen.se or lease 
 certihcate of judgment or writ of attachment • 
 
 iice,!:i:7uie'a!;w;r "^ p""" '"•'^^"- ^'^>« ^^-"g^^ - 
 
 " Addrew." 
 
 " Alluvia) 
 liceime." 
 
 " Alluvial 
 mines." 
 
 " Cnnimii. 
 sioner." 
 
 ' r»ecloration of 
 shares." 
 
 " Deputy.' 
 
 " Tleputv Com- 
 missioner." 
 
 " OnM-hoaringr 
 quartz." 
 
 " Inspector." 
 " Instrument " 
 
 " Lessee." 
 " Licensee.' 
 
 " Licensed 
 mills." 
 
MINES AND MINERALS. 
 
 " License to 
 •earch." 
 
 "Uen." 
 
 "Lien-holder.' 
 "Mine." 
 
 "Mineralci." 
 
 • Office." 
 
 " Person," 
 
 " Prospeotingr 
 Licente." 
 
 " To mine. ' 
 
 " Transfer." 
 
 " Vacant area.' 
 " License." 
 " License." 
 
 •' Owner." 
 
 Division of 
 Chapter. 
 
 " License to search " means a license to search for mines 
 other than jjold or gol<l anf] silver ; 
 
 "Lien" mean.s and includes any rijjht to or interest in 
 any license or lease obtained by rcgistrntion of any in- 
 strument, not a transfer or declaiation. or by registration 
 of a certificate of judgment or writ of attacliment ; 
 
 " Lien-holder " means any per.son having a lien ; 
 
 " Mine " means any place in which any vein, stratum, or 
 natural bed of coal, or of metalliferous ore or rock exists, 
 or shall or may be worked ; 
 
 " Minerals," when the same belong to the Crown, whether 
 or not subject to license or lease, include gold, silver, tin, 
 lead, copper, iron, precious stones and all other minerals, 
 except limestone, plaster and building materials. 
 
 " Office " means the office of the Commis.sionei at Halifax ; 
 
 " Person " includes body corporate ; 
 
 " Prospecting license" means license to search for mines 
 of gold, or gold and silver ; 
 
 " To mine " includes every mode and method of working 
 whatsoever, whereby the ore, earth or soil or any rock 
 may be removed, washed, shifted, smelted, refined, crushed 
 or otherwise dealt with for the purpose of obtaining gold, 
 silver, coal, iron, copper, or any rock, ore or metallic sub- 
 stance, whether or not the same has been previously dis- 
 turbed or dealt with ; 
 
 "Transfer " means an instrument executed by a licensee 
 or lessee by himself or his attorney by which the title to 
 any license or lease, or to any share in any license or lease, 
 is absolutely transferied ; 
 
 " Vacant area " means an area for which a license or lease 
 has not been applied for or granted; 
 
 In Part I of this Chapter the expression " license " in- 
 cludes both prospecting license and license to search ; 
 
 In Part II, the expression " license " means prospecting 
 license ; 
 
 In Part III, the expression " license " means license to 
 search ;" 
 
 " Owner " (where under the provisions of this Chapter 
 any notice is required to be given to or by the owner of 
 any land, or where in order to do any ict the consent of 
 such owner in required), means any person who is legally 
 entitled to sell and convey such land, or the rights sought 
 therein, or whose consent would justify the doing of such 
 act. 
 
 DIVISION OF CHAPTER. 
 
 3- This Chapter is divided into three Parts : 
 Part I contains general provisions and provisions relating 
 to mines of all kinds : 
 
MINES AND MINERALS. 
 
 Otncen. 
 
 Inspector of 
 Mines. 
 
 Deputy Inspec- 
 tors. 
 
 Mine Surveyor*. 
 
 Distriutfi of 
 Deputy Com- 
 inissioner*. 
 
 Part II contains provi.sions relating exclusively to gold 
 mines and gold and silver mines; 
 
 Part III contains provisions relating exclusively to mines 
 other than gold and gold and silver. 
 
 PART r. 
 
 OKFI0ER.X. 
 
 4. The Governor-in-Uouncil niav from time to time 
 appoint — 
 
 Suitable persons as Deputy Commissioners of Mines in 
 the several gold districts in this Chapter provided for; 
 
 A suitable person to act as Inspector of Mines, who 'shall 
 be a competent, scientiHc, practical mining engineer; 
 
 One or more competent, practical men jis Deputy In- 
 spectors under the direction of the In.spector of Mines ; 
 
 One or more competent, practical men as Mine Surveyors 
 under the direction of the Inspector of Mines 1892 c 1 
 
 88. 3, 4, ,5. iou^, t. 1, 
 
 5. The Governor-in-Council may define the limits of 
 the districts within which the Deputy Commissioners may 
 exercise their power. 1892, c. I, s. 3. 
 
 POWER.S OK CERTAIN OKKIOERS. 
 
 6 By virtue of and during the continuance of .such commissioner 
 appointment, the Commissioner and Deputy within the h"*^ '**''"*^' '" 
 province, an.l the Deputy Commissioners within the dis- '"'^ '""'*"' °' 
 tricts for which they are respectively appointed, shall 
 exercise the powers and perform the duties of justices of 
 the peace, except tho.se exercised and perfon-ed under the 
 Chapter "Of Civil Procedure in Justices' C uurts " 1892 
 c. 1,8. 8. ' 
 
 DUTIES, Ac, OF INSPKOTOR AND DEPrTlK,S. 
 
 7. It shall be the duty of the Inspector and of the Duty of m,^. 
 Deputy Inspectors under his direction,— torandOeputiS; 
 
 (a) to visit and inspect, from time to time, the various 
 mines belonging to, or under license or lease from 
 the Crown, ' 
 
 {b) to ascertain that the laws, stipulations and agree- 
 ments relative to the working and management of 
 such mines, and to the payment of rent and royalties 
 accruing therefrom, are complied with, and that the 
 mines are being worked in a scientific, workmanlike 
 and effective manner, and with due regard to the 
 maintenance of the value of such mines, and to the 
 safety and protection of the persons employed 
 therein. r / ^ 
 
MINES AND MINERALS. 
 
 Their tenure of 
 otttce teuurity, 
 •to. 
 
 rertnin ntflclBis 
 diiiqiialine<l from 
 •|i|'i.vin(! fur 
 licensed, etc., 
 wd— 
 
 AppHcntiona by 
 them void. 
 
 Office hours. 
 
 LioenceB and 
 L-a->ea may be 
 issued. 
 
 Applioation for 
 li''eni!e or for 
 leuse. 
 
 (c) to report ffom time to tiino to tlio Coinmisaioner 
 in lejjiird to micli iimtt(.'i'a. 1892, c. 1,8 5, part. 
 
 TESUKK OP tiFFICK AND SKCIKITY. 
 
 8. Tlie Dt'pnty Comiiii-siotu'is, the Inspector and 
 Deputy InHpcctoi'M of Mines slwil' liold tiflice (luiiiij; pleasure, 
 and shall eaih give to Her Miijtfs'.y tlie Queen such security 
 as tlie Oovernor-in-Couneil directs fur the faithful discharge 
 of his duties. 1892, c. 1, h. U. 
 
 DISQrALIFICATION. 
 
 9. No person holding the office of Provincial Secretary, 
 Attorney General, t oiinnissioner, Deputy Coninii.s'^ioner, 
 Inspector or Deputy Inspector, and no peison in the 
 eniploj' of the Commissioner, and no pi rsoii liolding any 
 office or eniphnnienfc in any of the goveinnient offices, 
 the duties of which are usually performed at Halifax, 
 shall, while holding such office or employment, fliicctly or 
 indirectly a])])!}' for any licens*^ or lease, either for himself 
 or any other person, or act as (he agent or solicitor of any 
 
 fter^m so applying, under a ju'iia't}' of one thousand dollars 
 or every violfition of this sei tion and forfeiture of liis office 
 and employment. 1S92, c. 1, s. 6, part ; 189.S, c. 2, s. 14. 
 
 10. Every application made liy any person in violation 
 of the next preceding section shall be void. 1893, c. 2, s. 14 
 
 OFFICE HOURS. 
 
 1 1. The office of the Conimi.ssioner, and of every Deputy 
 Commi.ssioner, shall be opened every day, not a holiday, at 
 ten of the clock in the forenoon, and closed at four of the 
 clock in the afternoon, except on 8atui<lays, when it shall 
 be closed at one of the clock in the afternoon. 1892, c. 1,8.2. 
 
 LICE.NSES AND LEASE."*. 
 
 12 — (1.) The Commissioner, and in the case provided 
 for in Part II of this Chapter the Dtputy Commissioners, 
 may, on application therefor, issue licenses and leases, 
 which .shall be suliject to the provisicms of this Chapter, 
 
 (2.) Every application for license or lease, exce^jfc in the 
 case mentioned in this sc^ction when it may be made to a 
 Deputy Couunissioner, shall be made to the Commissioner, 
 1892, c. 1, 88. 17, 91, part; 18!):^, e. 3, s. 3. 
 
 13. Every application for license or lease .shall be in 
 writing, and shall be made during office hours, and every 
 such application made at any other time shall be void, pro- 
 vided that every application received by pest at the office out 
 of ortice hours shall be deemed to be received immediately 
 after the commencement of the next office hours. 1892, 
 c. 1, 8. 2. ■ 
 
 8 
 b 
 
 n 
 
MINES AND MINERALS. 
 
 m 
 
 14 — (I.) Every application for license shall be in the 
 form A in the scheflule to this Chapter, or to the like effuct. 
 
 (2.) Every application for lease shall be in the form B 
 in the schedule to this Chapter, or to the like effect. 
 
 15. No application shall be accepted for areas or tracts 
 of (ground already applied for, or under license or lease, 
 except as in this Chapter provided. 1«!>2, c l.ss. 17, 95. 
 
 16. The Conunissioner shall cause to be indorsed on 
 every application the precise time at which the application 
 was made. 1892, c. 1, s. 18. 
 
 17. No application shall be accepted for a license or loase 
 of any areas or tract of ground, the ri^rht to a license or lease 
 of which is at the time of such ap})lication in dispute before 
 the Conimi.s.sioner or Deputy, or a Deputy Commissioner, or 
 before any court of appeal, or until the time allowed for 
 appeal from any decision in respect to such right has 
 expired. 1892, p. I, .s.s. 76, U5. 
 
 18. — (1 ) When two or more applications for license or 
 lease in whole or in part cover the same areas or tract of 
 ground, and the Commissioner or Deputy Commiasioner is 
 unable to decide who was the first of such applicants, the 
 Commissioner or Deputy Commissioner may, after notice 
 to be given in such manner and for such length of time as 
 to him seems proper, cause the right to a license or lease of 
 the areas or tract of ground in respect to which there are 
 conflicting applications to be offered for sale at auction to 
 the conflicting applicants, and the applicant who offers and 
 pays the highest premium above the price fixed by law 
 shall be entitled to the same. 
 
 (2) If .such conflicting applicants do not offer any 
 premium above such price, the Commi.ssioner or Deputy 
 Commissioner njay offer such right at public auction, in 
 such manner as he thinks fit. 1892, c. 1, .s. 77. 
 
 19. Licenses may be in such one of the forms C and D 
 in the .schedule to this Chapter as is applicable 
 
 20 (a) Every person who has made application for a 
 license or lease, which the Commissioner has refused 
 to accept, and 
 (b) Every licensee or lessee who claims that any 
 application for license or lease made by any person, 
 or any license or lease held by any person, covers in 
 whole or in part areas or a tract of ground covered 
 by the license or lease held by such licensee or lessee, 
 shall, upon request made in writing to the Connnissioneri 
 be entitled to have an investigation held before the Com- 
 missioner to determine 
 
 (a) the right to have such application accepted, or, 
 (6) the matter of the claim of such licensee or lessee. 
 
 Application*, 
 form of. 
 
 No AppUoation 
 permitted for 
 area* already 
 applied for. 
 
 Time of appli- 
 cation to M 
 indorsed. 
 
 No applioation 
 permitted for 
 diiputed areas. 
 
 Simultaneous 
 appliuation, sale 
 hy auction. 
 
 Form of lioense. 
 
 Applicants, etc., 
 entitled to in- 
 vestigation. 
 
MINES AND MINERALS. 
 
 Time fnr InvtttI 
 
 pttiOD, 
 
 Llocnsp and 
 leaM to b« dated. 
 
 Mode of exeout- 
 liiK li';e'ivea and 
 leowi. 
 
 Appllnation for 
 le we to lupM if 
 leuite not 
 executed. 
 
 ReB-Utmtlon 
 and delivery of 
 leane. 
 
 He 'laratlon of 
 Bbaren, 
 
 Application for 
 lii:eni>e not nee- 
 ei«iar> for leone. 
 
 Terinination of 
 lloenne and lease. 
 
 font of pros- 
 peciiiiir etij , not 
 to be liorne by 
 Government." 
 
 Report to be 
 made. 
 
 Licenseei and 
 
 lessees not to 
 
 enter upon 
 
 bniliiin)"!, 
 (fardeim.efu,, ex- 
 cept li.v special 
 liceu8e— 
 
 1..m!' ^ ^ ^''"'"'•''^'""'■r «'"vH fix a timo anrl place for 
 
 o . n^ such mv<..sti,r,Mon, un.l .sI.hI! jrive ut lou.st Llyl' 
 
 not,..e thereof to ovorv perso,. whose rights U8 licensed or 
 
 h-N.si'e limy he affecte-l thereby. ^^"^i^o or 
 
 22 Every ll-ru.,-. aii-l -very lea,se shall hear date of thn 
 day on wh.eh appli-atio,. thei^f.r wa.s n.acle. 's-;? c 4 „ 2 
 
 i i^very lease .shall he o.xecute.l in duplicate oii the 
 part of the Grown l,y the C..ii..nissio,KM- u ule hi.s 1 and 
 and Heal of othce. and by the le.ssee un.ler hi.s ha.:;:: 
 seal If a h. ,se ,.s exe-uled by an attorney of the ks.see 
 he instrmnentcoMlernn^. p,,,,,, t„ ,,,,„^^. ;^„^,; ^ ^Q 
 
 24. If the applicant for a lea.se does not execute such 
 lease an.l lodge one of the tlnplicates in the offi,^ or 
 registry wit nn ..i.e year f.-on. the time of apiEtion 
 
 IS c.'V"s liT' ''•'" "'"" '" ^^"""'^ '« ^« alindoS 
 
 duplicate shall be deli veled^U. t IJ^ .^Ij .^l^i^^ 
 of the Coin.nissioner or Deputy indor.^d the eo, of U e 
 day and year of snc-h registration. 18f)2. c ] s ^ 
 
 <JO. A d. claration o/ s!.„res may be in the form E in 
 the .schedule (,r to the like ertect, and may be lodged in tl e 
 office for re.istration. 18!»2, c. 1. .ss 1.S+ 141 
 
 nr^vl'. f"^ K'Tc '"'V' "^''■^'" " '^''^«« ^v'tf'out having 
 previouslyappliedforalicen.se. 18D2 c 1 s 10 < 
 
 28- Subjeet U) the provisions of 'this'chapter, every 
 
 hcense and every le.se shall terminate on the lay of the 
 
 mon h.nthe year of its termination corresponding w)" 
 
 the clock ot the forenoon (,f the following <lay the areas or 
 
 :r:.^^ s;;' rnl '^^'"^'^ ^'^^ ^'^'^'^-^^-^ - '-'^ 
 
 29 — ( I ) The co.st of prospecting, searching. di.rtrJncr or 
 
 exploring lor a.iy .nineral un.ier a licen.se shaT lurin'ivny 
 
 ca.se be chargeable to rhe (Jovernment or Connni.s.sioner ^ 
 
 2.)-Kvery hcen.see shall, during the time the license 
 
 held by h.m is in force. rep.,rt to the CJommi.ssioner I e 
 
 c. I «s".9 1 ut 97 '' ' ^^ '''■^"' "^ '"''* '*^^'"''^«- I892! 
 30.-( U No licen.se or lea"-, shall authorize the licensee 
 or les,see to enter any house, store, barn or building or the 
 curtilage appertaining thereto, or any garden, ordiard or 
 gronnd.s reserved for ornament, or undtr cultiva o or 
 enclo.sed, except wuh the consent of the occupant, or under 
 license Irom the Governor- in-Couucii. 
 
MINES AND MINERALS. 
 
 
 (2.) No such licenso shall he irrantod by the Oovernor- To^iobuin^i 
 m-l oniicil unk'HH applied fur hy a liceiisee or hsuee who 
 has ^ivcu notico of .such application to the occupant, and 
 
 unloHH 
 case I 
 
 H it \H proved that di<! special circuniNtances of the 
 iiake it just to j,niiiitHuch licenso.and such licenHcniay 
 
 ho planted upon such terniH as tho Govenior-in-Oouncil 
 thinkH proper. |8!)2, o. 1, h. 44 
 
 31. Every lea,se shall, after one year from the date ^"•'"°'>»'« 
 thereof he iridcf(.nsil)le and non-forfeitahle, except for fraud, ' 
 
 or misrepresentation, (>r non-pnynjent of rent or royalty, or 
 failure to ^-oniply with any of the conditions, provisions or 
 stipulations in the lease contained, or it) the case of imy 
 lease i.ssui'd hefore the 17th day of April, A. D. 1889, for 
 non-workiti;r 1H<»7, e. 4, ss 1, 4. 
 
 32. Every person who mines without a license or lease »'«''»"y'7. ^ 
 81'all be liable to a jH-nalty ol not less than ton dollars or irwe ^r license, 
 more than fifty dollars for every di.y he so mines. 181)2, 
 
 r l.ss 70,81. 
 
 33. — (1) The Inspector or Deputy Inspector, "r any J;|^J.'^'';»';,'JJ»J^ 
 person or pei-sons appointed by the Inspector, may enter "iHenn'h'nf'*' 
 upon any pn.perty and premises' upon which he b.-lieves or '"*«»'"''"'"»• 
 IS iidormed that any per.son is mining without licen.se or 
 
 lease, and may make searcli over such property and 
 premises, and if it is found that mining has been carried 
 on, it shall bo prlnm facie evidence that the occupant of 
 such property or premises has lieen mining iheroon. 
 
 (2 ) Any per.son found guilty on sumnia'-y conviction of 
 mining wilhout license or lease may, in addition to the 
 penalty provided in the next preceding section, be ordered 
 to till up at his own expen.se any pit or slope made for the 
 purpo.se of such mitnng, and to make good any further 
 daiUijges caused by such mining, within atime to be named, 
 
 (.■}.) If such per.son fails within the time .so named to 
 fill up such pit or slope, and make good such further 
 damages, he shall be deemed miilty of a distinct offence 
 under thi.s section for every day thereafter until such pit 
 or slope is filled up or such damages made irood. 1892 
 c. l,s.s. 80, 81. 
 
 34 
 m-Councu uimer iins L.napier, luo uomini.ssioner may 
 several licenses and leases to prospect, search or mine for 
 different minerals in and upon the same areas or tract of 
 ground. 1<S!)2, c. 1, .s. 107. 
 
 35.^ When a lea.so is forfeited under the provisions of t^^PfJlJ^^'P^"*' 
 this Chapter the Governor-in-Oouncil may direct such i^'we of forfeited 
 terms ad.litional Lo tlio.se prescribed by this Chapter as is """' 
 deemed pi-oper to be inserted in any new lease of the areas, 
 or any of them, or of the tract of ground, or any portion 
 thereof, covered by such lease. 1892, c. 1,8. 126. 
 
 Subject to any regulations made by tlie Governor- ^7<' 
 icil under this Chapter, tho Comini.ssioner may i.s.sue '"i'ie 
 
 eral lirensei, 
 torflillcrent 
 neralM on 
 saiiiu area. 
 
 areab. 
 
10 
 
 L«Hea,eto.,may, 
 be sold. 
 
 Foriuoflransfer. 
 
 MINES AND MINERALS. 
 
 36— (1.) Subject to the provisions of this Chapter, an^ 
 licensee or lessee may sell and assign the wholl or anl 
 portion ot his share in any license or lease. 
 
 (2) Every transfer may be in the form F in the 
 
 StJKKKNDER OF LKASK. 
 
 Holder Of lease, 
 etc., mty sur* 
 render. 
 
 Acceptance of 
 surrender. 
 
 I^iessee to remain 
 liable notwiih- 
 standlng sur- 
 render. 
 
 Areas liable to 
 forfeiture not to 
 be surrendered. 
 
 Lien-holder, 
 consent of to 
 surrender 
 required. 
 
 37.—(l.) n.e lu.lder of a lease may surrender the same 
 by notice in wriUi.^r. „nder his hand and seal, and lodged 
 t(^rether with the dnplicato of lease delivered to him in the 
 office If such duplicate is lost the Commissioner may 
 accept an affidavit verifying the fact of such loss in place 
 of such ciuplicate. ^ 
 
 nli!n ^f ."'^h ^'•;;«"^<^r m^iy be in the form G in the sched- 
 ule to this Chapter, or to the like effect. lfS<)2 c 1 ss 2q 
 121. par:,. ' " ' ^'^' 
 
 38. oubject to the provisions of this Chapter, the Com- 
 missioner may accept surrender of two or more i;ase.s, and 
 may issue one lease for all th. areas or tracts of ground 
 covered by such surrendered L>n.ses. 1«97 c 4 s 3 
 
 39. Notwith.standing the surrender of any lease the 
 essee shall remain liable in respect to any act. matt^'^r or 
 
 thing, for winch at the .late of such surrender he was liable 
 under tbi« C nipter or under the terras of such lease. J8f)2 
 c. l.s. 29, 121, part. ' 
 
 40. If the Commissioner has .served notice of forfeiture 
 proceedings on the lessee under the provisions of th s 
 Chapter, the lease shall not be surrendered v .M.out the 
 consent of the Governor-in-Council, unle.ss and unMl he 
 Commissioner has decided against forfeiture. 1892, c. I, 
 
 nrl^' " ''"^J'*^" '^'^^ bee" registered against any license 
 or lease, the icen.see or le,s,see shall not be permitted to 
 surrender the icen.se or lease without the con.sent in writing 
 of the hen-holder to be Hied with the Commissioner, and f 
 surrender by the licensee or lessee witlunit such consent in 
 writing first had and filed shall be null and void. 1893 " 
 
 ^1 Si 1. ' * 
 
 
 i 
 
 \ 
 
 NOTICE OF DEFAirLT A.Sr. OTHKR PKOVIH.ONH UKSPECTINO RKNT. 
 Noticeof default ^r> /■• \ m ,, 
 
 on payment Of . 4^— (1.) If the rent payable by any lessee is not paid 
 in advance, notice of such tlefault shall forthwith be maK 
 by the Commi.s,s,oner, postage prepai.l and registered, to the 
 lessee at his address, and may, also, at the same time ,f tie 
 Commissioner deems proper, be mail.>d by him postage 
 prepaid and registered, to any lien-holder at hi.s add refs 
 
MINES AND MINERALS. 
 
 11 
 
 (2.) If 8urh rent is not paid within thirty days after 
 puch notice is uuiilcd to tlie Icssoc, tlic lease shall 'be for- 
 feited at the expiration of such thirty dn^'s, and apjdications 
 for license or lease of the areas or tract of ^lound covered 
 by such lease nuiy be icceivcd by the Coninii>sioner ininiedi- 
 ntely thereafter. 1«1):^, c 2, ss. 2, ,'}, r,, 7, part. 
 
 43. A licn-hoMer, whether notice of default has been 
 inailt'd to liim or not, may, at any time l)erove the lease is 
 forfeited, pay the rent in arrear, and such j)aynient shall 
 prevent forfeiture. 181);i, c. 2, ss. 5, part, 7 part. 
 
 44— (I.) Any iv'ssi'e uinh-r a lease issued before the 
 seventeenth diiy of April, A. I). 1880, may, by duplicate 
 agreement in writing entered into with the Commissioner, 
 bring such lea.se wholly under the provi.sions of this 
 Chapter. 
 
 (2.) Such agreement may be in such one of the forms 
 H or HU in the .schedule to this Chapter as is applicable 
 to such lea.se. 
 
 (;<.) At the time of the execution of such agreement, the 
 lessee shall pny to the Commissioner an amount e(iual to 
 one year's rent in respect to such lea.se if it had bet-n issued 
 un«ler this Chapter. Such payment shall be deemed the 
 rent for the then current year of such lease, and during the 
 remainder of such year, and thereafter .so long as the 
 annual rent of the .same amotnit for ,sub,=>equent years is 
 jaid in ndvance, .such lease .shall not be liable to forfeiture 
 or non-working. 
 
 (4.) If such rent is not paid in advance, the lessee and 
 lien-holder .shall be entitled to the same notice of default, 
 and the leas shall be liable to forfeiture for non-payment 
 of rent in the .same manner and at the same time as if such 
 lease had been applied for and issued under this Chapter. 
 18y2, c. l.s. 18 (c)and 108 (i). 
 
 Forfeiture for 
 
 contiiiued 
 
 detauU. 
 
 l.ipn-h..lder may 
 pay rent. 
 
 Lease if<<<ued be- 
 fore April, 1880. 
 may bf 1 rought 
 under this 
 t hapter ; 
 
 Uodeofsodoing. 
 
 Payment at time 
 of change. 
 
 I 
 
 Notice on 
 default. 
 
 Gold and silver. 
 
 R()VALTIK.S. 
 
 45. All ores and minerals mined, wrought or gotten "°>""'«' 
 under authority of license or lease, shall be subject to the 
 following royalties to the Crown for tlie u.se of the province, 
 that is to say: — 
 
 {a) Gold and Silver. — Two per centum of the gro.s8 
 
 value thereof. 
 (b) Cou/— Ten cents on every ton of two thousand ^'°"'' 
 two hundred and forty pounds of coal, sold or 
 removed from the mi!">, or u.sed in the manufacture 
 of coke, or other u.i ni of manufactured fuel. Coal 
 used for domestic purposes by the workmen em- 
 ployed in and about such mine, and coal used in 
 mining operations in and about the mine from which 
 
12 
 
 Copper. 
 
 Lead. 
 
 Iron. 
 
 Tin, precious 
 stones, etc. 
 
 Royalties may 
 be inureased. 
 
 Interest on 
 royalties. 
 
 Refund of cer- 
 tain excesses. 
 
 Royalties on 
 forfeited leases, 
 
 Collection of 
 royalties. 
 
 MINES AND MINERALS. 
 
 (c) Oopper.—Four cents upon every unit, that is, upon 
 every one per centum of copper contained in each 
 and every ton ot two thousand three hundred and 
 titty-two pounds of copper ore sold or smelted. 
 
 (d) lead.— Two cents upon every unit, that is, upon 
 every one per centum of lead contained in each and 
 every ton of two thousand two hundred and forty 
 pounds of lead ore sold or smelted. 
 
 ^'\JnZ":^^T T/"" ^" '''"'■>' ^'^'^ «f t^o thousand 
 two hundred and forty pounds of ore sold or smelted 
 
 fLf T J'r^ciom Stone.s and other Minerals 
 
 ioVZ, c. 1, Hs. 45, 117. 
 46. Every lease shall contain a provision th-it ih^ 
 royalties may be increased, din.inil^i.v 7 othL e 
 changed I.y the legislature. 1892, c. 1, s 118. ^'"^'"'^'^'^ 
 
 «^tJ' V^ »::^y'^Jti^« ^^e to the Cr.>wa shall' bear interest 
 
 wh ch Th 1 ''^^ PT """'"•" •^•"'- ^""""' f'-"'" the date on 
 winch they become due. 1892, c. 1, s. 119. 
 
 48. If a lessee in any one year pays as rovaltv on 
 minerals mined out of the land covered by the le J, an 
 
 rerrhe^si:;?,";:''"^ i" ^"""'^' '-^"^ '" -peet t^u^h 
 
 lease he shall, on application, receive a refund of the 
 amount paM a,s rent for such year, if he has not received a 
 
 8 108 (h) '"''""' ^^' ^"^ "''^^'' ^^*««"- l^^^!?! 
 
 u.^^Vi ^^^" royalties are due in respect to a forfeited 
 lease the Governo.-in-Council may nM.uiro the pavm'n^^^^^^^ 
 royalties then due by any applicant 'for a evvCrise or 
 
 S. l8t !:t s72r '' '''-'' ''■"'' - ^' ^-^^^ 
 
 50. -(1) When royalties are due to the Crown the 
 Governor-in-Council may order the Cominissionei to issue 
 
 TeT^\r^''' •'" •''•"^', "r^ ''''' '^f °'fi«^' directed to l": 
 sheutf of the county in which the areas or tract of .rcound 
 covered by the license or lease in respect to wh cl such 
 royaltie . are due are situated, requiring such sheritt-inS 
 
 used in woiking and operating on such land ; and if within 
 the space of twenty days ne.xt after such levy, such wa 
 ties are no paid to the sheriff, to proceed to^sell tl o Ze 
 or 80 much of such goods and chattels as are suffic ent 
 to pay such royalties and his fees, first havin.. Zbl civ 
 
 SefnT. ' 1 ^'^V'^'"'.^'^'' ^''^ ■'^P"^« <'f "'>t '-'^^ than te S 
 before such .sale, and to make return of such warrant,tfd 
 
 
I 
 
 MINES AND MINERALS. 
 
 13 
 
 itt 
 
 pay over the sum due for such royalties to the Commis- 
 sioner within thirty days from the issuing thereof. 
 
 (2.) Upon the receipt of such order the Commissioner 
 shall h\me such warrant and deliver the same to such 
 sheriff", who shall immediately execute the same according 
 to the exigencies thereof. 
 
 (3.) The sheriff's fees on such warrant shall be the same 
 as on a writ of execution issued out of the Supreme Court 
 1892, c. 1, s. 146. 
 
 FORFEITURK. 
 
 51. Any lease may be forfeited for failure,— Forfeiture for 
 
 (a) to pay the stipulated royalties, other than those ?o:?aUi^r'" °' 
 arisnig from gold-bearing material or gold and 
 silver-bearing material, crushed or otherwise treated 
 
 at a licensed mill, or, 
 
 (b) to cou)ply with any of the terms, stipulations, 
 coverants or conditions in the lease contained. 
 1892, c. 1, s. HO. 
 
 S2. — (1.) When it is represented to or comes to the .fof'^'t"™ '<>' 
 knowledge of the Commissioner that any lessee,— "" *""'• 
 
 (a) has not effectively and continuously performed, 
 in respect to the lease held by him, the work re- 
 (juired by such lease or by the provisions of this 
 Chaptci', 01-, 
 
 (b) has 1 (1 formed such work colourably, or, 
 
 (c) has iilKindoned work so required for the space of 
 one year, or, 
 
 (d) has failed to comply with any of the ether terms, 
 stipulations, covenants or conditions of such lease, 
 except those in respect to rent or the payment thereof^ 
 
 the Coninjissioner sliall cause a notice in the form I in the Notice, 
 schedule, or to the like effect, to be served upon the lessee, 
 informing him of the complaint which has been so repre- 
 sented to or come to the knowledge of the Connnissioner, 
 and appointing a time and place for holding an investiga- 
 tion in respect to the matter of such complaint. 
 
 (2.) The time so appointed shall be, — Length ot 
 
 (a) if such complaint is under {a),{b)or (c) of the ""'""■ 
 preceding sub-section, at least six montl.s, and, 
 
 (b) if under (d) of such sub-section, thirty days, 
 after the service of such notice. 
 
 (3 ) On such itivestigution the Commissioner shall decide SSSr?'^""" 
 whether such complaint is sustained or not, and if such 
 charge is sustained shall declare such lease forfeited. 
 Notice of such decisicm and declaration shall be served on 
 the lessee, and a minute thereof, with the date on which 
 such decision was given, shall he kept posted in a con- 
 spicuous place in the Commissioner's office for thirty days 
 after such date. 1«92, c. 1, sa. 60, 122. 123, 12 4. 
 
14 
 
 Work to cease 
 upon forfeiture 
 and— 
 
 MINES AND MINERALS. 
 
 All rl)fht8 in 
 lease to lerini 
 nate. 
 
 Bulldinpi, eic , 
 may be removed 
 
 Forfeiture may 
 be escaped by 
 worltinjf , etc. 
 
 Warrant to oh 
 tain possession. 
 
 Savine of other 
 remedies. 
 
 Private land 
 may be entered 
 on. 
 
 53._(1) Imnediately upon such notice of decision and 
 declaration bein. served upon l.i.n the lessee shall cease all 
 mining operations on the areas or tract of s-round covered 
 by such lease. wvcicu 
 
 (2.) Upon the expiration of the time allowed for assert- 
 ing an appeal ,f no appeal from such decision is asserted 
 and upon such decision being affirmed upon appeal if an 
 appeal is asserted, the les.see and all lien-holders' shall cea^e 
 to have any interest ,n the lease forfeited and in such areas 
 or tract ot ground, and the same shall immediately become 
 re-vested in the Crown. ^ . 
 
 (3.) The lessee may at any time before the end of thirty 
 days after the expiration of such time or after the affirm- 
 ance of such decision on appeal remove any buildincrs 
 nacunery and plant bel.,nging to him upon such areas "or 
 tact ot ground, notwithstanding that the same are con- 
 sidered in law as real property. 1H92, c. 1, ss. 84 (part), 78 
 54. lu case oi a complaint that work has not been 
 performed by a lessee as hereinbefore provided, if within 
 SIX months alter service of the notice informing the lessee 
 of such complaint, the lessee,— 
 
 (a) commences and prosecutes effective work in 
 respect to such lease to the satisfaction of the Com- 
 mission' ■!•, or 
 
 ^'' kasf*"'' '""^^ "^ ^^^^ agreement in respect to such 
 the lease shall not be forfeited. 1892, c. 1, s. 122. 
 
 55. The Commissioiior may, by warrant under his hand 
 and seal, addressed to the sheriff of the county in which the 
 areas or tract of ground coveivd by any lease forfeited for 
 non-payment ot rent, or which has been declared forfeited 
 for any other cause, is sitii.ite.l, cause anv person imlawf ully 
 in possession of the same to be removed from the posses- 
 si. (hereof ; and upon receipt of such warrant the sheriff 
 iHyt'c.'"!,'^ 78 "''''"^ ''''" ^"""^^''^^^'y «^«c"te the sam^ 
 
 Hp^^M.i^'f ''!•"" ".' ^'•'' ^'^''P^'^'' «""t'^5"e'J «'^nll prevent 
 Her Majesty Irom having or using any other remedy now 
 available to recover possession of any areas or tract of g.-ound 
 covered by any such lease. :.S92, c. 1, .s. 85. 
 
 LICKNSEE-ENTRY ON PRIVATK LAND -DAMA0K8. 
 
 fh^ru ^?'^' ^'T"'^ '"''^' '"''•'""^ ^^ ^^« provisions in 
 bvr H,V ii "■ TuTf. '^"^"'•."Pon private land covered 
 by the license held by him, and may search thereon for any 
 mineral specified in .such licence. ^ 
 
 i 
 
MINES AND MINERALS. 
 
 16 
 
 58. — (1.) If the owner of such land seeks compensation compenMtion 
 for damage oceaHioned by such entry and search, he shall no't?o'e'"^be 
 before the end of three months after the expiration of such *''*"' 
 license serve the licensee with notice in writing, which 
 may he in the form K in the schedule, stating the particulars 
 of such damage, and the amount of compensation he claims. 
 
 (2.) If the owner fails to serve such notice within such 
 time he shall not be entitled to any compensation for such 
 damage. 1892, c. 1, ss. 41, lOO. 
 
 59. If the licensee does not within one month after Arbitration in 
 service upon him of such notice pay the amount of com- mlX'""^""" 
 pensation claimed or otherwise satisfy the claim of the 
 
 owner to compensation, the owner may within one month 
 after the expiration of such month give notice to the lessee 
 that he requires the amount of such compensation to be 
 settled by arbitration, and stating the name of his arbitrator. 
 
 60. If within ten days after the service of such notice Aroitrator, how 
 the licensee does not pay such amount or give the name of ''»''~'"'*''- 
 the arbitrator appointed by him, the warden of the muni- 
 cipality in which the land is situated, upon application of 
 
 the owner, shall appoint a competent per.-son to be arbitrator 
 on behalf of the licensee. 
 
 61. If the licen.see within such ten days gives the name Third arbitrator, 
 of his arbitrator, the two arbitrators shall within ten days 
 
 after the nam • <<i' the licensee's arbitrator has been given 
 to the owner name a third arbitrator. 
 
 I,ES.SEK— ENTRY O.V PRIVATE LAND— DAM AGK.S. 
 
 62. No lessee shall enter or mine upon private land Private und not 
 until he has obtained the right to enter and mine thereon, JTpo'n t,nnI*?!Kht 
 either by agreement with the owner or under the provisions .'"•''^ *° '» *"•• 
 of this Chapter. 1892, c. 1, ss 19, part, 20. 
 
 63. Every lessee who desires to enter and mine upon Notice to be 
 private land and who has not made an agreement with the *''""*' °''"' 
 owner authorizing such entry and mining, shall first serve 
 on the owner a notice in writing, which may be in form L 
 in the schedule, stating : — 
 
 {(i) that he intends to enter on such land and mine Contenuof 
 for a certain mineral, mentioning the mineral "''"°*' 
 specified in the lease held by him, 
 
 (f>) that he is ready by agreement to define the land 
 required by him for mining purposes, including the 
 opening of shafts and other excavations, the con- 
 struction of necessary roads and drains, and the 
 erection of buildings, machinery and plant, and for 
 developing ground, and for all other things incidental 
 to mining, and to fix the amount of compeii.sation for 
 damages arising therefrom and to pay the same, and. 
 
 ) owner. 
 
t 
 
 If agreement not 
 arrived at plan 
 to be mode. 
 
 Notice to b* 
 given. 
 
 Contents of 
 notice. 
 
 ^* Mines and minerals. 
 
 re,p,„«l ,u„l to Hx ,„cl, co,„|„.„„;,,„,„. '""<' "" 
 
 req„™l with i.i-e,np,„,.o,,,,:,'r„°;,,P'f;,',l:'-'' '" '° 
 
 in^wiiJiiVhir:;:^ b:^: th:: ;i;,;'Ti''tr'''", Tr 
 
 and which shall coi.tnin,- " "'" '"!''«'1''1«. 
 
 ('«) a de»ci-i|,iion of tile l.ind required, 
 {!>) a copy of .ucll surveyor', pl„n, 
 (c) a declaration that the les-see is roa.1v to Dnv « 
 
 a.bitrator, if hi,, olKirrep^^d'S"'^ "" ""'^ 
 
 *'\he",t;:':; hi^Trfirrar-'- '° '""""- -'^ --'- 
 thfol„^rd;,t'Lr/o';:;;™";t'ieteTrh"e'r''""'-.' 
 t/.e:a„diie,(„p„„a;;;;;;:::^ : ■--u-;tvi"^ 
 
 co,npetent person to 1,'e arl.itrator on W I'lC 1 '^ ^r '' 
 
 ofttt,^^;xrru:^':;;i-:;;:-;:r4;hrf'f^ 
 
 66. If atfuiy time after a Itissou lias tv.i,? H,„ « 
 
 sahon awanle.l, he renuire.s u.oie lin fn • , «"f»Pen- 
 
 than was derived by tile urv e, o, ,' nv^ ;:":;"-■ '^"'•'"^'^^^ 
 
 he may take the sa-.e pvoci^uT^^l 7 T^'"''''''' 
 
 additionalland to accjuire'^the iu^^^^^^^^^ ''''^' '''^"''' '^ «"«h 
 
 ARBITKATION. 
 Third arbitrator an y. , , 
 to be appointed O'- It the tW'O arhitiatoi'S Jirinr.;r,f„.l U xi 
 
 by warden in o ,i,\,nnffl ri.. ^ "''.''' 'itor.s appointed by the Dait es f/» 
 
 sr.'"'-%"p zre,t"of'';t::o'r,,t'^;;:;fr r^'- r''=' °"^ 
 the party app,,i,ui:;hir^At ;,';;'':;. "'■'; *•""■" ''^ 
 
 ^.ithepa^ti^:tJ:i-dS!;;roSt;iriSS^ 
 
 Arbitration if 
 iiMpeiisation 
 offered not 
 ftuoepted. 
 
 Third arbitrator 
 
 Additional land, 
 
 coiiipeusatiou 
 
 'or. 
 
 I 
 
 M 
 
MINES AND MINERALS. 
 
 H.f ?^nn'^''-^ 'Arbitrators after having taken an oath before 
 the (,ommi8s,oner. L.spector, ward.-n or a justice of the 
 pe,.ce to fanhfully and impartially fulHl the Jut s of their 
 oftce. shall un.nediatoly proceed to determine the compen- 
 TZ r? P';"^ ""^ t»je majority n.ay decide, and the aTa,^ 
 
 aa '^•;'^:' ''^Vr ''"^" b*^ «"'^' '^"d without appeal. 
 A rVx'^ ■ ""."^''"'^ ""^"^^ ^^ S'ven, and no official act 
 done by the ma,orily of the arbitnttors, unless at a meeting 
 of wh.ch the other arbitrators has received notice at leasf 
 two clear days before, stating the time and pkce of such 
 
 L^^tgon^^tl^tiS '' ''''''''"' " ^^^'^^ ''"^ '' '^^ 
 
 a^Lt^:;lr ^SoStr^St t^^'^ 
 
 sideration the inconveniences, loss or damage aris ng from 
 the land benig taken, but shall not take into considfraS 
 
 itv^fs^rat rsT'^ '' ^"^^^'« -' "p- - -^-'^e 
 
 70.-(l.) If the owner, in the case of a dispute between 
 an owner and lessee, is not satisHed with the\.Ian dmwn 
 d^Hne'tl : ifnd""'^""^ '^^ "'^^ I'^^'^y ''' ^he iLpectir to 
 sh^'irbe'^^^^^^^^^^ " "^""'' ^"^ '''^ ^--- «f ^^- f-Pector 
 
 (2 ) Tiie Inspector in such case shall allow only the land 
 strictly requisite for mining purposes. ^ 
 
 71. The arbitrators may swear the parties and their 
 witnesses, and ,n their discretion interrogate them under 
 oath, and may view the premi.ses. 
 
 72. If there are several owners, and all of thpm nm 
 known, tie arbitrators shall determine te s are o^ the 
 compen.sation awarded to which each owner is entitlj^l 
 
 onffi •■ . "" ' •''""■'^ .^"^*' ^^'"^ >iimnnt of compensation with 
 sufhcient certainty the same shall not be set i.side becluse 
 the persons entitled to the compensation awarded are not 
 designated by name, or suffieiently designated, oibv reason 
 
 mattei of form; but the Supreme Court, or a iudsre thereof 
 8ha 1 rectify any error or informality, and adVt sue Pro 
 ceedings as are necessary for determining to w^n^th; 
 compensation shall be paid, or for otherwise earning into 
 effect t^he provisions and intent of this Chaptei. ^1892 
 
 ri.!«r^';^?'-^7 ^^"""^^ ""'^' ""^«'' ^he provisions of this 
 
 Chapter, obtain horn owners of land in the vicinity of tie 
 
 and he req„,,es for mining purposes, the right of wL over 
 
 ^he land of such owners for himself and servants and agents 
 
 17 
 
 ArbiCrators to 
 deteriiine coin- 
 penoaiion. 
 
 Provisions 
 respeoiinif arbi- 
 tration. 
 
 Application to 
 In8|iector to 
 define Iind ff 
 plan not satis- 
 factory. 
 
 Arbitrators may 
 
 administer 
 
 oaths. 
 
 Several owners. 
 
 Award not 
 vitiated liy 
 irregularities. 
 
 RljChtsof way, 
 &c; , how obtain- 
 ed, compensa- 
 tion for, eta. 
 
18 
 
 MINES AND MINERALS. 
 
 Ooveriior-in- 
 Council to 
 determine as to 
 tunnels. 
 
 Streams not to 
 be diverted. 
 
 Additional land, 
 
 Award to be 
 
 registered. 
 
 with horses and vehicles, and the right to make the works 
 necessary thereon for conveying the water required by him 
 for the working of his mine or mines, and tlie right to make 
 tunnels under such land to tlie hmd he so re(iuir<'S, and the 
 compensation to be paid by such lessee may be determined 
 by arbitration under tlie provisions of this Chapter. 
 
 (2) If the lessee and owners cannot agree in respect to 
 such tunnels, the Govenior-in-Council shall determine 
 where such tunnels shall be made, the number of them, the 
 size, width and depth thereof, the quantity of land to be 
 taken for access to such tuimels, and the course and direc- 
 tion of such tunnels. 
 
 (3) Nothing in this .section shall enable the lessee to 
 turn the course of any river, stream or spring .so as to 
 deprive the inferior riparian owners of the use of such 
 river, stream or spring. 
 
 75. Whenever and as often as a lessee requires for min- 
 ing purposes land in addition to that for which he has paid 
 the compensation awarded under the provisions of this 
 Chapter, he may have the same defined, and the compen- 
 sation to be paid by him therefor determined, under the 
 provisions of this Chapter in the same way as in the Hrst 
 instance. 
 
 76. Every award made in the case of a dispute between 
 an owner and lessee, accompanied by a copy of the notice 
 served by che lessee on the owner, and the affidavit of 
 service of such notice, together with the plan of the land 
 required by the lessee made by the surveyor or a copy of 
 such plan, together with a minute of any alteration made 
 in respect to .such land by the Inspector, shall be lodged in 
 the registry of deeds for the registration district in which 
 such land lies, and shall be registered by the registrar of 
 deeds upon payment to him of a fee of ten cents per folio 
 for the papers so registered, and twenty-tive cents for such 
 plan. 
 
 PAVMENT OF COMPENSATION AWARDED. 
 
 ^Ta^rfeS^^ 77. Subject to the provisions of the next, following 
 section, when the award of the arbitrators is given, the 
 amount of compensation awarded shall be paid by the 
 licen.see or lessee to the owner. 
 
 78. ('*) If the owner refuses to accept payment of 
 such amount, or, 
 
 (b) if the owner is unknown, or cannot be found, if 
 there are a number of owners and some of them are 
 unknown or cannot be found, or 
 
 (c) if two or more per.sons claim to be interested 
 adversely one to another as owners. 
 
 Compensation 
 may be paid 
 into court in 
 certain cases. 
 
MINES AND MINERALS. 
 
 the licensee or lessee shall pay the amount of compensation 
 awarded into the Supreme Court at the office of the pro- 
 tiionotary tor the county in which the land lies. 
 
 79. The payment of the amount of compensation 
 awarded by the licensee or lessee to the person desiirnated 
 ty the award as entitled thereto, or into the SiPpreme 
 Court under the next preceding section, shall discharge the 
 licensee or lessee, as the case may be, from further liability 
 by reason of entry upon such land, the opening and work- 
 ing of a mine or mines, on the land, and doing the acts and 
 things for which such compensation has Km awarded. 
 lo92, c. 10, 8. 24, 
 
 80. The prothonotary shall, upon receipt of such 
 amount, deposit the same at interest in a Dominion Gov- 
 ernment savings bank, or in a chartered bank. 
 
 81. The prothonotary shall be entitled to a commission 
 of one per cent, upon such ranount, but shall not be entitled 
 to any other tee. 1892, c. 1, s. 24. 
 
 82. Upon payment of such amount the lessee may 
 dui ng the term of his lease enter upon and occupy the 
 land agreed upon between him and the owner or defined 
 by the surveyor or allowed by the inspector, and may open 
 necessary shafts and other excavations, construct roads and 
 drains, erect l.uiidings, machinery and plant thereon use 
 
 llHur '^'' """? *■"^^"-l;•"^' g^-"»S. -d do aid'per- 
 tuim all things incidental to the opening and working of a 
 
 mine or mines. At the termination of the lease all nghts 
 
 elast ilSt c:\r26.'"'' '^ "'"^"^ of such award slall 
 
 83. If the compensation awarded has been paid into the 
 supreme Court, the court or any judge thereof may. upon 
 petition of any person claiming to be entitled to such com- 
 pensation or any part thereof, investigate his right to the 
 same, and upon being satisfied by afiidavitororal festimony 
 that notice ut the hearing of su.h petition has been served 
 upon all persons interested therein, and that the person 
 claiming is entitled to such compensation or any pa^-t 
 thereof, may direct the protl.onotary to pay to such peS 
 1892, c."l"s 25 ««'"P«"-^^tion to wiiich he is entitled 
 
 84 Any person claiming to be entitled to the com- 
 pensation paid by a licensee or lessee to any person or hi 
 the prothonotary under (,rder of theStipreme Cuurt to anv 
 person who has not received actual notice of the hearin.. of 
 such petition, may prosecute his claim by action for monev 
 had and received against such person. 1892. c. 1, s. 24 
 
 19 
 
 Payment of 
 coiiipeniMitlon • 
 (liiuniirKe froiu 
 liability. 
 
 Prothonotary ta 
 deposit com- 
 pensation. 
 
 Prothonotary't 
 coiuniiaaion. 
 
 Riehts ifiven by 
 payment of 
 ooiiipenialion. 
 
 Compensation 
 paid Into court 
 now obtained. 
 
 Money paid as 
 ooiiipeniutioii 
 may be recovered 
 by iiersous en- 
 titled. 
 
 V* 
 
10 
 
 Unn)>uenar> 
 daniaKe not to 
 be doae. 
 
 liAnd aoiuired 
 to be used only 
 for mining pnr 
 poses. 
 
 lnve*'.iiratlonsto 
 be held at ap- 
 pointed liineH. 
 
 Adjournment. 
 
 Serurity may be 
 required. 
 
 Oiapofiition of 
 security. 
 
 Evidence may 
 be taken. 
 
 Witnesses may 
 be compelled to 
 attend. 
 
 ontempt. 
 
 MINES AN1)j;,MINERALS. 
 
 VSK or LAND. 
 
 85. Every lessee .shall use tlio land acquired by him 
 under this Chapter for mining purpo.ses in such manner as 
 is least injurio is to the owner of such land, and to the 
 owner of any ether land lying contiguous thereto. 1892 
 c. 1,8 31. 
 
 86. No lessee shall use any part of the land so acquired 
 for any other purpose whatsoevei- except mining and pur- 
 poses connected therewith. 1892, c. l.s. 31, 
 
 INVK.STir.ATION.S. 
 
 87. Every investigation held before the Commissioner 
 shall be held at the time and place appointed, and of which 
 notice has been given to the persons interested, or at such 
 other time and place to which the Commissioner may from 
 time to time adjourn. 
 
 88. The Commissioner may before giving notice of an 
 investigation, require the person at whose retpiest such 
 investigation is appointed to be held to deposit with the 
 Conmiissioncr a sum of money to an amount to be fixed by 
 the Commis.sioner as security for the expenses which 
 may be occasioned to the persons entitled to receive notice 
 of such inve.stigation. 
 
 89 — (1.) If the person making such request succeeds 
 upon such investigation, such sum of money shall be repaid 
 to him. 
 
 (2.) If he fails the Commissioner may pay to each of the 
 persons so entitled .such rea.sonable sum' for expen.ses as he 
 deems proper, and shall pay the balance, if any, of the 
 money so deposited to the person who deposited the .same. 
 
 90. At any investigation the Coiniiii.ssioner may hear 
 evidence under oach in behalf of the several persons 
 interested. 
 
 91. The Commissioner in any such investigation, and 
 any Deputy Commissioner in any such investigation, may 
 compel the attendance before him of witnes.ses by subpoena 
 under his hand and seal, and may by subpu-na duces tecum 
 compel the production by any witness of any papers, books 
 or documents ; and any witness who is served with a sub- 
 p(Ena and paid the amount of money allowed to a witness 
 for travel and attendance in the Supreme Court, shall be 
 subject to the same penalties for di.sooeying such subpoena 
 as he would be liable to had the subpdnia been Issued out 
 of the Supreme Court. 1892, c. 1, ,s. 145. 
 
 92. An application foi- proceeclings in contempt may be 
 made to the Supreme Court, or any judge thereof, who shall 
 treat failure to obey a subpcena duly issued by the Com- 
 missioner, and any other contempt of the Commissioner 
 
 1 
 
 i 
 
 « 
 
 it 
 
I 
 
 MINES AND MINERALS. 
 
 21 
 
 "a^S 
 
 on 
 invettiKktloa. 
 
 while investi^atinfj jiny mich matter, in th« same manner 
 as (iiH()J)editMice to a Huhpouia issued out of the Supreme 
 Court, or HJmilar contempt of the Supreme Court. 1892, c. 
 1, s. 145. 
 
 93. The Commisfiioner upon any investigation shall j^^JJ^fon"'""" 
 
 have power,— niwoner 
 
 (a) to accept either in whole or in part, any applica- 
 tion previously rcfuHed, 
 
 (h) to amend any license or lease which covers areas 
 or a tract of ground covered by a previous license or 
 lease, and, 
 
 (c) to adjust the rights of the various persons in dis- 
 pute before him. 
 
 API'KALS. 
 
 04 Any person aggrieved by any decision of the Com- 
 misHioner may appeal therefrom to the Supreme Court, 
 subject to the following conditions, that is to say : 
 
 {a) Such person .shall within twenty days after he 
 has received notice of the decision give notice of 
 appeal to the Coirmiissioner, and to every person 
 interested in the decision ; 
 (b) He shall within thirty days after he has received 
 such notice of the decision file with the Commi.s- 
 sioner a bond in the penal sum of two hundred 
 dollars, conditioned to enter and prosecute the ap- 
 peal without delay and to pay all costs which may 
 be adjudged against him on such appeal. 1892, c. 1, 
 S.S. (58, 88, 124. 
 ^ 95.— (I.) Upon .such bond being filed and approved, the 
 Commissioner shall transmit to the prothonotary at Halifax 
 the note.s of evidence taken before him and the e.vhibits 
 put in evidence and the decision appealed from. 
 
 (2.) Original papers on file in the Mines office shall not 
 he transmitted on such appeal, or in any case, unless the 
 Commissioner so orders, but copies thereof, to be prepared 
 at tlie expense of the party appaaling, and certified by the 
 Commissioner or Deputy, shall be transmitted instead of 
 the originals. 
 
 (3.) The Supreme Co'irt, or a judge thereof, may grant 
 an order requiring an officer of the department to attend 
 with the original papers i-ecjuired for the purpose of inspec- 
 tion. 1892, c. 1, ss. 09, 70. 
 
 96. The rules of the Supreme Court in respect to the 
 entry.printingand disposition of appeal so far as applicable, 
 shall apply to every such appeal. 1892, c. 1, s. 89. 
 
 97. If the court considers that the appeal involves 
 questions of controverted fact on which the verdict of a 
 
 App«a . 
 
 Notice. 
 
 Security. 
 
 Evidence to be 
 transmitted. 
 
 Oriirinal papers, 
 not to be trans- 
 mitted. 
 
 Certain rules o( 
 Supreme Court 
 to apply. 
 
 Trial by jurv 
 may be' directed. 
 
22 
 
 Judgment on 
 vardlut. 
 
 Venllct m»v be 
 movai) a|(K(ngt. 
 
 MINES AND MINERALS. 
 
 jury Hhould pass, the court rnnv order a trial of snrh 
 que8tm.,H of fuct in Hueh co.u.ty an ti.e court (l..t.,„s proner 
 am ail the papers shall be Irans.nitted to the prothonotary 
 of ihatcuuiKy, and tlio cause slwill come on for trial in its 
 place in the s«in.e way as an ordinary jury action. 1892 
 
 C. 1 , H. I <5, ' 
 
 98. Upon the verdict or the findings of the jnrv the 
 presnimg judge .shall pronounce j„di.m..„t. 1^92 r 1 s 73 
 
 yy. {5uch verdict, Hn.lin^rs or judgment nmy be n'.oved" 
 aga.nst in the sa-.e way a. if they U.I been given an 
 ordinary jury action. ^ "i "i an 
 
 AFFIUAVITS 
 
 -0ATH8 — BKrORK WHOM SWORN OK TAKEN. 
 
 AfHrt»vit, etc., 
 before whom 
 Hworo. 
 
 Addreu of ap- 
 pliuaia to 'oe 
 reKiitered. 
 
 ExIatinK regia. 
 tr.itioiig 0011- 
 tiiiuad. 
 
 Notices how 
 lerved. 
 
 100. Any affidavit re.piired under any provision of this 
 ?r iTnn/"';^ '' •^•'■" '"'■'^'•'^ ''^" Connnissioner, Depu U 
 
 require, to be taken upon ruy investiiration may be 
 
 ADDRESS— HEaiSTRATION OF. 
 
 lOl.-(l) Every applicant for license or lease and 
 every lien-hoder. shall furnish in writing his address to 
 
 pr:pt?;"b,;or"'"' "'" ''"' ''^'^''^ -^^ ^^^^^^^ ^ 
 
 _ (2.) Every address registere.I at the time of the comincr 
 int., force of (his Chapter or under this Chnp^er hall con^ 
 tmue to be the address of the licensee or iLee wh Tu '- 
 n.shed the sau.e until he furnishes the Cou.missione w"th 
 notice ,n wntmg of ch.nge of address, wh-n 'e n 'w 
 
 SBRVICE or NOTICES. 
 
 102.-n.) When in this Chapter the Commissioner 
 
 hcensee. lessee, own-r, or any other pers .n is rSr "l to 
 
 serve notice on any person, it shall b.^ sufficient ilirvi 1 '- 
 
 to 'J^'Y'^r the notice to such person per. ,n,.iiv • or 
 
 to the'l'l 1 ' "'If ^*\P'^^ta,e prepaid, and registered.' 
 to the address of such person ; or » ^. 
 
 (c) If the person cannot be found, and there is no 
 registered address, to l.ave the notice at his la"? 
 place of abode w.tldn the province and to post up 
 
 further TfTl '^" f'' ''I '''' Commissioner; and 
 turther, if the notice relates to real proper y or 
 a-eas. 0. any tract of ground, to post up tife notice 
 
 «S 
 
MINES AND MINERALS. 
 
 23 
 
 on the premises atfbct»!d, or it' such premises are 
 covered with water, on the land as noar as con- 
 vfMiicntly may l>o to ^uch prHiiiise.s. 
 (2) Where hy reason of the number of persons to be ""hrti'utwj itr- 
 served, or the uiHabuity or any ot tlie persons to be served cawg. 
 on account of infancy, coverture or unsoundr.oss of mind, 
 or where for any reason prompt service cannot be ettected 
 un(h'r the prycediny; provisions of tiiis section, any jud^e of 
 the Supreme Court may on appliccition by petition of the 
 person (le.siriiiy to etiect service, appoint a j^uardian, direct 
 substituted or other service, or substitution for service of 
 notice by advertisement or otherwise, as seems just. 
 1892, c. 1. ss 122 (part), 125 ; 1897, c. 4, s. 5 part. 
 
 SUPS AND PLAN.S. 
 
 103 — (1.) The Commi.ssioner .shall cause to he prepared, Piwitobekept. 
 and shall keep in his offictt, plans of all sfold districts, with 
 the areas nu..d)ered thereon, and on which all areas applied 
 for shall be distinctly designated by numbers. Every 
 Deputy Conniiissioner shall obtain and keep a copy of the 
 plan or plans of the tlistrict to which his appointment 
 relates, on which all areas applied for in his district shall 
 be distinctly designated, and shall in his weekly returns 
 report the distinj^uishinjj; numbers of the areas applied for, 
 as indicated on such plan. 1892, c. 1, s. 16. 
 
 (2.) There sluill be kept in the office of the Commis- Andmapt. 
 sioner, maps of the iliHerent mininj;; districts in the 
 province, on which shall be delineated, as accurately as may 
 be, all the areas and tracts of <i;round under license or lea.se. 
 
 (3 ) Such maps and plans shall be open to the inspection 
 of the public. 1892, c. 1, s. 128. 
 
 REOI.STR.'^TION. 
 
 104. The Commissioner shall keep m u.-.e m the office se^ero'iMoke oi 
 
 „i iK,. i.' 1 1 !• • i reifistry may be 
 
 at the same tune as many books or re;i;istry as are necessary ''opt- 
 to enable him to rejfister without delay licen.ses, lease.s, 
 instruments and other documents required to be registered 
 under the provisions of this Chapter. 
 
 105. In the manner in the next following section "°^'' °' ■*»'»■ 
 
 piOVlded, — 868 and leage«. 
 
 (a) every prospecting license shall be registered in a 
 book devoted exclusively to registry of such licenses, 
 
 (b) every license to .search shall be registered in a 
 book devoted exclusively to registry of such licenses, 
 
 (c) every lease issued under the provisions of Part II 
 of this Chapter .shall be registered in a book devoted 
 exclusively to registry of such leases, and, 
 
24 
 
 MINES AND MINERALS. 
 
 Either require 
 mrnig as to 
 regristration. 
 
 Instruments to 
 be reKisterwl in 
 same bnt.i with 
 lease, eui. 
 
 Instrumenta 
 how registered. 
 
 Judgments. 
 
 Attachments. 
 
 InatrumeniB, 
 what particulars 
 of In lie renis- 
 tered. 
 
 Ill nf ^1 • n. '''"'^ r ^^'' *^^ provisions of Part 
 HI of thrs Chapter, shall be r.gist.Ted in a book 
 devoted exclusively to registry of such leases 
 lue. In respect to every such license or lease th« 
 
 exttucea by the Uonjinissionor ; 
 
 ^ 'L J^'f l'''''^ ""V'"-^ payment made by the lessee in 
 respect to any lease. 18!»2, c. 1 s 15 
 
 -;;.ed by .u^, i^ti,:^:tr;::,^;;.r^^rit !;?^eh! 
 
 f..r\^.^i::^riLt^ instrument shall be doomed to be lodged 
 affidavit ?h '"'"' "'r*'-"'"«"t. acc.unp.nied by an 
 
 affid.iv,t ot the due execution thereof, is /od^ed ii? the 
 
 lutls^d i„ the „ffic" ju.lf-.uent i» ent.re.J, « 
 
 ('') the date of the instrument 
 
 S It ''"'" S^ ''".'^''"^ *'"'• '•«f?'istration. 
 {d) the consideration expressed therein, and 
 
MINES AND MINERALa 
 
 U 
 
 1 I'y an 
 in the 
 
 I 
 
 (e) the mode hy which and the extent to which the 
 license or lease changed or affected is changed or 
 aft'ccted 
 ('..) Every judgment shall be sufficiently registered Judgmenu. 
 by ei;tering in the proper book or books, or in such as are 
 indicated by the judgment creditor, the following particu- 
 lars, that is to say: — 
 
 (a) the names of the plaintiff and defendant, 
 
 (b) the date of entry of the judgment, 
 
 (c) the date of lodging for registration, 
 
 (d) the amount for which the judgment was entered, 
 including costs. 
 
 (3) Every writ of attachment shall be sufficiently regis- Atuchmento. 
 tered by entering in the proper book or books, or in such 
 as are indicated by the plaintiff, the following particulars, 
 that is to say : — 
 
 (a) the names of the plaintiff and defendant, 
 
 (b) x,h.' date of issue of the writ, 
 
 (c) the date of lodging for registration, 
 
 (d) the amount indorsed on th>^ writ. 
 
 i 10. Every application for a license and every applica- Rejected »ppH. 
 tion fur a license which the Commissioner refuses to accept register^?*' '^ 
 shall, if the applicant so requests, be registered in a book 
 devoted exclusively to applications .so refused. 
 
 111. The book of registry shall be .so kept that every Books of reRia- 
 instrument, judgment and writ of attachment registered in keptl'"**^'^ 
 respect to any license or lease may be easily traced from 
 exandnation of the entry of the license or lea.se. 
 
 1 12. — (1 ) The Commissioner shall keep indexes to the '"''exes to be 
 books of rei>isiry, showing in alphabetical order according *'' ' 
 to the first letter of the surname, — 
 
 (ii) the name of every licensee and lessee, 
 
 (b) the name of every party to any instrument regis- 
 tered, 
 
 (c) the name of every judgment creditor and of every 
 judgment debtor named in the certificates of judg- 
 ments registered, and 
 
 00 the name of every plaintiff and defendant named 
 in every writ of attachment registered. 
 
 (2) Such indexes shall refer to the book of registry and I'heir contents, 
 to the puge in such hook in which every licen.se, lea.se, 
 instrument, judument or writ of attachment is registered. 
 
 113.— (1.) tlvery instrument, certificate of judgment o»te, etc , of 
 and copy of writ of attachment, Ifulged for registration shall hltX^^ 
 immediately on being so lodged Ite indorsed with the day, 
 hour anil minute at which the same was lodged, and every 
 such instrument, cerdficate and copy shall be kept on tile 
 in the office. 
 
26 
 
 MINES AND MINERALS. 
 
 Duplicate to be 
 (uriiidbed. 
 
 Only charKes 
 aKaiiigt lessee, 
 &c , to be rej^is' 
 tered. 
 
 Date of lodglni; 
 to be date of 
 rsjjfistration. 
 
 Certificate. 
 
 Unregistered in 
 Btruineiit, etc., 
 ineffective. 
 
 Registered jud); 
 ment to bind. 
 
 Registered 
 
 attachment to 
 bind. 
 
 (2.) The Commissioner or Deputy shall, on beino; .so 
 reqiiesterl, indorse on a duplicate or copy of any instrument, 
 certificate of judi^ment, or copy of writ of attaclinient, the 
 day, hour and minute at which the .same was so li)d<,'t!(l. 
 
 1 14. No instrument, certificate of judirm >nt, or writ of 
 attachment .shall be registered unless the same is executed 
 by or is a charge against a licensee or leasee. 
 
 115. When any instrument, certificate of judgn.ent, or 
 writ of attachment has been duly lodged in the office of the 
 Commissioner for rei-istration under the provisions of this 
 Chapter, the time when the same was so lodgeij shall be 
 deemed the date of the registry thereof, and all such instru- 
 ments, certificates of judgment and writs of attachment 
 shall be registered in the order in which they were .so 
 lodged, and the Commis.sioner shall certify under his hand 
 on every such instrument or document the titne when the 
 same wa.s so registered, together with the letter, number 
 or other distingni.shing mark or title of the book and 
 the page thereof in which such instrument, certificate of 
 judgment, or writ of attachment is rem.stered. 
 
 EFFECT OF REOISTRATIO.V. 
 
 116. Every instrument shall, as against any person 
 claiming for valuable consideration and without notice 
 under any .subseijuent instrument, judgment or writ of 
 attachment affecting the title to the "same license or lease, 
 be of no effect unless such instrument is registered in the 
 manner provided in this Chapter before the registering of 
 such subsequent instrument, judgment or wrir of attach- 
 ment. 
 
 1 17. Every judgment.of which a certificate is registered 
 under the provisions of this Chapter, shall from the'date of 
 such registry, bind and be a charge upon any license or 
 lease, or any interest or property therein, held by any person 
 again.st whom such judgment was recovered as effectually 
 and to the same extent as a rcgisttM-ed mortgage upon such 
 license or lea.se, or such interest or proi)erty"therein, )f the 
 .same amount as the amount of -such judgment, and every 
 instrument, judgment or writ of attachment .shall as 
 against any per-^n claiming under .such ju<Igment l)e of no 
 etiect unless such instrument, judgment or writ of attach- 
 ment is registered under the pDvisioris of this Chapter 
 before the registering of such certificate. 
 
 118. Every writ of attachm.-nt registered under the 
 provisions of this Chapt<T shall from the date of .such 
 registry bind and be a charge upon licenses and leases 
 in the same manner and to the .same extent as a registered 
 judgment, until final judgment has been recovered" in the 
 
MINES AND MINERALS. 
 
 27 
 
 action and for a period of thirty days thereafter, and such 
 judgment, if a certificate thereof is registered before the 
 expiration of such thirty days, shall Vte as effectual in every 
 respect as if such certiticate had lieen registered on the date 
 of the registry of such writ (jf attacliinent. 
 
 1 19. The registry of any instrument executed under a 
 power of attorney shall not he valid or effectual unless such 
 power of attorney, or a deed »iuhsequently confirming the 
 authority given tliereby, is registered under the provi- 
 sioU"* of this Chapter. 
 
 120. — (1.) Every Deputy Commissioner shall keep a 
 book of registry in which the particulars in respect to 
 licenses and leases required to be registered by the Com- 
 missioner shall be registered in respect to every license or 
 lease under Part II of this Chapter the aj)plication for 
 which is made to such Deputy Commissioner, and also the 
 name of the person paying the fee accompanying the 
 application for license or lea.se. 
 
 (2.) In the same book the Deput}' Commissioner shall 
 enter, — 
 
 (a) the name of every mill licensee in his district. 
 
 (b) the amount of royalty received from, each mill 
 licensee, 
 
 (c) the amount of royalty received from persons not 
 mill licensees, specifying the amount received from 
 each, and the names of persons paying, 
 
 (d) the distinguishing numbers of the areas or the 
 numbers of the leases covering the areas from which 
 the gold, or gold and silver, was obtained in respect to 
 which such royalty was paid. 18!)2, c. 1, s. 15, part. 
 
 121. Every Deputy Commissioner shall forward each 
 week to the office a true transcript of the entries made in 
 such book since the last transcript was forwarded, and 
 shall remit to the Commissioner all sums paid to him. 
 1892, c. I,s 1.5, part. 
 
 122. Any book of registry so kept by a Deputy Com- 
 missioner shall be opin at all reasonable times to the 
 inspection of any person desiring to inspect the sanie on 
 payment of a fee of twenty -five cents. 1892, c. 1, s. 15, 
 part. 
 
 RtTLKS AND KEOCLATIONS. 
 
 123.— (1.) TheGovernor-in-Council may make rules and 
 regulations in respect to the issue of licen.ses and leases 
 under which the lie. nsi es or lessees may prospect, search or 
 minn in or upon any art as or tract of ground for minerals 
 other than the mineral which a licensee or lessee may 
 prospect, search or mine for under a license or lease cover- 
 ing such areas or tract of ground in whole or in part. 
 
 Tower ol attor- 
 ney to be regis- 
 tered. 
 
 Regifi ration by 
 J^eput.v Com. 
 mistiioueni. 
 
 Trar«cript«tobe 
 forwarded to 
 Cominiii8ion(.'r, 
 
 Depuiy's bnoki 
 to he o|>en to 
 inapection. 
 
 Rule§ resrpeoting 
 i.'8ueof llccTiHes, 
 Ac , may he 
 made hy Gover- 
 nor-iD-Council. 
 
28 
 
 Wh»t rules m»y 
 oontaiD. 
 
 Not to be incon- 
 gistent with this 
 Chapter. 
 
 Forma. 
 
 Bondrfornvot, 
 
 Incorporated 
 company to file 
 chan«f , etc. 
 
 MINES AND MINERALS. 
 
 (2) Such rules and refrulations may prescribe,— 
 
 (a) the number of such licenses or leases which the 
 Uommissioner may issue, 
 
 (b) the number of areas or the extent of the tract of 
 ground to be covered by any such license or lease, 
 
 (c) the manner in which such areas or tract of ground 
 IS to be surveyed and laid out, 
 
 (d) the conditions and terms upon which the Com- 
 missioner may issue any such license or lease, 
 
 (e) the different minerals which may be included in 
 any one such license or lease, 
 
 (f) the returns to be ma.le to the Commissioner by 
 any such licensee or lessee. 
 
 (3.) Nothin.^ in any such rules and regulations shall be 
 inconsistent with any provision of this Chapter, or shall in 
 any way affect the license or lease covering any area or 
 tract ot ground hrst issued under this Chapter, ortho ri.rhts 
 ot any licensee or lessee under such license or lease. 1898 
 c. ^o, ss, 1, 2, 3. ' 
 
 OENERAL PEOVISION.S. 
 
 fj^\ Vu^ ,^?''"''\j" '•''^ schedule to this Chapter or 
 forms to the ike effect shall be sufficient in the cases 
 thereby respectively provided for, and when no forms are 
 prescribed the forms used shall be substantially the same 
 as those heretofore in use, subject, however, to such amend- 
 n.ents and alterations as the Commissioner may from time 
 to time direct. 1892, c. 1, s. 133. ^ 
 
 125. When in this Chapter a bond is required it shall 
 
 K ?r"l u ^'J ^''^''^" ^'"' Q"*^^" ^^'itii two sureties and 
 shall not be sufficient unless approved by the Commissioner 
 
 126.-(1.) Every incorporated company shall, before 
 cmumencing work un.ler any license or lease, file in the 
 otticeot the Commissioner a copy, certiHed by the secretary 
 pi such company, of its charter or Act of incorporation and 
 Its bj-laws or regulations, together with a list of its 
 officers, an.l a notice signed by such secretary, shall be given 
 to the Commissioner of all changes in such c!-arter Act 
 by-laws, an.l regulations, and of all changes of officers' 
 Until such notice is given no n.'w by-laws or re.rulaticms 
 sha I have effect, and no new official shall be r^i^^Z! 
 by the Commissioner as an official of any such company. 
 
 shifl^be^HSTP'"^' ^"u'"^ ^" '"'"'^'•^ ^'t'> ^''i^ «^«'^i«n 
 shall be liable to a penalty not e.xceedinir one hundred 
 
 dollars for every week it is in default. 1892 c 1 s 142 
 
MINES AND MINERALS. 
 
 t9 
 
 LICKNSED MILUS. 
 
 127- — (1.) The Commissioner may issue mill licenses in 
 the form N in the schedule, which shall be subject to the 
 provisions of this Chapter. 
 
 (2.) Every such license ehall authorize the person to 
 whom it is issued to use and employ conformably with the 
 provisions of this Chapter, the mill and machinery specified 
 in such license on the premises named in such license, for 
 the purposes of crushin*,', stamping, reducing, amalgamating 
 and concentrating quartz and other gold-bearing material, 
 and obtaining gold therefrom. 
 
 (3.) Every person who uses or employs any mill or 
 machinery cjther than a mill or machinery worked by hand 
 for any such purpose without first having obtained a mill 
 license, shall bo liable to a penalty of four hundred dollars, 
 and in default of payment to imprisonment for a period not 
 exceeding one year. 
 
 (4<.) Every person who is employed or engaged by any 
 mill owner or other person to work upon or in connection 
 with an}' such mill or machinery in respect to which no 
 license is held by such owner or other person, and every 
 person who in any way aids, assists or abets in crushing, 
 stamping, reducing, amalgamating or concentrating any 
 quartz or other such material, otherwise than at a licensed 
 mid, shall be liable to a penalty of four hundred dollars, 
 and in default of payment to imprisonment for a pe: iod not 
 exceeding one year. 18U2, c. 1, ss. 46, 53. 
 
 128. Before any such license is granted, the person 
 applying therefor shall enter into a bond in the penalty of 
 two thousand dollars, conditioned to comply with the 
 requirements of this Chapter in respect to licensed mill 
 owners. Such bond may be the form O in the schedule, 
 or to like effect. 1892, c. 1, s. 47. 
 
 129. — (1.) Every mill licensee shall keep on the 
 premises named in the license to him a book or books of 
 account, supplie<l by the Commissioner, which shall at all 
 times be open to the inspection and examination of the 
 Commissioner or the Deputy, or the Inspector, or any 
 other person thereto authorized by the Commissioner, 
 in which bcok or books shall be entered a clear and distinct 
 statement of all quartz or other material crushed, stamped, 
 reduceil, amiilgamatod or concentrated at such licensed mill, 
 and the following particulars in respect to the same : — 
 
 (a) the name of the owner or owners of each distinct 
 parcel or jot of quartz or other material crushed, 
 stamped, reduced, amalgamated or concentrated, 
 
 (b) the weight of each parcel or lot. 
 
 Mill licenwi. 
 
 What they auth- 
 orlxe. 
 
 Penalty'for rain- 
 ing without 
 license. 
 
 Penalty upon 
 agnistants, eto., 
 of unlicensed 
 mill owner. 
 
 Rond from 
 licensees. 
 
 Books to he kept 
 by licensee. 
 
r 
 
 30 
 
 Returns by mill 
 owners. 
 
 Return when no 
 crushing done. 
 
 Penalty. 
 
 MIXES AND MINERALS. 
 
 (c) the date of the crushinjr, stamping;, reducing, 
 aiiialj^ainating or conceiitratiiitr of the same, 
 
 (d) the actual yield in vvciglit of gold, or gold and 
 silver, froni each parcel or lot, 
 
 (e) the r(jy«lty thereon, calcuhitfd at two percent, 
 (/) the property Iroui which each such parcel or'lot 
 
 was taken, and the number of the lease or descrip- 
 tion of the license covering such property. 
 (2 ) Every licensed mill owner who fails to keep such 
 book or books of account shall forfeit his license. 1892 c 
 1, s. 48. 
 
 ^u ^?P ~^^\ ^^^'"'^ '"'" ''<^''"^^P ^'i'*" filt? in the office of 
 the Deputy Coniunssicmer for the district on the first dav of 
 every mrmth, or if there is no deputy commissioner for'the 
 district, then in the office of the Coiumissioner on or before 
 the tenth day of every month, a return in the form P in the 
 schedule to this Chapter, being a copy of the entries in such 
 book or books of account for the last preceding month as 
 prescribed by the next preceding sectitm of this Chapter 
 which return shall be veriHed by the affidavit of the person 
 principally employed in keeping such account. 
 
 (2 ) Every mill licensee who fails to nmke such retnrn 
 or to verify the same in the manner aforesaid shall be liable 
 to a penalty not exceeding titty dollars, and in default of 
 payment to imprisonin.iit for a term not exceedincr two 
 months, and shall be liable to have the license he'Fd bv 
 him cancelled. 1«92, c. 1, s. .51 ; 1897, c. 4, a 6. 
 
 131.— (1.) If during any month no quartz or other 
 material is crushed, stamped, reduee.l, amalgamated or 
 concentrated on such premises, the licensee sliall make a 
 return to that effect, which return shall be verified by the 
 affidavit of the owner or of the person in charge of the 
 premises. 
 
 (2) Every such licensee who fails to make such return 
 or to verify the same in the manner aforesaid, shall be 
 liable to a penalty not exceeding fifty dollars, an<l in default 
 ot payment to niipriMmment tor a period not excee.lin-r 
 three months, and shall be liable to have the licm.se held 
 by hini cancelled. 1892, c. 1, s. 52 ; 1897, c. 4, s. 6. 
 
 132. Every such iicensee and every person who — 
 
 (a) makes any false or fraudulent entry in any book 
 ot account which such licensee is required by this 
 Chapter to keep, or 
 
 (b) irnk.-s any false or fraudulent statement in any 
 athdavit, account or return so required, or 
 
 (c) files any such return or affidavit co'ntainin<r any 
 false or fraudulent statement, ° 
 
 shall be liable to a penalty not exceeding two thousand 
 
 V 
 
i 
 
 MINES AND MINERALS. 
 
 31 
 
 any 
 
 dollars, and in default of payment to imprisonment for a 
 period not exceeding two years, and the license of such 
 licensf>c shall be cancelled. 1892, c. 1, s. 54. 
 
 133. If a mill licensee is not the owner of the mill 
 licensed the owner thereof may apply to the Commissioner 
 to have the license held by such licensee revoked ; and upon 
 proof that the licensee has received fourteen days' notice of 
 such application, and that the applicant is the lej^jal owner 
 of the mill licensed, such licen.se may bo revoked. 1892, c. 
 
 1, S. .T.5. 
 
 134. The Commissioner mny enquire into any alleged 
 violHtion of any provision of this Chapter with respect to 
 mill licenses, and if in his judgment such violation has teen 
 committed may revoke the license. 1892, c. 1, s. 56. 
 
 135. Every mill licensee who has complied with the pro- 
 visions of this Chapter shall receive from the Commissioner 
 at the expiration of every three months a sum equal to five 
 per cent, upon the amount paid by him as royalty during 
 such period. 1892, c 1, s. 57. 
 
 136. — (1) A udll licensee may at any time surrender the 
 license held by him by delivering the same to the Commis- 
 sioner with a written surrender indorsed thereon. 
 
 (2) No such .surrender shall take etiect till after the 
 lap.se of ten days from the delivery to the Commissioner of 
 a notice in writing of the intention of such licen.see to sur- 
 render the san)e. 
 
 (8) Upon such surrender being made such mill shall 
 cease to be a licensed ndll until again licensed under the 
 provisions of this Chapter. 
 
 (4) The death of a licensee shall terminate the license, 
 except that his executors or administrators shall be bound 
 to close up the outstanding business of the licensee with the 
 Commissioner. 
 
 (5) The Commissioner niaj' jyant a license to any other 
 applicant after such death. 1892, c. 1, .s>. 58, 59. 
 
 137- Everj' mill licensee so surrendering his license, and 
 his suieties, shall remain liable under their bond for all obli- 
 gations accruiti<; thereunder up to the time at which the sur- 
 render takes ettect, but shall not be liable for obligations 
 accruing thereafter. 1892.. c. 1, s. 60. 
 
 I'AYMENT OF ROYALTY. 
 
 138. Subject to the provisions of the next following 
 section, everv lict-nsee and every lessee shall be liable to 
 pay and shall pay to the Commissioner the royalty pro- 
 vided by this Cha[)teron the gold and silver obtaine<l from 
 the areas held by him under liL.nse or lease. 1892, c. 1, 
 a. 62, part. 
 
 Where licermee 
 of mill is not alio 
 owner. 
 
 InvestiiratioD ai 
 to mill license. 
 
 Return of 
 Royalty. 
 
 Surrender by 
 mill licensee. 
 
 When same to 
 take effect. 
 
 Effect of sur- 
 render. 
 
 Death of licen- 
 see. 
 
 Uability of 
 lii-ensee to con- 
 tinue after 
 surrender. 
 
 Royalty, liabi- 
 lily of lessee, etc. 
 to pay. 
 
32 
 
 MINES AND MINERALS. 
 
 f 
 
 Liabilit}- of mill 
 licenMe. 
 
 Biyalty, when 
 payable. 
 
 Aiiount of 
 
 royalty. 
 
 Penalty for fail 
 ur« to pay. 
 
 Revocation of 
 mill liocaae. 
 
 Royalty may be 
 sued for. 
 
 Refund toowner 
 of free mine. 
 
 Refund of roy- 
 ally .on copper. 
 
 139. If a licensee or le.ssec delivers quartz or other 
 material to a mill licensee to be crushed, stumped, reduced, 
 ainatgdiimtud or concentrated, the iiiiii licensee shall become 
 liable to pay and shall pay to the Coiniiiissioner the royalty 
 on jjold or silver obtained from such (juartz or material, 
 and the licensee or lessee so delivering such quartz or 
 material shall be exempt from liability in respect to such 
 royalty. 18!J2, c. 1, s. G2, part. 
 
 140. Every licensee and every lessee shall on the t nth 
 days of January, April, July and October in every year, 
 pay to the Commissioner all royalty ilue by such licen.see 
 or lessee on such dates. 1892, c. 1, .s. 64, part. 
 
 141 — (1.) Every mill licensee shall pay in weekly or 
 other payments as the Commissioner orders to the Com- 
 missioner a royalty of two per cent, on the gross amount 
 of gold obtained by such licensee from quartz or material 
 crushed, stamped, reduced, amalgamated or concentrated on 
 the premises named in the license, at the rate of nineteen 
 dollars an ounce troy for smelted gold, and eighteen dollars 
 an oiince troy for unsmeited gold, and of two per cent, on 
 the silver, at the rate of one dollar per ounce troy. 
 
 (2.) Every licensee who fails to mike such payment 
 shall be liable to a penalty not exceeding fil'ty dollars, and 
 in default of payment to imprisonment for a peiiod not 
 exceeding three month.s. 
 
 (3.) If any such licensee fails to pay such royalty in the 
 mode and at the time prescribed by ami in accordance with 
 this Chapter, his license shall be revoked by the Commis- 
 sioner. 1892, c. 1, s. 49. 
 
 ^ 142. The Commissioner may by action in the Supreme 
 Court recover from any person any sum due bv him for 
 royalty. 
 
 143. When any parcel of quartz or other gold or crold 
 and silver- bearing materiKl from a free mine has been 
 crushed, stamped, reduced, amalgamated or concentrated at 
 a licensed mill, the owner of the quartz or other gold or .r„Ul 
 and silver-bearing material, on proof of the facts to%he 
 satisfaction of the Commi.ssii, ler, shall be entitled to receive 
 from the Commissioner the auKjunt pai'l by the mill licensee 
 as royalty under the provisions of this Chapter. 1892 c. 1 
 s. 63. » • » 
 
 REFUND OF ROYALTY ON COPPER. 
 
 144. The Governor-in-C juncil is hereby authorized and 
 empowered to remit or refund part or all of the royalty 
 now chargeable on copper or copper ore. The remis>ion or 
 refund of such royalty shall be by order-in-council, and 
 upon such terms and conditions as the Governor-iu-Couucii 
 
 ik 
 
MINES AND MINERALS 
 
 88 
 
 sees fit to impose. No such remission or refund shall be 
 for a longer period than ten years. 1900, c. 8, s. .'}. 
 
 BORING UAOHINEfl. 
 
 145 — (I.) The Commissioner sliall have power, when "Boring 
 authorized by tlie Governor-^i-tVjuncil, to purchase one or Commi8Vi'on.r 
 more machnics known as" boriri^r uiacliines," to be used for '""y p"'"''*... 
 the purposes of explorinj,' for or for testing mineral deposits 
 in tliis province. 
 
 (2.) Tlie Governor-in- Council shall have power to make 
 such regulations atni conditions as are deemed advisable for 
 carrying out to the best advantage tlie objects of this 
 section, and to alter or revoke the same. 1900, c. 8, ss. 1, 2. 
 
 PART II. 
 
 OF GOLD AND GOLD A\D SILVER MIN'E.S. 
 
 INTKKI'KKTATION. 
 
 146. In this hirt of this Chapter, unless the context 
 otherwise re(|uires, the expression " license " means pros- 
 pecting license. 
 
 PROCLAMATION OK OOM) DLSTRFCT. 
 
 147. The Governor-in-Council, on being satisfied of the 
 discovery of gold, or gold and silver, in any locality, may 
 by proclamation in the Roijdl Guzettc, declare such locality 
 to be a gold district, and assign limits and boundaries to 
 such district, and from time to time alter the same, and 
 may at any time, by proclamation, declare that any locality 
 previously pioclaimed a gold district has ceased to be a gold 
 district. 1892, e. 1,8. 9. 
 
 MINES— now l,AII) OFF. 
 
 148. All mines of gold or of gold and silver, shall be 
 laid oft" in areas of two Imndred and fifty feet in length, 
 magnetic meridian, north and south, and one hundred and 
 fifty feet east and west. 18i)2, c. I, s, 10 ; 1893, c H, s. 1. 
 
 149. Areas wiiicli. before the 2Sth day of April, A. D., 
 1893, wore laid out in tlu; maimer in force at the time of 
 laying out, sliall not be afiected by the provisions of the 
 next preceding section. If any such area reverts to the 
 Crown, and is applied for, or if any area applied for is 
 liound(>d by any such area, or is so situated that the courses 
 or boundaries thereof run upon any such area, the Commis- 
 sioner may direct the areas .-ipplied for to be laid out in such 
 manner as he deems advisable. 1892, c. 1, s. 11/; l&9'i, c. 3, 
 8. 2. 
 
 " License," 
 interpreted. 
 
 Oold distriut, 
 proolamation of. 
 
 Laying off of 
 gold mines. 
 
 Area laid off 
 before 28tli 
 /:'ril, 1S93, not 
 affected. 
 
34 
 
 MINES AND MINERALS. 
 
 ArcM, how laid 
 off. 
 
 Whole o< 
 lii-ensed terri- 
 tory to he laid 
 off. 
 
 Deputy Commlg- 
 aioners dialrlut. 
 
 Application, re- 
 quireiiieiita of. 
 
 \'Rcant 
 territory. 
 
 License limited 
 to one hundred 
 areas. 
 
 Staking off terri- 
 tory. 
 
 Bond tohexiven 
 by licensee. 
 
 150. Area.s slmll ho laiil out as far aH pos,sibIo nnifoi inly 
 and in iectaiii.fular >lia|)<'.s. Sui iuc*' infa.surfiiiciitfs ol' ait-aH 
 Bhall be horizontal, ami caoh area shall lu! honn(l('<l by ver- 
 tical planes |)a,s.siiijr throujjh the horizontal .surface lines. 
 18})2, c. l,s. 12. 
 
 151. The whole territory of the areas included in a 
 licenHo shall be laid ort in rectaiiiriilar tii^iires, and shall not 
 in leiifjth exceed double its breadth. 1892, c. 1, h. '.)7, part. 
 
 AI'I'I.ICATIONS FOR I,I('KN.><K OK I.KASK. 
 
 152. If the areas applied for are situate within a dis- 
 trict for which a Deputy (Joiiiniissioiicr has been appointed 
 the application for license or lea,se of such areas shall be 
 made to such Deputy Coinini,s,sioner. 1H!>2, c. 1, a. 17; 
 ]8i).S, c. H,H. 8. 
 
 153 — (1) Kvery application for license or lease shall 
 specify the areas appli',Ml foi-, and shall be for not le.ss than 
 si.x adjoiniiitj areas, e.vcept as in the next following section 
 provi<led. 
 
 (2) Every application for a license .shall be accompanied 
 by the pajinent at the rate of fifty cents per area. 
 
 {'A) Every application for a lease shall be accompanied 
 by a jiayinent at the rate of two dollars per area. 1892, 
 c. 1, ss. 18, :<!• : 1898, c. 27, s. 1. 
 
 154. If there is vacant territory of less extent than six 
 areas, bounded on all sides by areas under license or lease, 
 or applied for, the Coniiiiissioncr may receive an application 
 ,Jor such territory. 1898, c. 27, s. 1, ])art. 
 
 155. No Hcen,s(> not an alluvial licen.se .shall include 
 more than one hniidicd areas. 1892, c. 1, s. 'A7, part. 
 
 156- Every jieison who stakes oH" land not le.ss in 
 extent than .six areas and not greater than one hundred 
 areas, upon which he ha^ discovered gold or silv(M-, shall be 
 entitled to a license or lease of the areas included within 
 such land in preference to any person who after such 
 staking off makes application for liceii.se or lease of such 
 areas, or any of them. Provi.led that tlie person who has 
 discovered gold or .silver makes application for license or 
 lease of the same within one week after staking off" and 
 twenty-four hours ad<litional time for every fifteen miles 
 such land is distant from the office by the usual route of 
 travel. 1892, c. I,s. 85. 
 
 157. — (1.) Bef(v,-(> a prosp(>cting or alluvial licen.se is 
 issued the applicant shall enter into a bond conditioned to 
 compensate the owner of the land, in the event of entry or 
 search being made on private land, for damage done to his 
 land, to make the returns at the expiration of the licen.se, 
 and to pay the royalties required by this Chapter. 1892, 
 c.l.s. 40. 
 
MINES AND MINERALS. 
 
 85 
 
 iinifoimly 
 H ol' a leas 
 ■(I by ver- 
 'uce lines. 
 
 ii(h'(l in a 
 
 sliall not 
 
 . M7, part 
 
 liin a (Hh- 
 
 ippointed 
 
 s hIwiII be 
 
 1, a. 17; 
 
 case .shall 
 
 le.ss than 
 
 \g section 
 
 oiiipanied 
 ii. 
 
 DUjpanieil 
 a. 1892, 
 
 :, than six 
 3 or lease, 
 iplieation 
 
 1 include 
 art. 
 
 t less in 
 hundred 
 r, shall he 
 ed within 
 Iter such 
 e of such 
 I who has 
 license or 
 ij otf" and 
 een miles 
 I route of 
 
 licen.se is 
 tioned to 
 t entry or 
 )ne to his 
 le licen.se, 
 sr. 1892, 
 
 (2.) Such bond may be in the form Q in the .schedule, 
 or to tlie lik(! ert'ect. 
 
 158. A prospecting license shall be in force for the 
 period of twelvct months from the date of the application 
 therefor. 1H92, c. l.s. ;W. 
 
 159. Within the period for which the licen.se is in 
 force the licensee may, subject to the provisions of this 
 (chapter, select any areas comprised thertMii, and shall be 
 entitled to a lease of the areas .selected. 1892, c. 1, s. 43. 
 
 160. The ('()iiin)issii)ner may upon application, {(rant an 
 alluvial license ovcjr a teriitory comprisinj,' tive hundred 
 areas, which territory ujay be jrieater in length than twice 
 the width thereof, but shall not be less than .seven hundred 
 and fifty feet in width. 1898, c. 2H. ss. 1, 8, part. 
 
 161. The ap{)lieation for alluvial license shall de.scribe 
 the territory applied for with reasonable certainty, and not 
 cover any territory at the time of the application under 
 licen.se or lease. 1 898, c. 2(5 s. 2. 
 
 162. Siieli ai)plication shall bi- accomyianied by a fee at 
 the late of ten cents per area. 1898, c. 2(i, s. 3. 
 
 163. No such application shall be received between 
 December ist of any year and March 3lat of the following 
 year. 1898, c. 2(5, s. 4. 
 
 164 An alluvial license shall be in foro& for a period of 
 three months only, between ]\birch 31st and December Ist, 
 of any one year, and while it is in force and for fourteen 
 days thereafter no ap|)lieation shall be received for license 
 or lease of the tenitoiy covered by such alluvial license or 
 any part thereof, e.xeept as in the next following section 
 provided. 1898, c. 2G, s,s. 4, 9. 
 
 165^ — (1.) If the holder of an alluvial licen.se expends 
 in digging, removing, and otherwi.se testing and working 
 the areas covered by the alluvial license a sum not less than 
 forty eents for every aica contained in such license, and 
 makes return of the gold extracted or obtained by him, and 
 pays all royalty due, he shall, on application made during 
 the time such alluvial licen.se is in force, be entitled to a 
 prospecting license coveiinif the jrritory held by him under 
 alluvial license. 1898, c. 26, s. ■, 8, 11. 
 
 (2.) Such application for prospecting license shall be 
 accompanied by a fee of two hundred and Hfty dollars. 
 1898, c. 2(), .s. 8. 
 
 166. The books of accounts, pay rolls and other docu- 
 ments of such alluvial licen.see in respect to the expenditure 
 mentioned in the next preceding .section, shall be open to 
 the inspection and examination of the Inspector, or such 
 person as he appoints. The Inspector and such person 
 shall have access at all times to the operations conducted 
 by such licensee. 1898, c. 26, s. 6. 
 
 Form. 
 
 Term of lilcenw. 
 
 I.iupnaeeentitled 
 to wiect (or 
 leaie. 
 
 All\ivial llcenie. 
 
 Applioation for 
 name. 
 
 Pee on applioa- 
 lion. 
 
 Application not 
 receivable after 
 certain date. 
 
 Mcense to be for 
 three months 
 only. 
 
 Alluvial licenBee 
 entitled to proa- 
 (Kctin); lluenge 
 on certain terms. 
 
 Fee on applioa- 
 tion. 
 
 Books, etc., of 
 alluvial licensee 
 subject to in- 
 spection. 
 
86 
 
 Ttrmi And oon- 
 
 MINES AND MINERALS. 
 
 Ttrmi And oon- 1 an mi 
 
 gmntiHi toBiiu- "" 'i"">"ii iic'iisf iiriik'r (lii.s (,; lai.tcr s hull l><. in f,...,. r 
 
 If no application 1 fifl If i- . V *"• -". "• " 
 
 b> alluvial li.en ,/.,,." "" "PpllCat l(>ll is limdu bv tile liolflor „f 
 Me. Kround to aJlllVDll ifcilSc for (I t)rnm.....t i..„ II, 1 """'Pr of nn 
 
 - ^'^'"' alluvial lic..,.so s i . ' , 'f ^ ""' '''""'^' ^''" ^ •"<' "»ch 
 
 «.vo..,,,,,..,,,M,c:;;l;:;,;ri';;rt';;;;;s 
 
 Statement, etc, 
 to be open lo in- 
 ■pection. 
 
 Uaw, fonnof. 170 k... 1 i ,. ' ■ ' '' P'H t. 
 
 contain all tho ^^ynuuX^^^^''^:^^'^^^^^^^ 
 provisions an.l ^^J^r^ZZ:^^:;:::;, -y-'-ts. 
 such form ; an.l shall 1,.. suhi,.,, n ' T^''^^'} '" "'" ''>' 
 of Lhn lan.l In. 1.., ! ir' '' '^ '" ^ '." '^^''^^ ^>t^ the owners 
 
 Term of leaae. 
 
 of the lan.l, Ins hnrs an-l assi^rns. \^iyr,, , ''' q' 
 
 171. Ev;c.ry such lea.so shall be for' the 'tV 
 years. 18D2, c. I, s. 29 
 
 »i of forty 
 
 MfRVKVB. 
 
 Survey* may he 172 Siirvni'u ^f *1 1 1 
 
 r:^^-'- under leairi^ .;l, ;;J'V;;^n'^'--« '^^ --oas hold 
 as Draetmn . «» nr.f f,. fi,„ 1 ,. " . .■>'^' ^wnW as tar 
 
 Duties of gur- 
 veyor. 
 
 a,^p™«^e,..,e notify t,,ei„=<,:,,(;;;:;::^';.*; 
 
 as. 
 
 ar 
 181)2. 
 
 to '21. T^ ;;i'';r,;;\:.i'; r^^-^-f^-^ p'-ed 
 
 aiKl mark ,.,„.|, .JL , T" '"' > "" I'°»'l*-. »■"! .Inline 
 
 Lewee not pre- 
 •ent at siiney 
 may state objec. 
 tione. 
 
 tion provided. 18!»2, c. 1 s j;{ (a) 
 
 i.s 
 id 
 
 IHs a^ent at the time apn inte v > ''' " "^' """'^'''^ O' 
 dissatisfied with the c ' ,/l^ /^ Tl'"^-''^ ' ^'^ '^ »'« ^-^ 
 
 has taken o.^.etion at the U^ " ^^ ^ ' y ^r;^^'"' T^ 
 of such corners, he may state his obi:eU;;ri:^ti';;r;'^o" 
 
MINES AND MINERALS. 
 
 •IT 
 
 HI 
 
 the Con.missioner within two months frou, the date of the 
 Nurv.'v. I8!)2, c. 1, h IM (h). 
 
 175. Th.^ C'(,ninii,s,sii)n<'r, on reel pt of the objectiona s^^-ond .»rv«y. 
 accinpanitd by a sun. of money ,.,,n„l to.louhlo the cost of XchKrid. 
 the hrst survey may orcler ,i s.-con.) su> v.y, which shall in 
 
 a! cases he h..|, to he vaU.l ami hindinfr on all parties 
 interested^ If the hrst survey is fo,„Hl f. he correct, the 
 expense of the secn,,| survey shall he ,,aid out of such sun. 
 and the Imlanee sha I h. p.ii.l „, the party ohjeetir.sr ; if the 
 tu-st survey is lound t<. he incorrect, the exp..,.se shall he 
 pai.l hy the v'|innnss,„ner, and th.-suniof ,n..ney deposited 
 hy the party ohjfctin^r.eluMdcd to him. 1892 c 1 s lM(c) 
 
 176. Every surveyor shall a.in.inister .iaths to the cth. of chain- 
 chainmen and otherH empl(.y..<l hy him to assist in makintr "'•"••'"• 
 the survey, hindm;; tli.n. to the due and faithful perform- 
 ance ot the .lut.es they may he called .,p<a. topevfor.n. 
 
 ll.e oath ". o..., H .n the schedule to this Chapter may 
 be used. 18ii2, c. 1, s. l.'J (d). ' 
 
 llASK LINE OP AHKAN. 
 
 177. Any licensee or less...' in a pioclaimed rli.sU ict, and B.se line, how 
 any l.censee or lessee i.i an unproelaimed dist.-ict in which •"*''""*'•^• 
 at least one hund.ed co..ti<,nio..s areas have been annlied 
 
 to.-, may 1.1 wnun^r nM|Ue,st the Com, n.issi„ner to establish 
 a base l.ne. The ('ommi.ssio.u.r .shall within th.'ee ...o.iths 
 after such reiiue.st ca.ise to be .stal.lished a ba.se line not 
 less tha.i tour hund.vd an.I tiflv IVet in len.'th a.id which 
 shall be .u.i east and west Surl, line shall be .narked at 
 Its terminis by substantial, pe.ma.ie.it and acces,sible 
 monuments, upo.i which p.op.r inscripticms desi.rnatine 
 their pu.pose shall hi" .nade. I<'''.!)2, c. 1 , .s. 14. ^ 
 
 178. All|ueasinsuchdi.strictsi,allbe'lai<i(.trfrom this Area loheWd 
 f)ase line hy l.nes parallel t- the .same or at .-ight an.des to °« "^ ''«« ""•• 
 It, or its eou.'se piolonired. lrt!>2, c. 1, .s. 14. " 
 
 179. Every person who removes,' alteis, obliterates, or Penalty for «• 
 (lelaces any .such moi.u.n,.nt or any in.serii.tio.i the.-eon .'"onuienf' 
 shall be i.able to a pe.ialty of not less than one hund.-ed 
 
 dollars, and not exceeding tive hundreil dollars, for each 
 otience. 1892, c. I, s. 14 
 
 BAKKIERS. 
 
 180.— (1) No les.see .shall mine within ten feet of the Rarriertob. 
 boundary l.ne of tei-ritovy held hy him nnder l.-ase, hut he '*" 
 shall leave a bariier of uiiwiMU;,dit strata of at lea.st ten 
 feet in thickness hetween his worki.i<,rs and his Koundaj-y 
 and no openinj; shall be ma<lf in this hariirr wi.liout the 
 con.sent i.i writin^r oi the le.s.see <d' the adjoining land or 
 areas, and any person injured by any unlawful opening of 
 
38 
 
 MINES AND MINERALS. 
 
 Penalty for 
 failure. 
 
 Right to remove 
 barrier In oertain 
 eases. 
 
 Rent., payment 
 of. 
 
 Refund of rent. 
 
 Annual labour 
 required. 
 
 Year, how cooi- 
 puted. 
 
 Partial exemp- 
 tion in certain 
 cases. 
 
 such barrier shnll have nn action a«;ainst the offender for 
 all damages incurred by or coii.seijuent upon KU;'h unlawful 
 opening. 
 
 (2.) Every lessee, who, without such consent, by himself, 
 hia servants or agents mines within ten feet of such' 
 boundary, or fails to leave such barrier, or makes an open- 
 ing therein, .shall be liable to a penalty of Hfty dollars, and 
 in default of payment to imprisonment for a period not 
 exceeding three months. 
 
 (3.) 'IMie Commis-sioner may, after examination of any 
 barrier by the Inspector and report thereon by him, if it 
 appears to the Commis.sioncr from such report to be proper 
 grant to any lessee the right to mine the barrier upon such 
 terms as seem to the CommiHsioner proper. 1892, c. l,s. 86. 
 
 1'ay.>ii;nt of kknt. 
 
 181. Every lessee shall for every year after the date of 
 the lease, except the first year, pay in advance to the Com- 
 missioner an annual rent of hfty cents for every area con- 
 tained in the lease. 1898, c. 2, s. 2. 
 
 .u ^??" ^'^^'"^ during any year the lessee has performed 
 the labour reciuired by this Chapter, and haw made return 
 thereof to the (\jmmissioner, he shall be entitled upon 
 application to a refund of the rent paid in advance for that 
 year. 1892, c. 1, s. 18, (b). 
 
 ANM-AL I.AllOUR KK<,)riIlEn UK CKKTAl.N I.ESSKES. 
 
 183.— (1.) There shall be performed each year on the 
 areas covered by every lease dated before the 17th day of 
 April A.I). 18>9, and on the areas covered by every lease 
 issued since such date in respect to which the lessee claims 
 a refund of rent by reason of labour performed, a number 
 of (lays labour e(iuivalent to the labour of one man for forty 
 days tor every such area. "^ 
 
 (2 ) The year for (his purpose shall be computed from 
 the hrst day ot January, April, .luly or October, whichever 
 of such days hrst ensues aft.r the date of the lease unle.ss 
 the lease IS dated on one of su<-h days, in which ca,se the 
 year shall be computed from such day. 
 
 (3.) Any lessee who holds ten or more, but less than 
 twenty areas in any -listrict, shall n<.t be recjuired during 
 the hrst year from the date of the leas, to perform morf 
 than three-Iourths of such number of days' laljour per area 
 Any les.see who holds twenty or more, but less than Lhirtv 
 areas in one district, shall not be re.|uire.l to perform niofe 
 than one-half, aii.l any lessee wh.j holds thirty or more 
 areas shall not be r(.,|uired to perform more than one-fourth 
 such number of days' labour per area. 1892, c. 1, s. 32. 
 
MINES AND MINERALS. 
 
 39 
 
 184. — (1) If any lessee under a lease dated before the 
 17th day of April, A. 1). 18«9, who has not entered 
 into a rent a<j;reeiiient with the Couiiuissioner fails in any 
 one year to perform the number cif days' labour required by 
 the next preceding section in respect to the areas cov^ered 
 by such lease, the Commissioner may declare such lease 
 forfeited under the provisions of this Chapter, 
 
 (2) If such lessee has performed in such year on areas 
 covered by one lease, or on areas in one district, any number 
 of tiays' labour, he may, subject to the provisions of this 
 section, select from such areas the number of areas in 
 respect to which such number of days' labour would be suffi- 
 cient under the re(iuirements of the next preceding section. 
 
 (3) The areas selected shall, as far as possible, be in a 
 compact block, and not detached from each other, and no 
 area shall be divided in making surh selection. 
 
 (4) Notice in writing specifying the areas so selected 
 shall be given by the lessee to the Conunissioner within ten 
 days after the termination of such year. 
 
 (5) Tf such notice has been duly given such leasee shall, 
 upon filing th j duplicate lease oi' the duplicate leases of 
 areas so liable to forfeiture and surrendeiiiig all rights 
 thereunder, be entitled to a lease of the areas selected. 
 1892, c. 1, s. 33. 
 
 Lease granted 
 before 17th 
 April, 1889. may 
 be forfeited in 
 certain cases. 
 
 Lessee may 
 select areas in 
 respect to 
 labour. 
 
 Requirements as 
 to selection. 
 
 Notice to Com- 
 missioner, 
 
 Lessee entitled 
 toleiiseonjfiving 
 notice, etc. 
 
 KKTITRN.S 1!Y LESSEES. 
 
 185.— (1) Every lessee shall make to the office of the fees?wK**" 
 Commissioner or to the Deputy Commissioner of the contain, 
 district in wliich the areas covered by the lease held by him 
 lie, within ten days after the tiist days of Janufiry, April, 
 July and October in every year, true and correct returns, 
 on forms to be supplied by the Commissioner, of the 
 following particulars : 
 
 (a) The number of days' lal)our performed on such 
 areiis (hiring the pivciding (ju.'utcr, 
 
 (b) The number of tons of (juaitz or other gold- 
 bearing nifiterial iai.«i'ii frcm such areas during the 
 preceding ^ear, 
 
 (c) Tlie per.son or persons to whom the same has been 
 sold or disposed of, and the <lirterent lots or parcels 
 in which the same has been .sold or disposed of, with 
 dates of sale or disposal, 
 
 (d) The weight of all (luartz or other gold-bearing 
 material sent b}- him during the (|uarter to any 
 licensid mill, and the name and description of the 
 mill to wliich the same was sent, and when the same 
 was sent, and, if ([uaitz or material was kept in 
 distinct parcels, the weight of each separate parcel, 
 
40 
 
 MINES AND MINERALS. 
 
 T» be verified. 
 
 (e) The yield of each such .separate parcel returned 
 by the luill liceii.see, 
 
 (f) The total quantity of i^oid or .silvtT obtained 
 from the mine in any manner (lurin«T the quarter, 
 di.stinguiahing that rrHulting from the quartz or 
 other gold or .silver-hearing material crushed, 
 stamped, reduced, amalgamated or concentrated at 
 any licensed mill from the gold or silver otherwise 
 obtained. 
 
 (2) Every return shall be in the form S in the schedule, 
 and shall be verified by affidavit. I8y2, c. 1, s. 01. 
 
 PART III. 
 
 OF MINES OTHER THAN GOLD OR GOLD AND SILVER. 
 
 " Licensee," 
 interpreted. 
 
 INTERPKETATION. 
 
 186. In this Part of this Chapter, unless the context 
 otherwise requires, the expression "license" meaas license 
 to ."earch. 
 
 Application for 
 license, etc to 
 specify mineral. 
 
 Fee on applica- 
 tion for Itcense. 
 
 Fee on applicn- 
 tion for lease. 
 
 What license 
 may oo\ er. 
 
 What lease may 
 cover. 
 
 r.ICENsK OR 1 KASK. 
 
 187. Every application for license or lease shall state 
 the "nneral for which the right to search or mine is .sou.rht 
 and shall describe the tract of ground .sought to be covered 
 by such licen.se or lease. 
 
 188. Every application for a license, an.l every applica- 
 tion tor one of the licen.ses in this Chapter calfed .second 
 rights, shah be^ accompanied by a payment of thirty dollars. 
 lovz, c. 1, s. 92. 
 
 189. Every application f,,r ,i lease shall be accompanied 
 f>y a payment of fifty dollars. j«})2, c. 1, s. 104. part. 
 
 190. A._ hcen.se may cover any single tract of ground not 
 exceeding hve square miles, and not ....xceeding two and one 
 halt miKs in length. 18IJ2, c. 1, s. 94. 
 
 191- — (I) A lease may cover: — 
 (a) for the purpos,^ of mining coal or iron a tract of 
 ground not exceeding one .square mile and not ex- 
 ceeding two mihis in length ; 
 
 (6) for the purpo,se of mining' copper or lea.l a tract 
 otgroun.l not exceeding one half square mile and 
 not exceeding one mile in length ; 
 
 (c) for the purpose of mining tin oV precious .stones a 
 tract ot ground not exceeding one quart.'r .Miuaro 
 mile and not excee.ling „ne mile in length ; and, 
 
 (of) tor the purpose of mining any other mineral, a 
 tract ot ground ot an extent an.l length to be deter- 
 
MINES AND MINERALS. 
 
 41 
 
 mined by the Commissioner, but not exceeding one 
 halt" a square mile and notexceedinj; one mile in length. 
 
 (2) If on investijjation of the special circumstances of 
 the case, it is shown that by reason of the deficiency of 
 mineral or from any natural cause, the tract of ground which 
 under the provisions of this section a lease may cover in 
 respect to such mineral is insufficient to make a profitable 
 mine, the Governor-in-Council may authorize a '.ease to be 
 issued by the Commissioner covering a larger tract, but not 
 exceeding, except as in this section provided, double the 
 extent or double the length that such lease may cover 
 under such provisions, and may direct to be inserted in such 
 lease, such terms and conditions, not inconsistent with the 
 provisions of this Chapter, as seem just. 
 
 (3) Whenever it appears to the satisfaction of -the 
 Governor-in-Council that any company or person working, 
 or proposing to work, any coal mine, is willing to pay a 
 greater royalty per ton than that fixed by this Chapter, or 
 is prepared to prosecute coal mining operations on such an 
 extensive scale as would, without a higher rate of royalty, 
 largely increase the revenue derivable from royalties, the 
 Governor-in-Council may authorize the Commissioner to 
 accept the surri'iider of any lease or leases for the purpose 
 of mining coal held by such company or person, and to issue 
 in lieu thereof a new lease or leases for such term of years 
 and covering .such tract of ground, and containing such terms, 
 and con iitions, and pioviding for payment of such rate of 
 royalty, not less known than twelve and one half cents on 
 every ton of two thousand two hundred and forty pounds 
 of coal sold or removed from the mine or used in the man- 
 ufacture of coke or other form of manufactured fuel during 
 the whole or any part of such peiiod, as the Governor-in- 
 Council directs, and may regulate the taxation to which the 
 property of such company or person shall be liable. 1892, 
 c. l,8s. 100, 110, loG. 
 
 192. Before the Commissioner grants a license, he .shall 
 require and receive from the ap})licaiit for such license a 
 bond in the penal sum of eight hundred dollars, conditioned 
 that in the event of entry bi-ing made upon private land 
 compensation snail be made for damages in the manner in 
 this Chapter provided. Such bond may be in the form T 
 in the schedule, or to the like ctieet. 1892, c. 1, s. 98. 
 
 193. A licen.se to .search shall be in force for the period 
 of one year and six months from the ilate of the application 
 therefor. 1892, c. 1, s. 91, part. 
 
 194. The licensee may at any time before the expiration 
 of his license select from the tract covered by such license 
 a tract of ground of which he may, upon application to the 
 
 Larger tract in 
 certain cases. 
 
 Special form in 
 consideration 
 of increased 
 royalty. 
 
 Bond to be given 
 by licensee. 
 
 Termsot license. 
 
 L'pen(>ee may 
 select tract for 
 lease. 
 
42 
 
 MINES AND MINERALS. 
 
 Survey to be 
 made,— 
 
 At expense of 
 applicant. 
 
 Second rights. 
 
 Riffhts of holder 
 of second rij{ht8. 
 
 Form and con- 
 tents of lease. 
 
 Term of lease, 
 
 Lease of copper, 
 etc , what deem- 
 ed to include. 
 
 Commissioner, obtain a lease for the purpose of mining the 
 metal speeitied in such license. 1892, c. 1, s. 101. 
 
 195.— (1) Upon such application beinj:; made the Com- 
 missioner shall cause the tract of <> round so selected to be 
 surveyed and laid off, and the person making such survey 
 shall make a full and accurate plan thereof, and transmit 
 the .same to the Comiiiis.'sioner. 
 
 (2) The applicant shall defray the cxpen.se of such 
 survey. 1892, c. 1, s. 102. 
 
 196. It shall be lawful for the Ci)mmissioner to receive 
 applications for other licenses to .search (called second 
 rights) over the same tract over which a license to search 
 has been granted. 1892, c. 1, s. 98. 
 
 197. On the expiration of the tirst license, or on the 
 selection of an area for lease by the first licensee, a license 
 to search over such tract or the remainder thereof, as the 
 case may be, may be issued to tl-^ first applicant for 
 license to search, called second rights. Upon expiration 
 of such license or selection of an area by a licensee, a 
 license over such tract or the remainder thereof, as the 
 case may be, may be issued to the second of suc!^ applicants, 
 and .so on until the whole tract of ground has been leased. 
 1892, c. 1, s. 99. 
 
 198. Every lease .shall be in the form U in the .schedule, 
 or in such other form as is approved by the Governor-in- 
 Council, and shall contain all the grants, dcmi.ses, reserva- 
 tions, provisions, covenants and conditions mentioned in 
 such form U, and such others, to secure the safe and proper 
 working of any mine, as the Governor-in-Council orders, 
 and such others as are required by any statute ht-reafter 
 pa-s,sed by the Legislature of Nova Scotia. 1892 c. 1 s 
 108, part. 
 
 199. Every lease shall be for the term of twenty years. 
 1892, c. l,s. 108, part. ^ ^ 
 
 200. Every lease which gives authority to mine copper 
 or lead shall be deemed to include the authority to mine all 
 minerals held in composition, associated .with or contained 
 in such copper or lead, or in the ores" in which copper 
 or lead is contained. 1892, c. 1, .s. 1 1 1. 
 
 RKNE\V.M,H. 
 
 Kenewal, rijfht 
 of lease to. 
 
 201— (1) Every lessee, upon giving to the Commis- 
 sioner at least .SIX months before the expiration of the lease 
 held by him notice in writing' of his intention to renew 
 such .lease for a further period of twenty years fn.m snch 
 expiration, shall be entitled to a renewal thereof for such 
 further period. 
 
MINES AND MINERALS. 
 
 (2) Such lessee, upon giving to tlie Coinmissioner at 
 least six months before tlie expiration of such further period 
 of twenty years, notice in writinn; of his intention to renew 
 such lease ftjr a furtlier period of twenty years from such 
 expiration, shall be entitled to a renewal thereof for such 
 further period. 
 
 (3) In like manner such les.see, upon giving to the Com- 
 missioner at least six niontlis before tlie expiration of such 
 further period of twenty years, notice in writing of his 
 intention to renew sucli lease for a sti.I further period of 
 twenty years from such expiration, .shall be entitled to a 
 renewal thereof for such fuitlier period, but in no ease 
 shall such renewals of any such lease extend the term of 
 the same beyond eighty years innn the original date of the 
 lease. 
 
 (4) Every such renewal shall be upon the same terms, 
 covenants and conditions as are contained in such lease, sub- 
 ject, however, to the addition or substitution of any other 
 terms, covenants and conditions which may be inserted in a 
 lease issued under this Chapter by virtue of the provisions 
 of this Chapter or of any other statute hereafter passed. 
 
 (5) In any such renewal the rent payable by such lessee 
 may be increased under the authority of this Chapter or of 
 any such statute, subject to the provisions of the next fol- 
 lowing .section. 
 
 (G) No .such renewal siiall be granted to such les.see if 
 at the time of giving such n;-tice, or of the expiration of 
 the term or extended term of such lease, the .same is liable 
 to forfeiture, or if any rent is in arrear in respect thereto. 
 1S92, c. 1, ss. 118, 120. 
 
 202. — (I) Wiiere the workings of a coal mine extend 
 under ground covered by two or more leases, and it is 
 .satisfactorily proven to the Connni.ssioner that the land 
 covered by such lea.ses or any of then> is necessary to the 
 .satisfactory and profitable working of such mine, the 
 Commi.ssioner may renew such leases, or any of them. 
 
 (2) VVhere the workings of land extend into adjoining 
 land covered by anotlua' lease, notwithstanding there is no 
 coal being mined in tln' lirst mentioned land, both leases 
 may be renewed in whole or in part, as is decided by the 
 Commissioner on the special circumstances of the case. 
 
 (3) Where works are carried on outside of land covered 
 by a lease for the purpose of winning the coal in such land, 
 the lease of such land may be renewed if it is satisfactorily 
 shown to the Comnnssioner that such works are being 
 continnouily and satisfactorily carried on. 
 
 (4) Where unworked land adjoins a coal mine which 
 is being worked the lease of such land may be renewed if 
 
 4S 
 
 Second renewal. 
 
 Further 
 renewal. 
 
 Renewals to be 
 oil teriiia, etc.,o( 
 original lease. 
 
 Rent may be 
 increased. 
 
 Renewal not to 
 be (granted to 
 lessee liable to 
 forfeiture or in 
 arrears for rent. 
 
 Renewa s in 
 certain ,pecial 
 cases. 
 
44 
 
 MINES AND MINERALS. 
 
 it is shown to the Commissioner that such unworked land 
 18 necessary to the profitable workin;,' of the mine. 
 
 <o) Subject to the approval of the Governor-in-Council 
 the Oommi.ssioner may renew any lease nr)twithstan.lincr 
 the full sum due for royalties has not been paid, if the 
 holder of such lease produces evidence satisfactory to the 
 Commissioner that such non-payment is .luo to depression 
 in the trade, or other exceptional circumstances, and that 
 there is a reasonable pro.spect of pavment bein<? made if au 
 extension of time is allowed. 
 
 (6) No renewal of any lease un.i( r t lis section shall be 
 tor a longer term than twenty years, and shall be subject 
 to any terms and conditions n-.t incon.sistent with the 
 provisions of this Chapter which are impo.sed by the 
 Covernor-in-Council. 1892, c. 1, s. 120. 
 
 ASSIGNMENTS, &0. 
 
 Survey on appli 
 cation for 
 liceoM. 
 
 J9"ned''«ith.'" ^, 203. A lessee shall not at any time duriuL' the term of 
 cl=„rr! f"' '^^^« >^«''> by him, or any renewal thereof, as.i'nt;a„s 
 fer, set over mortgage or otherwise part with such lease or 
 
 fh? l'£l J'^%""'?'''-'''- t" «"y person whomsover, without 
 the consent of the Governor -in-Couhcil first had an.l 
 
 sPplTfH r ^"'■P'''^' ""'' ''-"'"^'' ""''^''' t'i« hand and 
 seaJ ot the Commissioner. 1892, c. 1 s 108 (c) 
 
 oU .Subsequent ratification by the Cov'ernor-in-Coun- 
 
 cil, sipihed by the hand and seal of the Commissh.Kr 
 
 1 s. lOsTd) '""' '^''' '' ' ^''''''"' '""''"'• ^^^^' ^' 
 
 8nRVEY3. 
 
 V,^f?^'^^^^ • ^'^^"^ ^" application for a license is accented 
 by the Commissioner, he shall cause the land appli.d for 
 
 an r T\rr- ""'' ^V-^ '^^' '^'"' ^ ^'"" -'e^oriptinn of such 
 land shall be in.serted in the license. 
 
 (2) The cost of such survey shall be d..fr;.v<ul )„• fi 
 licensee. 1892, c. 1, ss. 96, !=7 'Iti.ajed bj the 
 
 206. Every lessee shall, within six months after the 
 date of lease, place or cause to be placed at each and every 
 corner ot the tract of ground contained in tlu le,i" a luM 
 or monument of stone or other durable .nateri I o s d 
 size, nature and character as the Coinuiissiou; by L ra 
 regulation directs. ^ k^^ntrai 
 
 207— (]) Ever\ post or monument shall have di^tin 
 ftuishing letters or a suitable inscription cut T narked 
 thereon, designating the corner uhere the same s Xed 
 Provided always that in case of a tract of ground an v co ne j 
 of which are covered with water, or where tht Xci, o? 
 such posts or monuments at such corne s 3d £,s 
 
 Monuments to 
 be erected. 
 
 Inicription 
 thereon. 
 
 Tract covered 
 with water. 
 
MINES AND MINERALS. 
 
 4A 
 
 private. or puhlic inconvenience, the lessee shall, with the 
 consent of tlit- Coiiimissiuncr. place such posts or monuments 
 on the land u(lj.)ininij such corners, in such positions as are 
 approvt'(l by the Commissioner. 
 
 (2.) The tract of ground covered hy any lease shall Stt^Sri.'; 
 be (Icfiru'd as in this st-otion required according to the of lease, 
 priority of the date of sucli lease, and the lessee of the 
 tr^ict of ground iir^t lease<l shall f<ive to the lessees of ad- 
 joining tracts notice in writing that on a day named — to be 
 not less than ten days afiei the service of such notice — a 
 survey will be made for the puiposo of establishing the 
 boundaries of the tract of ground and placing the posts or 
 monuments required by this Chapter. Such survey shall 
 be made by a sworn surveyor, whose appointment shall be 
 sanctioned by the Commissioner ; and the surveyor shall 
 make a return of the survey with an accurate plan thereof 
 to the Commissioner. 
 
 (3) If wittiin forty days after such return has been ^^'S,;j'Jj*J.** 
 made by the surveyor to the Commissioner no complaint is 
 made to the Commissinner that the boundary lines of the 
 tract of ground as so defined aie not in accordance with the 
 lines as originally di'tined, the boundary lines of the tract 
 of ground as so dt-Hned by the surveyor shall, as between the 
 lessees, be held to be the true and correct boundary lines 
 thereof. 
 
 (4) 
 
 If within such six months from disagreement or S°™'^X'r°°'" 
 
 seBOt 
 
 other cause such boundary lines are not established and survey 
 (leHned as required l)y this Chapter, the Commissioner may 
 cause a survey to be made and the tract of ground to be 
 detined as liereinl)efore recpiireil, and the boundaries .so 
 established shall be held to be finally determined. 
 
 (5) The expenses of all such surveys and of the placing Expe^i 
 or erection of all such posts or monuments as required by 
 
 this Chapter.shall be paid by the lessees of the tracts defined, 
 and where such surveys' are made and such posts or 
 monuments are established by virtue of the next preceding 
 sub-section, such expenses may be sued for and recovered 
 from the lessee . in the name of the Commissi. uier. 
 
 (6) Every monument or post as often as it Is destroyed S'e°«p7<^".d. ^ 
 or removed shall he replaced by the lessee at his own ex- 
 pense within one month ; and the proceedings therefor shall 
 
 be the same as in this section required in the first instance. 
 
 (7) Where the K-ssee is not the owner of the land ^;8;l'*J°t.!""* 
 included in the tract lease.l. and on which the boundary 
 
 posts or monuments are required to be placed, he .shall be 
 at liberty to set them up on nuch land, but shall pay the 
 owner for the damage caused thereby. 
 
46 
 
 MINES AND MINERALS. 
 
 DamaKes, how 
 ascerUiiied. 
 
 Fees o( arbitra- 
 tors. 
 
 Penalty for fail- 
 ure to eret 
 inonunieDts. 
 
 Penalty for (ies- 
 Iroyinif monu- 
 ments. 
 
 Barrier to be 
 reserved. 
 
 Barrier not to 
 be removed ex- 
 cept hy permis- 
 sion ofGovernor- 
 in-Couiicil. 
 
 (8) If the owner and the lessee cannot apfree on the 
 amount of such (huna>,'c, the \^'.sw(i may call upon any three 
 disinterested justices of tlic peace for the countj' in which 
 the land is situated to appraise the .same ; the justices so 
 called upon shall foithwith appraise such damajfo, and 
 their award, or that of any two of them, shall be final. 
 
 ({)) Eich of such justices of the peace shall be entitled 
 to one dollar a day for the time actually and necessarily 
 employed in makintj such appraiscirient, bfsides travellinij 
 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; and such pay and travelling fees shall be 
 paid by the lessees 
 
 (10) Every lessee who netflects or refuses to setup such 
 posts or monuments, or to renew or replace the same when 
 removed or destroyed, as requirc(l by this Chapter, shall 
 be liable to a penalty not exceeding one hundred dollars for 
 every such post or monument he neglects or refuses to set 
 up or replace. 
 
 (11) Every person who wilfully destroys, defac-a, 
 injures, or removes any such poNt or monument, or attempts 
 to do so, shall be liable to a penalty not exceeding one 
 hundred dollars tor each offence. 18!)2, c. 1, ss. 114, 115. 
 
 B.\RRIKRS. 
 
 208. There shall be reserved as a barrier a space of ten 
 yards in width immediately within and along each of the 
 boundary lines of the land covered by any lease, and if .such 
 lanil is covered with water. there shall be so reserved as a 
 barrier a space of twenty-five yards in wiilth. 1892 c. 1 
 s. 108, part. 
 
 209. — (1) Such barrier shall not be opened or worked 
 unless by order of the Governor-iii-C )uneii made, — 
 
 (a) with the written consent of the licensee or lessee 
 of the adjoining tract of ground, or 
 
 (b) after proof that the opening and working of such 
 barrier will tend to the .safety of the mineTjr of the 
 workmen employed therein, or prevent waste of 
 mineral. 
 
 (2) The order-in-council shall specify, — 
 
 (a) the manner in which such barrier shall be opened 
 
 or worked ; and 
 (h) the amount of security to be given by the le.ssee 
 
 who is by .such order permitted to open or work 
 
 such barrier. 
 
 (3) Such security .shall be by bond in double the amount 
 specified in the order-in-council, conditioned to properly 
 execute and complete such opening or working in the man- 
 ner specified in such order-in-council. 
 
MINES AND MINERALS. 
 
 47 
 
 (4) No openinr; or \vorkin<,' slmll oo made or commenced 
 until such liorid is tiled with tlieCuintiiisHioncr. 1892, c. 1, 
 
 8. 108, part. , C 1 1 where lennee 
 
 210 Any IcKsee wlio believes that the barrier ot lami gu^pe^u en- 
 adjoininfr th. land ccvrred by the loase held by hini has -o-;hm.nt on 
 been encroached upon shall upon application to the Com- 
 niissiotuT receive permisMon to enter such adjoining land 
 personally or by his agent with the Inspector or his tleputy, 
 and to make such survey as is required to define the 
 relations of such workings to the barrier. 1892, c. 1, a. 
 108, part 
 
 PAYMENT OF RENT. 
 
 211— (1) Every lessee shall for every year after the Rent pay.we. 
 date of the lease, except the first year, pay in advance to 
 the Commissioner a rent of at least thirty dollars. 18J^, 
 
 ^' (2)'' 'if^'the' land covered by any lease exceeds the tract ««;;t, ["^d.""*'" 
 
 of ground which under the provisions of this Chapter srch 
 
 lease may, without the authority of the Governor-in- 
 
 Council, cover, the lessee shall for every year after the date 
 
 r,f the lease, except the first year, pay m advance to the 
 
 Commissioner a rent of thirty dollars for every such tract 
 
 of iToun.l such land contains, and if such land contains a 
 
 portion of such tract of -roun.l over and above one or more 
 
 such tracts of ground, thirty dollars for such portion. 189d, 
 
 c. 3, s. 8. 
 
 QU.\KTEB1,Y RETURNS. 
 
 212 On or before the tenth day of each of the months Q~iy 
 of January, April, July and October in each and every 
 year every lessee, his agent or manager shall .send to the 
 Comndssioner a corr. ct return specifying the quantity ot 
 coal, iron ore, or other mineral wrought or gotten under 
 authority of such lea^e, the probable use ami destinatKm ot 
 the same, and the anmunt of royalty which has accrued 
 upon the mineral wrought or gotten during the last previous 
 quarter, and on or before the last days ot January, April. 
 July and October in each year a correct return specifying 
 the number of days' labour, and the number ot persona 
 onlinarilv employt^l in or about every mine held under 
 such lease, below ground and alcove sv<mn<\ and the 
 ditterer.t classes of i)ersons so employed, and the cost 
 and description of all the shafts, quarries, slopes, levels, 
 planes, work.s, machi-.ery, trau.ways and rai ways sunk, 
 driven, opene.l or constructed du.ino: the prece<liiig quarter 
 Such returns may be in the form V in the schedule, and 
 .shall be sworn t.. by such leasee, agent or manager, and by 
 one or more credible persons principally employed in or 
 about the working and management ot such mine. 
 
48 
 
 MINES AND MINERALS. 
 
 SCHEDULE. 
 
 [Form A.] 
 (Section I4.) 
 
 application kor i,r<!knsr. 
 Province of Nova Sootia, 
 
 Cit'NTY OK (or Oou) District.) 
 
 Appliciitioii is licroliy inaile foi'u lioiiiusi' to seiirt-h (or progpeoting license) 
 foi mill'": aii.l miiieials other than gohl ami Hilver* (or for goUl and silver) 
 
 over that tra(;t of land situated at in the uounty of contained 
 
 within the following liniitti ; — 
 
 which tract of ground does not exceed in extent square miles, {or does 
 
 not exceed in length twice the hreailth thereof) at the price of dollars 
 
 {or over mining areas niiuiliered 
 
 on a plan of such district filed in the office of the Coinniissioner of Public 
 Works and Mines, at the price of fifty cents per area. ) 
 
 Dated at this day of , A. D., 19—. 
 
 Name 
 
 Address 
 
 Occnpation- 
 
 •MineraU other th«u «ol(i and siWir indud.. coal, iron lead, copper, tin and DrcclouB 
 Btoneg upon any lands in wl.l.li »w:h minerils aru the property of the Crown and al 
 A o'la'a*"'"'' '""""'"' '''"''er and biiiidii,« B:onB in lands granted tiuue April 30thl 
 
 [Form B.] 
 (Section 1 4. ) 
 application kor lkahr. 
 Province of Nova Scotia, 
 
 Cot'NTV OK (or GoM) District.) 
 
 Application is hercUy made for a lease of mines and minerals other than 
 gol( or silver (or of mines of gold and silver) upon the tract of groun.l situ- 
 ated at in the county of contained within the following limits •— 
 
 which tract ()f groun.l does not excce.l in extent s,,uare miles (or does 
 
 not ex<;eed 111 length twice the l.readtii thereof) at the price of dollars 
 
 r «^ J"J.""'A' "■'■''"' 'l"'"'«''«'l "" a plan ot said .li.tri.a filed in 
 
 the ofiice of the CoiimiLssioner of Public Works and iMines 
 two dollars per area. ) 
 
 ines, at the price of 
 
 Dated at- 
 
 this- 
 
 •day of- 
 
 -A. D., 19 
 
 Name 
 
 Address 
 
 Occupation- 
 
 • Minerals other than Rold or silTor include coal, iron, lead Conner tin anrt-nrf,M«„. 
 stone,, upon any landt In «-hi>-h such mineral, are the propoNvK'e Crown Tnd»n 
 »nne,al, except limestone, plaster and buUdinK stone infaai," «•ral'^.in„^Air'lMnfh' 
 
 A. D. nn, 
 
 granted since April 30th, 
 
MINES AND MINERALS. 
 
 49 
 
 I Form C.| 
 (Sertton 19.) 
 
 rKllSPElTlSO LK'KNSK. 
 
 Pbovinok (ik Nova Scotia, 
 
 County of , (or - Hold Oistkict. ) 
 
 iMct'iiHi' in liciuliy j.'niiili<l to , of , in the ooiinty of , 
 
 t.) ixeroiMt' tlu^ t^xclimiM' ii;;ht of proHpoctinjr for gold, Hilvur and silver- 
 lii'iiiiiig inintialH. tor a piriod iir>i exc('c(!iiiy twelve nmntliH from tlio ilate 
 
 lierect, within liio.su poitioiis of land situate at , in tlu; county 
 
 of , which aru contained within the following limits, that is to Hay : 
 
 (or 4>ver - - mining areas nuitdiered 
 
 on a plan of Haid di.stiiet of , liled in the office of the i'onimissioner 
 
 of I'ulilie >Vorks and .Mines. I 
 
 Thi.s license is granted sid)ject to the terms, provisions and r(!(|uireinents 
 of "'Ihe Mines Act," and ot any Acts in aniendment thereof; and also 
 suliject to the orders of the (Miveiiidrintouricil, fruui '.ime to time nuide 
 upon the report anil rccoiiiincnidatiiin ot the t'omniissioncr of I'uhlic \V rks 
 and Mines in relation to such wnrks. 
 
 In witness whereof, I have lieieuntosuhsciilied and .set my hand and seal 
 
 of office, this day of -, A. D. 1!» -, at Halifax, in the county of 
 
 Ualifux. 
 
 ComiuUsloner of I'ublic Work^ and Mintn. 
 
 [l'"orm 1). I 
 
 (Strliun in.) 
 
 MrENSK TO SKARCH. 
 
 Province ok Nova Scotia, 
 County ok . 
 
 License is hereby granted to , of , in the county if , 
 
 to exercise the oxclusive right of searching for mines iind minerals other 
 than gold and silver,* for ii period i.ot exceeding one year and six months 
 
 from the ilate iiereof, within those portions <if iuiid .situate at in 
 
 the county of • — , which are contained within the following limits, 
 
 that is to sav : 
 
 Thn search to be faithfully made, free of all expense to Oovernnient, and 
 a report of the result tiaiismitted with all convenient speed to the Com- 
 missioner ot I'uhlic Works and Mines. And in case the said 
 
 determines, after such search and re|iort has l)(!en made, to prosecute 
 
 the undertaking, may. on application to the Commissioner 
 
 of Public \V(jiks and Mines, within one year and six montlis from 
 the date hereof, be granted a lease to work any one of tlie mines or 
 minerals contained within a portion of the aljove described limits, to be 
 
 selected by not exceeding in extent one scpuwe mile, to be in one 
 
 block, of which the length shall not exceed two and a half miles. 
 
50 
 
 MINKS AND MiNEKALS. 
 
 This liceime is graritiul, Huhjcct to tlm tvi-\m, pnivisions and rciiuiienientu 
 of "The Miiu's Alt," iiinl cf tlie Ait» in uiiiPinliiu'iit tlififof, aiid also 
 Miil)ji'(;t to tlif orilcii* iif thf (iiiVfiiiiPi- ill ('i)Uiifil fnnii tiiiu' tii tiiiiu iii.ule 
 iipi'ii tlif rttpo/t mill iccoiiiiniinlatiDii of tlif romrmnmoiu'r of I'lililic \\'orkg 
 anil MiiiL'H. 
 
 In wilni'HS whiTiMif, I ha\e lii^ri'untu my Imnd and weal of ofTice nub- 
 
 Hcrilied and Hi't this day of , A. i). l»- , at Halifax, in the 
 
 county of Haliic^. 
 
 CiunmiMioner ut I'iMir Works ami Mines. 
 ••Signt'd sealed and delivenMl in prom'nci! of . 
 
 •Minei and iiiinersU oth'T than Kdlil iriil tilvor Incliiiln coal, iron, lead, tin, coprer 
 and pri'cioiiB "toiiox upon iiiijr land- in wimli lueli MiiiiiTitU aru the properly ol th« 
 Crown, and all niiiiiTali (•xciiptlimoHtoii' , pU«ti<r iind buildiiin ut Jiie in laud* H'*»t«d 
 • ince April :liith, IHIIJ. 
 
 llM.ini K.] 
 l>K('I.\KATloN OK SHARKS. 
 
 -do luTL'hy dfulare 
 
 We, of ill the county of- 
 
 thrtt we are the legal ovvnei-N under lease No. district, dated the ■ 
 
 day of A. 1). 1!) of uliares in said lease iiientioned, viz ; 
 
 shares. 
 
 (iiven niidi'i i.nr hands this day- • .A. 1) 19—. 
 
 WitnettK. 
 
 Personally iippenii'il liifid-e iiic of — who liein>{ sworn says 
 
 that duly signed the foregoing derhiration in liis p'.escnce 
 
 Sworn to this day of A. I). iU — , at -— in the county of 
 
 Before nie ./. /^. 
 
 iii'inalure. of witne.M. 
 
 [Form F.J 
 
 (Strtion M.) 
 
 TRANSKEK. 
 
 Know all men hy these presents, that of , in the county of 
 
 , in consideration of dollars to — — in hand well and truly 
 
 paid by , of — , have sold, assigned, transfericd, ami set over, 
 
 and by these presents do sell, lus.-iign, tninsfer, and set over to . of 
 
 , cxecutoiM. aclmini.stiiitois, and assigns, — , owneil by 
 
 , under - — — . 
 
 To have and to hold the same to tlic said - - 
 trators, and assigns, forever. 
 
 In witness whereof have hereunto set 
 
 ,lay of , A. 1). 1!)-. 
 
 Signed sealed and delivered in presence of 
 Wilntsii. 
 
 — , executors, adminis- 
 haiid aiivl seal — , this 
 
MINES ::ND MINEKALS. 
 
 51 
 
 Perno mlly appi iireil l.cforr iim --, of , in the cnunty of — — . 
 
 hu'km nl)iiiK wilnt'HH to tliii f.-icnoinn triiiiHfnr, who b«in>5 'luly 
 
 Bwnrn »ayit that iluly oxi'cutcd the ulinvci tTiuiHUr in hw 
 
 prcdPiKut. 
 
 Sworn to tlii« .l»y of A. 1». lit , at in the county 
 
 of . 
 
 Be'orc me •/. /*. • 
 
 |l"..riM <1.| 
 {Stdhu.V.) 
 
 StlRUKNDKH 
 
 Know all men liv tiitisi- |)r««fiil8, that , h'H«t'»" of Hnr Majtisty 
 
 I lie (^u.'fn uriil.T a Icii.-c niiiiil chmI .liKtrict, for ci-itahi (•..iisuicrationM 
 
 thcuiiiito iiir)vini; -— huvc euiif tnliTfii, ami hy tliiise pn'8ent« do 
 
 Hiiirenilcr. tiir nai.l Ira-x-, ami nil iiilcivst tli,.|cin, ami the unoxpire.l 
 
 term tlieioof uniifi- the provisionH of "'i'lu' MiiicH Ai.t." 
 
 WitncHK I'iinil ami Hial thin - ilay of , A. I). I«---. 
 
 [us.] 
 Signeit, sfalfil anil ilulivcioil in piiseiuf of 
 
 [Form H.| 
 
 (Section na. J 
 
 I , „f in till' county of {omiiitilion], <lo Hwear that I 
 
 will woll an'.l faithfully porfoiui the .luties 1 umy he <;alUMl upon to perform 
 HI Ichaiiiiiiau or irlmifiH- thii niijil(iymnil i«) in nuilung thi- Burvpy of pro^ 
 pc-ity liel.l un.lcr (lease or liceUHo! hy (./f.scnV-e the. ),r,-r<'rty frropowl 
 
 to he. isiirieyeil.) So help me (ioil. 
 
 Sworutoheforemeat in the comity of . this - day of 
 
 l«-— . 
 
 Snrrtyor. 
 
 IKonn H.) 
 {Seelion 44.) 
 
 KK.NTAl, AC.HKKMKNT. 
 
 Mrmoramluni of agreement niiide ti 
 Oui- Lord om; thousand nine hundred 
 
 is day of , in the yearo 
 
 -. helween the (Queen's Most 
 FxceMent \rajes'ty, lepresenled in this l.ehalf hy the Honoiahle Coinmis 
 si'ones of I'uhlie Works and Mines ..f the Province of Nova Scotia, of the 
 
 one part, and 
 
 hereinafter descrihed aa lessee — , of the other part. , ,. ■ . 
 
 Whereas the al)ovo named lessee - now hold — a lease of gold mining 
 
 areas numlierei , in gold district , which sahl lease bears 
 
 ilatethe^ .lay of - -, A. U. 18-. 
 
 And whereas, the said lessee lesirouaof availing of the pro- 
 visions of " 'I'lie .Mines Act." with respect to such leases ; 
 
 Now, therefore, it is hereby agreed bv and between tiie parties hereto, 
 their heirs successors, and assigns, that the said lease above mentioned 
 
 a IK 
 
 1 bearing date the 
 
 lav of 
 
 A. 1). 18- 
 
 and rcteri-ed to, r. . . •. ^,,„, ,,. . i. " 
 
 is made and declared, subject to tlie provisions of "The .Mines Act ; 
 
 And tlic saiil lessee - on part do — hereby covenant and agree to 
 
 pay to Her Majesty the Queen, represented as aforesaid, an annual rental 
 of'liftv cents per area for ea.'h and every area enibrace.l in said lease ; 
 such navment to be in advance, and in accordance with the terms and pro- 
 visions of said " The .Minos Act," and the said lease to be forfeited if any 
 such payment is not duly made. 
 
52 
 
 .VINES AND MINERALS. 
 
 And it is furtlier covenaiited and agreed, by and on belialf of Her 
 Miijesty the (^iieen. ••epreseiit('il by the siiid Honorable Commissioner of 
 Public Works and Miiies. tiuit so long as said annual renial is paid in 
 Rccordance wiih the terms and conditions of the said " I'he Mines Act," 
 the said lease sliall not be siiljjeot to foifeitnro for non working. 
 
 And it is agreed generally lictwc'ii tiie paities that said lease herein- 
 before mentioned shall in all respects be subject to, and have the 
 advantages of, tiie provisions of " The Mines Act," so far as thev relate 
 to mines of gold and gold and silver ; but in otlier respects tlit tenna and 
 conditions of said lease remain in full foice and unchanged. 
 
 In witness whereof. Our .Sovereign Ladv the t^ueen has caused , 
 
 Commissioner of Public Works and Nlines for tiie Province of Nova 
 Scotia, to subscribe liis hand and set his seal of office to this agreement, 
 
 and the said lessee— ha - subscrilied, and set hand— and — seal — 
 
 thereto. 
 
 Signed, sealed, and delivered by the said Commis.sionei- of Public Works 
 and Mines, in the presence of 
 
 By the sail! lessee —, in presen(;e of 
 
 [L. s.] 
 
 [L. S.] 
 [L. H.J 
 
 [Form HH.] 
 (Section 44-) 
 
 RKNT.M. .V(iREK,MKNT. 
 
 Memorandum of agreement made this day of , in the year of 
 
 our Lord One Thousand Nine Hiindreil , I'letween the (,)\iecn's .Most 
 
 Kxcellent Majesty, represented in this belialt by the Mon')rablc tiie Com- 
 mi.ssioner of Public Works and Mines of tiie I'Vovimu,' of Nova .Scotia, of 
 
 the one part, and ■ , liercinafter descrilie.i as lessee , of tiie other 
 
 part. 
 
 Whereas, the above-named le-isce now hold a lease of - mining area — , 
 
 numbered , county, w bich said lea.-se bears date tiie day of 
 
 A. D. 1-. ■' 
 
 And whereas, the said les.sec — desirous of availing of the 
 
 provisions of •• The .Mines Act," with re.xpect to smli lease." 
 
 Now, therefore, it is hereby agreed by and lielwcen the parties hereto, 
 their heirs, succes.sois, and a.s.-<igiis, that the said lease above mentioned 
 
 and referred to, ami !)caiiiig date the day of A. L). 1 is 
 
 made subject to the jjiovisions of "The Mines Act," and all Acts in 
 anieiidmeiit thereof. 
 
 Ai .1 the sai<i lessee on pait do - hereby covenant and agree to pay 
 
 to Her .Majesty the giicen, represented as afoicsaid, an annual rental of 
 tliirly dollars [ler area, tor each and every area of one scpiare mile, or part 
 of a si|uare mile, I'liibraccd in saiil lca.se, such paviiieiit to lie in advai\ee, 
 and in accordance with the terms and provisions of "The Mines Act," and 
 all Acts ill amendment tliercof, and tile said lea.-ie to be forfeited if any 
 such payment is not duly made. 
 
 And it is further covenaiite.l and asjreed, by and im behalf of Her 
 Majesty the t^iceii. representiMl by the said Honorabl.. ( 'ommission«M- of 
 Public W orks and Min.'s, tiiat so long as the sai<l annual rental is paid in 
 accordance with the terms and conditions of "riie Mines Act," and 
 all Acts in amendment thereof, the said lea.se shall not be subject to for- 
 feiture for non-woi king. 
 
 And it is agreed i.'ciieraily liet ween the parties that the .sai.l lease herein- 
 before ment.oned shall in all rcs|)ccts be subject to, and have the advan- 
 tages of, the provisions of "The Mines Act," so far as thev relate to 
 
 mines of ; but in other respects the terms and condition f such 
 
 lease remain in full force and luu luuiged. 
 
MINES AND MINERALS. 
 
 53 
 
 In witness whereof, our Sovereign Lady'the Queen 1\'^« '^^^ff/'-T-"-' 
 Commissioner of I'ul.lic Works and Mines for the Province of Nova Scotia 
 o ubscribe and set his hand and «eal of office to ''''^'^f ^f^l'to 
 tlie sai.l lessee ha- suhscril.e.l and set - - hand '^"'l «^) *Jf\^;"^ ^ 
 Signcl, sealed an.l delivered by the said Commissioner of Public U orks 
 and Mines in the presence of , 
 
 By the said lessee— in presence of 
 
 — [L. s.] 
 
 — [L. S.] 
 
 [Form I.] 
 Section 52. 
 
 NOTICK OK INVE.STIfiATtON. 
 
 To of in the (M)unty of [oecupnfion), lessee of certain 
 
 mining areas under lease number from Her Majesty the Queen to 
 
 ''''^^:^^J^^^r^^^^ ^'o'- -- to the knowledge of) the 
 Co nmls^ionlt of Public Z.V. and Mines that ^^^^ ^'^^^^'Z 
 not effectively and continuously performed in '««P«'-^.t.„t° '^"tes Act'V 
 work reouircl bv such lease {or by the provisions of Ihe Mines Act ), 
 
 (or ha ie performed in respect to such lease the work required by such 
 lease (or by the provisions of the "The Mints Act,") colourably) 
 
 Tc^- have' abandone.l in respect to such lease the .vork required by such 
 
 ''Z t^l^:^^'^^ the terms, stipulations, covenants orcon^ 
 diticms of sla.h lease in the following respect (here enumerate varUculara of 
 
 ""v^n^'Ctlly notified that the matte., of such -^'t-ll^'^^i!':^ 
 tigated before m.'. at my othce, Province '^"'l; »"-'•, "f^'^'^;" *''''-„„ '^' ^ 
 „f A 1) 10 -, at the hour of of the clock in the noon. 
 
 Dated at Halifax the day of A. 1). 19 -• 
 
 CommwHioner of Public Works and Minen. 
 
 [Form K.] 
 (Sedion 5S.) 
 
 NOTICE OF CLAIM KOK PAMAGKS. 
 
 CofSTY 
 
 OF . or 
 
 (iold district.) 
 
 19- 
 
 To 
 
 You ar 
 damage 
 of -- 
 upon my 
 license U 
 
 And " 
 lars as ci 
 
 ^ of , i„ the county of (occupation). 
 
 •e'hereby notiticl that I (or wej the undersigned, ha,vr sustained 
 
 •e hereby notiiicd uiat 1 (>" "^' ••••- • -^ - ■ 
 
 part culars of which are liereafter state 1 amounting to f.e sum 
 ' lolars from the entry and sea-h for minerals by you 
 
 lor our) landH situ.it.d at , in the count- aforesaid, under a 
 
 .search (or pnwpccting license) held by v<m. 
 
 do iKTcbJ claim payment of the said an.on.nt of dol- 
 
 lupensation for .such damage. 
 
 Partiiulars of damivge. 
 
 Dated this 
 
 day of 
 
 D. 19 
 
54 
 
 MINES AND MINERALS. 
 
 [Form L. 1 
 {Sertion 63.) 
 
 NOTICK OF INTKNDKI) KNTRY UNDKR LKAHK. 
 
 of — ~ — , in tlie'couiity of 
 
 (ocmpation). 
 
 -, in tiio comity of — , in pursuance of the pro- 
 
 To — 
 
 I, .of _ _ ^. 
 
 visions of " The Mines Act," hereby give you notice tliat I intend to enter 
 
 upon your hinds situate at aforesaid, and to mine thereon for , 
 
 and that I am ready to detine hy a;:re<Mnent tlie hind re(|uired by nie for 
 mining purposes, including opening siiafts and other excavations, construc- 
 tion of necessary roads and drains, erection and phicing of buildings, 
 machinery and plant, dumping gnmnds, and for all other things incidental 
 to ndning, and I am ready to (ix l)y agreement tlu' amount of compensation 
 to he paid for damages arising therefrom, and to pay the same. 
 
 And I further give you notice that unless such land is so defined and 
 such comppn.sati(m so fixed within ten days from tlie service of tliis notice 
 up(m yon proceedings will be t:. ken under "The Mines Act" to acijuire 
 such rigi.ts in said land and to fix the compensation therefor. 
 
 Dated this day of , A. I), li)--. 
 
 Fi 
 
 to 
 th 
 sti 
 of 
 
 m 
 ar 
 
 To 
 
 , of 
 
 (Form M.] 
 (Section 04.) 
 
 NilTICK REyUlRI.NO ARHITRATKIN. 
 
 — , in the county of , {Dcriipniiun.) 
 
 Whereas, on the day of , A. 1). if) -, notice was served 
 
 upon you that I required certain hinds at , aforesaid for the purposes 
 
 in said notice mentioTied. 
 
 And whereas, the saii! lands so re({uired ha\e not l)eeii defined nor the 
 compensation therefor fixed by agreement. 
 
 Now therefor.! take notice that under the provisions of "The Mines 
 Act" I reiiuire for the said purposes the hit {or several lots) of land 
 described as follows 
 
 and delineated on the plan hereunto annexed. 
 
 And further take notice that I am ready and willing to pay tiic sum of 
 — — — <lollars as compensation for the damage to b(! sustained l)y you, and 
 
 that if the same is not ai-cepted 1 do iiercby appoint , of - , in 
 
 the county of , as arbitiator on my behalf, and demand that vou'do, 
 
 within ten days after tiie servi.e of this n-ilice upon vou, name an arl)itni- 
 tor to act on your behalf in detcrujining the amount of such compensation, 
 under the provisions of "The .Mines Ai't." 
 
 Dated this — 
 
 day of . A. I). H) 
 
MINES AND MINERALS. 
 
 [KormN.] 
 
 [Section 127. ) 
 
 mill licensk. 
 
 Province of Nova Scotia. 
 
 License is hereby granted to , of , in the county of ,^ 
 
 to use ami employ, c(inf(nniably with tiie provisions of "The Mines Act, 
 
 the mill and machinery now in the occupation of the said , and 
 
 standing and erected on the premises situated at — , in the county 
 
 of ■- , and described as follows : 
 
 in crushing, stamping, reducing, amalgamating and concentrating quartz 
 and other gold-bearing material, and in obtaining gold therefrom. 
 Dated at Halifax, this day of -— , A. D 19—. 
 
 Comminnioner of Public Woiks and Minen. 
 
 {Names of princi/)"! 
 
 tFormO.] 
 
 (Section liS). 
 
 Pkovince of Nova Scotia. 
 Halifax, SS. 
 
 ./ two bonilxmento he inserted in full, with place of 
 n-Hidenre and occupation. 
 
 Know all men hy tlicse presents, that we_ _ 
 
 are held and firmly bound unto our Sovereign Lady the Queen, her heirs 
 
 and successors, in the sums, and in the manner following, namely : 
 
 the said , as ))rincipal, in the sum of one thousand dollars, 
 
 lawful'money of Cana.la, and tiicsaid --, and , as sureties, each 
 
 in the sum of live hun.lred dollar.s, lawful money of the Dominion of Canala 
 to be paid to our Soverciun Lady the (,>ueen, her heirs and successors, 
 for wiiicli payment to be well and truly made, we bind ourselves severally, 
 our an.l each of our licirs, executors and a.lministrators, firmly by these 
 
 presents, sealed with our seals. Dated the day of , m the 
 
 year of our Lord one thousand nine hundred and •. 
 
 Whereas, a li(^eii.se has thi.s ihiy been granted to the above bounden 
 
 ti, prospect for gold, .silver, and silver-bearing minerala, for a 
 
 period of'twelve months from the date hereof, in a tract of land situalcl *t 
 I i„ the county of , and particularly described as follows : 
 
 The condition of this bond is as follows, that if the above bounden , 
 
 shall under the license granted as aforesaid to -— ■- make entry upon 
 urivate lands and shall make recompense for all damages, costs, and 
 chirL'es to wiii.h - he — shall be liable under the provisions of " The 
 Mines Act " and tii Acts in amendment thereof, m the manner, and to 
 the full extent nresci ibe.l bv the -said Act, ami shaL make the returns, 
 and pay the royalties, and con.ply with all the otlur provisions of 
 "The Mines Act," and the Acts in amendment thereof, then this bond 
 shall be void ; otherwise it shal 
 
 remain in force. 
 Signed, sealed, and delivered in the presence of 
 
 [L.S.] 
 [L.8.) 
 [L.S.1 
 
56 
 
 MINES AND MINERALS. 
 
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MIXES AND MINERALS. 
 
 67 
 
 [Form Q.] 
 (Section 157.) 
 Province of Nova Scotia, 
 
 County of . 
 
 {Xntup. to he inierted in full, with place of resilience and orevpntion.) 
 
 Know all men by tliese piuseiits that we are j lintly and 
 
 severally held and tirndy houu'l unto th<» C-ommiBsiniier of I'uhlic Works 
 and Mines for the I'rovinue of Novii Scotia, and Ida auccesaors in offi e, 
 in the penal sum of eight hundred dollais, to he well anil truly paiil to the 
 said Commissioner as aforesaid, or his successor in office, for which pay- 
 ment well and truly to he nuide, wu each of us iiind ourselves, and each 
 of our heirs, executors, and adininistratoi-s, firndy liy these presents, 
 
 healed with our seals and dated this— <lay of , in the year of our 
 
 Lord 19—. 
 
 Whereas, the above bounden under the provisions of " The 
 
 Mines Act," ha— applied tor and — - about to leceivea license to enter 
 
 upon lands situate in the county of -, contained within the following 
 
 limits : 
 
 and to din and explore for minerals other than gold, in and upon the said 
 lands, and this obligation is made in pursuance of "The Mines Act." 
 Now the conditions of this oMigiition is such, lliat if the above bounden 
 
 shall, under any such license graiifeil, or which may be granted, as 
 
 aforcsaiil, to , make entry upc)u private lands, and shall make 
 
 recompense for all danuiges, costs and charges to widch — shall 
 
 be liable under the said Aci. in the manner and to the full extent 
 
 Erescribed by the said Act, then this oliligation to be void, otherwise to 
 e and remain in full force, virtue, and ett'ect. 
 
 Signed, sealed and delivered, in the presence of 
 
 -[I..S.] 
 -[L.S.] 
 -[L.S.] 
 
 [Form R.] 
 {Sen ion 170.) 
 
 "^his indenture made this lay of . in the year of our Lord 
 
 one thousand ■ , between the (Queen's Most Kxcellent Majesty of 
 
 the one part, and , hereinafter described as lessees, of the other 
 
 part : 
 
 Witnesseth, that in considenition of the royalties hereby reserved, and 
 of the covenants aiul iigreeiiieiits herein coiitiiued, and on the part and 
 behalf of the sai i lessees, theii exe.nitors, administrators and assigns, to 
 be ol)served and pcrfonnod, our Sovereign Lady tlie Queen, of her special 
 grace, certain linowledge. and more motion, doth grant and demise unto 
 the said lessees, their executors, administnit.-.rs and assigns, all that 
 
 cert;iin tract of land, situate at gold (li.-itrict, in Uie county of , 
 
 known and descrilied as follows, that is to say : 
 
 An area, composed of areas of chiss number one, and numbered 
 
 ,„i the plan of tiie said gold district, signed l)y the C'omndssiouer of 
 
 Public Works and Mines, anil tiled in his otiice, as by reference to the 
 same will appear. 
 
58 
 
 MINES AND MINERALS. 
 
 And also, all and singular the l.o.ls. v.ins, sea.nB of goM and .ilvor 
 L.0UI beannK?Bilver.^tmng .,.uu t/, and oHkm; the gold h.annu rocks and 
 sUvL- Eng n,cks and nn'iarals, and .ol.MKar.ng and sdv, -Nanng 
 earth am all the gold a.nl -dv.r. ^^heIhe,■ in ,,ua>t/.. guun ..r othervvm., 
 fn siina ed nd h^mg w.tinn .ho linntsot the sa,. t,ac:t. and w.tlnn onder 
 in, Miiiaiei i>,.,,vi,hil always and it s the tiuo nitcnt ami mean- 
 
 ^:t;i'the :; t.a,:.n:;'i rUe; he.e,o tl.at notmn. hcem e... 
 
 iamedlmll n any n.anner Intel teie m ith any ot the rightH of the owner ,.r 
 ow e 8 o tU land in wh.eh sueh area - ..tuated. laU the .a,d r,gi> s are 
 rcser ed u>-to the .ai.l owner or ..wner.. their he.rs an. a.s,,n« ; an.l >t ,8 
 fu ther ag eed and nnder.to d that the said lessees shall not enter uito the 
 sada.^a without the .peeial leave and lie.nse .,f the owner or owners 
 rieof unlel thcsaid leasees have taken i,r,>ceed.ngs in accor.lanee with 
 "The Mines Aet." .,.1 3 
 
 To have and to h.d.l, the .aid tract of land, an<l the said l.eds, veins and 
 seams of y.! and silver, and gold.U.aring an 1 silver- n-anng quait/, and 
 Totl r the uoUlhearing roeirs and silver-hearing ro.ks an. miiiera s, and 
 lldh^r g^a ml silvern.ear,ng earth, ami g..hl and silver, wh.:ther 
 fn ,,uart" or otherwise, in, un.ler, ami upon the same to the su.l 
 lessees their executors, a.lmmistrators au.l assigns, for dur.n. am unto 
 tl,e fuU end an.l term of f..rt.v years, to commence an.l he computed from 
 
 t ' aav of an.l fally to he comiilete and en.le.l ; 
 
 \ieldinu and rendering to ..ur Sovereign La.ly the Queen, her heirs and 
 succtirs*' quarterly, ami ev.ry .puuter np..n t le hrst .lays .,f danuary. 
 Anril July ml October, in each an.l eveiy year .hiring the .M-ntiiuiance ..f 
 H>^i I'en se at the othce of the to,i,mis.si„ner ot I'lihlu' W ..rks ainl Mines, 
 It Hdi rVn of the Depulv Cmmissioner .,f Mines f..r the .llstn.t, a 
 SvaCf Iwo pe tnt.\,p.m the gr..ss am..unt of uohl and silver obtained, 
 Xec?i., wrought, or g..tten fr.un ..r out .,f the sai, .l.m„s..,l premise. ..r 
 ouTof a V quart/, slate, n.ck, mineral, ..r earth mined, obtain... , ha.l o g..t- 
 Sout f rsameinany.a^ <'"-'> 'I'S^'y. '"■ "t'"''' "'''V" 
 
 cruslied bv licensed mills, at the rate .,t nineteen .lollars per .mme tn-y, 
 fir smelted gol.l, an.l eighteen d..Ua.s f.,r nnsmelte.l g..|.l. at the ra e of 
 one .loUar per oniee, t^.y, f.>r silver '.Kid tine. An.l m ad.lit,.,i, yifhlmg 
 ami e der ng unto onr Sovereign l.,.ly the Queen, he, heirs an.l su..cess.,rs 
 a nal in advance .... or betoie the ..ate (,t the lecui.eme of the .lay of 
 the atV hereof, the sum ot titty ce.its f..r every a.ea or pait .,f an a.ea 
 hereby g.ae.l or .lemise.l, pM>v..le.l in .■espe.:t of such payiiKnt that .f 
 u anv vcar the labour .e.,u.rcd ..u.hr the proyisi.ms of " Ihe Mine, 
 Act^' has been ne.f..rmed, an.l .■.turn ihere.-f ...a.l,. t.. the CommisMo.ie.s 
 a . f.. d. tt-'sai.l annual payment .,r .en.al shall upo.i ap,>llcat,on be 
 mlde to the sai.l lessees, their e.xecut..rs. adminislrat..rs ami asMgns. 
 ' Am th sai.l lessees .lo herehy ....venant, p,-.,mise an.l '^f''^," -;;.-; 
 • 1 u ... ; .. I •i.lv 1I1C (lueen her U'irs ami sni'cessors. that tlie saul 
 ;::^r tE,"^" tl^S^d' mloMiatms an 1 assigns shall an.l will well an.l 
 truly pav ...1 .leliver. ..r .:ause to be pai.l an.l .leliver...! t., our Sov..,-...' 
 1 u,tirn,H.cn her heirs ami success.,is, at the limes an.l pla.es, an.l in 
 U:;; i^.ann.i'Xnil^d, the said u.yalty hereby reserved ...uler the terms 
 and ur.)visions of this lease. , . • . , 1 
 
 And also thatthesaid lessees, their hei.s, cxe.ut. is a.lu.iinstratorsand 
 asslr. s "al ml vviU during the cmtinuanceof this .leniise. kcp or .ause 
 ?rbe ke one ..r more b.,.,i;..r b.,oks of ac.mnt, whc ,n true en.rms sha 
 ,e made of all such g.d.l an.l ^.d.l bearing .,uart., silver ami ><'l^ '■'•'" « 
 nmit/ n.l miuerals.^in.l .,ther r.,ck .•.mtaiiung gol.l or .*"1--|"N^';;1 ' *-' 'j' 
 ^ iu,„. in ,r, .in or olhei wise, as ar.' from tune to t im^ mim'.l , w 1 i.u-ht , had 
 
 thS.. ae 1. dlv eiiiph.ye.i in the w-..rkin, ..t the sanhleinisc.l |>r..|ins. s ami 
 1 r .n be f . ays- labor performe.l by such men. with the r.spe.l.ve.la es 
 ler and ad the nanles of the peis.m .,r p. rsons to whom a-'V 'I- a z 
 
 o «dd-bearin"..i silver-b. aring .•a.th ..r other g..;.l l.eariiiL' ..r silve, b a, - 
 h i^ teria r.se.l fro... the .l.inise.l premises has he. n sold or .lis, os. .1 of, 
 wi'th he ice or the percentage upon the yi. hi ther.ot rece.v.,1 .heref.,r, 
 Tt^d I '.^ vegl.t.. a.iy .p.ru./.,r other ,ol.l beari.ig or s.lverbeanng 
 Iteda a sed t'om the .lennscl p.e.nises, which .s sent to any licenced 
 
MINES AND MINERALS. 
 
 59 
 
 mill for crushinj? (]Martz, the name and ilcscription of the mill to 
 which thn Hiiine h is l.uiMi H.Mit, an.l also thu yiel.l of ^olil and silver from 
 such (i.iavtz or other inalcrial as returned l)y the mill owner ; and also that 
 anchhookor hooks of acoouiits shall at all limes he open and siibjeut to 
 the inspection and examination of the Commissioner of Piihlic Works and 
 Mines, or of the Deputy Commissioner of the District, or of the inspector 
 of Mines and also of any otIi.M- person or persons thereto specially 
 appointed hy the (Jommissioner of I'ul.lie Works and Mines for the time 
 hein- ; and iilso that the said lessees, their e.xeeiitors. a.lminiatrators and 
 assi'Mis, shall upon the tirst d.iys of .January, April, July and October m 
 eaeh an.l every year .lurin;; the eontiuuanee of this dendse deliver or cause 
 to he delivred to the ( 'ommi.ssioner of I'uhlic U orks and Mines at Ualitax, 
 or to the Deputy Commissi,.ner of Mines for the <listriet, a true and oor- 
 re 't return on forms to he supplied l.y the Conimissi.mer, which sha 1 show 
 the particulars presciilied and uMiuireil hy the one hundred and eighty htth 
 secti.ui of "The Mines Act,'" verified hy an affidavit of some one or 
 more suitable person ,n- persons employed in or about the working or man- 
 anem.mt of the min..s hereby f^ranted and demised, ma.le before the Lorn- 
 missioner of Min.'s or a Deputy, or dustue of the Peace, and shall in all 
 respects obey, abide by, perform and fulfil all the rH,,uirenients of the said 
 
 Act 
 
 And likewise, that the said lessees shall annually cause to bo employed 
 on the demised premises so manv men as shall make the whole labor per- 
 forme.l thereon during tlie year in openinj; and working the saul mines 
 
 anwumt in all to tl,e number of days' labor; ami also shall and 
 
 will duiin.' the continuance of this urant or dem-so, work the said mines 
 in a goo 1 and workmanlike n>an„..r, and shall and will, from time to time 
 and at all times during the continuance of this «rant or demise well ami 
 etleetuallv maintain and support all and every the working pits, shafta, 
 levels drifts and water courses of and beh.ng-.ng to the said mines, with all 
 such Umber and deals and other materials as '^■■'' ,71"'^''« "■' X'^l^id 
 for that purpose, and so as to prevent the same and he roofs 'f « «^'^1 
 mine fro n falling in .n- beiui; otherwise dama^M^ ; and shall and w 11 at the 
 e '.• other sooner determination of the said term, peaceably and M"ietly 
 Ved and deliver unto theCon.missioner of I'ubbc Works and Mines, or 
 
 Jhe ivnntv C missioner of the district, or such other person or persons 
 
 asth euten nt-(iovernor for tlu= tin,e bein. shall appo hit under his 
 siU ma 1 to receive and take possession thereof, all the sa.,1 mines, and 
 all ail simodar ..ther the premises hereinbefore mentioned, except such 
 fur ces m'ines, n.ills, forges, foundries, railroads, implements, h.u.ses 
 a d uildi -^ a^ are not attaelu,! to the freehold, m such goo,! order, 
 p i d o dition as fair.wnm.ht mines ouuht to be left with such tini- 
 
 ei ealsand other material us af -resai.l (such mines as during the term 
 .;i V granted are abandoned bv reason ..f their being unproductive 
 on V ex.vp e.l.) Provided always, and it is hereby agree.l and declared, 
 a i the s; i,l lessees, for themselves, their heirs, executors, a-lmuiis rators. 
 a ii.i s lo accept this grant ..r .lemise under the condition tliat^ in 
 
 c se letT lit is ma le bv Ui. said lessees, their executors, adin.nistra- 
 t HO asi'o.s. in keeping su<.h book or books o account or in making 
 el. entrr; therein, o'r in deliverii..^ such atiidavi, or atlvlav, s as afore_ 
 s n pavment of the sd,l rovalties hereby re.served, for the space of 
 
 t d vs f er the period he,einb..fore appointed for paying the same or 
 n tl ckeep n. anuu .!lv employd on the demised prennses the amount of 
 b, here .rbove speMhcd : or if the aflidavits hereinbefore set forth and 
 r ire be male are false ami fraudulent, or any other covenant 
 
 e 1 contained is not kept and observe/., then, and ,n any or either 
 tsaicses these prese'-.ts, and all and every the powers and pnvi- 
 U.esherebv granted, sliall be utterly null and voi.l, anything to the con- 
 trary thereof in these presents iiotwithstan bug. 
 
 Provided always nevertheless, that it shall and may be lawful for the 
 said lessees their executors, administrators and assigns, at any ime or 
 t'i e ' >e a ter. when so min,lcd. t<. give notice in writing and he the same 
 i he tfice .,f the Deputy Commissioner of Mines of the district, or of the 
 Co n mi s oner of Public Works and Mines ,n any district where there i. 
 
60 
 
 MINES AND MINERALS. 
 
 nn deputy, netting forth that they are (Icsirous of surremlering this lease ; 
 and in such L'i««e bo simhi as uny such notice is so fileil in the office of 
 the Comniissioier of Puhlic Woiitsand Mines, tlie interest and estate of 
 the said lessees in the demised preniiHcs sliall fortiiwith revest in lier said 
 Majesty, and the said lessees, their cxecutois, administrators or assigns, 
 shall thenceforth cease to have any interest therein, or he liahle under the 
 terms and provisions of this IciiRP for any royalty, except the royalty on 
 gold or silver mined and ohiained up to the dute of the sai 1 surreniler, or in 
 any other way than from quartz or other material clashed at any licensed 
 
 ""i' . , • r ^1 
 
 Provided also further, and it is the true inttnt and meaning of these 
 presents, that the said lessees, their executois, administrators and (..ssigus 
 
 shall continue and remain liahle under tho conditions of this lease ?<.i am 
 
 ^ ^ _ il 
 
 in respect of any matter or thing herein or lierehy covenanted to bo 
 done or performed and for which a liability existed at tho date of 
 such surrender, ami also shall continue and remain liable for all royalty 
 due as last above mentioned at the date of said surrender. 
 
 In witness whereof, our .Sovereign Lady the Queen has caused — -—, 
 Commissioner of I'ublic Works and Mines for the Province of Nova 
 Scotia, to subscribe his hand and seal of office to this indenture, and the 
 sail) lessees have subscribed their hands and seals thereto. 
 
 Signed, sealed and delivered by the said Commissioner of Public Works 
 and Alines in the presence of , 
 
 By the said lessees in the presence of 
 
MINES AND MINERALS. 
 
 61 
 
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 S 
 
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 Grs. 
 
 
 
 
 
 
 
 
 
 
 
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tt2 
 
 MINES AND MINERALS. 
 
 (Form T.l 
 (Sertion 102.) 
 Province op Nova Scotia, 
 
 Haufax, SS. 
 Namt* to he inxertel in full, with pinre of rettdence and ornipntion. 
 
 Know all iiu!n l)y tln^sc piosciit'*. tluit wo an; jointly anil Hevor- 
 
 ally lieM ami tiiiiily lupiiinl iiiiIm tlif (^oiniiiiiHioncr of I'lihlir; Works ami 
 Min<!s for tho I'rovim'i' of Nova S, ,)tia. and liiM Hiicc^emors in olli.ic, in the 
 penal nuni of Ki^lit llinidro'l nollais, to Im- well anl truly paiil to tho rniid 
 ConitniHsioncr as afort'saiil, or his sncci'ssor in olli f ; for which paynitnit 
 well ami truly to ho tnade, wo anil oai'h of us hiinl oiiiHolvt's, ami each of 
 our heiis, ('Xi'culors and ailininistriitors. (irmly liy these presents. 8('aled 
 
 with our seals and dated tliis -— ilay of in the year of Our Lord 
 
 19— 
 
 VVhercas, the almvo-honndeii under the provisions of "The MinuR 
 
 Act." ha applied for and ahoul to receive a license to enter u|)ou 
 
 lands situate in tiie county of- 
 
 contaiiied within liie foUowiuj,' limits: 
 
 and to dig and explore for minerals other than >.'old, in and iiiion the said 
 lanil. aii<l this oblijfiition is madi! in pursuance of "The Mines Act." 
 
 Now tlie eondition of this ol)lif,'atioii is such, thai if the ahove houndan 
 
 under any such license ("ranted, or wliicli may ho yranted, as aforesaid, 
 
 to makes entry n|)'in private lands, and makes recompense for 
 
 all damanes, costs an! charges to which sh ill he liahte umlor the 
 
 said Act in the manner and to tiic full extent prescrihed liy the said Act, 
 then this ohIi..'ati()n to he void, otherwise to ho and remain in full force, 
 virtue and effect. 
 
 Signed, sealed, and delivered in the presence of 
 
 [US.] 
 
 ri..s.] 
 
 [L.H.\ 
 
 [Form U.] 
 (Sertion /;«.) 
 
 This indenture, made at Halifax, in the Province of Nova Scotia, this — 
 
 (Jay of •, in the veir of our Lord im<\ thousml nine hundred and 
 
 , hetween tlie Convnissioiier of I'lililic! Works and Mines, on hehalf 
 
 of tho Queens Most Kxcellent \Iaiosly of the one part, and ■, herein 
 
 de3cri'>'.Ml as Lessee or Lessees, of 'he other part. 
 
 Witnesseth, tiiat in consideration of the rents and royalties herehv re- 
 served, and of t'le covenants and a„'reeiiieiits iiercin contained, and on the 
 
 part of the sail , ex vvit o-s, a I niiiistr it >r<, or assiL;ns. to he 
 
 ohserved and performed, our saiil S ivorei.'u La Iv the (J lenn, of her special 
 fjrace, certain knowldlu'e, ■md mere motion, li ith t!riuited and demised, 
 
 and by the»e presents, doth i;raiit and clemise unto tiie said , 
 
 executors, administrators, or assigns, all an 1 sin.;alar •- , whether 
 
 opened or unopened, within, under, or upon all that tract of land situate 
 
 at , in the coiiety of , and province aforesaid, and described 
 
 as follows, that is to say : __^ . 
 
 containmji 
 
 square mile — more or loss, in manner and form as the 
 
MINES AND MINERALS. 
 
 said area in specifieil iiiid dt'linuatuil. Reserving thereout a utrip or margin 
 of (I'll yiii'clH ill width, ninniii^ nil iikuiimI the lot ilcHciihed. V\ hich umA 
 hit iH M!t lorth iiiid ili'l'iii'iitcd ii|Miii the phiii hi'ieto aniifxed. Aiid, uIro, 
 8(1 tiir UK llci Mil jcNiy laii, or iawtiilly iiiiiy. ^ive or giuiit tiiu Hanie, lull and 
 
 fruu liln'ity, lici i.hi; and luilhcuils to himI tor the naid , CNecutors, 
 
 iidiiiiiiihtiiitnin, or artigiiH, , iuid tiiiiiiitH, Beivaiits, agents or 
 
 WDikiueii, to search tor, dig, work, and take kirIi and to make and 
 
 iiMe any |iil and |iit.s, tieiKli and tieiiulie«i, (jiiarry and i|iiuriie8, groove 
 and gi'oovcH, to Olive and ii.se any ilritt and niiltx, water-gate and wutjr- 
 galeh, way-gale and way-g;itis, air-^ate and aii-gateH, waler-eoiiise and 
 water com »tH, iih well lor wciking, Miiiiiing, ohtaining and getting the Buid 
 
 , aH aUo tor \oi(liiig ami 'anting avvay the water, tout air and 
 
 ruliliihli troiii the inineH tlieiei>t, and aUo to iiiake, line, or eiijciy Hutileient 
 and ((iiivenieiit )iit-i<Mjni, ground-iooni. and hi'ii|i-rooiii witliin the liinitii 
 of the waid tiael or distriel liereinhetoie de»<;iilied, for the laying and 
 
 jilaemg, as well ilie whii li liii.t lieeii heietolore had, wrought, won, 
 
 or gotten, or whi> h Ih from iime to time heiealler had, wiought, won or 
 gotten from or out of the mud lllin('^<, o>' any of them, an aUo all HUuh 
 Blones, gravel, saiiil, deads, and iillur Hihliihh whieh has lieietotore pro- 
 ceeded, or been liad or gotten, or wliich Hliall from tiiin! to time hereafter 
 proceed, or he hail or gotten, tiom or out ot the said mines, or in the 
 
 working or digging thereoi, or in getting or raising the said -, and 
 
 also to make, place, eieit, and ^et up, nr use, wilhiii the liniitf of the said 
 tract, all such gins, engines, luinaces, rcliiieiies, cupolas, toundries, cranes, 
 forges, mills, houses, stables, hovi Is, lodges, slutls, othees, and other 
 niachiiierv, buddings, and uiei'tions. as shall troiii time to time he needful 
 or convenient for opening, woikingor drawing the said mines, or any of 
 them, ami for h.dging, st.uking and depuBiling or placing the same, and 
 for burning or making bricks, tiks and puies, and tor withdrawing and 
 carrying awav of water trom the said miucs or any or evet y of them, or 
 for the stamling, loH;.iiig, laying or phn ing of the workmen, workhouses 
 and woik-gcar to br i.m li oi emph \cd iii or about, the muking or carrying 
 on. till' works ot the .-aid mines, and also, w ilhiii the limits of the said 
 '»• u t to use and enjoy all such gins, engines, turiiaces, rel.neiies, cupidas, 
 •id'ies, cranes, huges, mills, houses, stables, ho\els, lodges, sheds, 
 ues, and other machinery, biiihliugs and eiei timis as lia\e been liereto- 
 lore made, phu ed or eic. led, or set up, wilhiii the limits of the said tract 
 fo.- the piiipiises aforesaid, and are now standing, or being thereupon; and 
 also within the limits of thi! said lia( I to use and enjoy blitlicient and con- 
 Vdiicnt way, have and libeity ot passage; anil liberty to make, lay or 
 place one or more way or ways, railway or railways, tiamroad or tram- 
 roads, and to remipve, take away, and amend, ami repair, alter u..d clia>; 
 the same respectively, ami to take, lead, ilnvc and carry away, in, tlire.. ^1. 
 along and over the said way oi «ays, railway or railways, truinroail or 
 tranMoads, and in, through, along and over any way or ways, railway or 
 railwiiNs, tiamioud or liamroads heietofoie made and now subsisting with- 
 in the limits of the saiil tiacts, and with horses, carts, wains, wag- 
 gons, and with any other can iage or can iages, and with engines, all the 
 
 to be had, w roiighl and gotten tnith and out c)f the saiil mines, 
 
 and all other iuIkIcs, mauiials and substances necessary or convenient to 
 be lenioved theietrom or (iiiiveytd thereto, and generally to have, hold, 
 use, an<l enjoy, during the contimiuiue of this grant or demise, all other 
 powers and privileges wliatsoe\ei, within, o\er, and upon the said tract 
 which shall or mav be u.-eful, ueccssaiy or convenient, tor, in, or about the 
 searching for, winning, woiking, having, exercising, digging, getting or 
 draw ing of, fioin oi out ot the said mines, or any ot them, and taking and 
 carrying awav the same, and for slacking or lodging the same or any part 
 thereof, and which Her Majesty can or lawfully may give or grant to the 
 
 piliil , execiitois, admiiiisliators, and assigns, and tenants, 
 
 servants, agents and \Mirknieii, doing as little spoil and damage of ground 
 as possible"vuhiii the liihit.s ol the said trad in searching tor, winning, 
 working, having, exercising and enjoying ot the premises, ami of the 
 several powers, liberties and privilege-, herebs granted and demised. 
 
 To have and to hold the said mines, powers, authoritiuu, and all 
 
 68 
 
 the 
 
64 
 
 MINES AND MINERALS. 
 
 an.l Hi..«nlar other the premisei. hereby granted or (leminc.l o"" "^P^"*'"''' ""J 
 
 f" en M L to he. unto the Hui.l executorH, a hnmiHtru tors, an.l 
 
 aS» f- r ' U..1 '1 '-in^J. an.l ..ntil the fnll eml un.l ter.n o twe,.ty yea . 
 
 rcon nonce a.Ml he .o.npnto.l fmn, the -— '- the year ot (ur 
 
 Lor.l".nL thoa.a«d nine hui.dre.l an.l . an.l fully to he con.plete.l 
 
 *.„1 if t If sail! executors, a.luiini»tr!itoiH, or a8Bi>;n», six 
 
 „,.^Sh .roviou.t.. the expinau... ,;f.he t...,n.r..i.y .U^^^^^^^^ 
 
 in wntiim to th.s c;ouiMii»si.,ner of I'ul'lu' VN orks an.l Minos of— mten 
 
 ,".n t m.ew the naid lea.e for a p.'rio.l ..f twenty y.ar. from the oxp n ■ 
 :;,: thereof, then the sai.l— -—-exeentorH. '"'"''"'"V'^'';-- 7; ''.'^^'^i'^ 
 shall he entitle.l to a renewal the.e..f for «uch ext.Mi, e.l tenn. '>'*•«' 
 Ban.e ter.ns. con.l.tionH an.l c;;venant. as are ..outame.l m t -'He ene « 
 or a8 are in-eserihe.l hv "Tie Mii"'s ^'•^' ""' '"> '"'V '^''* """ '""y 
 be ptHse.l V 1 i le^iHUture of the provin..., an.l in like nuu.u.r upon 
 g vi ;T Ikenot.ce la^..re the expirath.n of «u. h -enev..-. tern, " ^ »~' 
 renewal an.l exteuHh.n ..f tern. .,f twenty year, fr.un an.l after '« «M " ^"^ 
 th.nof mich renewed term; an.l in like manner, up.m kuh;;; I'k'' ' "<"« 
 iXrc the expiration of such see.-n.l renewe.l tern, to a ih.r.l renewal an. 
 extension of {wenty years fron. an.l P.f.er the expi....mn .. -•'■--;;;• 
 term • I'rovi.le-I, that at the time ..t giving such notice, an.l at the xpira^ 
 tio of L ch terms, respectively, the sai.l- -_-- exe.M.to.s, a.lm.ms ratorB 
 an.lasHiuns ors..meor one ..» them. - (an.l shall continue t.) he) /». -a 
 Sr, U.g the area hereit.heforo .le«cr.h...l, an.l - c.,n.p he. wUh the 
 CmZ ooveLnts an.l stipuh.ti.-ns here,,, c.,ntain...l w,t ,,n the tr,,.; u^ent 
 an.l meaning ..f section two l,un.l,e.l an.l ..ne ..f '■ 1 he Nhnes A.^t ^n . 
 pr.,vi.le.l. that in no case shall such renewal or •••■";'^^'''';,"^' ] ' ' , ^ 
 con8true.l to exten.l to a perio.l heyon.l eighty yea,s f,o„. the .latt of tl,e 
 oriuinal lease. . ,,,/-. 
 
 ViehlinK an.l ren.lering theref..r unio our Sovercgn l.a.ly the Queen, 
 her heirs an.l successors, .p,arl..rly an.l eve.y .p,a,ter. on the hrst .hiys 
 of January. Ap.il, -lulv an 1 Oeloher, r.,.spect,vely, .l>u„,g the .onlinuance 
 of this g,-ant or .lemise. to sn.-l, peisons an.l at such ph.ce ..r pla.:es as the 
 
 (;overnor-in-Council .lirects for the use .)f the ,,r.,vi„.;e,— -— — " 
 
 which in any ..reach year cmmcncng with th- .lay of the .late he.e- 
 of. an.l thenceforth .luring the eontinuan.^.^ of this grant <m- .lemi.sc, are 
 
 wmuglitor gotten f..rth ..r .u,t ..f the sa,.l hei.-hy g.ante.l ..r 
 
 .1emise.l. Ami in a.l.lition viel.ling an.l ren.lei i„g unt.. ..ui ^overelgn La. y 
 the Queen, her heirs an.l succe j..is. annually in a.lvau, e on or hefo.-e the 
 date of the recurring annive.-sa.y of the .lay ..f the .late luMcf. the su.n .,f 
 thi,-tv .loUars for every a,ea of ,me s.,uar.. mile or p.,t ..f a s.pu.re nille 
 hereby grante.l ..r .len,ise.l, p,-..vi.le.l in respe.t of such pavmei.t that it n 
 any year the quarterly payments ..f royalty l,e,e,n p,-ov,.le.l f.jr an.ount to 
 a sum greater than that .lue as an annual paynu'nl ..r rental, hen up.m 
 application the sai.l annual payn.ent ..r rental shall ''« .''•f"',"'-." ,*" « 
 
 g^i'l - execut..rs. a.lininiHtrat..rs an.l ass,gns. Pr.,vi.le.l that the 
 
 lekiislatme shall be at liheity to incease. .liminisl, or nth.|rw,se change 
 the royally in,poBed by these presents or renewals thercf, ivs it 
 
 thinks tit. , . , , . 
 
 Ami the said for executors, a.l,n,ii,striitors an.l assigns, 
 
 covenant with ..ur Sovereign Lady the Queen, her heirs and 
 
 successors; that the sai.i execut.u-s, a.lmin.Ht,at..rs an.l assigns, 
 
 shall by tenants, servants, agent-* ..r workm.ni, ..pen, ilig. an.l /".»a 
 
 Me an.l .■ffectually work 8..me mine or mines, seam or ^camo -- ;- withm 
 
 the said lan.l he,ei„bef.„e descrihe.l. an.l ext.act an.l ,a,se the.e- 
 
 f,-om an.l t,ansp..rt .u,.l sen.l fr.un thence f..r sale .-r use, an.l shall f.om 
 hencef<.rth continually afterwar.ls, .luring the ....ntmuance ..f this lease, 
 bona fi,Umu\ effectually w.uk the sai.l o, other an.l avaihtblc mine ..r m,„es 
 
 seam' or seams ..f , within the s.i.l Ian, l,ere,nl...f..re .t.«cr,l,e.l. »nd 
 
 sell or t.an8p..rt f.>r sale, the extn.cte.l ..r raise.l the,ef,..m, acc.i.l- 
 
 inu to the true intent an.l m.caning .>f these j,r.:sc„ts. 
 
 An.l also shall well and truly pay or .'ause to I..; pa,, unt.. ..ur ■^"V"i'"i^:n 
 La.lv the Oueon, her heirs an.l snccessois, thi'..agh the han.ls or by the 
 receipt of the Commissioner of I'ublic vVorlts auJ Mines, of the saul 
 
MINES AND MINERALS. 
 
 65 
 
 nrovit.co, al tlie tiino ami ii. the nmnner herein provi.lcd, the mul rt.nt« or 
 
 rovaltieH hereby renervt.l or ii.tuiule.l ho to 1m> ; uiul that the s.iKl- — 
 
 exLut,,r.,a.i.niimtrator., a..,la»-ixnH «hallu>.,l will. .h.nu« the e..., u,.mnce 
 of th.H.i-.uiHe. keep ..r cau.o to he kept, one or m..ro b.mk or l.ooU of 
 ftccoimt, wherein true entrien nhall he n.a.le ot all Huch _ as are 
 
 from time to ti.ne wrouKht or Kotteu orth, or out o , the Haul I'""!". »"j 
 
 the he.l. ami seaiim hereby graiiteil an.l .leuMse.l, ami of all -J la 
 
 or othorwiHe u«..l an.l conHU.ne.l l.y the Ha.,1 '"";;■'"" Hv^i 
 
 t'atorB or aBsiuiin wirkiuen or HcrvantH, on ami trotn the .ay of 
 
 the .late hereof, .iu.i..« the oontinuan..e of thi« ^rant or .lein.He; '""I » 'J'^ 
 t Bhall he lawful for the t;o-n,nU. oner ..f PuM.c ^^ ''■■.^«;'';' •,''-, J'' .."^.^ 
 time heiutf, or such imrson or ,-er8oii8 an he appf.mts un.lei his hami 
 . n niVti.ne,t<.'l.ave f,ee'a...eeB« an.l liherly to .n.pe,=t an.l take 
 CO e» .rtl e Hai.l ho.-k or h.mks ..f a..e..unl, An.l that the owner a«ent 
 r ante. Hhall an.l w,ll on ..r before the tenth .lay ..f t»"' "''>"''; '^f--; 
 narv Vpril July an.l O.t.ibe.. in .-a.jh an.l every year, Hen.l t.. the l. in- 
 Snn.T f I'.blie \N.>rkB an.l Miu a .■orrect return, 8pe..fyn>K the 
 uuaXtl .. -— K'.tten in su.h n,i..e, the pn.bable use an.l .leBt.nat.on 
 
 o t e Ha.ne ami the uM,.,nnt of n.yalty whi.'h h .« accr.j.Ml up..n Hi,.,h 
 
 «xt ua.M ll. K the l'-"vi.."H .(uaner. An.l likewise that the mu. ..wner, 
 r«e t u .. .g*.-hall an.l will on or h«f..re th., ant .lays ..f • anuary. 
 Z • ■ " V ana ()..t..ber in ..a.^h year, .on.l a .•orr.Kt r.turn to the .>nv 
 inLioner Bne.ifvH.L! the numb'^r ..f .lay.' lab..r an.l the nun.ber of persons 
 " r ; t^ .l-ii".^ in un.l ab..ut .u..h n.ine. beU.w ^'--^ •;:';, ^;'-- 
 ..voun.l rin.l the liHer.'.nl .lasseH of pcrs..n« «.. etnph.ye.l. un.l the ....*.t .ml 
 Tie ZiPt .m . Lll the Hhafts, .luarrien. sh.pes, levl. planes, w..rks n>a.,h.- 
 er^^'^^~ railwa ssunk, .Iriven. opene.l ..r ...nstruete.l .ln,.n» 
 
 theV.re ' .. in .,u c t..', s...h' returns to be sw..rn lo by t w, .,r n,..re .re.hble 
 p"s!m' prin'.ipallv -.npl.-ye,! in or about the worU.n, an.l n.ana.en.ent ..f 
 Hu.hmine, bcforeae.,n.n.issi..nerora,Justi.>eoftheleaeL. 
 
 , I , ,.,„, n„. uuiil execut.irs. a.lniini«trat.)r8, ami assigns, 
 
 shir In I ; hm.;!. ...ntinnane.. of tins ,rant or .len.ise, ke.^ am 
 tyl h^. ni ' at all reas.-nabl.. tn.,..s t.. the On.nnssu.ner ot P.ibhc 
 
 works whatsoever belouKinn thereto. 
 
 Mines '^PP'""""' "', , en e w he.', u, - ften as a-Py .,f the shafts ..f the 
 this p.x-sent K.-ant oi . eimse, wnui a » • „ engi.ies, 
 
 sai.l n.i..es a.e at w..rk, -. H-e.n.l J -,' 'P'^-.tl!;:;,;,,,, o,' whi.h^hall 
 or othe.' «t..ns.ls ^'^'}j^"^"^J^„yJ,,y,>i ,1,....., into tbesai.l .nines, 
 bel....K to the sai.l .nines « ;^\7,'- >;, ,' .f^. ,iew ami survey the works 
 .hafts, or pits, or any of the. *. P'"' ;' ';! ,^ ^, ,„.,. ,eg„la.ly and fairly 
 there,.f. an. t., view '"'' f ^ ^' '^ J;,;^/^.^ ^ an.l mtLs f, asee...l and 
 wrouKhtan.l '■'":V''' ""' '"IJ ^a .1 t" < r any .-f .hem, an.l .hall, and 
 come up thesa.,1 '"'"l^;/'*' f/ , ! ^^ ^ assistance of the wo.kmcn 
 
 may, in the .l..u.« ''^ '^',f ,,";,,';,, ',eli.l mines, or of such other person 
 an.l servants ..npoye.l,,....«.tt^ ^^^^ ^^^^^^ ^^^^ ^^^., _ 
 
 :xe^X;s:ali:it;at:;;:'aml assigns shall an.l will, from ti.ne to tune 
 
66 
 
 MINES AND MINERALS. 
 
 and at all times during the continuance of this grant or ^^e-^i^^' 7«" '"f 
 etfectuallv maintain and support all and every the workinj; pits, shafts, 
 Erdnfs and water courses, and all and every the works requ.nng 
 he ame, of and belonging to the said mines, wUh -^"^^jj timber and 
 deals an.l other materials as are requisite or necessary for that pur 
 S; and so as to prevent the same and the roofs of the said mines from 
 LTlinHn or beinj otherwise damaged. And also that the «»"»—.-— 
 ex c Irs, administrators, a.d assigns shall during the ^- '""--,'; j*'" 
 demise well and truly open, lay out and work all mines opened or 
 wo ked, or wldch shall be opened or worked, within the said Ian. herein- 
 before described, drring the said term, in a sk. Iful. woikmanl.ke and 
 actitit^ manner and shall from time to tune, and '^tall times adequate y 
 urovide for the strength and security <f the mines, vaults pits, an.l the 
 S an 1 roofs thereof, and the ventilation within, an.l the 'l-a'"age of 
 the satl mines, .md each of them, accor.iing to tne most pe. feet wa>« '^"J 
 «,ea.s which are, or which n.ay hereafter be, known and approved, n. to 
 be «se7.?i fair w cught mines, and shall obey, abide by an.l keep all such 
 Sgrtions as have l^l-retofore, .,r shall hereafter, be "}-^ ';>;•■- VJ-f'^Jd 
 in U-.uiuil, for or in respect to the proper working of the said ""'»-«< ^"« 
 
 shall ai..l «vill at the en>l. or other 3"';"«r df ^'-'^'^Vk" 1 : rerson 
 
 «n,i of this lease oeaceablv an. (luietly Yield and deliver u..-' h person 
 
 o p rso s .ursovereign La.ly tlte' Queen, her heirs and successors 
 aUoi.r "1, ler the sign nVanual of the Lieutenant- Governor of the said 
 pT ice ".r the ti.ne'bcing. or un.ler the (ireat ^-'/'^ t'-, -\Vr.Xs'''urd 
 or under the hand and seal of the Comu.-.ssi.-ner of Pubic ^\",ks and 
 Mi.^s of the sai.l province, to receive, an.l take posseBs.on t!,ereof, all tho 
 sa mines an.l all and singular other the premises heteinbefore ment...ned, 
 Txcip rch f rnaees, engines, mills, forges, foun.lries, radroads, iinpte- 
 LeX ou es or builditits, as are not attache.l t., »'- f >■-''"<'''" ^"^^'^ 
 goo.l<;rder, plight and conditi.m as fair wr.mght !"'"«^ "'f ';*, " J^, '^f*; 
 with such timber, .leals and other n.atenals as aforesai.l '«"" """«« ^^ 
 .luring the term hereby granted are abandoned by reas.m of then ...-ing 
 
 unproductive .inly excepted). , , , i „ i tUo o„;,4 
 
 Frovide.1 always, and it is hereby agreed and .leclared, a d the sad 
 
 _1 execut.>rs, a.iministrators, or assigns, -accept this g. ant .ir 
 
 demise un.ler c.m.liti-.n, that in case any .lefault is "'«'»'; ,;y^';,«,X 
 
 executors, a.iministratois, or assigns in keeping nuch b.-okot books 
 
 of account, or in .lelivery ..f such affidavit or affi.lavits as aforesaid, or in 
 U>e p-.v.nent <.f the sai.lfents ..r r..yalties hereby reserve for the space of 
 fortvtwo .lavs after the period hereinbefore appoint. ...r paying the 
 same, or in laying before the Commissioner of Public W ... ks an.l Mines o 
 the sai.l pn.vince such account or accuots n. writing as aforesai. , or m 
 keeping an.l having forthcoming, as aforesai.l, such plan or plans, as 
 
 afo e u.l, or if the said executors, adn,inistrator« <.r assigns, at 
 
 a V t «"'-t.me, hereafter assigr-, transfer-, or set- over or otherwise 
 part- with the premises hereby ^rante.l, ..r any part or parcel thereof, or 
 K the sai.l tenn or any part -hereof, or this lea.se, to any p™ or 
 persons who.Msoever, tor the tertn above grant-.l or ,my portion thereof 
 with..ut the license, consent an.l appr.A.at.on or ratihcation of our said 
 Sovereign La.ly the (^ueen, her heirs and successors, to oe sigmhed as 
 
 afmesaid oc if the sai.l execut.)rs, administrators or assigns, 
 
 not c.mtinue .luring thi ■ -Ionise, fron. the .lay of *>'« '''''« •V'^T^P/hetu; 
 the honn lUU an.l effectual working of the sav, mines accor.iing to the tiue 
 intent an'.l meaning ..f these presents, as hereby mentione.l, or if the sairt 
 
 executors, administrat.irs or assigns at any lime or times - - not 
 
 open, or w..rk, or not strengthen and secure, or - ■ not 
 
 ventilate or .Irain the mines opened. ..r to be opened. >^>thin the 
 sai.l land her.inbefore .Ics.ribc.l under this lease in a »ki Ifu , 
 
 worUmaulike and scientific manner, as aforesai.l. or n.,t m 
 
 every particular fulHl and k.;ep tiie covenants af.-resaid, on -- 
 
 part t.; be observed, or any of them : l-hcn, and in any and every of the 
 
 L.i .^ase>. wlien the same, or the failure of the saul --, executors 
 
 admini»t,ato,s, or assign , in a..y of the said covenants. >natter» ..r tilings 
 has been a.lju.lged or declared by the Commissioner of Public VNo.ks 
 
MINES AND MINERALS. 
 
 and Mines of the .aid province, or three or m,.re "^ f « J'^'^^^^^^^ft^iX*?! 
 of the said province, to have ari«en or happened the P'^^^f ,'''"7* 
 mtent and ill and every the powers an.l privileges hereby granted, shall 
 b^'utteVlv null and voidf anything to the contrary thereof in these g^^ 
 notwithBtan.ling. without inquisition, ,nre/anas or "t^er prooeecln^s, to 
 deterniiue the same, ^a,ich procee.lings. nevertheless, o"" »"y "^, /^^T^^J 
 .hall and may be lawful to institute and carry on. on behalf of our 
 llii] SovereiL-n La.ly the Qneen. her heirs and successors, if she oi they so 
 thSks fitthrn. an^ in every or any of the said -bos these presents and 
 all and every the powers «nd privileges hereby granted, shall Kt, utterly 
 „uU and void, anj'thing to thi contrary thereof in these presents notw.th- 
 
 "'in witness whereof, our Sovereign Lady the Queen has caused — ---' 
 Comn^ss oner 5 l'.l ic Works anfl Mines for the Province of Nova Scotia 
 To "Xc ibe and set his hand and seal of office to tl»s mden u.^, am* 
 
 the said lessee also subscribed an 1 set hand and seal thereto. 
 
 the day and year first al)0ve written. p,,uiw. VVorkn 
 
 Signed, sealed and delivered, by the said Commissioner of Public Workn 
 and Mines, in the presence of . 
 
 By the said lessee in piesence of . 
 
 67 
 
«8 
 
 MINES AND MINERALS. 
 
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INDEX TO MINES ACT. 
 
 Page 
 . 22 
 22 
 22 
 22 
 40 
 . 30 
 . 30 
 33 
 
 Address, existing, continued ,■ • " ; ' • 
 
 notice of oliaiige of change of, to be given 
 
 registration of applicant* 
 
 AflBdavits, before wlioin swoi n • • . • 
 
 to be madti by verifying returns by lessees 
 
 mill owners. . . . 
 wlien no crushing made 
 
 Alluvial license, application for ; „, 
 
 books of holder of, subject to inspection ^ 
 
 cominibsioiier may grant 
 
 holder <'pfV entitled to prospecting license on certain terms. . 
 if no application for prospecting license by, ground to be 
 
 vacant 
 
 not receivable after certain date 
 
 licensee, term of prospecting lie -i»e granted to "" 
 
 Annual labor required of ce, tau. leseees ^^ ^. ^ . ^^^^^ .............. ^^ 
 
 Appeal to Supreme Court, evidence to bo transmitted . 21 
 
 *^' *^ from decision of Commissioner ^| 
 
 notice of • ^. 
 
 rules of Supreme Court to apply to -| 
 
 security to be given on ..... ^•■ 
 
 trial bv jury may be directed on ^j- 
 
 Applicmts for license or lease entitled to in vestigation in certain cases 7 
 
 *^^ must register address *- 
 
 36 
 35 
 
 36 
 35 
 36 
 
 8 
 
 25 
 
 6 
 
 6 
 7 
 
 
 7 
 7 
 
 Application for lease to lapse if lease not executed within one year 
 
 J^S.ses'anlrieS -iain otticials dis,ualified from making . 
 
 fee on *" 
 
 how and when made 
 
 in whaf form made . ... 
 
 made by certain otiicials void 
 
 none accepted for areas already applied 
 
 for 
 
 for r'.isputed areas 
 
 time to be indorsed on every 7 
 
 to specify mineral ^ 
 
 « whom made ..0, dO 
 
 simultaneous, in case of, sal^ by auction . 7 
 
 Arbit.ation proceedings, if con^pensation not accepted 15. 16, 17 
 
 Arbitrat<.rs, award of not vitiated by irregularities :;;;:.;::::;: 40 
 
 fees of • 17 
 
 niav administer oaths • • ■ ,_ 
 
 shall decide share to be given each owner ^^ 
 
 ^^,'iryno^^iSh April; 1^3,not aSected^by later regul. ^ 
 
 tions ... S* 
 
 how laid off. .... _• 37 
 
 Areas, 
 
 to be laid "ff )»y »'«;«fj',';*^.,^- ;,iti,„„V consent of Commissioner'. .'.■.... 44 
 
 Assignment of lease "ot to « "'' '\«J^^'^^ ^^, ,„ ^..^orsed .,n copy of « 
 
 Attachment. ^^^^^ ^'i^hSe of registration, to be furaish^i by Com- 
 
 niiasiouer 
 
 26 
 M 
 
u 
 
 tNREX. 
 
 , 25 
 
 , 24 
 
 26 
 
 6 
 
 Attachment, particulars to be registered ... • ■ ... 
 
 to be regi8tere<l in saiiui book as lease affected 
 
 to bind interest of licensee or lessee ^ 
 
 Attorney General, application by, for license, void 
 
 ' disqualified from applying for license » 
 
 Award Court or judge may distribute amount of, after investigation » 
 
 ' may be paid into Court in certain cases J| 
 
 payment of • • in 
 
 ^ a discharge of liability J^ 
 
 rights given by payment of ^g 
 
 to be registered ,„ 
 
 Barrier, extent to be left by lessee .„ 
 
 lessee suspecting encroachment on, may have survey ....... 47 
 
 not to be removed except by permission of Governor-.n-Councl .... 46 
 
 right to remove, in certain cases ^^ 
 
 to be reserved ' ' 28 
 
 Bond, form of 29 
 
 from mill licensees Mil 
 
 to be given by licensee 'A ' \ '2I 
 
 on appeal to Supreme Court oV 24 ^5 
 
 of registry, how to be kept ■•••••.•: ~21 
 
 to be kept by every Deputy Commissioner ^ 
 
 open to inspection , •.; ' V^' ' ' ' 'A •' ' " 
 
 tranhcript or entrip« to be forwarded by Deputy Commis- 
 sioner to I ommissioner 
 
 27 
 35 
 
 Book! of alluvial licensee, subject to inspection • • • • ^° 
 
 Boring 
 
 to be kept by mill V jnsee ■ . • • ■ 
 
 • machines. Commissioner empowered to purchase 
 
 , macnines, ^.^^,g^^,,^.i„.(^.oj,„eil to make regulations respecting use of. 
 
 .S3 
 33 
 37 
 
 Koundarv, lessee not to mine within ten feet "f •••■•.;• v • V ' 1 14 
 
 BuildS etc. , may be removed by lessees after forfeiture declared 14 
 
 Ohainmen surveyor shall administer oath to ...... 
 
 Chainmen, Bur jr -^ „„^jgy ^^ Commissioner . 
 
 ^^'"'''^ioSted company mu«t file copy of, in office of Commissioner 
 
 ticnakv for failure to file copy of , . ' ; ' i- ' " ' ' 
 
 rierk or employee of Commissioner cfisciualified from applying for license . 
 Smmilsio^er of I'ublic Works and Mines, affidavit may be sworn before , 
 
 37 
 28 
 28 
 28 
 
 6 
 22 
 
 6 
 
 application by, for license void. . 
 decision of may be appealed to 
 
 Supreme Court 
 
 of on complaint of forfeiture. . . 
 disiiualified from applying for 
 
 license 
 
 employee of disqualified from 
 
 applying for license 6 
 
 may by warrant obtain posses- 
 sion of areas 14 
 
 compei attendance of wit- 
 nesses 
 
 dispose of deposit for secur- 
 ity of costs of investiga- 
 tion, how 
 
 empowered to purchase bor- 
 ing machines 
 
 grant alluvial license 
 
 right to remove barrier 
 inquire into violation of pro- 
 visions respecting mill 
 
 license 
 
 issue mill licenses . . . . 
 
 order surveys 36, 46 
 
 receive applications for 2nd 
 
 rights *2 
 
 receive applications for 
 vacant territory 34 
 
 21 
 13 
 
 6 
 
 20 
 
 20 
 
 33 
 35 
 
 38 
 
 31 
 
 29 
 
P»ge 
 
 25 
 
 24 
 
 26 
 6 
 6 
 
 19 
 
 18 
 
 IS 
 
 19 
 
 19 
 
 18 
 
 37 
 
 47 
 
 46 
 
 38 
 
 46 
 
 28 
 
 29 
 14,41 
 
 21 
 4,25 
 
 27 
 
 27 
 
 27 
 
 35 
 
 29 
 
 33 
 
 , 33 
 
 . 37 
 
 . 14 
 
 . 37 
 
 . 28 
 
 . 28 
 
 . 28 
 
 . 6 
 
 , 22 
 
 6 
 
 ;o 
 
 21 
 . 13 
 ir 
 
 6 
 m 
 
 « 
 
 18- 
 
 .. 14 
 
 it- 
 
 .. 20 
 
 INDEX. ^ 
 
 Vtgt 
 
 Commissioner of Public Works and Mines may require security for expense! 
 
 of investigation M 
 
 take evidence under oath at 
 
 investigation 20 
 
 on application for lease may 
 
 cause survey to be made . . 42 
 
 power of, on investigation 21 
 
 shall transmit evidence on appeal 21 
 to certify as to date and book of 
 
 registration of instrument 26 
 certify copies of original papers 
 
 foi appeal 21 
 
 have power of J. P 5 
 
 Compensation for damages, proceedings to obtain ^^ lo 
 
 rights givi-n by payment of j^ 
 
 entry on land, notice to be given • • • • • |g 
 
 money paid as may be recovereil by person entitled . . . . _ . . I» 
 
 Contempt, application for proceedings in, may be made to Supreme Lourt. M 
 
 Damage, arbitration, proceedings for 1 "i 46 
 
 compensation for ' ',, 
 
 owner not entitled to if no notice given lo 
 
 how ascertained „_ 
 
 unnecessary, to land, not to be done " 
 
 Death of mill licensee terminates license • • • • • • ; ' 
 
 f kom tn Ko fnrwarded to LommiS- 
 
 27 
 22 
 
 Deputy Coininissioners, all miins pai.l to them to be forwarded to Commis- 
 
 sioner 
 anv affidavit may be sworn before 
 
 any a,<n.ii»T.u ■....., ..« " - - 
 
 application by, lor license void » 
 
 application for license or lease made to ^J 
 
 appl 
 
 27 
 27 
 
 6 
 20 
 
 6 
 
 books of re^iHLi'y to be open to inspection, 
 contents of Ixwks of registry t<> be kept by. . , 
 
 disqnalified for applying for license 
 
 may compel attendance of witnesses 
 
 securitv to be given by 
 
 shall keep a hook of registry '* 
 
 tenure of office • • ^ 
 
 to have power of J. P • ■ -. \"\"i" 
 
 transcript of entries in book of registry to be for- 
 warded to Cotiimisbionor, by -7 
 
 Deputy Inspectors of Mines, applications by, for licenses void 6 
 
 '^ ' ' disqualified from applying for licenses 6 
 
 duties of ■,;•.,,■■■ 1 "■.■•■■■ ■ a 
 
 may enter premises in search of illegal mining. V 
 
 security to be given 8 
 
 tenure of office 
 
 nisnualification of certain officials from applying for licenses. 
 
 DifiJucateSinstn^ I- f-"-l>«d ^y Commissioner, with 
 date of reiiist ration •■ •;•••■•.■•••■ 
 
 Kvidence, Comunssioner mav take under oath at investigation 
 
 for licenses 6 
 
 26 
 20 
 
 to be transmitted on appeal to Supreme Court ^1 
 
 orfeiture of lease, all rights to cea.e upon hnal decision of . ^^ 14 
 
 buildings, &o , may b.; removed tor *• days alter i» 
 
 13 
 13 
 13 
 
 for fi''"re to comply with terms of lease. 
 
 work 
 
 nonpavment of royalties ••••••••■• , . , , 
 
 if rent not pai-l witliin thirty days after default 1 
 
 may be es.^aped by working or rent agreement 14 
 
 notice in proceedinga for ^•_ 
 
 prevented if lien-holder pays rent m arrear u 
 
 work to cease upon gg 
 
 Forms, account of quartz crushed 48 
 
 appplication for lease 48 
 
 license 
 
 bond 
 
 66 
 
ivom. 
 
 PftgO 
 
 Forms, bond 62 
 
 bond 
 
 declaration of shares 
 
 lease 
 
 license to search 
 mill license . . . 
 notice of claim fur damages 
 
 50 
 67 
 62 
 49 
 i.5 
 53 
 54 
 
 intended entry under louse ^^ 
 
 investigation . *j.^ 
 
 requiring arbitration 'j. ^ 
 
 oath of cliainnian ^g 
 
 prospbcting license ... og 
 
 provisions respecting g^ ^ 
 
 quarterly retuin g j' g2 
 
 rental agreement gj 
 
 surrender gy 
 
 transfer 34 
 
 Gold areus. l^w J^' •;!;--,- ^Sth oiAprii/ 1^ not affected' i^ liuer ^^ 
 
 rejjulations „'g 
 
 district, proclamation of .^^ 
 
 mines, laying off of • ■ -. ■ ■,, ' » 
 
 Governor- inCouncil may appoint Deputy Commissioners of Mmes 
 
 Inspector of Mines ... o 
 
 Inspectors of Mines 5 
 
 Mine surveyors •• • ^ 
 
 define the limits of districts of Deputy Com nrs. . 5 
 
 determine as to tunnels, vc '° 
 
 make rules respecting issue of licenses, &c ^1 
 
 proclaim gold ilistrict .......... ^• 
 
 Incorporated company, changes nm.le by, in charter, notice of to be given. . 28 
 
 *^ penalty for failure to hie copy of charter • ■ • • ^» 
 
 to file copy of its charter in the office of Commiss iier 28 
 
 Inspector of Mines, applicati.m by for license, void » 
 
 '^ disqualified from applying for license o 
 
 may enter premisos in search of illegfl mining » 
 
 security to he gi\ en by g 
 
 tenure of office ; ■ • ,, 
 
 Investigation, applicants for license or lease entitle.! torn ce.tam cases. ... 7 
 
 ^ as to vh.lati.m of provisions respecting null license 31 
 
 failure to obey subpcena to attend, how punished ^^ 
 
 notice of • •• •■ • ■ ■ -. 
 
 oath may be administered by person hoMing 
 
 power of commissioner on • • 
 
 security for expenses of, may be reciuired 
 
 dispr>.»;tion of 
 
 time for 
 
 to bo hek! at appointed times ■■■■ ■■■■... ' V',"'.>i" 
 
 Judae mvy after investigation distribute amount of award piiid into Lourt . 
 ''''^ grant order requiring officer of department to attend with 
 
 original papers 
 
 shall pronounce judgment on fimlings of jury ... •;•,••• „. 
 
 Ju.lgment alfecting title to be registered in same book as lease affected i* 
 
 certificate of date of iegistrati<m to be mbu-sed .. • ■.. 
 
 duplicate of. to be furnished by Commissioner, with 
 
 (late of registration • • • ■ «* 
 
 only to be registered when a charge against licensee or lessee. . . . M 
 
 particulars to be registered gg 
 
 registered shall bind interest . • ••■ 22 
 
 Jury, judge shall pronounce judgment on findings of ^^ ^ 
 
 ". trial by, may be directed Aq 
 
 Land acquired to be used only for mining purposes 
 
 notica to be given to owner of, to obUin entry upon " 
 
 8 
 
 22 
 21 
 20 
 20 
 
 8 
 20 
 19 
 
 21 
 '22 
 
33 
 33 
 33 
 5 
 5 
 5 
 5 
 5 
 18 
 27 
 33 
 28 
 28 
 28 
 6 
 6 
 9 
 6 
 6 
 7 
 31 
 20 
 8 
 
 22 
 21 
 20 
 20 
 8 
 20 
 19 
 
 21 
 
 22 
 
 24 
 
 25 
 
 I 
 
 26 
 
 2ti 
 
 , 2S 
 
 , 26 
 
 22 
 
 21 
 
 20 
 
 15 
 
 IKDIZ. ^ 
 
 PMt« 
 
 Land, plan of, to be made wher. aRreetncnt for compcnBation not made .... jj 
 
 private, may be entered on by licensee jg 
 
 proceedings to obtain right to enter upon jg jg 
 
 where additional required ' ^^ 
 
 rent payable for additional ... 20 
 
 Lease^lddUionai terms maybe in.erted in new" lease 'aft., "forf'-'mre of a ^ 
 
 lease • g 
 
 application for license not necessary f"'" . • • • , :^ ■ ^-^ • -^-^ ' g 
 
 ' ^ to lapse if lease not executed wUhin one year ^o 
 
 commissioner may accept surrender of • • • • ^q^^^ 
 
 contents and terms of • • • • • •■■,'.„„ _niJ,!r to be 
 
 ex. .nited under pow. r of attorney, instrument conferring power to De ^ 
 
 lndge<l in the office .... jg 
 
 for failure to comply with terms of • ' j jj 
 
 work j3 
 
 forfeiture of, for nonpayment oi oyalties . . . .... ■■■ Ar^J. i j 
 
 issued before 17th of April. .S99. may be ^^^^Z^.^^^, ii 
 
 lessee to remain liable notwithstandiuf iurrender of ■.■.".'. 41 
 
 licensee may select tract for ' "^q ^j 
 
 may cover what 
 
 r. tice of f.trfeiture of • • • 
 
 not to be assigned without consei.i of Commissioner ^ . 
 surrendered where areas liable to forfeitur 
 
 where lien 
 
 exists 
 
 13 
 44 
 
 10 
 42 
 
 nf pnnr°r &.C.. what deemed to include ■ ■ ■ .''■■' 'ij 
 
 pers"m who siakes off certain extent of land after discovering gold, ^^ 
 
 rights of 8 
 
 registration and ileh very of •■ J ' ' ' u ' 41 
 
 special form of, in consideration of increased royalty ■••;;••;••;■•■ jq 
 
 surren<ler of 
 
 to be indefeasible ■ • ■•.■■■■ 
 
 Lessee not to assign lease without consent of Lommissi.mer 
 
 penalty on for failure to erect monuments 
 
 rigiit of renewal of lease 
 
 :!;:;:^;^!:; r::cK.Sr barrier may have survey made 
 Lessees, annual hibour required of certain 
 
 extent of barrier to be left "Y ■ • 
 
 may obtain right of way over land 
 
 seliict areas in respect to labor 
 
 notice of selection by '1 \'„a ' 16 
 
 who served by after entry on private land '.'.'.".'..' 38 
 
 refund of rent to 
 
 rent to be paid by 
 
 returns by .:: :" ' lil't" -^ 
 
 to be veiihed by ainclavit 
 
 License, limited to 100 acres 
 
 9 
 44 
 
 46 
 42 
 47 
 47 
 38 
 37 
 17 
 39 
 39 
 
 what 
 
 38 
 40 
 40 
 34 
 40 
 
 L,'rwh<rstakes'off certain extent of land entitled to. in prefer- 
 
 may covci 
 
 pe 
 
 spechXto^nS'wildings, gardens. *c.: proceedings to obtain 
 
 term of 
 
 .34 
 
 9 
 
 31 
 
 31 
 
 to be cancelled if false return or false entry is made ^» 
 
 Licensee, death of terminates mill icenae • • ■_■ ^^ 
 
 may enter on private lami . ^j 
 
 select ^■•-|,^^,Smer the result of what he has done;_::_;^ 8 
 
 ,hall ''^P";;' *';:;:';i;;;7,;;;8ha"in.e to commissioner except in one case 
 Licenses and leases. ^ ; *» "f t. titled to investigation in certain cases . . 
 
 Smtssioner, or in some cases Deputy Comn.issioners. ^ 
 
 may issue " ' iq 
 
 may be sold by licensee or lessee • ■ 
 
fl INDIZ. 
 
 LieaoMS and lease*, mode of execution of oo oi 
 
 registration of *"^> ^* 
 
 shall bear date of the day on which application was uiade 8 
 not authorize licensee or lessee to enter buildings, 
 
 gardens, >tc * 
 
 termination of ° 
 
 Lien, consent of holder of, necessary to tiie surrendar of lease . 10 
 
 holder may pay rent and thereby prevent forfeiture of lease U 
 
 Maps of the mining districts to be kept by Commissioner 23 
 
 Mill licenses, Commissioner may issue -^ 
 
 may be cancelled for false entry or return ;W 
 
 ol 
 
 32 
 29 
 44 
 46 
 46 
 37 
 44 
 45 
 44 
 45 
 16 
 22 
 
 owner may apply to cancel 
 
 revocation of, for non-payment of royalty 
 
 what they authorize 
 
 Monument, inscription on 
 
 penalty for destroying 
 
 failure ti> erect 
 
 removing or altering . . 
 
 provision where tract covered with water 
 
 right to erect ••■ ■:'',".''.'(' 
 
 to be erected by lessee within six months after the date of lease 
 
 replaced 
 
 Notice to be served by lessee after entry on land 
 
 Notices, service of, how effected , , 
 
 Oath, Commissioner may take evidence at investigation under -U 
 
 may be administered by person holding -- 
 
 to be administered by surveyor to cliainman <»7 
 
 OflBce hours of Commissioner and Deputy ■ • • • " 
 
 Original papers, copies of to be certiHed and transmitted on appeal ■■••■• ^} 
 court niav grant order requiring officer to attend with. . . ^l 
 
 not to be transmitted on appeal to Supreme Court ^1 
 
 Penalty for destroying monuments ™ 
 
 failure to erect monuments .... 
 
 file copy of charter of incorporated company 
 
 make return by mill owner • 
 
 making false entry in book or false return or false statement 
 
 milling without license 
 
 mining without lease or license 
 
 removing or altering monument 
 
 upon assistants of unlicensed mill-owner 
 
 certain disqualirted officials for applying for license B 
 
 Plan, if not satisfactory, owner may apply to inspector •■•••. • ■ 1' 
 
 of land to be made where agreemenl for compensiition for entry not 
 
 made ,„ 
 
 surveyor making such may enter on land •■ ■ ■ *» 
 
 to be registered „,, 
 
 Plans to be kept by Commissioner . ._ ^^ ^^- ■ • ; - ,. ' f^ 
 
 .ower must 
 
 8,27 
 
 19 
 
 28 
 30 
 30 
 29 
 9 
 37 
 29 
 
 Possession, Commissioner may obtain by warrant or other remedie!! 
 Power of attornev, lease executed under, instrument conferring 
 
 be lodged in office 
 
 Prothonotary, commission of • • 
 
 to <leposit award in savings bunk 
 
 Prospecting, cost of, not to be borne by Government 
 
 license, bond to be given before L-ranting 
 
 granted to holder of alluvi il lii^ense, term of 
 
 holder of alluvial license entitled to on certain terms 
 
 fee on application by '^o 
 
 entitled to select for lease ^ 
 
 statement of work done filed in the ofhce, to be open to 
 
 public inspection "*° 
 
 term of *X 
 
 Provincial Secret ary, application by, for license, void » 
 
 disqualified from applying for lioenses o 
 
 19 
 8 
 35 
 36 
 35 
 
26 
 26 
 26 
 
 18 
 18 
 18 
 22 
 26 
 
 26 
 
 JUDEX. ^* 
 
 Quarterly returns to be made by lessee •' 
 
 Registration and delivery of lease •• ■ „^ 
 
 oertiHtatu of dale, and book of, to be given by ConimiBSioner 
 
 date of lodging of instrument to be date of 
 
 effect of _„ 
 
 of address of applicant requited •* 
 
 attachment 
 
 fee on 
 
 award 
 
 fee on 
 
 existing, continued 
 
 instrument, date of, to be indorsed • 
 
 prohibited unless a charge against licensee or 
 
 lessee • 
 
 judgment oq Id 
 
 licenses and leases, mode of 'f o 
 
 plan ..^ J8 
 
 power of attorney *' 
 
 rejected applications ^~ 
 
 several books of may be kept by Commissioner ^3 
 
 what particulars shall constitute sufficient 28 
 
 Registry books, how tt> be kept ~ 
 
 indexes to the, how to be kept *» 
 
 Regulations, Governor-in-Couucil may Uiake, contents of 28 
 
 respecting issue of licenses ... ^5 
 
 Renewals, further ; ™ 
 
 not to be gi anted if lease liable to forfeiture or in arrears « 
 
 rent may be increased on ™ 
 
 right of Icssse to ** 
 
 second ™ 
 
 terms of 4rf 
 
 Rent, if not paid within thirty days after notice lease shull be forfeited ... 11 
 
 may be increased on renewal *•? 
 
 notice of default in payment of ^hall be mailed 10 
 
 payable *^ 
 
 for additional land '*' 
 
 payment of ^8 
 
 refund of *» 
 
 Return of Royalty to mill licensee complying with chapter 
 
 Returua, by mill owners 
 
 lessee shall make quarterly 
 
 penalty for failure to make 
 
 Right of way over land may be obtained by lessee, how 
 
 31 
 
 30 
 
 47 
 
 30 
 
 17,18 
 
 Rivers not to be diverted by lessee *? 
 
 Royalty, amount of, payable by mill licensee in ft 
 
 how collectable m 
 
 liability of mill licensee to pay ... ^ 
 
 may be sued foi .- ^2 
 
 on coa! mill licensee complying with chapter al 
 
 on gold and silver 
 
 other ores and miuerals 
 
 payment of 
 
 penalty for failure to pay 
 
 refund of to owner of free mine 
 
 return of to mill liceuKee complying with chapter 31 
 
 when payable • ^* 
 
 Royalties, forfeiture of lease for non-payment of J^ 
 
 interest char^-eable on J* 
 
 may be increased J* 
 
 on forfeited lease j* 
 
 provisions re.specting m 
 
 refund of certain excess ^^ 
 
 Rules, GovemorinCouncil may make, contents of 28 
 
 respecting issue of licenses !I7 
 
 11 
 12 
 31 
 31 
 32 
 
TlU INDBX. 
 
 P»gO 
 
 Seftrck, private land may be entered on by licensee for purposei of 14 
 
 Second rights, Commissioner may receive applications for 43 
 
 rights of holder of 42 
 
 Security to be given oii ap|)fai to Supreme Court 21 
 
 SerTice of notice, how efl'ected 22 
 
 substituted in ccrtuin cases 2.3 
 
 Staking oflF territory, provision respecting rights of person 34 
 
 Streams not to lie (livcrted by lessee 18 
 
 Subpoena, proceedings in contempt for disobedience of 21 
 
 Supreme Court, certain rules of, to apply to appeils 21 
 
 may grant an order re()uiring officer to attend with original 
 
 papers 21 
 
 roctity any error in award 17 
 
 Surrender, liability of licensee to continue after 31 
 
 of mill license by licensee, liow ett'ected 31 
 
 Survey, absent lessee may state objections to 36 
 
 Commissioner may ^rder 4ft 
 
 cost of to be defrayed by licensee 44 
 
 expenses of 46 
 
 second conditions on which granted 37 
 
 to be made ou application fur lease .... 42 
 
 license 44 
 
 when to be conclusive 45 
 
 Surveyor, duties of . . 36 
 
 shall administer oath to chainman 37 
 
 Surveys may be ordered by CommisBioncr 36 
 
 to determine boundaries of lease • 46 
 
 Title, JMdgment or writ of attachment affecting, to be registered in same 
 
 book as lease p^ 
 
 Trial by jury on appeal may bo directed •.•••.• . 
 
 Vacant territory. Commissioner may receive application for 34 
 
 Warrant, Commissioner may obtain pf>83eaaion of areas by 4 
 
 Witnesses may be compelled to attend investigation 20 
 
 Writ of attachment, date of icgistration of, to be indorsed 25 
 
 duplicate of, with date of registration to be furnished 
 
 by Commissioner 26 
 
 only t() be registered when a charge against licensee 
 
 or lessee 26 
 
 particulars of, to be registered 25 
 
 to be registered in same book as lease affected 24 
 
 to biiid interest of licensee or lessee 26 
 
 Yaar, how computed 38 
 
 I