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This Work Contains a Careful Compilation of All the Mining Laws, and All the Public Land Laws now in Force ; OF Alaska, of the Northwest Territory, and of the Province of British Columbia. The United States Mining Laws AND Regulations are also Inserted in Full. Complete In One Volume. Compiled by GILBERT WYMAN, OF THE California Bar. Published by G. WYMAN, Fruity ALE, Alameda County, California. 1898. ■■' "-»»-»«im>»^Wi^»HHPI uy'7 Entered according to Act of Congress in the year 1898, by G. WYMAN, In the office of the Librarian of Congress at Washington /n % (?^ Pacific Press Publishing Co., Printers and Binders, Oakland and San Francisco, Cal. CONTENTS. PART I. PAOK General explanation of the public land and minine laws applicable to each of the three political divisions of Alaska, of the Northwest Territory, and the Province of British Columbia. Boundaries of Northwest Territory, Province of British Co- lumbia, Yukon District. Dominion of Canada, Constitution and Government iz PART II. Alaska.— Treaty Negotiations, Civil Government, Mining Laws and Regulations. United States Mining Laws and Regulations. 17 PART III. Alaska.— Public Lands Other Than Mineral, Town Sites, Trad* ingand Manufacturing Purposes 85 PART IV. Northwest Territory and Manitoba. — Yukon District, Regulations for Placer Mining. Saskatchewan District, Reg[ulations> for Placer Mining. Act of November ^th, 1889, which includes the general mming law of the Dominion. Dredging of Rivers, Coal Lands for Domestic Purposes 109 PART V. Northwest Territory and Manitoba. — Public Lands Other Than Mineral Belonging to the Dominion of Canada 169 PART VI. British Columbia.— Crown Lands Belonging to the Province 267 PART VII. British Columbia.— Lands within Forty Mile Railway Belt Belong- ing to the Dominion of Canada 335 PART VIII. British Columbia.— Mining Laws, Gold, Silver and Coal 365 (V) 1 1 ip HWPI ae vl CONTENTS. PART IX. PAOB BritUh Columbia Water Consolidation Act and Northwest Terri- tory Consolidated Irrigation Act 479 PART X. United States and Canadian Laws Prohibiting Alien Labor Con> tracts 563 PART XI. Statistics and Official Reports of the Yukon Gold Fields 569 PART XII. Customs Tariff of Canada : 667 PART XIII. Mining Forms for Alaska and United States 725 NOTICE. Changes and , amendments hereafter made in the public land or mining laws of Alaska, British Columbia, or Northwest Territory, will be published in pamphlet form, as soon as enacted, and can be procured of the publisher, G. WYMAN, Fruitvale, Alameda County, Cali/omia. rAoc • 479 563 569 667 72s or ry, be Ill iipawv SE ISO I7S I7P lis ^ >1 / kit % %. K, -^♦♦7 i« «i PHkiioMsunas OFFICIAL MAP / /J^jL /\>Si.Geo^, /OF THE / «^»* /«* **» YUKON RIVER AND ITS TRIBUTARIES. (Reduced In Size) OfMie DEPARTMLNT .^ OF THE Interior, ^ «gTTAWA, l897/r«< i«s .0^ k»e» JTOR T U CI 'm^' PART I. GENERAL EXPLANATION OF THE PUBLIC LAND and MINING LAWS APPLICABLK TO EACH OF THE THREE POLITICAL DIVISIONS OF ALASKA, OF THE NORTHWEST TERRITORY, AND THE PROVINCE OF BRITISH COLUMBIA. Boundaries of Northwest Territory, Province or British Columbia, Yukon District. Dominion of Canada, Constitution and Gonernment. :''im' PART I. THE PUBLIC LAND AND THE MINING LAWS of the three great political divisions of Alaska, of the Northwest Ter- ritory, and of the Province of British Columbia are entirely separate and distinct from each other. THE PUBLIC LANDS OF ALASKA are known as Gov- ernment lands, and belong to the United States. THE PUBLIC LANDS OF THE NORTHWEST TERRI- TORY are known as Dominion lands, and belong to the Do- minion of Canada. THE PUBLIC LANDS OF BRITISH COLUMBIA, ex- cepting the Forty-mile Railway Belt, are known as Crown lands, and belong to that Province. THE FORTY-MILE RAILWAY BELT in the Province of British Columbia was ceded by the Province to the Domin- ion of Canada as a contribution in consideration of Govern- ment aid toward the construction of the Canadian Pacific Rail- way. The land within the Forty-mile Railway Belt is subject to the land laws of the Dominion of Canada specially applicable to said belt. Gold and silver in the Railway belt have been decided by Privy Council (England) to be vested in the Province of Brit- ish Columbia. The gold discoveries extend over Alaska, Northwest Terri- tory and the Province of British Columbia. BOUNDARIES. The Northwest Territory extends from the international boundary between Canada and the United States, the 49th parallel of latitude on the south, to the Arctic ocean on the north. Is bounded on the ^cst by Hudson's Bay and the Province of Manitoba; and on the west by the Province of British Columbia south of the 60th parallel of latitude and the international boundary line between Canada and Alaska north of the 60th parallel of latitude. The area of the Northwest Territory in square miles is 1,404,800. The capital of the Northwest Territory is Regina. ■taM 14 DOMINION OF CANADA. The Province of British Columbia extends for about 700 miles north and south, and nearly 500 miles east and west lying north of the 4<)l'h parallel, the international boundary line be- tween Canada and the United States, and north to the 60th decree of north latitude. Is bounded on the east by longi- tude 120 degrees, and on the west by the Pacific Ocean and the international boundary line between Canada and Alaska. Van- couver and Queen Charlotte Islands are included within its bounds. Victoria, of Vancouver Island, is the capital of British Co- lumbia. YUKON DISTRICT. The Yukon district comprises— speak- ing generally— that part of the Northwest Territory lying west of the water-shed of the Mackenzie river. Most of it is drained by the Yukon river and its tributaries. It coveri> a distance of about 650 miles along the river from the Coast Range of moun- tains. DOMINION OF CANADA. The Dominion of Canada came into existence on July i, 1&67, under the terms of an ant of the Imperial Parliament known as the British North Amer- ican Act, which provides for the union of the Provinces of Can- ada, Nova Scotia, and New Brunswick. The Province of Can- ada being immediately before that time divided into Upper and Lower Canada, which divisions are now known as Ontario and Quebec respectively. The dominion was subsequently aug- mented by the Province of Manitoba and the Northwest Ter- ritories in 1870, by British Columbia in 1871, and by Prince Edwards Island in 1873; and now includes the whole of British North America, with the exception of New Foundland. CONSTITUTION AND GOVERNMENT. The Govern- ment of Canada is Federal: Ottawa is the capital. The Prov- inces have local legislatures. By the British North American Act before referred to, the executive government and the au- thority of and over Canada remain in the Queen. The Gover- nor-General for the time being carries on the Government in the name of Her Majesty, but is paid out of the Canadian rev- enue. The Dominion Parliament consists of an Upper House» styled the Senate, composed of 81 members. The Senators are nominated for life by the Governor-General on the advice of the Executive Council. The Commons are elected for five years. CONSTITUTION AND GOVERNMENT. IS The franchise for both the Federal Parliament and the Provin- cial Legislatures practically confers the voting power upoa nearly all male residents of full age. At the head of each of the Provinces is a Lieutenant-Governor, appointed by the Governor- General, and paid by the Dominion. He is the Executive head of the Provincial Government, and medium of communication, between the Provinces and the Federal Government. In some of the Provinces there are two branches of the Legislature in addition to the Lieutenant Governor; but in Ontario, New Brunswick, Prince Edward Island, Manitoba and British Co- lumbia there are only single Houses. This, however, is a matter entirely within the control of the local authorities, as are also the election of members, franchise qualifications and alteration, of the Electoral districts for the Provincial Legislatures. But the duration of the local assemblies is fixed at four years. The powers of the Dominion Parliament, the Provincial- Leg- islatures, and the contributions to the revenues of the latter from the Dominion Treasury are defined by the British North American Act, and the Acts passed under i^:. Legislation upoA local matters is assigned as a general rule to the Provinces. There is generally a perfect system of municipal government ini the Provinces constituting the dominion by which Municipal Councils elected by the people control and govern matters of purely local and municipal concern. re PART II, ALASKA. TREATY NEGOTIATIONS, CIVIL GOVERNMENT. MINING LAWS AND REGULATIONS. United States Mining Laws and Regulations. PART 2. ALASKA was discoyered by Vitus Bering in A. D. 1741. Was purchased in A. D. 1867 from Russia by the United States. Quasi Civil Government was established by Act of Congress July fl7, 1868. Area, in square miles, 577>d9o; in acres, 369,539,- 600. Under the Treaty of 1835 with Russia, when the boundary between Alaska and British territory was defined, the free navi- gation in perpetuity of all rivers flowing across Alaska was se- cured to British subjects. This right, so far as the Yukon and the Stickeen rivers are concerned, has been confirmed by treaty with the United States. CIVIL GOVERNMENT. An Act of the Congress of the United States of America, May 17, 1884, providing a Civil Government for Alaska, is as follows: ALASKA. A CIVIL AND JUDICIAL DISTRICT. May 17, 1884. Be it enacted, dc. That the territory ceded to the United States by Russia by the treaty of March thirtieth, eighteen hundred and sixty-seven, and known as Alaska, shall constitute a civil and judicial district, the government of which shall be organized and administered as hereinafter provided. SEAT OF GOVERNMENT AT SITKA. The temporary seat of government of said district is hereby established at Sitka. GOVERNOR TO BE APPOINTED. Sec. a. That there shall be appointed for the said district a governor, who shall reside therein during his term of office and be charged with the interests of the United States Government that may arise within said district. POWERS AND DUTIES. To the end aforesaid he shall have authority to see that the laws enacted for said district are enforced, and to require the faithful discharge of their duties by the officials appointed to administer the same. MAY GRANT REPRIEVES. He may also grant reprieves for offenses committed against the laws of the district or of the United States until the decision of the President thereon shall be made known. (18) CIVIL GOVERNMENT. 19 COMMANDER-IN-CHIEF OF MILITIA. He shall be ex- officio commander-in-chief of the militia of said district, and shall have power to call out the same when necessary to the due execution of the laws and to preserve the peace, and to cause all able-bodied citizens of the Unit<"l States in said dis- trict to enroll and serve as such when the public exigency de- mands. OTHER DUTIES. And he shall perform generally in and over said district such acts as pertain to the office of governor of a territory, so far as the same may he made or become ap- plicable thereto. TO REPORT ANNUALLY. He shall make an annual re- port, on the first day of October in each year, to the President of the United States, of his official acts and doings, and of the condition of said district, with reference to its resources, in- dustries, population, and the administration of the civil govern- ment thereof. SUBJECT TO REVIEW BY PRESIDENT. And the President of the United States shall have power to review and to confirm or annul any reprieves granted or other acts done by him. DISTRICT COURT: JURISDICTION. Sec. 3. That there shall be, and hereby is, established a iistrict court for said district, with the civil and criminal jurisdiction of district courts of the United States, and the civil and criminal juris- diction of district courts of the United States exercising the jurisdiction of circuit courts, and such other jurisdiction, not inconsistent with this act, as may be established by law. JUDGE AND TERMS OF COURT. And a district judge shall be appointed for said district, who shall during his term of office reside therein and hold at least two terms of said court therein in each year, one at Sitka, beginning on the first Monday in May, and the other at Wrangel, beginning on the first Monday in November. SPECIAL SESSIONS. He is also authorized and directed to hold such special sessions as may be necessary for the dis- patch of the business of said court, at such times and places in said district as he may deem expedient, and may adjourn such special session to any other time nrevious to a regular session. ALASKA. EXPENSES OF COURT. He shall have authority to em- ploy interpreter!, and to make allowances for the necessary ex- penses of his court. CLERK, DISTRICT ATTORNEY, AND MARSHAL. Sec. 4. That a clerk shall be appointed for said court, who shall be ex-officio secretary and treasurer of said district, a district attorney, and a marshal, all of whom shall during their terms of office reside therein. CLERK'S DUTIES. The clerk shall record and preserve copies of all the laws, proceedings, and official acts applicable to said district. ACCOUNTS. He shall also receive all moneys collected from fines, forfeitures, or in any other manner except from violations of the custom laws, and shall apply the same to the incidental expenses of the said district court and the allow- ances thereof, as directed by the judge of said court, and shall account for the same in detail, and for any balances on account thereof, quarterly, to and under the direction of the Secretary of the Treasury. TO BE RECORDER OF DEEDS, &c. He shall be ex officio recorder of deeds and mortgages and certificates of lo- cation of mining claims and other contracts relating to real es- tate and register of wills for said district, and shall establish secure offices in the towns of Sitka and Wrangel, in said dis- trict, for the safekeeping of all his official records, and of rec- ords concerning the reformation and establishment of the present status of titles to lands, as hereinafter directed : SEPARATE RECORDING OFFICES MAY BE ESTAB- LISHED. Provided, That the district court hereby created may direct, if it shall deem it expedient, the establishment of separate offices at the settlements of Wrangel, Oonalashka, and Juneau City, respectively, for the recording of such instru- ments as may pertain to the several natural divisions of said district most convenient to said settlements, the limits of which shall, in the event of such direction, be defined by said court; and said offices shall be in charge of the commissioners re- spectively as hereinafter provided. COMMISSIONERS, 4, TO BE APPOINTED. Sec. s- That there shall be appointed by the President four commis- sioners in and for the said district who shall have the juris- a . CIVIL GOVERNMENT. n ity to em- :essary «x- ARSHAL. :ourt, who district, a iring their 1 preserve applicable collected cept from me to the he allow- and shall n account Secretary ill be ex tes of lo- o real es* establish said dis- d of rec- of the d: ESTAB- created iment of ika, and instru- of said >f which court; lers re- >ec. 5. sommis- [e juris- diction and powers of commissioners of the United States cifs. cuit courts in any part of said district, but who shall reside,. one at Sitka, one at Wrangel, one at Oonalashka, and one at Juneau City. TO HAVE POWERS OF OREGON JUSTICES OF PEACE. Such commissioners shall exercise all the duties and powers, civil and criminal, now conferred on justices of the peace under the general laws of the State of Oregon, so far as the same may be applicable in said district, and may not be ia conflict with this act or the laws of the United States. AND PROBATE JURISDICTION, SEAL, &c. They shall also have jurisdiction, subject to the supervision of the district judge, in all testamentary and probate matters, and for this purpose their courts shall be opened at stated terms and be courts of record, and be provided with a seal for the authen* tication of their official acts. MAY GRANT WRITS OF HABEAS CORPUS; PRO- CEEDINGS. They shall also have power to grant writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, which writs shall be made returnable be- fore the said district judge for said district; and like proceed- ings shall be had thereon as if the same had been granted by said judge under the general laws of the United States in such cases. TO HAVE POWERS OF NOTARY PUBLIC. Said com- missioners shall also have the powers of notaries public, and shall keep a record of all deeds and other instruments of writ- ing acknowledged before them and relating to the title to or transfer of pr6perty within said district, which record shall be subject to public inspection. ACCOUNTS. Said commissioners shall also keep a record of all fines and forieitures received by them, and shall pay over the same quarterly to the clerk of said district court. GOVERNOR TO INVESTIGATE OPERATIONS OF ALASKA SEAL AND FUR CO. The governor appointed under the provisions of this act shall, from time to time, in- quire into the operations of the Alaska Seal and Fur Com- pany, and shall annually report to Congress the result of such inquiries and any and all violations by said company of the agreement existing between the United States and said com- pany. ALASKA. H MARSHAL'S POWERS. Sec. 6. That the marshal for said district shall have the general authority and powers of the United States marshals of the States and Territories. TO EXECUTE PROCESS, &c. He shall be the executive officer of said court, and charged with the execution of all pro- cess of said court and with the transportation and custody of prisoners, and he shall be ex officio keeper of the jail or peni- tentiary of said district. TO APPOINT 4 DEPUTIES; LOCATION AND DU- TIES. R. S., Sec. 788. He shall appoint four deputies, who shall reside severally at the towns of Sitka, Wrangel, Oonalash- ka, and Juneau City, and they shall respectively be ex officio constables and executive officers of the commissioners' courts herein provided, ard shall have the powers and discharge the duties of United States deputy marshals, and those of con- stables under the laws of the State of Oregon now in force. LAWS OF OREGON ADOPTED. Sec. 7. That the gen- eral laws of the State of Oregon now in force are hereby de- clared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of thiir> act or the laws of the United States. IMPRISONMENT. And the sentence of imprisonment in any criminal case shall be carried out by confinement in the jail or penitentiary hereinafter provided for. DISTRICT COURT, EXCLUSIVE JURISDICTION, WHAT. But the said district court shall have exclusive juris- diction in all cases in equity or those involving a question of title to land, or mining rights, or the constitutionality of a law, and in all criminal offenses which are capital. CIVIL CASES. In all civil cases, at common law, any is- sue of fact shall be determined by a jury, at the instance of either party. APPEAL FROM COMMISSIONERS, WHEN TO LIE. And an appeal shall lie in any case, civil or criminal, from the judgment of said commissioners to the said district court where the amount involved in any civil case is two hundred dollars or moret and in any criminal case where a fine of more than one hundred dollars or imprisonment is imposed, upon the filing of a sufficient appeal bond by the party appealing, to be approved by the court or commissioner. CIVIL GOVERNMENT. «s WRITS OF ERROR IN CRIMINAL CASES FROM CIRCUIT COURT OF OREGON. WriU of error in crim. inal cases shall issue to the said district court from the United States Circuit Court for the district of Oregon in the cases provided in chapter one hundred and seventy-six (a) of the laws of eighteen hundred and seventy-nine; and the juris- diction thereby conferred upon circuit courts is hereby given to the circuit court of Oregon. FINAL JUDGMENT REVIEWED BY SUPREME COURT U. S. And the final judgments or decrees of said circuit and district court may be reviewed by the Supreme Court of the United States as in other cases (3). LAND DISTRICT, WITH OFFICE AT SITKA. Sec. 8. That the said district of Alaska is hereby created a land dis- trict, and a United States land office for said district is hereby located at Sitka. REGISTER AND SURVEYOR-GENERAL. The com- missioner provided for by this act to reside at Sitka shall be ex officio register of said land office, and the clerk provided for by this act shall be ex officio receiver of public moneys, and the marshal provided for by this act shall be ex officio surveyor- general of said district. MINING LAWS TO APPLY. And the laws of the United States relating to mining claims, and the rights inci- dent thereto, shall, from and after the passage of this act, be in full force and ef^^ect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the Pres- ident. PERSONS IN POSSESSION OF LANDS NOT TO BE DISTURBED, &c. Provided, That the Indians or other per- sons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Con- gress. MINING LOCATORS MAY PERFECT CLAIMS. And Provided further. That parties who have located mines or min- eral privileges therein under the laws of the United States ap- plicable to the public domain, or who have occupied and im- T <4 ALASKA. proved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid. MISSIONARY STATIONS CONFIRMED. And pro- vided oUo, That the land not exceeding six hundred and forty acres at any station now occupied as missionary stations among the Indian tribes in said section, with the improve- ments thereon erected by or for such societies, shall be con- tinued in the occupancy of the several religious societies to which said missionary stations respectively belong until action by Congress. GENERAL LAND LAWS NOT TO APPLY. But noth- ing contained in this act shall be construed to put in force in said district the general land laws of the United States. OFFICERS-THEIR APPOINTMENTS. Sec. 9. That the governor, attorney, judge, marshal, clerk, and commis- sioners provided for in this act shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall hold their respective offices for the term of four years, and until their successors are appointed and qualified. FEES. They shall severally receive the fees of office estab- lished by law for the several offices the duties of which have been hereby conferred upon them, as the same are determined and allowed in respect of similar offices under the laws of the United States, which fees shall be reported to the Attorney General and paid into the Treasury of the United States. SALARIES. They shall receive respectively the following annual salaries: The governor, the sum of three thousand dollars; the attor- ney, the sum of two thousand five hundred dollars; the mar- shal, the sum of two thousand five hundred dollars; the judge, the sum of three thousand dollars; and the clerk, the sum of two thousand five hundred dollars, payable to them quarterly from the Treasury of the United States. TRAVELING EXPENSES. The district judge, marshal, and District Attorney shall be paid their actual, necessary ex- penses when traveling in the discharge of their official duties. ACCOUNTS. A detailed account shall be rendered of such CIVIL GOVERNMENT. i^ expenses under oath and as to the marshal and district attor- ney such account shall be approved by the judge, and as to> his expenses by the Attorney-General. FEES OF COMMISSIONERS. The commissioners shalT receive the usual fees of United States commissioners and of justices of the peace for Oregon, and such fees for recording- instruments as are allowed by the laws of Oregon for similar services, and in addition a salary of one thousand dollars each. SALARY OF DEPUTY MARSHALS. The deputy mar- shals, in addition to the usual fees of constables in Oregon^ shall receive each a salary of seven hundred and fifty dol1ars^ which salaries shall also be payable quarterly out of the Treas- ury of the United States. OATH OF OFFICE. NO LEGISLATURE OR DELE- GATE TO CONGRESS. Each of said officials shall, before entering on the duties of his office, take and subscribe an oath that he will faithfully execute the same, which said oath may be taken before the judge of said district or any United Statea district or circuit judge. That all officers appointed for said district, before entering upon the duties of their offices, shall take the oaths required by law and the laws of the United States, not locally inapplicable to said district and not incon- sistent with the provisions of this act are hereby extended thereto; but there shall be no legislative assembly in said dis- trict, nor shall any Delegate be sent to Congress therefrom. BOND OF CLERK. And the said clerk shall execute a bond, with sufficient sureties, in the penalty of ten thousand dollars, for the faithful performance of his duties, and file the same with the Secretary of the Treasury before entering on the duties of his office. OF COMMISSIONERS. And the commissioners shalt each execute a bond, with sufficient sureties, in the penalty of three thousand dollars, for the faithful performance of tVi^ir duties, and file the same with the clerk before entering on the duties of their ofiice. PUBLIC BUILDINGS. Sec. lo. That any of the public buildings in said district not required for the customs service or military purposes shall be used for court rooms and offices of the civil government; and the Secretary of the Treasury i» hereby directed to instruct and authorize the custodian of said „. ^ ALASKA. I buildings forthwith to make such repairs to the jail in the town of Sitka, in said district, as will render it suitable for a jail and penitentiary for the purposes of the civil govern* ment hereby provided, and to surrender to the marshal the custody of said jail and the other public buildings, or such parts of said buildings as may be selected for court-rooms, offi- ces, and officials. LAWS TO BE COMPILED BY ATTORNEY-GENERAL PRINTED AND DISTRIBUTED. Sec. ii. That the At- torney-General is directed forthwith to compile and cause to he printed, in the English language, in pamphlet form, so much of the general laws of th£ United States as is applicable to the duties of the governor, attorney, judge, clerk, marshals, and commissioners appointed for said district, and shall fur- nish for the use of the officers of said Territory so many copies as may be needed of the laws of Oregon applicable to said district. , COMMISSIONERS TO EXAMINE AND REPORT ON CONDITION OF INDIANS, LANDS, &c. Sec. 12. That the Secretary of the Interior shall select two of the officers to l)e appointed under this act, who, together with the governor, shall constitute a commission to examine into and report upon the condition of the Indians residing in said Territory, what lands, if any, should be reserved for their use, what provision ■shall be made for their education, what rights by occupation of settlers should be recognized, and all other facts that may be -necessary to enable Congress to determine what limitations or conditions should be imposed when the land laws of the United States shall be extended to said district and to defray the •expenses of said commission the sum of two thousand dollars is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. EDUCATION OF CHILDREN. Sec. 13. That the Secretary of the Interior shall make needful and proper provision for the education of the children of school age in the Territory of Alaska, without reference to race, until such time as permanent provision shall be made for the same, and the 5um of tewnty-five thousand dollars, or so much thereof as may he necessary, is hereby appropriated for this purpose. EXISTING LAWS FOR ALASKA TO REMAIN IN UNITED STATES MINING LAWS. 17 FORCE EXCEPT, &c. Sec. 14. That the provisions of chapter three, title twenty-three, of the Revised Statutes of the United States relating to the unorganized Territory of Alaska, shall remain in full force, except as herein specially otherwise provided. PROHIBITION AS TO INTOXICATING LIQUORS. And the importation, manufacture, and sale of intoxicating liquors in caid district except for medicinal, mechanical and scientific purposes is hereby prohibited under the penalties which are provided in section nineteen hundred and fifty-five of the Revised Statutes for the wrongful importation of dis- tilled spirits. PRESIDENT TO MAKE NECESSARY REGULA- TIONS, &c. And the President of the United States shall make such regulations as are necessary to carry out the pro- visions of this section. (May 17, 1884.) MINING LAWS OF ALASKA. Section 8 of said Act of May 17, 1884, as above given, provides "That the laws of the United States relating to mining claims and the rights incident thereto, shall, from and after the passage of said act, be in full force and effect in said district of Alaska, subject to such regu- lations as may be made by the Secretary of the Interior, ap* proved by the President." MINING LAWS OF UNITED STATES. Title XXXII, Chapter 6, Revised Stats. U. S. with Amend- * ments, Land Olfiice Instructions, and Forms. MINERAL LANDS RESERVED. Section 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. LANDS OPEN TO PURCHASE. Sec. 2319. 4 July, 1866, 10 MAY, 1872. All valuable mineral deposits in lands belong- ing, to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and pur- chase, and the lands in which they are found to occupation a8 ALASKA. I and purchase, by citizens of the United States and those who have declared their intention to become such, under regula- tions prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the: United States. LENGTH OF CLAIMS. Sec. 2320. 10 May, 187a. Mining: claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valu- able deposits, heretofore located, shall be governed as to lengtb along the vein or lode by the customs regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or r.ore persons, may equal, but shall- not exceed, one thousand rive hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the sur- face, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-tW' , render such limitation necessary. The end lines of each claim shall be parallel to each other. PROOF OF CITIZENSHIP. Sec. 2321. Proof of cit'zen- ship. under this chapter, may consist, in the case of an indi- vidual, of his own affidavit thereof; in the case of an associa- tion of persons unincorporated, of the affidavit of their au- thorized agent, made on his own knowledge, or upon informa- tion and belief; and in the case of a corporation organized un- der the laws of the United States, or of any State or Territory thereof by the filing of a certified copy of their charter or cer- tificate of incorporation. LOCATORS' RIGHTS. Sec. 2322. The locators of all min- ing locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public do- main, their heirs and assigns, where no adverse claim exists- on the tenth day of May, cVhteen nundred and seventy-two, so long as they comply with the laws of the United Stales^ UNITED STATES MINING LAWS. J9 «nd with State, Territorial, and local regulations not in conflict -w'th the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoy- ment of all the surface included within the lines of the loca- tions, and of all veins, lodes, and ledges throughout their en- tire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior oarts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. TUNNEL RIGHTS. Sec. 2323. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to ex- ist, discovered in such tunnel, to the same extent as if discov- ered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel. MINERS' REGULATIONS. Sec. 2324. See amendments of Feb. II, 187s, and July 18, 1894, Post. The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Ter- ritory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold posses- sion of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that 30 ALASKA. its boundaries can be readily traced. All records of mining; claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or paramount monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and sev- enty-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-*" two, ten dollars' worth of labor shall be performed or improve- ments made by the tenth day of June, eighteen hundred and seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such ex penditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to re-location in the same manner as if no location of the same had ever been made, pro- vided ichat the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the c^aim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expend- itures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures. PATENTS, HOW OBTAINED. Sec. 2325. 10 May, 1873. See Amendments of April ^, 1882, post. A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such UNITED STATES MINING LAWS. Sc compliance, together with a plat and fieId*notes of the claim or claims in common, made by or under the direction of the United States surveyor-general, showing accurately the bound- aries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the fil- ing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him desig- nated as published nearest to such claim; and he shall also' post such notice in his office for the same period. The claim- ant at the time of filing this application, or at any time there- after, within the sixty days of publication, shall file with the register a certificate of the United States surveyor-general that five hundred dollars worth of labor has been expended or im- provements made upon the claim by himself or grantors; that the plat is correct, with such further description by such refer- ence to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty day» of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dol- lars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. ADVERSE CLAIM. Sec. 3326. 10 May, 1872. Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries and extent of such adverse I ii \3\f\utmmmmmtm ALASKA. It J claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It «hall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of fiis adverse claim. After such judgment shall have been ren- •dered, the party entitled to the possession of the claim, or any portion thereof, may without giving further notice, file a certi- fied copy of the judgment-roll with the register of the land office, together with the certificate of the surveyor-general that the requisite amount of labor has been expended or improve- ments made thereon, and the description required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole pro- ceedings and the judgment-roll shall be certified by the register to the Commissioner of the General Land Office, and a patent «hall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different por- tions of the claim, each party nvay pay for his portion of the claim with the proper fees, and file the certificate and descrip- tion by the surveyor-general, whereupon the register shall cer- tify the proceedings and judgment-roll to the Commissioner of the General Land Office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever. COSTS. That if, in any action brought pursuant to section twenty-three hundred and twenty-six of the Revised Statutes, title to the ground in controversy shall not be established by cither party, the jury shall so find, and judgment shall be en- tered according to the verdict. In such case costs shall not lie allowed to either party, and the claimant shall not proceed in the land office or be entitled to a patent for the ground in controversy until he shall have perfected his title. Approved March 3, 1881 (ai Stat., 505). UNITED STATES MINING LAWS. 33 VERIFIED BY OATH, ETC. That the adverse claim re- p"* thnt it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars- per acre for such vein or lode claim, and twenty -five feet of surface on each side thereof. The remainder of the placer- claim, or any placer-claim not embracing any vein or lode-claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a whole- vein or lode, such as is described in section twenty-three hun- dred and twenty, is known to exist within the boundaries of a placer-claim, an application for a patent for such placer-claim which does not include an application for the vein or lode claim, shall be construed as a conclusive declaration that the claim- ant of the placer claim has no right of possession of the veia or lode-claim; but where the existence of a vein or lode in a placer-claim is not known, a patent for the placer-claim shall convey all valuable mineral and other deposits within the boundaries thereof. SURVEYORS OF MINING CLAIMS, ETC. Sec. 2334. The surveyor-general of the United States may appoint in eacb land-district containing mineral lands as many competent sur- veyors as shall apply for appointment to survey mining-claims. The expenses of the survey of vein or lode-claims, and the sur- vey and subdivision of placer-claims into smaller quantities than one hundred and sixty acres, together with the costs of publica- tion of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and I! ALASKA. they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land Office shall also have power to establish the maximum charges for surveys and publication of notices under this chap* ter; and, in case of excessive charges for publication, he may designate any newspaper published in a land-district where mines are situated for the publication of mining notices in such dis- trict and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fully informed on the sub- ject, each applicant shall file with the register a sworn state- ment of all charges and fees paid by such applicant for publica- tion and surveys, together with all fees and money paid the reg- ister and the receiver of the land-office, which statement shall be transmitted, with the other papers in the case, to the Commis- sioner of the General Land Office. VERIFICATION OF AFFIDAVITS, ETC. Sec. 2335- All affidavits required to be made under this chapter may be veri- fied before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office In cases of contest as to the mineral or agri- cultural character of the land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a news- paper, to be designated by the register of the land office as pub- lished nearest to the location of such land; and the register shall require proof that such notice has been given. WHERE VEINS INTERSECT, ETC. Sec. 2336. Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right of way through the space of intersection for the purpose of convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, in- cluding all the space of intersection. PATENTS FOR NON-MINERAL LAND, ETC. Sec. 2337. UNITED STATES MINING LAWS. Iff Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for min- ing or milling purposes, such non-adjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith^ subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no locationi hereafter made of such non-adjacent land shall exceed five acres» and payment for the same must be made at the same rate as- fixed by this chapter for the superficies of the lode. The owner of a quartz mill or reduction works, not owning a mine in con* nection therewith, may also receive a patent for his mill-site, as- provided in this section. WHAT CONDITIONS OF SALE MAY BE MADE BY LOCAL LEGISLATURE. Sec. 2338. 26 July, 1866. As a con-^ dition of sale, in the absence of necessary legislation by Con> gress, the local legislature of any State or Territory may pro- vide rules for working mines, involving easements, drainage* and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. VESTED RIGHTS TO USE OF WATER FOR MINING,. &C.; RIGHT OF WAY FOR CANALS. Sec. 3339. 26 July, 1866. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other pur- poses, have vested and accrued, and the same are recognized^ and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shalf be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. PATENTS, PRE-EMPTIONS, AND HOMESTEADS SUB- JECT TO VESTED AND ACCRUED WATER-RIGHTS. Sec. 2340. 9 July, 1870. All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water-rights or rights to ditches and reservoirs used in connec- tion with such water-rights, as may have been acquired under or recognized by the preceding section. ' j8 ALASKA. MINERAL LANDS IN WHICH NO VALUABLE MINES ARE DISCOVERED, OPEN TO HOMESTEADS. Sec. 3341. ^ July, 1866. Wherever, upon the lands heretofore designated «s mineral lands, which have been excluded from survey and tale, there have been homesteads made by citizens of the United States, or persons who have declared their intention to become •citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads shall have a right of pre>emption thereto, and shall be entitled to purchase the same at the price of one -dollar and twenty-five cents per acre, and in quantity not to ex- ceed one hundred and sixty acres; or they may avail themselves •of the provisions of chapter five of this Title, relating to "Home- steads." MINERAL LANDS, HOW SET APART AS AGRICUL- TURAL LANDS. Sec. 2341. a6 July, 1866. Upon the survey of the lands described in the preceding section, the Secretary of the Interior may designate and set apart such portions of the same as are clearly agricultural lands, which lands shall there- after be subject to pre-emption and sale as other public lands, and be subject to all the laws and regulations applicable to the same. ADDITIONAL LAND DISTRICTS AND OFFICERS, POWER OF THE PRESIDENT TO PROVIDE. Sec. 3343. ^ July, 1866. The President is authorized to establish additional land-districts, and to appoint the necessary officers under exist- ing laws, wherevirr he may deem the same necessary for the -public convenien', in executing the provisions of this chapter. PROVISIONS OF THIS CHAPTER NOT TO AFFECT CERTAIN RIGHTS. Sec. 2344. 10 May, i8'»2, c. 152, s. 16, v. I7> P* 96; 9 July, 1870. Nothing contained m this chapter shall "be construed to impair, in any way, rights or interests in min- ing property acquired under existing laws, nor to affect the provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in the construction of a •draining and exploring tunnel to the Comstock lode, in the State of Nevada,*' approved July twenty-five, eighteen hundred And sixty-six. UNITED STATES MINING LAWS. 39 MINERAL LANDS IN CERTAIN STATES EXCEPTED. Sec. a345. i8 Feb., 1873. The provisions of the preceding sec* tions of this chapter shall not apply to the mineral lands sit- uated in the States of Michigan, Wisconsin, and Minnesota, which are declared free and open to exploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona fide entries of such lands within the States named since the tenth of May, eighteen hundred and seventy-two, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of pre-emption as other public lands. GRANT OF LANDS TO STATES OR CORPORATIONS NOT TO INCLUDE MINERAL LANDS. Sec. 2346. 30 Jan. 1865. No act passed at the first session of the thirty-eighth Congrress, granting lands to States or corporations to aid in the construction of roads or for other purposes, or to extend the time of grants made prior to the thirtieth day of January, eight- een hundred and sixty-five, shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant. REPEAL PROVISIONS. TITLE LXXIV. WHAT REVISED STATUTES EMBRACE. Sec. 5595. The foregoing seventy-three titles embrace the statutes of the United States general and permanent in their nature, in force on the ist day of December, one thousand eight hundred and seventy-three, as revised and consolidated by commissioners appointed under an act of Congress, and the same shall be des- ignated and cited as The Revised Statutes of the United States. REPEAL OF ACTS EMBRACED IN REVISION. Sec. 5596. All acts of Congress passed prior to said first day of De- cember, one thousand eight hundred and seventy-three, any portion of which is embraced in any section of said revision. r 40 ALASKA. are hereby repealed, and the section applicable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision, having been repealed or superseded by sub- sequent acts, or not being general and permanent in their na- ture: Provided, That the incorporation into such revision of any general and permane|it provision, taken from an act male- ing appropriations, or from an act containing other provision* of a private, local or temporary character, shall not repeal, or in any way aflect, any appropriation, or any provision of a pri- vate, local, or temporary character, contained in any of said acts, but the same shall remain in force ; and all acts of Con- gress passed prior to said last-named day no part of which are embraced in said revision, shall not be affected or changed by its enactment. ACCRUED RIGHTS RESERVED. Sec. 5597- The re- peal of the several acts embraced in said revision, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause be- fore the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner^ as if sa^d repeal had not been made; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof. PROSECUTIONS AND PUNISHMENTS. Sec. 5598. All offenses comm'tted, and all penalties or forfeitures incurred un- der any statute embraced in »mid revision prior to said repeal may be prosecuted &nd punished in the same manner and with the same effect, as if said repeal had not been i.iade. ACTS OF LIMITATION. Sec. SS99. All acts of limita- tion, whether applicable to civil causes and proceedings, or to the prosecution of offens'is, or for the recovery of penalties or forfeitures, embraced in said revision and covered by said re« peal, shall not be affected thereby, but all suits, proceedings or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be com- menced arid prosecuted within the same time as if said repeal had iio^ -befen made. ^^^^RttA'>^ii£MENT AND CLASSIFICATION OF SliC- T1kI>NSi'"^e6/ 5600. The arrangement and classiification of the iions of this act, or any rules and regulations in pursuance thereof made by the Secretary of the Intericr, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to waich may be added imprisonment for any term noc exceeding six months. Approved June 3, 1878 (20 Stat., 88). AN ACT to amend sections ti^enty-three hundred and twenty- four 9 'A rvventy-three hundred and twenty-five of the Re- vised F« ^u-e8 of the United States concerning mineral lands. Be a Trttv^f nine, and for other purposes." and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of res- ervoiikS excluding so far as practicable lands occupied by ac- tual settlers at the date of the location of said reservoirs, and that the provisions of "An act making appropriations for sun- dry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes," which reads as follows, viz: "No person who shall alter the passage of this act enter upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in tke aggregate under all said laws," shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one per- son only agricultural lands and not include lands entered or sought to be entered under mineral land laws. Approved March 3, 1891 (26 Stat., 109s). 9710 M. L— 4 REGULATIONS AND INSTRUCTIONS OF GENERAL LAND OFFICE UNDER FOREGOING STATUTES. MINERAL LANDS OPEN TO EXPLORATION, OC- CUPATION, AND PURCHASE, i. It will be perceived that by the foregoing provisions of law the mineral lands in the public domain, surveyed or unsurveyed, are open to ex- ploration, occupation, and purchase by all citizens of the United States, and all those who have declared their inten- tions to become such. UNITED STATES MINING REGULATIONS. vp" STATUS OF LODE-CLAIMS LOCATED PRIOR TO MAY zo, 187J. a. By an examination of the several sections of the Revised Statutes it will be seen that the atatU9 of lode-claims located previous to the loth of May, 187a, is not changed with regard to their ewtent along the lode or width of surface. MINING RIGHTS ENLARGED. 3. Mining rights ac- quired under such previous locations are, however, enlarged by such Revised Statutes in the following respect, viz.: The lo- cators of all such previously taken veins or lodes, their heira and assigns, so long as they comply with the laws of Congress and with State, Territorial, or local regulations not in conflict therewith, governing mining claims, are invested with the ex- clusive possessory right of all the surface included within the lines of their locations, and of all veins, lodes, or ledgea throughout their entire depth, the top or apex of which lies in- side of such surface lines extended downward vertically, al- throuffh such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side-lines of such locations at the surface, it being expressly provided, however, that the right of possession to such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward, as aforesaid, through the end lines of their locations so continued in their own direction that such planes will inter- sect such exterior parts of such veins, lodes, or ledges; na» right being granted, however, to the claimant of such outside portion of a vein or ledge to enter upon the surface location of another claimant. LIMIT OF POSSESSORY RIGHTS. 4. It is to be dis- tinctly understood, however, that the law limits the possessory right to veins, lodes, or ledges, other than the one named in the original location, to such as were not adversely claimed on May 10, 187a, and that where such other vein or ledge was so adversely claimed at that date, the right of the party so ad- versely claiming is in no way impaired by the provisions of the Revised Statutes. CLAIMS LOCATED PRIOR TO MAY xo, 187a. 5. In or- der to hold the possessory title to a mining claim located prior to May 10. 1872, and for which a patent has not been issued. Jill I 4i ALASKA. the law requires that ten dollara shall be expended annually in labor or improvements on each claim of one hundred feet on the course of the vein or lode until a patent shall have been is- sued therefor; but where a number of such claims are held in common upon the same vein or lode, the aggregate expendi- ture that would be necessary to hold all the claims, at the rate of ten dollars per hundred feet, may be made upon any one claim; a failure to comply with this requirement in aiiy one year subjecting the claim upon which such failure occurred to relocation by other parties, the same as if no previous location thereof had ever been made, unless the claimants under the original location shall have resumed work thereon after such failure and before such relocation. The first annual expendi- ture upon claims of this class should have been performed sub- sequent to May zo, 187a, and prior to January i, 1875. From and after January x, 1875, the required amount must be ex- pended annually until patent issues. By decision of the hon- orable Secretary of the Interior, dated March 4, 1879, such an- nual expenditures are not required subsequent to entry, the date of issuing the patent certificate being the date contem- plated by statute. DELINQUENT OWNEiEl. NOTICE BY CO-OWNER. 6. Upon the failure of any one of several co-owner^ of a vein, lode, or ledge, which has not been entered, to contribute his proportion of the expenditures necessary to hold the claim or claims so held in ownership in common, the co-owners, who have performed the labor or made the improvements as re- quired by said Revised Statutes, may, at the expiration of the year, give such delinquent co-owner personal notice in writing, or notice by publication in the newspaper published nearest the claim for at least once a week for ninety days; and if upon the expiration of ninety days after such notice in writing, or upon the expiration of one hundred and eighty days after the first newspaper publication of notice, the delinquent co-owner shall have failed to contribute his proportion to meet such ex< penditures or improvements, his interest in the claim by law passes to his co-owners who have made the expenditures or im- provements as aforesaid. Where a claimant alleges ownership of a forfeited interest under the foregoing provision, the sworn statement of the publisher as to the facts of publication, g'ving UNITED STATES MINING REGULATIONS. 49 dates and a printed copy of the notice published, should be furnished, and the claimant must swear that the delinquent co- owner failed to contribute his proper proportion within the period fixed by the statute. PATENTS FOR VEINS OR LODES SUED. HER'ETOFORE IS- RIGHTS ENLARGED. 7. Rights under patents for veins or lodes heretofore granted under previous legislation of Con- gress are enlarged by the Revised Statutes, so as to invest the patentee, his heirs or assigns, with title to all veins, lodes, or ledges throughout their entire depth, the top or apex of which lies within the end and side boundary lines of his claim on the surface, as patented, extended downward vertically, al- though such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side-lines of the claim at the surface. The right of possession to such outside parts of such veins or ledges to be confined to such portions thereof as lie between vertical planes drawn downward through the end lines of the claims at the surface, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges; it being expressly provided, however, that all veins, lodes, or ledges, the top or apex of which lies inside such sur- face locations, oth>er than the one named in the patent, which which were adversely claimed on the 10th of May, 1872, are ex- cluded from such conveyance by patent. 8. Applications for patents for mining claims pending at the date of the act of May 10, 1872, may be prosecuted to final de- cision in the General Land Office, and where no adverse rights are affected thereby, patents will be issued in pursuance of the provisions of the Revised Statutes. MANNER OF LOCATING CLAIMS ON VEINS OR LODES AFTER MAY 10, 187a. (Forms, see index.) 9. From and after the loth of May, 1872, any person who is 4 ALASKA. 11 i r VI a citizen of the United States, or who has declared his inten- tion to become a citizen, may locate, record, and hold a mininir claim of fifteen hundred linear feet along the course of any mineral vein or lode subject to location; or an association of persons, severally qualified as above, may make joint location of such claim of fifteen hundred feet^ but in no event can a lo' cation of a vein or lode made subsequent to May lo, i97z, ex- ceed fifteen hundred feet along the course thereof, whatever may be the number of persons composing the association. LODE CLAIM CANNOT EXCEED. lo. With regard to the extent of surface-ground adjoining a vein or lode, and claimed for the convenient working thereof, the Revised Stat> utes provide that the lateral extent of locations of veins or lodes made after May lo, 1872, shall in no case exceed three hundred feet on each side of the middle of the vein at the sur- face, and that no such surface rights shall be limited by any mining regulations to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the loth Mav, i^yt, mav render such limita- tion necessary; the end linegeneral ; one plat and the original field-notes to be retained in the office of the surveyor-general, one copy of the plat to be given the claimant for posting upon the claim, one plat and a copy of the field-notes to be given the claimant for filing with the proper register, to be finally transmitted by that officer, with other papers in the case, to this office, and one plat to be sent by the surveyor-general to the register of the proper land dis- trict to be retained on his files for future reference. As there is no resident surveyor-general for the State of Arkansas, appli- cations for the survey of mineral claims in said State should be made to the Commissioner of this office, who, under the law» is ex officio the U. S. surveyor-general, PLAT OF SURVEY TO BE POSTED. 29. The claimant is then required to post a copy of the plat of such survey in a conspicuous place upon the claim, together with notice of his intention to apply for a patent therefor, which notice will give the date of posting, the name of the claimant, the name of the claim, mine or lode; the mi .ng district and county; whether the location is of record, ana, 1.' so, where the record may be found; the number of feet claimed along the vein and the pre- sumed direction thereof; the number of feet claimed on the lode in each direction from the point of discovery, or other well defined place on the claim; the name or names of adjoin- ing claimants on the same or other lodes; or, if none adjoin» the names of the nearest claims, etc. COPY TO BE FILED. 30. After posting the said plat and notice upon the premises, the claimant will file with the proper register and receiver a copy of such plat and the field- notes of survey of the claim, accompanied by the affidavit of at leas^ two credible witnesses, that such plat and notice are posted conspicuously upon the claim, giving the date and place of such posting; a copy of the notice so posted to be attached to, and form a part of, said affidavit. UNITED STATES MINING REGULATIONS. 57 OATH OF CLAIMANT. 31. Accompanying the field-notes so filed must be the sworn statement of the claimant that he has the possessory right to the premises therein described, in virtue of a compliance by himself (and by his grantors, if he claims by purchase) with the mining rules, regulations, and customs of the mining district, State, or Territory in which the claim lies* and with the mining laws of Congress; such sworn statement to narrate briefly, but as clearly as possible, the facta constituting such compliance, the origin of his possession, and the basis of his claim to a patent. EVIDENCE REQUIRED. 32. This affidavit should be sup- ported by appropriate evidence from the mining recorder's of- fice as to his possessory right, as follows, viz. : Where he claims to be the locator, or a locator in company with others who have since conveyed their interest in the location to him, a full, true» and correct copy of such location should be furnished, as the same appears upon the mining records; such copy to be at- tested by the seal of the recorder, or if he has no seal, then he should make oath to the same being correct, as shown by his records. Where the applicant claims only as a purchaser for valuable consideration, a copy of the location record must be filed under seal or upon oath as aforesaid, with an abstract of title from the proper recorder, under seal or oath as aforesaid, brought down as near as practicable to date of filincr the appli- cation, tracing the right of possession by a contii is chain of conveyances from the original locators to the applicant, also certifying that no conveyances affecting the title to the r1 im in question appear of record in his office other than those set. forth in the accompanying abstract. DESTROYED RECORDS. 33. In the event of the mining records in any case having been destroyed by fire or otherwise lost, affidavit of the fact should be made, and secondary evi- dence of possessory title will be received, which may consist of the affidavit of the claimant, supported by those of any other parties cognizant of the facts relative to his location, occupancy, possession, improvements, etc.; and in such case of lost records, any deeds, certificates of location or purchase, or other evi- dence which may be in the claimant's posssession and tend to establish his claim, should be filed. NOTICE TO BE PUBLISHED. 34. Upon the receipt of these papers the register will, at the expense of the claimant f 9S ALASKA. davit of their duly authorized agent, made upon his own 70 ALASKA. ' Icnowledge or upon information and belief, setting forth the residence of each person forming such association, must be submitted. This affidavit must be accompanied by a power of attorney from the parties forming such association, authorizing the person who makes the affidavit of citizenship to act for them in the matter of their application for patent. 7T. In case of an individual or an association of individuals who do not apear by their duly authorized agent, you will re- pliance with this requirement, the entry, location, or selec- tion will be allowed, if otherwise regular. 2. When lands which are sought to be entered as agricul' tural are alleged by affidavit to be mineral or when sought as UNITED STATES MINING REGULATIONS. mineral their non-mineral character is alleged. The proceed- ings in this class oi cases are in the nature of a contest be* tween two or more known parties and are provided for in the rules of practice. III. At the hearings under either of the aforesaid classes, the claimants and witnesses will be thoroughly examined with regard to the character of the land; whether the same has been thoroughly prospected; whether or not there exists within the tract or tracts claimed any lode or vein ot quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or cop* per. or other valuable deposit which has ever been claimed, located, recorded, or worked; whether such work is entirely abandoned, or whether occasionally resumed; if such lode does exist, by whom claimed, under what designation, and in which subdivision of the land it lies; whether any placer mine or mines exist upon the land; if so, what is the character thereof — whether of the shallow surface description, or of the deep cement, blue lead or gravel deposits; to what extent mining is carried on when water can be obtained, and what the facilities are for obtaining water for mining purposes; upon what particular ten-acre subdivisions mining has been done, and at what time the land was abandoned for mining purposes, if abandoned at all. 112. The testimony should also show the agricultural capac- ities of the land, what kind of crops are raised thereon, and the value thereof; the number of acres actually cultivated for crops of cereals or vegetables, and within which particular ten- acre subdivision such crops are raised; also which of these subdivisions embrace the improvements, giving in detail the extent and value of the improvements, such as house, barn, vineyard, orchard, fencing, etc., and mining improvements. 113. The testimony should be as full and complete as pos- sible; and in addition to the leading points indicated above, where an attempt is made to prove mineral character of lands which have been entered under the agricultural laws, it should show at what date, if at all, valuable deposits of min- eral were first known to exist on the lands. 114. When the case comes before this office, such decision will be made as the law and the facts may justify; and in cases where a survey is necessary to set syjart the mineral from the agricultural land, the necessary instructions will be ;t» ALASKA. given to enable the proper party at his own expense, to have the work done, at his option, either by United States deputy, county, or other local surveyor; the survey in such case, where the claims to be segregated are vein or lode claims, must be executed in such manner as will conform to the requirements in section 2320, U. S. Revised Statutes, as to length and width and parallel end lines. 115. Such survey when executed must be properly sworn to by the surveyor, either before a notary public, officer of a court of record, or before the register or receiver, the depo- nent's character and credibility to be properly certified to by the officer administering the oath. 1x6. Upon the filing of the plat and field notes of such survey, duly sworn to as aforesaid, you will transmit the same to the surveyor-general for his verification and approval; who, if he finds the work correctly performed, will properly mark out the same upon the original township plat in his office, and furnish authenticated copies of such plat and description both to the proper local land office and to this office, to be affixed to the duplicate and triplicate township plats resp tively. 117. With the copy of plat and description furnished the local office and this officer must be a diagram tracing, veri- fied by the surveyor-general, showing the claim or claims seg- regated, and designating the separate fractional agricultural tracts in each 40-acre legal subdivision by the proper lot num- ber, beginning with No. i in each section, and giving the area in each lot, the same as provided in paragraph 45, in the sur- vey of mining claims on surveyed lands. 118. The fact that a certain tract of land is decided upon testimony to be mineral in character is by no means equiva- lent to an award of the land to a miner. A miner is compelled by law to give sixty days' publication of notice, and posting of diagrams and notices, as a preliminary step, and then, before he can enter the land, he must show that the land yields min- eral; that he is entitled to the possessory right thereto in vir- tue of compliance with local customs or rules of miners, or by virtue of the statute of limitations; that he or his grantors have expended, in actual labor and improvements, an amount of not less than five hundred dollars thereon, and that the claim is one in regard to which there is no controversy or op- posing claim. After all the»e proofs are met, he is entitled UNITED STATES MINING REGULATIONS. 79- to have a survey made at his own cost where a survey is re* Quired, after which he can enter and pay for the land em- braced by his claim. iiQ. Blank forms for proofs in niinrral cases are not fur- nished by the General Land Office. THOMAS H. CARTER, Commissioner. JOHK VV. NOBLE, Secretary. Approved December lo, 1891. (United States Mining Forms are given in last part of this book. See index.) Department of the Interior, General Land Office. Washington, D. C, October 12, 1892. Registers and Receivers, United States Lstnd Offices: GENTLEMEN: Attached is a copy of the act of Congress of August 4, 1892, entitled "An act to authorize the entry of lands chiefly valuable for building stone under the placer min- ing laws." The first section of said act extends the mineral land laws already existing so as to bring land chiefly valuable for build- ing-stone within the provisions of said law to the extent of au- thorizing a placer entry of such land. The proviso to said first section excludes lands reserved for the benefit of the public «chool8 or donated to any State from entry under the act. In cases that may arise hereafter in reference to any lands subject to entry under the mining laws, you will be governed by said act in admitting such entries. The proper instructions for your guidance in so doing may be found in official circular of December 10, i8gi, entitled "United States Mining Laws and Regulations Thereunder," to which you are referred, and your special attention is called to the law and instructions therein relating to placer claims. It is not the understanding of this office that the first sec- tion of said act of August 4. 1892, withdraws land chiefly valu- able for building-stone from entry under any existing law ap- plicable thereto. The second section of said act of August 4, 1892, makes the •So ALASKA. timber and stone act of Jtme 3, 187S (20 Stat., 89), applicable to all the public land States. You will observe the same in acting upon- applications for entries in your respective dis- tricts. For instructions you are referred to the general cir- cular of February 6, 1892, pages 35 to 38 inclusive. In allowing placer entries for stone chiefly valuable for building purposes, under first section of the ac of August 4, 1892, you will make a reference to said act on the entry papers returned. Very respectfully, 1/ W. M. STONE, Acting Commissioner. Approved October 12, 1892: * GEO. CHANDLER, Acting Secretary. (PUBLIC— NO. 199.) AN ACT to authorize the entry of lands chiefly valuable for building-stone under the placer mining laws. Be it enacted by the Senate and House of Representatives of the United Staten of America in Congress assembled. That any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building-stone under the provisions of the law in relation to placer mineral claims: Provided, That lands re- served for the benefit of the public schools or donated to any State shall not be subject to entry under this act. Sec. 2. That an act entitled "An act for the sale of timber lands in the States of California, Oregon, Nevada, and Wash- ington Territory," approved June third, eighteen hundred and seventy-eight, be, and the same is hereby, amended by strik- ing out the words "States of California, Oregon, Nevada, and Washington Territory" where the same occur in the second and third lines of said act, and insert in lieu thereof the words "Public-land States," the purpose of this act being to make said act of June third, eighteen hundred and seventy-eight, applicable to all the public-land States. Sec. 3- That nothing in this act shall be construed to re- peal section twenty-four of the act entitled "An act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one. Approved August 4, 1892. UNITED STATES MINING REGULATIONS. Br for Department of the Interior, General Land Office. Washington, D. C, October 34, 189a. Registers and Receivers, United States Land Offices: GENTLEMEN: In addition to instructions contained in general circular of February 6, 1893, pages 35 to 38, inclusive, and pages 147 and 148, in relation to the timber and stone act of June 3, 1B78, extended by the act of August 4, 189a, referred to in circular A of October u, 1S92, you are advised as follows: I. That entries made under section one of said act are re* quired to be kept and reported in consecutive and numerical order in your mineral land series. a. That entries made under section two of said act are re* quired to be kept and reported in consecutive numerical order in your regular agricultural cash series. Necessary additional blank forms for entries under said act are as follows: Form Nos. 4— 337*. 4—3^3; 4— 37o; 4—371 » 4—537; 4— 658 C Very respectfully, W. M. STONE, Acting Commissioner. Itimber Wash- id and strik- la. and second words make ■eight, to re- repeal March AN ACT to amend section numbered twenty-three hundred and twenty-four of the Revised Statutes of the United States relating to mining claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the provisions of section numbered twenty-three hundred and twenty four of the Revised Statutes of the United States, which require that on each claim located after the tenth day of May, eighteen hundred and seventy-two, and until patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made dur- ing each year, be suspended for the year eighteen hundred and ninety-four, so that no mining claim which has been regularly located and recorded as required by the local laws and mining regulations shall be subject to forfeiture for nonperformance of the annual assessment for the year eighteen hundred and ninety-four: Provided, That the claimant or claimants of anjr mining location, in order to secure the benefits of this act^ fia ALASKA. shall cause to be recorded in the office where the location no- tice or certificate is filed on or before December thirty-first, eighteen hundred and ninetv-four, a notice that he or they in good faith intend to hold and work said claim; Provided, how- ever. That the provii.ions of this act shall not apply to the State of South Dakota. Sec. 2. That this act shall take effect from and after its passage. Approved July i8, 1894 (28 Stat., 114). 'm ■ Department of the Interior, General Land Office. Washington, D. C, November 7, 1895. Paragraphs 32, £o, and 51 of the "United States Mining Laws and Regulations Thereunder," approved December 10, 1891, are amended to reud as follows: 32. This affidavit should be supported by appropriate evi- dence from the mining recorder's office as to his possessory right, as follows, viz: Where he claims to be the locator, or a locator in company with others who have since conveyed their interest in the location to h:m, a full, true, and correct copy of such location notice should be furnished, as the same appears upon the mining records; such copy to be attested by the seal of the recorder, or if he has no seal, then he should make oath to the same being rjrrec: as shown by his records. Where the applicant claims only as purchaser, a copy of the location record must be filed under seal or upon oath as afore- said, vith an abstract of title, under seal c^ oath as aforesaid, brouRht down to date of filing the application, tracing the right of possession by a continuous chain of conveyances from the original locators to the applicant, also certifying that no conveyances affecting the title to the claim in question appear of record other than those set forth in the accompanying ab- stract. The abstracts herein required may be certified to by the proper recorder, or by any abstracter or abstract company, duly authorized by State or Territorial statute, if abstracts so certified by abstracters or abstract companies are by statute receivable as evidence in the courts of such State or Territory, UNITED STATES MINING REGULATIONS. 83. in the same manner and to like extent that abstracts certified by the recorder are now admitted: Provided, That proof be furnished that the abstracts so certified by abstractors or ab- stract companies are receivable as evidence in courts as afore- said. 50. The rights granted to locators under section 2322, Re- vised Statutes, are restricted to such locations on veins, lodes, or ledges as may be ^'situated on the public domain." In ap- plications for lode claims where the survey conflicts with a prior valid lode claim and the ground in conflict is excluded, the applicant not only has no right to the ex;..iuded ground, but he has no right to that portion of any vein or lode the top- or apex of which lies within such excluded ground, unless his location was prior to May 10, 1872. His right to the lode claimed terminates where the lode, in its onward course or strike, intersects the exterior boundary of such excluded ground and passes within it. The end line of his snrvey should not, therefore, be established beyond such intersection. 51. Where, however, the lode claim for which survey is be- ing made was located prior to the conflicting claim, and such conflict is to be excluded, in order to include all ground not so excluded the end line of the survey may be established within the conriicting lode claim, but the line must be so run as not to extend any farther into such conflicting claim than may be necessary to make such end line parallel to the other end line and at the same time embrace the ground so held and claimed. The useless practice in such cases of extending both the side !iiies of a survey into the conflicting claim, and establishing an end line wholly within it, beyond a point necessary under the rule just stated, will be discontinued. Very respectfully, S. W. LAMOREUX, Conmissioner. Approved : HOKE SMITH, Secretary of the Interior. /^. ? ;! it. I ll' ' ( I • m PUB] PART III ALASKA 1 PUBLIC LANDS OTHER THAN MLN'ERAL TOWH SITES. TRADING AND MANUFAC- TURLNG PURPOSES. PART 3. k .* J 'i: PUBLIC LANDS OF ALASKA OTHER THAN MINERAL. —TOWN SITES, TRADING AND MANUFAC- TURING PURPOSES. The United States General Land Laws do not apply to Alaska (Section eight, Act of May 17th, 1884. See page 24). REGULATIONS PROVIDED BY THE COMMISSIONER OF THE GENERAL LAND OFFICE. Department of the Interior, General Land Office. Washington, D. C, June 3, 1891. Sections 11, il, 13, 14 and 15 of an act of Congress approved March 3, 1S91, entitled "An act to repeal timber-culture laws, and for other purposes," make provisions, under certain con- ditions, restrictions, and exceptions, for the disposal of public land in the Territory of Alaska for town-site purposes, and for the use and necessities of trade and manufactures, as fol- lows: Sec. II. That until otherwise ordered by Congress lands in Alaska may be eiitered for town-site purposes, for the sev- eral use and benefit of the occupants of such town sites by such trustee or trustees as may be named by the Secretary of the Interior for that purpose, such entries to be made under the provisions of section twenty-three hundred and eighty- seven of the Revised Statutes as near as may be; and when such entries shall have been made the Secretary of the Interior shall provide by regulation for the proper execution of the trust in favor of the inhabitants of the town site, including the survey of the land into lots, according to the spirit and intent of said section twenty-three hundred and eighty-seven of the Revised Statutes, whereby the same result would be reached as though the entry had been made by a county judge and the disposal of the lots in such town site and the proceeds of the sale thereof had been prescribed by the legislative au- thority of a State or Territory; Provided, That no more than six hundred and forty acres shall be embraced in one town- site entry. V PUBLIC LANDS NON-MINERAL. 87 Sec. 12. That any citizen of the United States twenty-one years of age, and any association of such citizens, and any corporation incorporated under the laws of the United States, or of any State or Territory of the United States now author- ized by law to hold lands in the Territories now or hereafter in possession of and occupying public lands in Alaska for the purpose of trade or manufactures, may purchase not ex- ceeding one hundred and sixty acres, to be taken as near as practicable in a square foim, of such land at two dollars and fifty cents per acre: Provided, That in case more than one person, association, or corporation shall olaim the same tract of land the person, association, or corporation having the prior claim by reason of possession and continued occupation shall be entitled to purchase the same; but the entry of no person, association, or corporation shall include improvements made by or in possession of another prior to the passage of this act. Sec. 13. That it shall be the duty of any person, associa- tion, or corporation entitled to purchase land under this act to make an application to the United States marshal, ex offi- cio surveyor-general of Alaska, for an estimate of the cost of making a survey of the lands occupied by such person, as- sociation, or corporation, and the cost of the clerical work necessary to be done in the office of the said United States marshal, ex officio surveyor-general; and on the receipt of such estimate from the United States marshal, ex officio sur- veyor-general, the said person, association, or corporation shall deposit the amount in the United States depository, as is required by section numbered twenty-four hundred and one, Revised Statutes, relating to deposits for sur\-eys. That on the receipt by the United States marshal, ex officio surveyor-general, of the said certificates of deposit, he shall employ a competent person to make such survey, under such rules and regulations as may be adopted by the Secretary of the Interior, v/ho .shall make his return of his field-notes and maps to the office of the said United States marshal, ex offi- cio surveyor-general; and the said United States marshal, ex officio surveyor-general, shall cause the said field-notes and plats of such survey to be examined, and if correct, approve the same, and shall transmit certified copies of such maps and plats to the office of the Commissioner of the General Land Office. .* !' ^ ALASKA- That when the said field notes and plats of said survey shall have been approved by the said Commissioner of the General Land Office, he shall notify such person, association, or corporation, who shall then, within six months after such notice, pay to the said United States marshal, ex officio sur* veyor-general, for such land, and pateat shall issue for the same. Sec. 14. That none of the provisions of the last two preced- ing sections of this act shall be so construed as to warrant the sale of any lands belonging to the United States which shall contain coal or the precious metals, or any town site, or which shall be occupied by the United States for public pur- poses, or which shall be reserved for such purposes, or to which the natives of Alaska have prior rights by virtue of actual occupation, or which shall be selected by the United States Commissioner of Fish and Fisheries on the islands of Kadiak and Afognak for the purpose of establishing fish-cul- ture stations. ^And all tracts of land not exceeding six hun- dred and forty acres in any one tract now occupied as mission- ary stations in said district of Alaska are hereby excepted from the operation of the last three preceding sections of this act. No portions of the island of the Priblov Group or the Seal Islands of Alaska shall be subject to sale unaer this act; and the United States reserves, and there shall be reserved in all patents issued under the provisions of the last two preceding sections the right of the United States to regulate the taking of salmon and to do all things necessary to protect and pre- vent the destruction of salmon in all the waters of the lands granted frequented by salmon. Sec. IS- That until otherwise provided by law the body of lands known as Annette Islands, situated in Alexander Archi- pelago in southeastern Alaska, on the north side of Dixon's Entrance, be, and the same is hereby, set apart as a reserva- tion for the use of the Metlakahtla Indians, and those people known as Metlakahtlans wh^ have recently emigrated from British Columbia to Alaska, and such other Alaskan natives as may join them, to be held and Uised by them in common, under such rules and regulations, and subject to such restric- tions, a« may be prescribed from time to tim<^ by the Secretary of the Interior. Pursuant to these prv> visions, I have prepared the following rules a ex offic ister an under s ferred t tions as them ui shall fir in conm manufaci I. Af person c authorize The appl land souj geographi mate vaj previously a copy of Pany the tains neit such state cation in< another, p elude any by virtue portion of tions, or a for public sioner of : under the verified by 2. If. u by the ex cants with one for ofi necessary careful to e sity for ado .r Upon >n a propc: ^ill] PUBLIC LANDS NON-MINERAL. 89 rules and regulations for the observance and direction of the ex officio surveyor-general of said Territory, the ex officio reg- ister and receiver of the Sitka land office, the trustees appointed under said provisions, and all other officials mentioned or re- ferred to herein, and such persons, associations, and corpora- tions as desire to take advantage of the rights guaranteed to> them under the provisions of said act, and for convenience i shall first develop the mode of procedure and re(iuirement» in connection with entries made for purposes of trade and manufactures, to wit: 1. Applications ior surveys must be made in writing, ijy the person entitled to purchase land under said act, or by the authorized agent of the association or corporation so entitled. The application must particularly describe the character of the land sought to be surveyed, and, as accurately as possible, its- geographical position, with the character, extent, and approxi- mate value of the improvements. If a private survey had previously been made of the land occupied by the applicant, a copy of the plat and field-notes of such survey should accom- pany the application, which must also state that the lana coxi- tains neither coal nor the precious metals, with reasons for sueh statement; that no part of the land described in the appli- cation includes improvements made by or in possess ^." of another, prior to the passage of said act; that it does not in- clude any land to which natives of Alaska have prior rights,. by virtue of actual occupation; that it does not include a portion of any town site, or lands occupied by missionary sta- tions, or any lands occupied or reserved by the United States for public purposes, or selected by the United States Commis- sioner of Fish and Fisheries, or any lands reserved from sale under the provisions of this act. These statements must be verified by affidavit. 2. If, upon examination, the application shall be approved by the ex officio surveyor-general, he will furnish the appli- cants with two separate estimates, one for the field work, and one for office work, the latter to include clerk hire and the necessary stationery. The ex officio surveyor-general will be careful to estimate adequate sums in order to avoid the neces- sity tor additional deposits. 3. Upon receiving such estimates, applicants may deposit in a proper United States depository, to the credit of the rj i 90 ALASKA. Treasurer of the United States, on account of surveying the public lands in Alaska, and expenses incident thereto, the sums so estimated as the total cost of the survey, including field and ofHce work. 4. The original certificate must in every case be forwarded to the Secretary of the Treasury, the duplicate to the ex officio surveyor-general, the triplicate to be retained by the applicant as his receipt. 5. The triplicate certificate of deposit will be receivable in payment to the extent of the amount of such certificate, for the land purchased, the surveying of which is paid for out of such deposit, as provided in section 2403 of the Revised Statutes. (See par. 9, post.) 6. Where the amount of the certificate or certificates is lesn than the value of the lands taken, the balance must be paid in cash. But where the certificate is for an amount greater than the cost of the land, and is surrendered in full payment for such land, the United States marshal, ex officio surveyor* general, will indorse on the triplicate certificate the amount for which it is received, and will charge the United States with that amount only. There is no provision of law authorizing the issue of duplicate certificates for certificates lost and de- stroyed. 7. Where the amount of the deposit is greater than the cost of survey, including field and office work, the excess is repay- able, as under the provisions of section 2403 of the Revised Statutes, upon an account to be stated by the ex officio surveyor-general, who will in all cases be careful to express upon the plats of each survey the amount deposited as the cost of survey in the field and office work, and the amount to be refunded in each case. No provision of law exists, however, for refunding to other than the depositor. S. Before transmitting accounts for refunding excesses, the ex officio surveyor-general will indorse on the back of the triplicate certificate the following: "$ refunded to , by account transmitted to the General Land Office with letter dated ,** and will state in the account that he has made such indorsement. Where the whole amount deposited is to be refunded, the ex officio surveyor-general will require the depositor to surrender the triplicate certificate, and will transmit it to this office with the account. 9. ' amendi relating not ap under ; statute ment, ] of the triplicat positors 10. 1 been de of the e: advance to pay t ^inarterly upon bla: n. Tt to the cr ment of 1 the surve fice, and ^or paym( 12. Th class of J owing to in many < distance b ffeneral, spondence. point as m for the p, required to dollars ($5, the instruc fice and th of Alaska, in pursuan surveyor, _ States mars and instruc \ PUBLIC LANDS NON-MINERAL. 91 9. The provisions of section 2403 of the Revised Statutes, as amended by the act of March 3, 1879 (20 Stat, at Large, p. 352), relating to the assignment of certificates by indorsement, are not applicable to certificates of deposits for surveys in Alaska under said act of March 3, 1891, for the reason that the former statute contemplates the use of the certificates, after assign- ment, by settlers under the pre-emption and homestead laws of the United States and not otherwise. Therefore, these triplicate certificates can only be used by the respective de- positors in payment for lands in Alaska. 10. The amount shown on the face of the certificate to have been deposited for "ofiice work" will be placed to the credit of the ex officio surveyor-general, and, upon his requisition, an advance will be made to him from the Treasury Department to pay the expenses of said "office work." He will render riuarterl> accounis of such funds to the General Land Office upon blanks furnished him for that purpose. 11. The amount deposited for "field work" will be placed to the credit of said work, and will be expended in the pay- ment of the surveying accounts of the deputy surveyors, when the surveys are accepted and the accounts adjusted in this of- fice, and transmitted to the First Comptroller of the Treasury for payment from said deposits. 12. The contract system is not deemed applicable to the class of surveys contemplated by said act of March 3, 1891, owing to the small amounts which will doubtless be involved in many of the surveys, and particularly in view of the great distance between this office, and that of the ex officio surveyor- general, and the consequent inconvenient delays in corre- spondence. The ex officio surveyor-general will therefore ap- point as many competent deputy surveyors as may be necessary for the prompt execution of the surveys, who will each be required to enter into a bond in the penal sum of five thousand dollars ($5,000) for the faithful execution, according to law and the instructions of the Commissioner of the General Land Of- fice and the United States marshal, ex officio surveyor-general of Alaska, of all surveys which are required of him to be made in pursuance of his appointment as United States deputy surveyor, and for the return of said surveys to the United States marshal, ex officio surveyor-general, as required by law and instructions. The bonds, in duplicate, will be forwarded ■ 92 ALASKA. for acceptance by this office. Upon appointment, the deputy must take the oath of office required by section 2223 of the Re* vised Statutes. 13. When the duplicate certificates of deposit of the amounts estimated for field and office work, shall have been received by the ex officio surveyor-general, the requisite instructions for the surveys and making returns thereof will be issued to the deputy surveyor who may be designated to do the work. The amount of compensation to the deputy surveyor mus^ be stated in the instructions and the same must not exceed the amount deposited for the field work. The land to be surveyed under any one application, can not exceed one hundred and sixty acres, and it must be in one compact body, and as nearly in square form as the circumstances and configuration of the land will admit. I.'. The instruments used in the execution of these surveys should be the same as those required for subdivisional surveys of public lands (see paragraph 6, page 18 of Manual), or an engineer's transit of approved make, and must be registered and tested at the ex officio surveyor-general's office, previous to the deputy commencing work, as directed in paragraph 7, page 19 of Manual. IS. The surveys will be numbered consecutively, beginning with number one. The true magnetic variation must be noted at the beginning point of each survey, as well as any marked changes during the progress of the work, and at the end of each line of the survey the character of the soil, and the amount of timber, etc., must be noted at the end of the record thereof. The requirements in the "summary of objects and data required to be noted," as set forth in the instructions for the survey of public lands (Revised Manual of Surveying In- structions, dated December 2, iS8g, pages 44 and 45), must be observed by the deputy in these surveys. All corners must be marked by stone monuments, containing not less than 1,728 cubic inches. At the beginning point upon the outboundaries of each tract surveyed, a corner must be established with two pits (when practicable) of the size required for standard town- ship corners, one upon each side of the corner on the line, and six feet distant. Upon the side of such corner facing the claim, the stone will be marked "S. No.--" (for survey No.—), and immediately under the same, the letters "Beg. Cor. I" (for deepl the 1 sever; of th« side i \o. i fore p tacli c to tho may bi cial wi distanc more ti venieiit structio: ^''jjects underne case ma 16. Y tJie froni high-wat< at such PosaJ, aJ At the mark, on Manual f six feet ( a mound mound to base), mu ticable, if covered w ^e will b< ered with quired by ners. Bq, established aries of th common to 17. The l'Ul'.I-[C LANDS NO N -MINERAL. 93 |o. — )f I" (for beginning corner one). These marks must be neatly and deeply cut, for the sake of legibility and permanence. From the beginning corner the deputy will proceed to survey the several lines of the tract, in accordance with the instructions of the ex officio surveyor-general, marking each corner on the side facing the claim with number of the survey, and "Cor. No. li," "Cor. No. Ill," etc., with pits of the size hereinbe- fore prescribed, upon the lines closing upon and starting from each corner and six fett distant. Such other marks, in addition to those above described, will be placed upon the corners, as may be required by the ex officio surveyor-general in his spe- cial written instructions. As far as practicable, bearings and distances must be taken from each of the corners to two or more trees, or prominent natural objects, if any, within a con- venient distance, in the same manner as required in the in- structions for the survey of public lands, and such trees or objects must be marked with the number of the survey and underneath the same the letters "li. T." or "B. O." as the case may be. i6. \\ here a tract to be surveyed fronts upon tide- water, the ironi cr meander line of the tract will be run at ordinary high-water mark, and the side lines of the tract will terminate at such high-water mark, thus excluding from survey and dis- posal, all lands situated between high and low-water marks. At the corners marking the termini of lines at high-water mark, one pit only will be dug, of the size pre.scribed in the Manual for meander corners, on the side toward the land and six feet distant. At all corners where pits are impracticable, a mound of stone (consisting of not less than four stones, the mound to be at least one and a half feet high with two feet base), must be constructed and in cases where pits are prac- ticable, if the deputy prefers raising a mound of stone, or stone covered with earth, as more likely to perpetuate the corner, he will be permitted to do so. For a mound of stone "cov- ered with earth," the height and base will be the same as re- quired by the Manual for a mound of earth for township cor- ners. Boundaries or portions : f boundaries of previously established surveys, which also iotm a portion of the bound- aries of the claim to be survey r"-], v^ill be adopted so far as common to both surveys. 17. The proper blank books for field-notes will be furnished IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 1.25 Ui ^ 12.2 ffiolDgrapljic Sdences Corporation 73 WKT MAIN STRUT WliSTIR.N.Y. 14S«0 (716) •72-4S03 r .^ ?^ 94 ALASKA. by the ex officio surveyor-general, and in such books the deputy surveyor, official plat will be prepared in iriplicate, the everything officially done and observed by himself and his assistants pursuant to instructions in relation to running, meas- uring, and marking lines, and establishing corners, and present as far as possible, a full and complete topographical description of the tract surveyed. From the data thus recorded at the time when the work is done on the ground, the deputy must prepare the true field-notes of the surveys executed by him, and return the same to the ex officio surveyor-general at the earliest practicable date, after the completion oi his work in the field. The true field-notes are in no case to be made out in the office of the ex officio surveyor-general. The true field- notes and the transcript field-notes for this office must be writ- ten in a bold, legible hand, in durable black ink, upon paper of foolscap size. Each survey will be complete in itself. The first or title page of each set of field-notes is to describe the subject-matter of the same, the locus of the survey, by whom surveyed, the date of the instructions, and the dates of the commencement and completion of the work. A general de- scription of each tract must be given at the end of the tield- notes of the survey of the same, which description must em- brace a brief statement of the main features of the tract sur- veyed, character of the land, timber, and other natural growth, v;hether there are any indications ot mineral, characteristics of mountains, streams, etc., and the extent and character of the improvements. All facts relative to the present occupancy of the land must be particularly noted. In preparing the true field-notes of the survey, the form prescribed in the Manual will be followed as nearly as practicable. The names of assist- ants, with duties assigned to each, and the preliminary and final oaths of assistants, and final oath of the deputy, mu3t be attached to the field-notes of each survey. The deputy sur- veyor must return with the field-notes a topographical map or plat of the survey. As far as practicable all objects described in the field-notes and the main features of the tract surveyed, including location of buildings, streams, mountains, etc., must be protracted upon such plat as accurately as possible. The course and length of each line will be expressed upon the plat. The deputy will note all objections ^o his survey that may be brought to his knowledge, and the ex officio surveyor-general PUBLIC LANDS XOX-MINERAL. 95 will promptly report to ihis office all complaints made to him, and send up all protests filed in his dffice, together with a full report thereon. 18. From the plat and field-notes submitted by the deputy surveyor, the official plat will be prepared in triplicate, the original to be retained in the office of the ex officio surveyor- general, the duplicate to be forwarded to this office, and the triplicate, after notice of approval by the Commissioner, to be filed in United States district land office. All plats of these surveys must be made upon drawing paper of the best quality, and of uniform size, 19 by 24 inches (the size used for town- ship plats of public land surveys). Upon each plat will be .placed an appropriate title and the certificate of approval by ex officio s*trveyor-general. The title will be placed upon the upper right-haiid corner of the plat. Immediately below will be placed the ex officio surveyor-general's approval, with suffi- cient space on the lower right-hand corner for the Commis- sioner's approval. In all cases where the tracts are bounded . in part by meanders, a table of the courses and distances of such meanders will be placed upon the plat. When the claim approaches one hundred ana sixty acres in extent, the plat may be protracted upon a scale of five chains to one inch. For surveys of smaller extent the scale may be suitably in- creased. A Cicar margin two inches in width should be !ctt upon all sides of each plat. The magnetic declination must be indicated upon the plats; also the scale ot protraction. The use of all fluids, except a preparation of India .ink of Rood quality, must be avoided by the draughtsman in the delinea- tion of these surveys. All lines, figures, etc., must be sharply defined. All lettering on the plats must be clear and sharp in outline and design, and ornamentation of any kind is pro- hibited. 19. One copy of the instructions to the deputy must be for* warded with the returns of survey, and one copy must accom- pany the account of the deputy. The returns and accounts will be forwarded with separate letters of transmittal. ao. The survey having been approved, it shall be the duty of such person, association, or corporation, within six months after notice thereof, to apply in writing to the United States court commissioner, ex officio register of the Sitka land office, to make proof and entry, in due form, reciting the name of the ALASKA. party who will make the entry, the name and geographical location of the land applied for, the place and date of making proof, and the names of four witnesses by whom it is proposed to establish the right of entry. This notice will be published by said commissioner once a week for six consecutive weeks at the applicant's expense, in a newspaper published nearest to the land applied for. Copies of said notice must be posted in the office of the ex officio register, and in a conspicuous place upon the land applied for, for thirty days next preced- ing the date of making proof. The required proof shall con- sist of the affidavits of the applicant and two of the published witnesses, and shall show: First. The actual use and occupancy of the land as a trad- ing post or f9r manufacturing purposes. Second. The date when the land was first so occupied. .'Ihird. The number of inhabitants and character and value of improvements thereon, and the annual value of the trade or business conducted upon the land. Fourth. The non-mineral character of the land as prescribed . in said act. Fifth. That no portion of the land applied for is occupied or reserved for any purpose by the United States, or occupied or claimed by any natives of Alaska, or occupied as a town site or missionary station, and that the tract does not include im- provements made by or in possession of another person, asso- ciation, or corporation prior to the passage of said act. Sixth. If the entry is made for the benefit of an individual, he must likewise prove his citizenship or file record evidence of his declaration of intention to become a citizen. Seventh. If the entry is made for the benefit of an asso- ciation, that and the further fact that over ao per cent of the stock of the association is not held by aliens, must be estab- lished by the certificate of the secretary of the association. Eighth If the entry is made for the benefit of a corpora- tion, that must be established by the certificate of the secretary of the State of Oregon, or any other officer having custody of the record of incorporation, and the further fact that over twenty per cent of the stock of such incorporated company is not held by aliens, must be established by the certificate of ihe secretary of the company. Ninth. Proof of publication of notice for the required time, consii panie( certifi( notice the no of pos specific at. factory the cer respecti to this have be will isst 22. I "lent foi tion, an; tion, or allowanci permitted the comp sJdered b; action tal desire to testimony own beha sworn and that the c the claima I promise, b "Pl«e ^ ?! '""'""ed **• If Upon the /I. paient ment for any tract of 1^*^'"*"^ '°' ««Wng proof .„^ t'on. any other n^r- ^^ * P«"on. assoef«fj "*^ P^^" t'-on. or corpom^"^"' °' '^* '«Presentat!vl n?' ^^ "°'P°'«- allowance of the °"; '^^'"^^ ^^^^ and pr^U *"^ *«»ocia- Permitted to crots! '''. """^ P^^^'tant shou d k T'°'' *h« «d«red b'^ tSe « officio "''" *'""' ^«--5oped wni^KlT,"' «"<> action taken as ffc! '****'«' and survevo, „ * ^^^^^ ^on- testimony of wft ' « .'°*° * <^o«test so asfo • P'^'estant o^n behalf i,r^'** ^^^^^ for the r?! ° introduce the «-or„ a J;^^;^^^^^ be req„iredX t,7T"' "^ '" h« that the comr,? °"*^** "atement of his ^n1 ^®^*" '° A^* a ^'^ «^--rT„d%rt;r;"^*««-' '-'^e^urSt^of^h^^"^ -^ P'omi.e. but in ioodS^,"*-*^ ^-nf hT^unier 7"'»» o^porfui^tT;"' ^'"'"» «»«h the usualTr"' *^'^'"^« o^ the pril^iXsTi "" **"»'"' *heir interel :"°**'* *''^'«°' and •cribed by the Lr/"** ^^^^'^^ «PPl rbfe to .r^'^*"^* '^^th lAe case T^ ^ **' °*«»«' local ^nd ^^ "*•*• ^^^^re reri,. r «" parties in i!r* **' '***^«'on in wriSn* " P*'™'*' «aid I ' '" '"*«•••* thereof. .„d .TlL * «"' ^"* "««<^e * 7 • *■'"*« practicable 98 ALASKA. date forward the papers to this office together with any appeal that may have been filed from their decision. Appeals from the action of this office will lie to the Secretary of the Interior, as in other matters of like character. ata. All town-site entries in said Territory are to be made by trustees* to be appointed by the Secretary of the Interior, according to the spirit and intent of section 2387, United States Revised Statutes, which section provides that the entries of land for such purposes are to be made in trust for the several use and benefit of the occupants thereof, according to their respective interests, and at the minimum price, which in these cases shall be construed to mean $1.35 per acre. When the in- habitants of a place and their occupations and requirements con- stitute more than a mere trading post, but are less than one hundred in number, the town-site entry shall be restricted to one hundred and sixty acres; but where the inhabitants are in number one hundred and less than two hundred, the town-site entry may embrace any area not exceeding three hundred and twenty acres; and in cases where the inhabitants number more than two hundred, the town-site entry may embrace any area not exceeding six hundred and forty acres. It will be observed that no more than six hundred and forty acres shall be em- braced in one town-site entry in said Territory. The system of public surveys not having been extended over any portion of the Territory of Alaska, and no provision being made in said act for the payment of the cost of officially mak- ing a special survey of the exterior lines of the town site? to be entered thereunder, it becomes necessary for the occupants of any town site in said Territory, as a prerequisite to having an entry made of the land claimed by them, to proceed in the same manner and form to secure the special survey of the land, as above prescribed for applicants for lands in said Territory for trade and manufacturing purposes. To that end the rules above set forth and numbered one to nineteen, inclu- sive, are hereby made applicable in manner, form, and detail, to such occupants or their agent in applying for and securing the execution of the special survey of the outboundaries of such town sites, the occupants or agents to be reimbursed foi the money thus expended as hereinafter provided. "04. 6 May, 1895. The fee-simple title to certain real estate | in the towns of Sitka and Kodiak was conferred under Rus- be at by anc stii, of futu men Gov shalj notii ceipt survc by h: title conve bound date c notify right *>y att ri«rht, sions board, parties a case, taiy of «ach in taken submitt same, and evic warded *"eport c shal. ex hereinaft "It St mately fi Wocks in PUBUC LAm^ J^ON-MINEK^L « I««., S3S.); other r«^ ° "" ^'"'«'<" »' »««■. as st^' X':lr- --^^":r. £v*p"r rir t«tle to the several private cJ^u,]'*' *"** »°ed at the ri^h^'**' '*'*"°* owners TsaM'T^: ^"^^ »>°«'d wiH d^^ nght to submit testimony and dl *** ^^*^"** ^^^h of ther by attorney, in support of "Lit "'"**' *^*^«' '« person or "«:ht. within thirty da^s fro« **''*"^ ^^^^^n*'. and of the^- "o°- o' -aid boL. to firar'***' f "°''«* o^ the cond " ptSe; t T^'^'-'^'^^ot:,^^^^^^ with "i^rd, parties be dissatisfied with the ZIT- "^"^ *°y ^nc of s«chi ^ary of the Interior upon such tt ° *PP«*> *<> the Secra. each individual case pJ '*''"• *» 'ball be ores^iK !^ w«d.d direct to tt"f. offi« ""sr' *« "PP'^X.^d b""?." It shall also be the ,.« • i . too ALASKA. for school or other publicf purposes, and of all unclaimed lots or blocks which, in their judgment, should be reserved for school or any other purpose, and to make report of such in- vestigations to the ex officio surveyor-general for his use and guidance, as also hereinafter directed, should no appeal be filed therefrom. "Should an appeal from the action or decision of such board be filed in any case, no further action ^ill be taken by the ex officio surveyor-general until the matter ha* been finally de- cided by this office or the Department. But should no appeal be filed, the ex officio surveyor^general will proceed to direct the survey of the outboundaries of the town site to be made, the same in all respects a& above directed in the survey of land for trade and manufacturing purposes, except that he will accept the report and recommendations made by said board and exclude and accept, by metes and bounds, from the land so surveyed, all the lots and blocks for any purpose recommended to be accepted by said board. The execution of the survey of the lots and blocks thus accepted, shall be made a part of the duties of the surveyor who is deputized to survey the exterior lines of the town site; the survey of such lots or blocks shall be connected by course and distance with a corner of the town- site survey, and also fully described in the field notes of said survey and protracted upon the plat of said town site; and the limits of such lots or blocks will be permanently marked upon the ground in such manner as the ex officio surveyor-general shall direct. In forwarding the plat and field notes of the sur- vey of any town site for the approval of this office, the ex officio surveyor-general will also forward any report that said board iinay have filed with him for approval in like manner." . EDW. A. BOWERS, Acting Commissioner. Approved February 17, 1896. HOKE SMITH, Secretary. as. When the plat and field notes of the survey of the out- boundaries of any town site shall have been approved, and not before, by this office, the Secretary of the Interior will appoint one trustee to make entry of the tract so surveyed, in trust for the < havin by ta ing tt of sail »ted t( requisi Covert cident and giv nient a thereof directed mission* office, a party wt cation of 'he name the right missioner Plicant's 'I'hich th« 'or. Copi the ex offi apphed fo proof. Th applicant 1 (0 the act the numbe o' town h town site; cupied by t nor any Ian s«an rule ac States, nor United Stat notices for f Quired by J proof being ex officio Ten the land shot PUBLIC LANDS NON-MINEkAL. Id the occupants thereof, as provided by said act. The trustee having received his appointment, and qualified himself for duty by taking and subscribing the usual oath of office and execut- ing the bond hereinafter required, will call upon the occupants of said town site for the triplicate receipt for the money depos- ited to meet the expenses of the survey thereof, and for the requisite amount of money necessary in addition to pay the Government for the land as surveyed, and other expenses in- cident to the entry thereof, keeping an accurate account thereof and giving his receipt therefor. And when realized from assess- ment and allotment, he wilt refund the same, taking evidence thereof to be filed with his report in the manner hereinafter directed. He will then file with the United States court com- missioner for Sitka, who is ex officio register of the Sitka land office, a written notice, in due form, reciting the name of the party who will make the entry, the name and geographical lo- cation of the town site, the place and date of making proof, and the names of four witnesses by whom it is proposed to establish the right of entry. This notice will be published by said com- missioner once a week for six consecutive weeks, at the ap- plicant's expense, in a newspaper published in the town for which the entry is to be made, or nearest to the land applied for. Copies of said notice must also be posted in the office of the ex officio register and in a conspicuous place upon the land applied for, for thirty days next preceding the date of making proof. The required proof shall consist of the affidavits of the applicant and two of the published witnesses, and shall show: (i) the actual occupancy of the land for munich>al purposes; (2) the number of inhabitants; (3) the character, extent, and value of town improvements; (4) the non-mineral character of the town site; (5) that said town site does not contain any land oc- cupied by the United States for school or other public purposes, nor any land to which the title in fee was conferred under Rus- sian rule and confirmed by the treaty of transfer to the United States, nor any land for which patents have been issued by the United States; (6) and proof of the publication and posting of notices for the required time, the same in all respects as is re- quired by the ninth subdivision of paragraph so hereof. The proof being accepted and the certificate of entry issued by the ex officio register of the Sitka land office, the purchase priee of the land should be paid to and receipted for by the clerk of the tM ALASKA. district court, who it ex officio receiver of the Sitka land office^ %ft«r which all the papers will be forwarded to this office, and U found to be complete and made in accordance with these in- structions, patent will issue without delay. Cash certificate of entry (No. 4»i89) will be used by the ex officio register in allow* ing all entries authorized by the law and these regulations, and •aid entries will be numbered consecutively beginning with number one. A protest against the allowance of a town-site entry will be heard, and the same permitted to be carried into a contest, in the same manner and under the same conditions as hereinbefore provided in the matter of applications to make en- tries for the purposes of trade and manufactures. a6. It is also made my duty to provide ruleu and regulations for the survey and platting of the town sitCii in Alaska into streets, alleys, blocks, and lots, or for the approval of such sur- veys as may already have been made by the inhabitants thereof, and for the conveyance of the lots and blocks to the occupants of said town sites, according to their respective interests. To accomplish the latter provision necessitates the careful consid- eration of a somewhat difficult problem, involving the right of the natives of Alaska, who constitute the larger part of the population of all the towns in said Territory, but who are not citizens of the United States, to receive title from the Govern- ment to the lots severally occupied and claimed by them. Although the political status of these people remains yet to be determined by legislation, still, the fact that they are held amenable to all the laws made applicable to said Territory in which they have lived at peace with the white settlers for ages, that they far outnumber the citizen and foreign-born population of all those towns in which white men have settled, and that many of them have invested their earnings in property in those towns and are exercising peaceable and undisputed occupancy and right of possession over the same, I therefore deem it proper, in order to further encourage them in adopting civilized life and accepting and following the instruction and example of the teachers, missionaries, and all other right-thinking people who come among them, and equitable and just and within my power, to construe the language of section 3387, United States Revised Statutes, under which town-site entries are made "in trust for the several use and benefit of the occupants thereof, jiccording to their respective interests," in the most liberal and PUBLIC LANDS NON-MINERAL. i«S comprehensive sense and to the advantage of these natives. Therefore, the trustees of the several town sites entered in said Territory shall levy assessments upon the property either oc- cupied or possessed by any native Alaskan the same as if he were a white man, and shall apportion and convey the same to him according to his respective interest, without regard to the question of citizenship. But, in case of white settlers, or as* sociations or corporations, the trustees shall require the same evidence of citizenship or the right to hold real estate, as the case may be, as is required above of purchasers of land for pur- poses of trade or manufactures. 2T. The entry having been made and forwarded to this office, the trustee will cause an actual survey of the lots, blocks, streets, and alleys of the town site to be made, conforming as near as in his judgment it is deemed advisable, to the original plan or survey of such town, making triplicate plats of said survey and designating upon each of said plats the lots occupied, together with the value of the same and the name of the owner or owners thereof; and in like manner he will designate thereon the lots occupied by any corporation, religious organization, or private or sectarian school. When the plats are finally com- pleted, they will be certified to by him as follows: I, the undersigned, trustee of the town site of , Alaska Territory, hereby certify that I have examined the survey of said town site and approved the foregoing plat thereof as strictly conformable to said survey made in accordance with the act of Congress approved March 3, 1891, and my official instructions. One of said plats shall be filed in the land office in the dis- trict where the town site is located, one in the office of the Com- missioner of the General Land Office, and one retained for his own use. The designation of an owner on such plats shall be temporary until final decision of record in relation thereto, and shall in no case be taken or held as in any sense or to any degree a conclusion or judgment by the trustee as to the true ownership in any contested case coming before him. 28. As soon as said plats are completed, the trustee will then cause to be posted in three conspicuous places in the town, a notice to the effect that such survey and platting have been completed and notifying all persons concerned or interested in such town site that on a desigrnated day he will proceed to set off to the persons entitled to the same, according to their re- 104 ALASKA. It ) spective interests, the lots, blocks, or grounds to which each occupant thereof shall be entitled under the provisions of said act. Such notices shall be posted ai least fifteen days prior to the day set apart by the trustee for making such division and allotment. Proof of such notification shall be evidenced by the aiiidavit of the trustee, accompanied by a copy of such notice. 29. After such notice uhall have been duly given, the trustee will proceed on the designated day, except in contest cases which shall be disposed of in the manner hereinafter provided, to set apart to the persons entitled to receive the same, the lots, blocks, and grounds to which each person, company or associ* ation of persona shall be entitled, according to their respective interests, including in the portion or portions set apart to each person, corporation, or association of persons, the improve- ments belonging thereto, and in so doing he will observe and follow as strictly as the platting of the town site will permit the rights of all parties to the property claimed by them as shown and defined by the records of the clerk of the district court of Alaska, who is ex officio recorder of deeds and mort- gages and other contracts relating to real estate in said Ter- ritory. 30. After setting apart such lots, blocks, or parcels, and upon a valuation of the same as hereinbefore provided for, the trustee will proceed to determine and assess upon such lota and blocks according to their value, such rate and sum as will be necessary to pay all expenses incident to the town- site entry. In those cases in which there appears more than one claimant for any lot or block, the trustee will reauire each claimant to pay the assessment, and upon the final deter- mination of the contest as hereinbefore provided for, the un- successful claimant or claimants will be reimbursed in a sum equal to the assessment paid by them, such reimbursements to be properly accounted for by the trustee. In making the as- sessments the trustee will take into consideration: First. The reimbursement of the parties who deposited the money to pay the cost of surveying and platting the out- boundaries of the town site, and who advanced such money as was necessary in addition to pay the purchase price of the land. Second. The money expended in advertising and making proof and entry of the town site. in tl T F F imat trust M effect tions. deed ing fi 31 trustei or m( of Ian « timt the and a with observi before ministe: as near close oi mit, rei vided fc named \ niade b] paper in situated; notice m ritory. C ^ot in cc places in such pub record, n tions in should be be compli time or ej Before trustee wi PUBLIC LANDS NON-MineRaI.. V%m . Mf Third. Th# ««~. . --. • '" hX?j X*r- •-••-«•' ~"'^"""" of Cr '"'■•'"'•'■" cl.im/ne .he °.r"? *'■*" "* «■"»; .w„ o* iand, proce^H tr^ u •"ame lot. hlnr.b « time and Place f u *"** <*««rmine the con ' °' '^^'■"' Cose of the"!"!/" '»»'""« h-» inve, *lte« "'f""'"'* wLr-- •"«'''- '-^^^^^^^^^^ record, marbe * ^ *^ °' "°*^"« '"be' J/ ^'^^^ °' .•^r--:- "■'=r--s: ^r£'^- Before proceeding to a;. ^ .ao6 ALASKA. ( -morning a sum sufficient to cover and pay all costs and ex- penses on such proceedings for that day. At the close of "the contest, on appeal^ or otherwise, the sum deposited by the successful party shall be returned to him, but that deposited 4>y the losing party shall be retained and accounted for by .-said trustee. 32. Any person feeling aggrieved by the decision of the trustee may, within ten days after notice thereof, appeal to the Commissioner of the General Land Office, under the rules (except as to time) as provided for appeals from the opinions •of registers and receivers, and if either party is dissatisfied with the conclusions of said Commissioner in the case, he may .Atill further prosecute an appeal within ten days from notice thereof to the Secretary of the Interior, upon like terms and conditions and under the same rules that appeals are now reg- ulated by and taken in adversary proceedings from the Com* missioner to the Secretary, except as modified by the time within which the appeal is to be taken. All costs in such pro- ceedings will be governed by the rules now applicable to con- tests before the local land offices. 33. The trustee shall receive and pay out all money pro- vided for in these instructions, subject to the supervision of this office, and he shall keep a correct record of his proceed- ings, and an accurate account of all money received and dis- bursed by him, taking and filing proper vouchers therefor, in the manner hereinafter provided; and before entering upon duty he shall, in addition to taking the official oath, also en- ter into a bond to the United States in the penal sum of five thousand dollars ($5,000), for the faithful discharge of his du- •ties, both as now prescribed and furnished by the Department of the Interior. 34. AH lots remaining unoccupied and unclaimed when the trustee shall have made his allotments and assessments will be sold at public outcry, for cash, to the highest bidder. The proceeds of such sales, together with any balance remain- ing in the hands of the trustee to the credit of the town-site •occupants, to be expended, under the direction of the Secre- tary of the Interior, for the benefit of the town. 3S- All payments by the occupants of any town site for any of the purposes above named, except the survey of the outboundaries of the land so entered, shall be in cash, and made recei] maki] fice \ also held the pi .16. allowe actual] duties 37. compJe tures. the lot with a] cial aci of the the sub to the placed < gages a tory of It is copies c will be cases th sent the struction GEO. AJ PUBLIC LANDS NON-MINERAL. 107 te for If the and made only to the trustee thereof, who shall make duplicate receipts for all money paid him, one to be given the party making the payment, and the other to be forwarded to this of- fice with the trustee's papers and accounts. Said trustee shall also take receipts for all money disbursed by him, and be held strictly accountable by this office, under his bond, for the proper handling of the trust funds in his possession. .^6. The trustee of any town site in said Territory will be allowed compensation at the rate of $s per day for each day actually engaged and employed in the performance of his duties as such trustee, and his necessary traveling expenses. 37. The trustee's duties herein prescribed having been completed, the account of all his expenses and expendi- tures, together with a record cf his proceedings and a list of the lots to be sold at public sale, as hereinbefore provided, with all papers in his possession, and all evidence of his offi- cial acts, shall be transmitted to this office to become a part of the records hereof, excepting from such papers, however, the sub-divisional plat of the town site, which he shall deliver to the clerk of the district court, to be made of record and placed on file in his office as ex officio recorder of deeds, mort- gages and other contracts relating to real estate in the Terri- tory of Alaska. jua It is believed that the foregoing regulations, together with copies of the laws, rules and regulations, referred to therein, will be found sufficient for the proper determination of all cases that may arise, but, should unforeseen difficulties pre- sent themselves, the same should be submitted for special in- structions. T. H. CARTER, Commissioner. The General Land Office, Department of the Interior. Approved, June 3, 1891. GEO. CHANDLER, Acting Secretary. ^ . » n no: I'i YUKC mi; Act of Mi PART IV. NORTHWEST TERRITORY AND MANITOBA. YUKON DISTRICT, REGULATIONS FOR PLACER MINING. SASKATCHEWAN DISTRICT, REGULATIONS FOR PLACER MINING. Act of November qth, 1889, which Includes the General Mining Law of the Dominion. Dredging of Rivers, Coal Lands for Domestic Purposes. • PART 4. NORTHWEST TERRITORY AND MANITOBA. YUKON PLACER MINING REGULATIONS GOVERN- ING PLACER MINING ALONG THE YUKON RIVER AND ITS TRIBUTARIES IN THE NORTHWEST TERRI- TORIES. (Approved by Order in Council No. 1189, of 21st May, 1897, a» Amended.) i l'<9ll INTERPRETATION. "Bar diggings" shall nxan any part of a river over which the water extends when the water is in its flooded state, and which is not covered at low water. Mines on benches shall be known as "bench diggings" and shall for the purpose of defining the size of such claims be excepted from dry diggings. "Dry diggings" shall mean any mine over which a river never extends. "Miner" shall mean a male or female over the age of eighteen but not under that age. "Claim" shall mean the personal right of property in a placer mine or diggings during the time for which the grant of such mine or diggings is made. "Legal post" shall mean a stake standing not less than four feet above the ground and squared on four sides for at least one foot from the top. Both sides so squared shall meas- ure at least four inches across the face. It shall also mean any stump or tree cut ofF and squared or faced to the above height and siae. "Close season" shall mean the period of the year during (no) whicl be fi: is sit "L of th( "M coal. I. water water a. : lines r and sh the cla of the posts a name sfPked. 3. D placed which s date upi 4. 7 long m« stream, bill or t less thai The side as possil marked 1 it th« at the si miner an <. A placed at be legibl; which th( 6. Ent other alte YUK( N PLACER REGULATIONS. tl» which placer mining is generally suspended. The period to be fixed by the Gold Commissioner in whose district the claim* is situated. "Locality" shall mean the territory along a river (tributary of the Yukon River) and its affluents. "Mineral" shall include all minerals whatsoever other thas^ coal. NATURE AND SIZE OF CLAIMS. ;e river of in a grant than ;or at meas- mean above luring 1. "Bar diggings," a strip of land too feet wide at high<- water mark, and thence extending into the river to its lowest water level. 2. The sides of a claim for bar digging shall be two parallel lines run as nearly as possible at right angles to the strean^ and shall be marked by four legal posts, one at each end of the claim at or about high-water mark, also one at each end of the claim at or about the edge of the water. One of the posts at high-water mark shall be legibly marked with the name of the miner and the date upon which the claim was stpked. 3. Dry diggings shall be 100 feet square and shall have- placed at each of its four corners a legal post upon one oi which shall be legibly marked the name of the miner and the- date upon which the claim was staked. 4. 7 August, 1897. Creek and river claims shall be 100 feet long measured in the direction of the general course of the stream, and shall extend in width from base to base of the hill or bench on each side, but when the hills or benches are- less than 100 feet apart, the claim may be 100 feet in depth. The sides of a claim shall be two parallel lines run as nearly as possible at right angles to the stream. The sides shall be marked with legal posts zt or about the edge of the water and( it th« ;ar boundaries of vhe claim. One of the legal posts- at the stream shall be legibly marked with the name of the miner and the date upon which the claim was staked. i. A Bench claim shall be 100 feet square, and shall have placed at each of its four comers a legal post upon which shalf be legibly marked the name of the miner and the date upon> which the claim was staked. 6. Entry shall only be granted for alternate claims, the other alternate claims being reserved for the Crown to be dis- III 112 NORTHWEST TERRITORY. oosed of at public auction, or in such manner as may be de* cided by the Minister of the Interior. The penalty for trespassing upon a claim reserved for the Crown shall be immediate cancellation by the Gold Commis* •ioner of any entry or entries which the person trespassing may have obtained, whether by original entry or purchase, for a mining claim, and the refusal by the Gold Commissioner of the acceptance of any application which the person tres- passing may at any time make for a claim. In addition to such penalty, the Mounted Police, -upon a requisition from the Gold Commissioner to that effect, shall take the necessary steps to eject the trespasser. 7. In defining the size of claims they shall be measured horizontally irrespective of inequalities on the surface of the ground. j^ 8. 7 August, 1897. If any person or persons shall discover a new mine and such discovery shall be established to the sat- isfaction of the Gold Commissioner a creek and river claim 300 feet in length may be granted. A new stratum of auriferous earth or gravel situated in a locality where the claims are abandoned shall for this purpose be deemed a new mine, although the same locality shall have been previously worked at a different level. g. The forms of application for a errant for placer mining and the grant of the same shall be those contained in forms "H" and "I" in the schedule hefeto. 10. A claim shall be recorded with the Gold Commissioner in whose district it is situated within three days after the lo- cation thereof if it is located within ten miles of the Commis- sioner's ofHce. One extra day shall be allowed for making such record for every additional ten miles or fraction thereof. 11. In the event of the absence of the Gold Commissioner from his office, entry for a claim may be granted by any per- son whom he may appoint to perform his duties in his ab- sence. la. Entry shall not be granted for a claim which has not been staked by the applicant in person in the manner specified in these regulations. An affidavit that the claim was staked out by the applicant shall be embodied in form "H" of the schedule hereto. 13. 7 August, 1S97. An entry fee of $15.00 shall be charged VCKO.V VLACEli REGULATIO.N's. tr anil «~ _._ . •_ *«■'. .h„e shall T/tvI^"" T" "'' hundrer/oir"*"" «mt' i " ^."' "• """"'^d for by ,h. ' « '^'"■'»"<'«ed rJ. ~ , '" "*"« course. The tin,. J *"" who collect >h. claims by purchase, and anrnumh. T^ '^^^^ 8 any number of miners 114 NORTHWEST TERRITORY. may unite to work their claims in common upon such terms as they may arrange, provided such agreement be registered with the Gold Commissioner and a fee of five dollars paid for each registration. i8. Any miner or miners may sell, mortgage, or dispose of his or their claims, provided such disposal be registered with, and a fee of two dollars paid to the Gold Commissioner^ who shall thereupon give the assignee a certificate in form J in the schedule hereto. ig. Every miner shall during the continuance of his grant have the exclusive right of entry upon his own claim, for the miner-like working thereof, and the construction of a resi- dence thereon, and shall be entitled exclusively to all the pro- ceeds realized therefrom, upon which, however, the royalty prescribed by clause 14 of these Regulations shall be pay- able; but he shall have no surface rights therein; and the Gold Commissioner may grant to the holders of adjacent claims such right of entry thereon as may be absolutely necessary for the working of their claims, upon such terms as may to him seem reasonable. He may also grant permits to miners to cut timber thereon for their own use, upon payment of the dues prescribed by the regulations in that behalf. 20. Every miner shall be entitled to the use of so much of the water naturally flowing through or past his claim, and not already lawfully appropriated, as shall, in the opinion of the Gold Commissioner be necessary for the due working thereof; and shall be entitled to drain his own claim free of charge. 21. A claim shall be deemed to be abandoned and open to occupation and entry by any person when the same shall have remained unworked on working days by the grantee thereof or by some person on his behalf for the space of *seventy-two hours unless sickness or other reasonable cause be shown to the satisfaction of the Gold Commissioner or unless the gran- tee is absent on leave given by the Commissioner, and the Gold Commissioner upon obtaining evidence satisfactory to himself, that this provision is not being complied with may cancel the entry given for a claim. 22. If the land upon which a claim has been located is not *72 hours means 3 consecutixre days of 24 hours each. the p who i from can b4 therefo paid t< sue to so colj ^and, M credited cannot the occi it shall agent 01 another amount shall be be accon the Gold Question served 01 and after service, m leaving it of abode be served fixed by t time limit* clines to a no arbitral ited therefc Gold Comi question lit tice has coi pant, or th the service sonable effc that the no owner, agen YUKON PLACER REGULATIONS. 11$ the property of the Crown it will be necessary for the person who applied for entry to furnish proof that he has acquired from the owner of the land the surface rights before entry- can be eranted. 23. If the occupier of the lands has not received a patent therefor, the purchase money of the surface rights must be paid to the Crown, and a patent of the surface rights will is- sue to the party who acquired the mining rights. The money so collected will either be refunded to the occupier of the land, when he is entitled to a patent therefor, or will be credited to him on account of payment for land. 24. When the party obtaining the mining rights to lands cannot make an arrangement with the owner or his agent or the occupant thereof for the acquisition of the surface rights^ it shall be lawful for him to give notice to the owner or his agent or the occupier to appoint an arbitrator to act with another arbitrator named by him, in order to award the amount of compensation to which the owner or occupant shall be entitled. The notice mentioned in this section shall be according to a form to be obtained upon application from the Gold Commissioner for the district in which the lands in question lie, and shall, when practicable, be personally served on such owner, or his agent if known, or occupant;, and after reasonable ei^orts have been made to effect personal service, without success, then such notice shall be served by- leaving it at, or sending by registered letter to, the last place of abode of the owner, agent or occupant. Such notice shall be served upon the owner or agent within a period to be fixed by the Gold Commissioner before the expiration of the time limited in such notice. If the proprietor refuses or de- clines to appoint an arbitrator, or when for any other reason no arbitrator is appointed by the proprietor in the time lim- ited therefor in the notice provided for by this section, the Gold Commissioner for the district in which the lands in question lie, shall, on being satisfied by affidavit that such no- tice has come to the knowledge of such owner, agent or occu- pant, or that such owner, agent or occupant willfully evades the service of such notice, or cannot be found, and that rea- sonable efforts have been made to effect such service, and that the notice was left at the last place of abode of such owner, agent or occupant, appoint an arbitrator on his behalf. Ii6 NORTHWEST TERRITORY. as. (0.) All the arbitrator! appointed under the authority of these regulation* shall be sworn before a Justice of the Peace to the impartial discharge of the duties assigned to them, and they shall forthwith proceed to estimate the rea- sonable damages which the owner or occupants of such lands, apcording to their several interests therein, shall sustain .by reason of such prospecting and mining operations. (6.) In estimating' such damages, the arbitrators shall de- termine the value of the land irrespectively of any enhance- ment thereof from the existence of minerals therein. (c.) In case such arbitrators cannot agree, they may select « third arbitrator, and when the two arbitrators cannot agree upon a third arbitrator the Gold Commissioner for the dis- trict in which the lands in question lie shall select such third .arbitrator. id.) The award of any two such arbitrators made in writ- ing shall be final, and shall be filed with the Gold Commis- sioner for the district in which the lands lie. If any cases arise for which no provision is made in these reg- ulations, the provisions of the regulations governing the disposal of mineral lands other than coal lands approved by His Excellency . the Governor in Council on the 9th of November, 1889, shall apply. .• See Act of 9 Nov. 1889. See Post page 128. name said i 4. other S. mark with t River this af croach out by 6. T could B and that to attaci to the t tion. forj ^- Thi acquire ti ecuted bj wy (or o Sworn of FORM H.— APPLICATION FOR GRANT FOR PLACER ■ j^^ MINING AND AFFIDAVIT OF APPLICANT. FO I It J (or we), of tliereby apply, under the Dominion Mining Regulations, for ^ grant of a claim for placer mining as defined in the said reg- ulations, in (here describe locality) and I (or we) solemnly •swear:— I. That I (or we) have discovered therein a deposit of >(here name the metal or mineral) a. That I (or we) am (or are) to the best of my (or our) icnowledge and belief, the first discoverer (or discoverers) of ithe said deposit; or:— 3. That the said claim was previously granted to (here! I ^n cons: J clause 13 o I'ts tributari iPanying his pert descript The Mini Pte hereof. describe in , y thereof t '« exclusive VUKON PLACER REGULATIONS ^ Wr """- ^"^ "^"^ ""'--•<' "' '" n>«rk out on tL ^' °" **»« ^ . ^hi. application, and hat t *? ^**' ^»»«h I (or we) « C"* croach on An» ^^iT " *" *<> doine I r«, v . *^ '"■^« could „.„„„ ""'..^•'" contain,, „ „„, and that the de^L!' ! *' "■• "■» of ^ ^'"' *«> 'o «.«h.d, ,r,^'T <«nd .k«eh i, , »«l«"e feet, 'o the be» of^„ "^ ■"' r, and to drain his (or their) claim, free of charge. This grant does not convey to the said (A. B.) any surface rights in the said claim, or any right of ownership in the soil covered by the said claim; and the said grant shall lapse and be forfeited unless the claim is continuously and in good faith worked by the said (A. B.) or his (or their associates. The rights hereby granted are those laid down in the afore- said mining regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are expressed herein or not. Gold Commissioner. FORM J.-CERTIFICATE OF THE ASSIGNMENT OF A PLACER MINING CLAIM. No Department of the Interior. Agency, 18 This is to certify that (B. C.) of lias (or have) filed an assignment in due form dated 18 . and accompanied by a registration fee of two dollars, of the grant to (A. B.) of of the right to mine in (insert de- acription of claim) for one year from the x8 . This certificate entitles the said (B. C.) to all the rights and privileges of the said (A. B.) in respect of the claim assigned, that is to say, to the exclusive right. of entry upon the said claim for the miner- like working thereof and the construction of a residence thereon, and the exclusive right to all the proceeds realized therefrom (upon which, however, the royalty prescribed by -clause 14 of the Regulations shall be paid), for the remaining portion of the year for which the said claim was granted, to hi the is cc n Domi to ai] same SASK. G Uh( the disj the Go /880, ha '"ng Joca west Tei His Jnion Li ada, and 'or Cam 'or the the Nort shall be YUKON rLACER REGULATIONS. It» is to say, until the day of i8 . The said (B. C.) shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim and not already lawfully appropriated, as shall be necessary for the due working thereof, and to drain the claim free of charge. This grant does not convey to the said (B. C.) any surface rights in the said claim, or any riffht of ownership in the soil covered by the said claim; and the said grant shall lapse and be forfeited unless the claim is continuously, and in good faith, worked by the said (B. C.) or his (or their) associates. The rights hereby granted are those laid down in the Dominion Mining Regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are expressed herein or not. Gold Commissioner. irs. SASKATCHEWAN PLACER MINING REGULATIONS GOVERNING PLACER MINING ALONG THE NORTH SASKATCHEWAN RIVER, NORTH- WEST TERRITORY. Approved by Order in Council, X7th April, 1897. Whereas it is represented that the Regulations governing the disposal of placer mining claims, established by Order of the Governor-General in Council on the 9th of November, i88g, have not operated satisfactorily in the disposal of min- ing locations on the North Saskatchewan River, in the North- west Territories. His Excellency in virtue of the provisions of "The Dom- inion Lands Act," Chapter 54 of the Revised Statutes of Can- ada, and by and with the advice of the Queen's Privy Council for Canada, is pleased to order that the tfoUowing regulations for the disposal and governance of placer mining claims along the North Saskatchewan River, in the Northwest Territories, shall be and the same are hereby adopted and established. (Signed) JOHN J. McGEE, Clerk of the Privy Council. lao NORTHWEST TERRITORY. INTERPRETATION. "Bar Diggings" shall mean any part of a river over which the water extends when the river is in its flooded state, and which is not covered at low water. "Bench Claim" shall mean a part of the present bank of the river overlying a portion of what was originally a gravel bar in the river, and shall include "bar diggings." "Legal Post" shall mean a stake standing not less than four feet above the ground and squared on four sides for at least one foot from the top. Both sides so squared shall measure at least four inches across its face. It shall also mean any stump or tree cut off and squared or faced to the above height and size. "Close Season" shall mean the period of the year during which placer mining is generally suspended. The period to be fixed by the Agent of Dominion I^nds in whose district a raining location is situated. "Locality" shall mean a stretch of river within ten miles from any point on the river. "Mineral" shall include all minerals whatsoever other than coal. :!P 111 iff NATURE AND SIZE OF CLAIMS. For "bar diggings" a stiip of land loo feet along high water mark, and thence extending into the river to the low- est water level. "Bench claims" shall be loo feet along high water mark and shall extend forward to low water mark and back to the bank of the valley. Provided, however, that if the distance from high water mark to the bank of the valley exceeds i,ooo feet the length of the claim shall be confined to that number of feet. Entry may be obtained for a "bar digging" or a bench claim upon complying with the following regulations: I. Any person who desires to work "bar diggings" may upon payment of a fee of $i.oo to the Agent of Dominion Lands, obtain a Free Miner's certificate upon form "A" in the schedule to these regulations. This certificate will entitle the holder thereof to stake out "bar diggings" at any time in ace work will be complji the da s. J Domini days af of the . ing sue thereof. 3. A. will be 4. Tl parallel stream a end of each end of the p( the name staked. S. Th ning as t shall be cJaim at ( end of tl 6. The the verticj 7. Eve by the he tinuously, shall be du 't shall re> of or som hours, exc« sence. or ^hich sha Dominion 8. If a Agent of that eflfect hhe locatior SASKATCHEW-mN placer regulations. 12* in accordance with the provisions of these regulations, and work the same without further reference to the Agent. It will be necessary, however, for the holder ol the certificate to* comply with the provisions of these regulations as to working, the claim. 2. A "bench claim" shall be recorded with the Agent of Dominion Lands in whose district it is situated within three days after the location thereof, if it is located within lo mile» of the Agent's office. One extra day shall be allowed for mak' ing such record for every additional ten miles or fractioo thereof. i. An entry fee of $5.00 shall be charged and the entr/ will be good for one year from the date thereof. 4. The sides of a claim for a "bar digging" shall be two parallel lines run as nearly as possible at right angles to the stream and shall be marked by four legal posts one at each end of the claim at or about high water mark, also one at each end of the claim at or about the edge of the water. One of the posts at high water mark shall be legibly marked with the name ot the miner and the date upon which the claim wa» staked. 5. The sides of a bench claim shall be parallel lines run' ning as nearly as possible at right angles to the stream, and shall be marked by six legal posts, one at each side of the claim at or about low and high water marks, also one at each end of the claim upon the rear boundary thereof. 6. The boundaries of a claim beneath its surface shall be the vertical planes in which its surface boundaries lie. 7. Every claim shall be represented and bona fide worked by the holder thereof or by some person on his behalf, con- tinuously, as nearly as practicable, during working hours, and shall be deemed to be abandoned and absolutely forfeited when it shall remain unworked on working days by the holder there- of or some person on his behalf for a period of seventy-two hours, except during the close season, lay over or leave of ab- sence, or during sickness, or for some other reasonable cause which shall be shown to the satisfaction of the Agent of Dominion Lands. 8. If a claim is not being worked in a bona fide manner, the Agent of Dominion Lands shall upon obtaining evid''nce to that effect satisfactory to himself, cancel the entry given for I the location. : 122 NORTHWEST TERRITORY. li' i Q. Any party of miners not exceeding four whose claims are adjoining may for the better development of their claims and upon being authorized to do so by the Agent, work any one of the claims, and the work performed thereon shall be accepted as being done on each claim. 10. When steam power is employed continuously for dredg- ing; for bar or bench claims, these claims may be ^oo feet in width, but they shall he the same length as already prescribed. 11. Miners holding two or four adjoining claims may for the purpose of operating them by steam power combine and work one of the claims and the work thereon will be sufHcient to hold the remainder subject to the bona fide working of the claim in the manner already provided by these regulations. Provided that an '.greement between the parties concerned is filed with the Agent of Dominion Lands and hi'^ consent to the agreement is obtained. The agreement shall provide that the owner of each location or his representative shall be em- ployed in the work performed upon the claims. Provided also that the Agent of Dominion Lands shall be furnished from time to time with sucb particulars as he may require in rela- tion to the operation of me claims. 12. When claims are to be operated by steam power the As:ent may give a period of sixty days fr m the date of re- cording the claim, to place machinery on the ground and to commence operations. 13. The forms of application for a grant for placer min- ing, and the grant of the same, shall be those contained in forms H. and I. in the schedule hereto. 14. The entry of every holder of a grant for placer mining, except in the cases provided for in section one of these reg- ulations, must be renewed and his receipt relinquished and replaced every year, the entry tee being paid each time. 15. No miner shall receive a grant of more than one min- ing claim in the same locality, but the same miner may hold any number of claims by purchase or assignment. 16. Any miner or miners may sell, mortgage, or dispose of his or their claims, provided such disposal be registered with and a fee of two dollars paid to the Agent, who shall thereup*! on give the assignee a certificate in form J in the schedule j hereto. 17. Every miner shall, during the contiauance of his] frrant for tJ reside proce* thereii of iMi right , workin reasonj 18. of the not air the Suf thereof, charge, ifi. I cated is the pers acquired entry cai 20. If therefor, paid to 1 sue to th as> collect land, whc ited to hi 21. VVI cannot mj the occup, it shall b< agent or t other arbii of compen titled. Th< inar to a fo of Dominic —are that the ,.„d ,. *• *"** ^ ^°'' ^e) did on the ' day of :j6 NORTHWEST TERRITORY. mark out on the ground, in accordance in every particular with the provisions of clause of the said mining reg> ulations, the claim for which I (or we) make this application, and that in so doing I (or we) did not encroach on any other claim or mining location previously laid out by any other person. 5. That the said claim contains, as nearly as I (or we) could measure or estimate, an area of square feet, and that the description (and sketch if any) of this date hereto at- tached. signed by me (or us), sets (or set) forth in detail, to the best of my (or otxr) knowledge and ability, its position, form and dimensions. 6. That I (or we) make this application in good faith, to ac- quire the claim for the sole purpose of mining, to be prose- cuted by myself (or us), or by myself and associates, or by my (or our) assigns. Sworn before me at this day of , 18 . (Signature.) as sha his (oj Thii any su in the iapse a good fa or his The said mi the prov pressed Note.- surface r Form claim. ^'o. ... FORM I.— GRANT FOR PLACER MINING. No. Department of the Interior, Dominion Lands Office, Agency, 18 . In consideration of the payment of five dollars, being the fee required by the provisions of the Dominion Mining Regula- tions, clause three, by (A. B.) of , accompany- ing his (or their) application No dated 18 , for a mining claim in (here insert description of locality). The Minister of the Interior hereby grants to the said (A. B.) , for the term of one year from the date hereof, the exclusive right of entry upon the claim (here describe in detail the claim granted) for the miner- like working thereof and the construction of a residence thereon, and the exclusive right to all the proceeds realized therefrom. The said (A. B.) shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim, and not already lawfully appropriated. •i-nis IS form datec tration fee the right t for one yea This cer fo all the X in respect c right of en thereof and exclusive ri remaining i granted to I until the The said I use of so m JJiis (or their I shall be nee rhe claim fre SASKATCHEWAN PLACER REGULATIONS. ' 1J7 the liner- lence ilized led ta jh or kated. as shall be necessary for the due working thereof, and to draia his (or their) claim free of charge. This grant does not convey to the said (A. B.) any surface rights in the said claim, or any right of ownership in the soil covered by the said claim; and the said grant shall lapse and be forfeited unless the claim is continuously and itt good faith worked by the said (A. B.) or his (or their) associates. The rights hereby granted are those laid down in the afore- said mining regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are ex- pressed herein or not. Agent of Dominion Lands. Note. — The wording of this form may be changed when the surface rights have been acquired by the applicant. Form J. — Certificate of the assignment of a placer mining: claim. No Department of the Interior, Dominion Lands Oftice, AGENCY, x8 . This is to certify that (B. C.) ot has (or have) filed an assignment in due form dated 18 , and accompanied by a regis- tration fee of two dollars, of the grant of (A. B.) of of the right to mine in (insert description of claim) for one year from the 18 . This certificate entitles the said (B. C.) to all the rights and privileges of the said (A. B.) in respect of the claim assigned, that is to say, to the exclusive- right of entry upon the said claim for the miner-like working thereof and the construction of a residence thereon, and the- exclusive right to all the proceeds realized therefrom, for the remaining portion of the year for which the said claim was- granted to the said (A. B.) that is to say^ until the day of 18 . The said (B. C.) shall be entitled to the- luse of so much of the water naturally flowing through or past his (or their) claim and not already lawfully appropriated, as- I shall be necessary for the due working thereof, and to drains [the claim free of charge. 3aS NORTHWEST TERRITORY. This grant does not convey to the said (B. C.) any surface rights in the said claim, or any right of ownership in the soil covered by the said claim; and the said grant shall lapse and be forfeited unless the claim is continuously, and in good faith, worked by the said (B. C.) or his (or their) associates. The rights hereby granted are those laid down in the Do- minion Mining Regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are expressed herein or not. Agent of Dominion Lands. Note. — The wording may be changed if the applicant has ac- quired the surface rights. N. B. Special attention is called to the following provision contained in the regulations above stated, to wit: "That if any cases arise for which no provision is made in these regula- tions, the provisions of the regulations governing the disposal of mineral lands other than coal lands approved by His Excel- lency the Governor, in Council, on the 9th of November, 1889, shall apply." The following is the Act of November 9, 1889, above re- ferred to, and is the General Dominion Mining Law, subject only to the aforesaid special regulations applicable to the -placers of the said Yukon and Saskatchewan Districts. REGULATIONS GOVERNING THE DOMINION LANDS CONTAINING MINERALS. ACT OF NOVEMBER 9. 1889, CHAPTER 99. On the recommendation of the Minister of the Interior and uii- •der the provisions of Chapter 54 of the Revised Statutes of ■Canada, (entitled) The Dominion Land Act, His Excellency in Council has been pleased to order that the following regu- lations governing the disposal of Dominion Lands, containing minerals other than coal, in Manitoba and the Northwest Terri- tories, be approved and adopted. I. These Regulations shall be applicable to all Dominion X^nds, with the exception of those situated in the Province of Br coppe the e: a. Lands purpoi ranean ing ut but nc actual minera 3- A lodes 01 the foil i>500 fee aries shi shall be vent, in by the I than thi face sha he. 4. Ai tain a m followinj (o.) each of square, and shov to admit them, to stones, a inches hi and well and the seen fron at which (such flat DOMINION MINING REGULATIONS. 139 n the d un- fltcs of ellency regu- taining Terri- fctninioo froviiice of British Columbia, containing gold, silver, cinnabar, lead, tin, copper, iron, or other mineral deposit of economic value, with the exception of coal. a. Any person or persons may explore vacant Dominion Lands not appropriated or reserved by Government for other purposes, and may search therein, either by surface or subter* ranean prospecting, for mineral deposits, with a view to obtain* iug under these Regulations a mining location for the same; but no mining location or mining claim shall be granted until actual discovery has been made of the vein, lode or deposit, of mineral or metal within the limits of the location or claim. I.— QUARTZ MINING. 3. A location for mining, except for iron and mica, on veins, lodes or ledges of quartz or other rock in place, shall not exceed the following dimensions: Its length shall not be more than 1,500 feet, its breadth not more than 600 feet; its surface bound- aries shall be four straight lines and the side lines and end lines shall be parallel lines, except where prior locations may pre- vent, in which case it may be of such shape as may be approved by the Superintendent of Mines. Its length shall not be more than three times its breadth. Its boundaries beneath the sur- face shall be the vertical planes in which its surface boundaries lie. 4. Any person having discovered a mineral deposit may ob- tain a mining location therefor, under these Regulations, in the following manner: (a.) Ke shall mark the location on the ground by placing at each of its four corners a wooden post, not less than four inches square, driven not less than eighteen inches into the ground, and showing that length above it. If the ground be too rocky to admit of so driving such posts, he shall build about each of them, to support it and keep it in place, a calm or mound of stones, at least three feet in diameter at the base, and eighteen inches high. If the location be timbered, a line shall be run and well blazed joining the said posts. If it be not so timbered, and the ground is of such a nature that any one post cannot be seen from the ends of either of the lines which form the angle at which the said post is placed, posts flattened on two sides (such flattened portions facing the directions of the line) shall 130 NORTHWEST TERRITORY, be planted or mounded along the side lines wherever necessary, so that no difficulty may be experienced by a subsequent pros* pector or explorer in discovering or following the boundaries of any location. If the location be laid out with its boundaries due north and south and east and west, then he shall mark on the post designating the northeast angle of the location, leg- ibly with a cutting instrument, or with colored chalk, his name in full, the date of such marking, and the letters M. L. No. i, to indicate that the post is mining location post No. i. Pro- ceeding next to the southeasterly angle of the location, he shall mark the post planted there with the letters M. L. No. 2, and his initials; next to the southwesterly angle of the location, tht> post planted at which he shall mark with the letters M. L. No. 3, and his initials; and lastly, to the northwesterly angle of the location, the post planted at which he shall mark with the letters M. L. No. 4, and his initials. If the location be laid by other than due north and south and eani and west lines, the first mentioned post shall be the one at the northerly angle; the second the one at the easterly angle; the third the one at the southerly angle; and the fourth the one at the westerly angle. Furthermore, on the face of each post which face shall in the planting thereof be turned towards the post which next follows it in the order in which they aie named and numbered, there shall be marked in figures the number of yards distant to the next following post. If means of measurement are not avail- able, the distance to be so marked on each of the posts may be that estimated. If the corner of a location falls in a ravine, bed of a stream, or any other situation where the character of the locality may render the planting of a post impossible, the said corner may be indicated by the erection at the nearest suitable point of a witness post, which in that case shall contain the same marks as those prescribed in this clause in regard to cor> ner posts, together with the letters W. P., and an indication of the bearing and distance of the site of the true corner from such witness post. (In this manner any subsequent prospector, informed of the Regulations, will, on finding any one of the posts or mounds, be enabled to follow them all round, from one to another, and avoid encroachment, either in search of or in marking out an- other location in the vicinity for himself.) (b) Havincr so marked out on the ground the location he de- sires, the i whici] ing tc be swi sworn ting I as nea niarke( declara (0 a receij "Nations represei cation a as herei date, to tained w said five «'xpend i hundred within ej expenditi corrobora the Agen ant of a schedule location f (d) An are adjoir period of locations, "lake upo] ond years required fc said locati fhe form I Agent upo of the Clair "Pon whicf |fcrm E in \ DOMINION MINING REGULATIONS. I3» ows here the ivaii- be bed the said table the cor- ■on o^ from j){ the lunds, and it an- de- sires, the claimant shall, within sixty days thereafter, file with the Agent in the Dominion Lands Office for the district in which the location is situate, a declaration under oath,, accord- ing to form A in the schedule to these Regulations (which may be sworn to before the said Agent, or may have been previously sworn to before a Justice of the Peace or Commissioner), set- ting fdrth the circumstances of his discovery, and describing,, as nearly as may be, the locality and dimensions of the locat on marked out by him as aforesaid; and shall, along with such declaration, pay to the said Agent an entry fee of five dollars. (c) The Agent upon such payment being made shall grant a receipt according to the form B in the schedule to these Reg- ulations. This receipt shall authorize the claimant, his legal representatives or assignees, to enter into possession of the lo- cation applied for, and, subject to its renewal from year to year as hereinafter provided, during the term of five years from its- date, to take therefrom and dispose of any mineral deposit con- tained within its boundaries: Provided that during each of the said five years after the date of such receipt he or they shall expend in actual mining operations on the claim at least one hundred dollars, and furnish to the Agent ui Dominion Lands within each and every year a full detailed statement of such expenditure, which evidence shall be in the form of an affidavit corroborated by two reliable and disinterested witnesses; and the Agent shall thereupon, subject to the payment by the claim- ant of a fee of five dollars, issue a receipt in the form C in the schedule hereto, which shall entitle the claimant to hold the location for another year. (d) Any party of miners, not exceeding four, whose claims are adjoining, and each of which has been entered within a period of three months, may, for the better development of their locations, and upon being authorized to do so by the Agent, make upon any one of such locations, during the first and sec- ond years after entry, but not subsequently, the expenditure required by these Regulations to be made upon each of the said locations. The authority herein provided for shall be in the form D in the schedule hereto, and shall be granted by the Agent upon application made in writing to that effect by each of the claimants interested, and payment of a fee of five dollars, upon which payment the Agent shall also grant a receipt in the form E in the schedule hereto: Provided, however, that the ! fi 133 NORTHWEST TERRITORY. expenditure made upon any one location shall not be applicable in any manner or for any purpose to any other location. 5. At any time before the expiry of five years from the date of his entry for his mining location, the claimant shall be en- titled to purchase the said location upon filing with the Agent proof that he has expended not less than five hundred dollars in actual mining operations on the same, and that he has in every other respect complied with the requirements of these Regulations. 6. The price to be paid for a mining location shall be at the rate of five dollars per acre, cash. 7. On making the application to purchase a mining location, and paying the price therefor, as hereinbefore provided, the claimant shall also deposit with the Agent the sum of fifty dollars, which shall be deemed payment by him to the Govern- ment for the survey of his location: and upon the receipt of the plans and field notes, and the approval thereof by the Surveyor- General, a patent shall issue to the claimant in the form F in the schedule hereto. If, on account of its remoteness or other cause, a mining location cannot, at the time of the deposit of fifty dollars by the applicant for the purpose, be surveyed by the Government for that sum, he shall be subject to the alter- native of waiting until the employment of a surveyor by the Government on other work in the vicinity of the claim renders it convenient to have the survey made at a cost not exceeding fifty dollars, or of sooner procuring, at bis own cost, its survey by a duly commissioned surveyor of Dominion Lands, under instructions from the Surveyor-General: in the latter case, on rece: . of the plans and field notes of the survey and approval thejreof by the Surveyor General, as hereinbefore provided, the claimant shall be entitled to receive his patent, and to have re- turned to him the fifty dollars deposited by him to defray the cost of survey. 8. Should the claimant, or his legal representatives as afore- said, fail to prove within each year the expenditure prescribed, or having proved such expenditure, fail within the prescribed time to pay in full, and in cash to the Agent, the price herein- before fixed for such mining location and also to pay the sum of fifty dollars hereinbefore prescribed for the survey of his location, then any right on the part of the claimant or of his legal representatives in the location or claim on his or their I part revert able i tions, may c (a) made : confon ■hall I thereof necessa the gro veyor, within ( (ft) I townshij protect ] formity patent, t terior, be thereof. i acting ui ». WI ing locat prove he and to t scribed ii 10. Prj acquire; I ering, wh< these Reg »f the latte Provided, claimant h and fraudi and demai quences, h; his applica >Qg anothei IX. Not any Individ DOMINION MINING REGULATIONS. 133 part to acquire it, shall lapse and the location shall thereupon revert to the Crown, and shall be held, along with any immov* able improvements thereon, for disposal, under these Regula- tions, to any other person, or as the Minister of the Interior may direct (a) In cases where applications for mining locations are made in respect of lands within surveyed townships, they must conform to the regular system of surveys; that is, the location shall be either legal subdivisions or regular subdivisions thereof; and prior to the application being granted it shall be necessary to stake out the location, at least approximately, on the ground, and it shall be surveyed by a Dominion Land Sur- veyor, acting under instructions from the Surveyor-General, within one year thereafter. (6) If applications for mining locations are made within a township of which at least one boundary has been surveyed, to protect himself the discoverer may stake out his claim in con- formity with these Regulations; but before the issue of the patent, the claim shall, if required by the Minister of the In- terior, be described by legal subdivisions or fractional portions thereof, upon a survey made by a Dominion Land Surveyor, acting under instructions from the Surveyor-General. Q. Where two or more persons lay claim to the same min- ing location, the right to acquire it shall be in him who can prove he was the first to discover the mineral deposit involved and to take possession, by demarcation, in the manner pre- scribed in these Regulations, of the location covering it. 10. Priority of discovery alone shall not give the right to acquire; but a person subsequently and independently discov- ering, who has complied with the other conditions prescribed in these Regulations, shall take precedence of the first discoverer if the latter has failed to comply with the said other conditions: Provided, however, that in any case where it is proved that a claimant has, in bad faith, used the prior discovery of another, and fraudulently affirms that he made independent discovery and demarcation, he shall, apart from any other legal conse- quences, have no claim, and shall forfeit the deposit made with his application, and shall be absolutely debarred from obtain- ing another mining location. 11. Not more than one mining location shall be granted to any individual claimant upon the same lode or vein. «34 NORTHWEST TERRITORY. 12. Where land is used or occupied for milling purposes, re- duction works, or other purpose incidental to mining opera- tions« either by the proprietor of a mining location or other person, such land may be applied for and patented, either in connection with or separate from a mining location, in the man- ner hereinbefore provided for the application for and the pat- enting of mining locations, and may be held in addition to any such mining location; but such additional land shall in no case exceed five acres in extent, and shall be paid for at the same rate as a mining location. i.l. The Minister of the Interior may grant a location for the mining of iron and mica not exceeding i6o acres in area, which shall be bounded by due north and south and east and west lines, and its breadth and length shall be equal: Provided, that should any person making an application purporting to be for the purpose of mining iron, thus obtain, whether in good faith or fraudulently, possession of a valuable mineral deposit other than iron, his right in such deposit shall be restricted to the area hereinbefore prescribed for other minerals, and the rest of the location shall thereupon revert to the Crown for such disposition as the Minister may direct. 14. When there are two or more applicants for any mining location, no one of whom is the original discoverer or his as- signs, the Minister of the Interior, if he sees fit to dispose of the location, shall in/ite their competitive tenders, or shall put it up to public tender or auction as he may deem expedient. i5> An assignment of the right to ourchs^e a mining lo<~^- tion shall be endorsed on the back of the receipt or certificate of assiFcnment (Forms B and G, in the schedule hereto) and the execution thereof shall be attested by two disinterested wit- nesses: upon the deposit of the receipt or certificate with such assignment executed and attested as herein provided, in the office of the Agent, accompanied by a registration fee of two dollars, the Agent shall give to the assignee a receipt in the form G in the schedule hereto, which certificate shall entitle the assignee to all the rights and privileges of the original discov- erer in respect of the claim assigned; and the said assign- ment shall be forwarded to the Minister of tbt Interior by the Agent, at the same time and in like manner as his other returns respecting Dominion Lands, and shall be registered in the Department of the Interior; and no assignment of the righf t and in clause, vided 1 the Dc] 16. ; by the and sue fore pr< fegulatit price an 17. Tl Quartz JW they relat cations, a plied, sav Regulation pages 116.] 18. The (o) For ^ater marl water Itvel Cb) For (c) "Cre. "red in the shall extent on each sid feet apart t ever, that of the hill laid out in *«"eas to be •f within sul consist of DOMINION MINING REGULATIONS. 135; right to purchase a mining location which is not unconditional and in all respects in accordance with the provisions of this clause, and accompanied by the registration fee herein pro- vided for, shall be recognized by the Agent or registered in the Department of the Interior. 16. If application be made under the next preceding clause by the assignee of the right to purchase a mining location, and such claim is duly recognized and registered, as hereinbe- fore provided, such assignee shall by complying with these regulations become entitled to purchase the location for the price and on the terms prescribed theireby. II.-PLACEll MINING. 17. The regulations hereinbefore laid down in respect of Quartz Mining shall be applicable to Placer Mining so far as they relate to entries, entry fees, assignments, marking of lo* cations, agents' receipts, and generally where they can be ap- plied, save and except as otherwise herein provided. (See Regulations on Yukon and Saskatchewan Districts, 1897, ante pages 116-124.) NATURE AND SIZE OF CLAIMS. 18. The size of claims shall be as follows: — (a) For "bar dif[;gings," a strip of land 100 feet wide at high water mark, and thence extending into the river to its lowest water level. (6) For "dry diggings," 100 feet square. > (c) "Creek and river claims" shall be 100 feet long, meas- ured in the direction of the general courac of the stream, and shall extend in width from base to base of the hill or bench on each side, but when the hills or benches are less than 100 feet apart the claim shall be 100 feet square: Provided, how- ever, that in any case where the distance from base to base of the hill or bench exceeds ten chains, such claims shall be laid out in areas of teu acres each, the boundaries of such areas to be due north and south and east and west lines, and if within surveyed territory the said area of ten acres shall consist of one-fourth of a legal subdivision, and shall be 136 NORTHWEST TEKRITORY. markcu on the ground in the manner prescribed by these Reg- ulations for marking quartz mining locations: Provided, fur- ther, that any such claim intersected by a creek or river, shall, in addition to the stakes at the four corners thereof, have the points at which its boundaries may be intersected by the high water mark of the creek or river, -on both sides of the creek or river, designated by posts of the same size which shall be driven into the ground the same depth and showing the same length above it as the posts prescribed by these regulations in respect of quartz mining locations, and the said posts shall have marked upon them legibly, with a cutting instrument or with colored chalk, the name of the claimant in full and the date of such marking. id) "Bench claims" shall be loo feet square. (e) Every claim on the face of any hill, and fronting ou any natural stream or ravine, shall have a frontage of loo feet drawn parallel to the main direction thereof, and shall *■ a laid out. as nearly as possible, in the manner prescribed by sec- tion 4 of these Regulations. (f) If any person or persons shall discover a new mine, and such discover}' shall be established to the satisfaction of the Agent, claims of the following size, in dry, bar, bench, creek, or hill diggings, shall be allowed: — To on*! discoverer 300 feet in length To a party of two 600 " " three 800 " " four 1,000 ** and to each member of a party beyond four in number, a claim of the ordinary size only. A new stratum of auriferous earth or gravel, situated in » locality where the claims are abandoned, shall for tl '3 pur* pose be deemed a new mine, although the same locality shall have been previously worked at a different level; and dry dig- gings discovered in the vicinity of bar diggings shdl be deemed a new nilne, and vice versa. RIGHTS AND DUTIES OF MINERS. 10. The forms of application for a grant for placer mining, end the grant of the same, shall be those contained in forms H and I in the schedule hereto. 20. must every 21. claim numb< may ti as the with t] Iration. 22. of his with ai thereup scheduh as. I have th( miner-Iil thereon, realized in; and oi adjac* soluteiy terms as the walet alread/ Supt jut* thrt , chfe;g as. A occupatioi remained 'or the s reasonable leave. 36. A til ::.>U9ly, vj..i:>-' by ^'y- In angles occi 1 ■n DOMINION MINING REGULATIONS. ^37 20. The entry of every holder of a grant for placer mining must be renewed and his receipt relinquished and replaced every year, the entry fee being paid each time. 21. No miner shall receive a grant of more than one mining claim in the same locality, but the same Ainer may hold any number of claims by purchase, and any ntimber of miners may unite to work their claims in common tipon such terms as they may arrange, provided such agreement be registered with the Agent, and a fee of five dollars paid for eiuA regis- tration. 22. Any miner or miners may sell, mortgage, or dispose of his or their claims, provided, such disposal be r;rdent of Mines, be necessary for the due working \hr ; , ^nd shall be entitled to drain his own claim free of ch&:£: . 25. A ct- :m shall be deemed to be abandoned and open to occupation and entry by any person when the same shall have remained unworked on working days by the grantee thereof for the space of seventy-two hours, unless sickn'iss or other reasonable cause be shown, or unles'> the grantee is absent on leave. 26. A claim granted under these Regulations shall be con- tin :.^usly« and in good faith, worked, except as otherwise pro- V! .>' by the grantee thereof or by some person on his behalf. ij. In tunneling under hills, on the frontage of which angles occur or which may be of an oblong or elliptical form, ijS NORTHWEST TERRITORY. no party shall be allowed to tunnel from any of the said an- gles, or from either end of such hills, so as to interfere witn parties tunneling from the main frontage. 28. Tunnels and shafts shall be considered as belonging to the claim for the use of which they are constructed, and as abandoned or forfeited by the abandonment or forfeiture of the claim itself. ' 2Q. For the more convenient working of back claims on benches or slopes, the Superintendent of Mines may permit the owners thereof to drive a tunnel through the claims front* ing on any creek, ravine, or water-course, upon such terms as he may deem ex^ "^dient. ADMINISTRATION. so. In case of the death of any miner while entered as a holder of any mining claim, the provisions as to abandonment shall not apply either during his last illness or after his de- cease. 31. The Minister of the Interior shall take possession of the mining property of the deceased, and may cause such min* ing property tj be duly worked, or dispense therewith, at his option; and he shall sell the property by priva'e sale, or after ten days' notice thereof, by public auction, upon such terms as he shall d^'em just, and out of the proceeds pay all costs and charges incurred thereby, and pay the balance, if sny, to the legal representatives of the said deceased miner. « 32. The Minister of the Interior, or any person authorized by him, shall take charge of all the property of deceased min- ers until the issue of letters of administration. III.— BED-ROCK FLUMES. 33. It shall be lawful for the Minister of the Interior, up- on the application hereinafter mentioned, to grant to any bed- rock flume company, for any term not exceeding five years, exclusive rights of way through and entry upon any mining ground for the purposes of constructing, laying and maintain- ing bed-rock flumes. 34. a bed for su< nature Ten ft months Novem affixing of the spicuou trict. I shall b< (a) of tent for times h( tion, b granted, by a dei be refus( 35. £ in the s 36. T] company' tlieir cla] Jng the c they sha thorough company. 37. E\ i'eet of fl nually th 38. Ar rock flum lies and j struct fh« ders or 39- Up Pany, the sHaII pi^y pay in at mJIe of rtl •#• DOMINION MINING REGULATIONS. 139 24' Three or more persons may constitute themselves into a bed-rock flume company; and every application by them for such grant shall state the names of the applicants and the nature and extent of the privileges sought to be acquired. Ten full days' notice thereof shall be given between the months of June and November, and between the months of November and June one month's notice shall be given, by affixing the same to a post planted in some conspicuous part of the ground or to face of the rock, arid a copy thereof con- spicuously upon the inner walls of the Land Office of the dis- trict. Prior to such application, the ground included therein ^hall be marked out in the manner prescribed in sub-clause (a) of clause four of these Regulations. It shall be compe- tent for any person to protest before the Agent within the times hereinbefore prescribed for the notice of such applica- tion, but not afterwards, against such application being granted. Every application for a grant shatl be accompanied by a deposit of $100, which shall be returned if the application be refused, but not otherwise. 35. Every such grant shall be in writing, in the form K, in the schedule hereto. 26. The holders of claims through which the line of the company's flume is to run may put in a bed-rock flume in their claims to connect with the company's flume, upon giv- ing the company ten days' notice in writing to that effect; but they shall maintain the like grade, and build their flume as thoroughly, and of as strong materials, as that built by such company. 37. Every bed-rock flume company shall lay at least fifty feet of flume during the first year and one hundred feet an- nually thereafter, until completion of the flume. 38. Any miners lawfully working any claims where a bed- rock flume exists, shall be entitled to tail their sluices, hydrau- lics and ground sluices into such flume, but so as not to ob- struct the free working of such flume by rocks, stones, boul- ders or otherwise. 39. Upon a grant being made to any bed-rock flume com- pany, the Agent shall register the same, and the company sh»ll pay for such registration a fee of $10. They shall also pay in advance an annual rent of $10 for each quarter of a mile of right of way legally held by them. \ < ,/ 140 NORTHWEST TERRITORY. w IV.— DRAINAGE OF MINES. 40. The Minister of the Interior may grant to any person or persons permission to run a drain or tunnel for drainage purposes through any occupied mining land, and may give such persons exclusive rights of way through and entry upon any mining ground for any term not exceeding five years, for the purpose of constructing a drain or drains for the drain- age thereof. 41. The grantee shall compensate the owners of lands or holders of claims entered upon by him for any damage they may sustain by the construction of such tunnel or drain, and such compensation if not agreed upon, shall be settled by the Superintendent of Mines, and be paid before such drain or tunnel is constructed. 4a. Such drain or tunnel, when constructed, shall be deemed to be the property of the person or persons by whom it shall have been so constructed. 4J. Every application for a grant shall state the names of the applicants, the nature and extent of the proposed drain or drains, the amount of toll (if any) to be charged, and the priv- ileges sou<.j^ to be acquired, and shall, save where the drain is intended only for 45. The Minister of the Interior may, upon application hereinafter mentioned, grant to any person or persons, for any term not exceeding five years, or in special cases for such length of time as he may determine, the right to divert and use the water from any stream or lake, at any particular part thereof, and the right of way through and entry upon any mining ground, for the purpose of constructing ditches and flumes to convey such water: Provided always, that every such grant shall be deemed as appurtenant to the mining claim in respect of which it has been obtained, or is re* quired in connection with reduction works, sampling works, stamp mill, concentrating works, or other works connected with mining operations; and whenever the claim shall have been worked out or abandoned, or whenever the occasion for the use of such water upon the claim or in connection with such works shall have permanently ceased, the grant shall cease and determine. 46. Twenty days' notice of the application shall be given, in accordance with form M in the schedule to these Regula* tions, by affixing the same to a post planted in some conspic- uous part of the ground, and a copy thereof conspicuously posted upon the inner walls of the Land Office for the dis- trict, and any person may protest within such twenty days, but not afterwards, against such application being wholly or partially granted. 47. Every application for a grant of water exceeding 200 inches shall be accompanied by a deposit of $25, which shall be refunded in case the application is refused, but not other- wise. 48. Every such application shall state the names of the applicants, the name or description of the stream or lake to be diverted, the quantity of water to be taken, the locality for its distribution, the price (if any) to be charged for the use of such water, and the time necessary for the comple- tion of the ditch. The grant shall be in the form N in the schedule hereto. 49. Every grant oi a water privilege on occupied creeks shall be subject to the rights of such miners as shall, at the time of such grant, be working on the stream above or below 143 NORTHWEST TERRITORY. the ditch head, and of any other persons lawfully using such water for any purpose whatsoever. so. If after the grant has been made, any miner or miners locate and bona fide work any mining claim below the ditch head, on any stream so diverted, he or they collectively shall be entitled to 40 inches of water if 200 inches* be diverted, and 60 inches if 300 inches be diverted, and no more, except upon paying to the owner of the ditch, and all other persons inter- ested therein, compensation equal to the amount of damage sustained by the diversion of such extra quantity of water as may be required; and in computing such damage, the loss sustained by any claims using water therefrom, and all other reasonable losses, shall be considered. 51. No person shall be entitled to a grant of the water of any stream for the purpose of selling the water to present or future claim holders on any part of such stream. The Min- ister of the Interior may, however, grant such privileges as he may deem just, when such ditch is intended to work bench or hill claims fronting on any such stream, provided that the rights of miners then using the water so applied for be pro- tected. 52. The Minister of the Interior may, on the report of the Superintendent of the Mines that such action is desirable, order the enlargement or alterations of any ditch, and fix the compensation (if any) to be paid by parties to be benefited thereby. 53. Every owner of a ditch or water privilege shall take all reasonable means for utilizing the water granted to him; and, if he wilfully take end waste any unreasonable quantity of water, the Minister may, if such offense be persisted in, declare all rights to the water forfeited. 54. 'i'he owner of any ditch or water privilege may distrib- ute the water to such persons and on such terms as he may deem advisable, within the limits mentioned in this grant: Provided always, that such owner shall be bound to supply water to all miners who make application therefor in a fair proportion, and shall not demand more from one person than from another, except where the difficulty of supply is en- hanced. 55. Any person desiring to bridge any stream, claim or other place, for any purpose, or to mine under or through DOMINION Mining regulations. 143 any ditch or flume, or to carry water through or over any land already occupied, may, in proper cases, do so ^vith the written sanction of the Superintendent of Mines. In all such cases the right of the party first in possession shall nrevail so as to entitle him to compensation if the same be fust. 56. In measuring water in any ditch or sluice, the following rules shall be observed: The water taken into a ditch or sluice shall be measured at the ditch or sluice head; no water shall be taken into a ditch or sluice except in a trough placed horizontally at the place at which the water enters it, and which trough shall be extended two feet beyond the orifice for the discharge of the water; one inch of water shall mean the quantity that shall pass through a rectangular orifice two inches high by half an inch wide, with a constant head of seven inches above the upper side of the orifice. 57. Whenever it shall be intended, in forming or upholding any ditch, to enter upon and occupy any part of an entered claim, or to dig or loosen any earth or rock, within four feet of any ditch not belonging solely to the registered owner of such claim, three days' notice, in writing, of such intention shall be given before entering or approaching within four feet of such other property. 58. Any person engaged in the construction of any road or work may, with the sanction of the Minister of the Interior, cross, divert, or otherwise interfere with any ditch, water privi- lege or other mining rights whatsoever, for such period as the Minister shall approve. 59. The Minister shall order what compensation for every such damage or interference shall be paid, and when, and to whom, and whether any and what works, damaged or affected by such interference as aforesaid, shall be replaced by flumes or otherwise repaired by the person or persons causing any such damage. 60. The owners of any ditch, water privilege, or mining right shall, at their own expense, construct, secure and main- tain all culverts necessary for the passage of waste and super- fluous water flowing through or over any such ditch, water privilege or right. 61. The owners of any ditch or water privilege shall con- struct and secure the same in a proper and substantial manner, and maintain the same in good repair, to the satisfaction of the 144 NORTHWEST TERRITORY. Superintendent of Mines, and so that no damage shall occur to any road or work in its vicinity from any part of the works of such ditch, water privilege or right. 6a. The owners of any ditch, water privilege or right, shall be liable, and shall make good in such manner as the Superin* tendent of Mines shall determine, all damages which may be occasioned by or through any part of the works of such ditch, water privilege, or right, breaking or being imperfect. 63. Nothing herein contained shall be construed to limit the right of the Lieutenant-Governor of the Northwest Territories in Council, or of the proper authority in any Province contain- ing Dominion Lands, to lay out, from time to time, public roads across, through, along, or under any ditch, water privi- lege or mining right, without compensation. VL-GENERAL PROVISIONS. Interpretation. 64. In these Regulations the following expressions sha'i. have the following meanings respectively, unless inconsistent with the context: — "Minister" shall mean the Minister of the Interior. "Agent" or "Local Agent" shall mean the Agent of Domin- ion Lands for the district, or other ofHcer appointed by the Government for the particular purpose referred to. "Mineral" shall include all minerals whatsoever other than coal. "Close Season" shall mean the period of the year during which placer mining is generally suspended. "Miner" shall mean a person holding a mining location or a grant for placer mining. "Claim" shall mean the personal right of property in a placer, mine or diggings during the time for which the grant of such mine or diggings is made. "Claimant" shall mean a person who has obtained an entry for a mining location with a view to patent. "Bar Diggings" shall mean any mine over which a river ex- tends when in its flooded state. DOMINION MINING REGULATIONS. MS "iDry Diggings" shall mean any mine over which a river never extends. The mines on benches shall be known as "Bench Dig- gings," and shall, for the purpose of defining the sixe of such claims, be excepted from "Dry Diggings." "Streams and Ravines" shall include water-courses, whether usually containing water or not, and all rivers, creeks and gulches. "Ditch" shall include a flume or race, or other artificial means for conducting water by its own weight, to be used for mining purposes. "Ditch Head" shall mean the point in a natural water-course or lake where water is first taken into a ditch. "Placer Mining" shall mean the working of all forms of de- posits, excepting veins of quartz or other rock in place. "Quartz Mining" shall mean the working of veins of quartz or other rock in place. "Location" shall mean the land entered by, or patented to, any person for the purpose of quartz mining. hearing' AND DECISION OF DISPUTES. 65. The Superintendent of Mines shall have power to hear and determine all disputes in regard to mining property arising within his district, subject to appeal by either of the parties to the Commissioner of Dominion Lands. 66. No particular forms of procedure shall be necessary, ' but the matter complained of must be properly expressed in writing, and a copy of the complaint shall be served on the opposite party not less than seven days before the hearing of the said complaint. 67. The complaint may, by leave of the Superintendent of Mines, be amended at any time before or during the proceed- ings. 68. The complainant- shall, at the time of filing hir. Cum- plaint, deposit therewith a bond-fee of $20, which shall u^ re* turned to him if the complaint proves to have been well founded, and not otherwise, except for special cause, by direo* tion of the Minister of the Interior. 69. In the event of the decision of the Superintendent of Mines being made the subject of an appeal to the Commis- sioner of Dominion Lands, the appellant shall, at the time of lodging the appeal, deposit with the Agent a bond-fee of $ao, 10 146 NORTHWEST TERRITORY. which shall be returned to the said appellant if his appeal proves to have been well founded, and not otherwise, except for special cause, by direction of the Minister of the Interior. 70. The appeal must be in writing and must be lodged with the Superintendent of Mines not more than three days after his decision has been communicated in writing to all the parties interested, and must state the grounds upon which the said decision i.\ appealed from. 71. If tiie Commissioner of Dominion Lands decides that it is necessary to a proper decision of the matter in issue to have an investigation on the ground, or, in cases of disputed bound- aries or measurements, to employ a surveyor to measure or survey the land in question, the expenses of the inspection or re-measurement or re-survey, as the case may be, shall be borne by the litigants, who shall pay into the hands of the said Commissioner, in equal parts, such sum as he may think suffi- cient for the same, before it takes place; otherwise, it shall not proceed, and the party who refuses to pay such sum shall be adjudged in default. The said Commissiotier shall subse- quently decide in what proportion the said expense should be borne by the parties respectively, and the surplusage, if any» shall then be returned to the parties, as he may order. 72. All bond-fees adjudged as forfeited and all payments re- tained under the last preceding section, shall, as soon as de- cision has been rendered, and all entry and other fees or moneys shall, as soon as they have been received by him, be paid by the said Agent or Commissioner to the credit of the Receiver-General in the same manner as other moneys re- ceived by him on account of Dominion Lands. LEAVE OF ABSENCE. 73. The Agent in each district shall, under instructions from the Minister of the Interior, declare the close season in his district. 74. Each holder of a mining location or of. a grant for placer mining shall be entitled to be absent from his mining location or diggings and to suspend work thereon during the close season. 75. The Agent shall have power to grant leave of absence to the holder of a mining location or grant for placer mining \ DOMINION MINING REGULATIONS. «4f pending the decision of any dispute in which he is concerned under these Regulations. 76. In cases where water is necessary to the continuance of mining operations, and the supply of water is insufficient* the Superintendent of Mines shall have power to grant leave of absence to the ho.lder of the grant during such insufficiency* but no longer, except by permission of the Minister of the In- terior. 77. Any miner or miners shall be entitled to leave of ab- sence for one year from his or their diggings, upon proving to the satisfaction of the Superintendent of Mines that he or they has or have expended on such diggings, in cash, labor, or machinery, an amount of not less than $200 on each of such diggings, without any return of gold or other minerals in reasonable quantities for such expenditure. 78. The time reasonably occupied by the locator of a claim in going to, and returning from, the office of the Agent or Superintendent of Mines to enter his claim, or for other purposes prescribed by these Regulations, shall not be counted against him, but he shall, in such cases, be deemed to be ab- sent on leave. MISCELLANEOUS. 79. The Minister of the Interior shall, from time to time, as he may think fit, declare the boundaries of mineral and mining districts, and shall cause a description of the same to be pub- lished in the Canada Gazette. 80. The Minister of the Interior may direct mineral and mining; locations to be laid out within such districts wherever, from report of the Director of the Geological Survey, or from other information, he has reason to believe there are mineral deposits of economic value, and may sell the same to appli- cants therefor, who, in his opinion, are able and intend in good faith to work the .same; or he may, from time to time, cause the said locations to be sold by public auction or tender. Such sales shall be for cash, and at prices in no case lower than those prescribed for locations sold to original discoverers, and shall otherwise be subject to all the provisions of these Regulations. 81. The Minister of the Interior may grant to any person or persons who have a mining location and are actively de- fr*** 148 NORTHWEST TERRITORY. veloping the same, an additional location adjacent to and not exceeding it in area, provided the person or persons holding «v.ch location shall show to the satisfaction of the Minister of the Interior that the vein or lode being developed on the loca- tion will probably extend outside of either of the vertical lines forming the side boundaries of the location before it has reached the depth at which it jannot be profitably mined. 82. Persons desirous of obtaining quarries for stone on vacant Dominion Lands may do so under these Regulations; but the Minister of the Interior may require the payment of a royalty not exceeding five per cent, on account of the sales of the product of such nuarries, or the land may be sold not sub- ject to such royalty ?x such price as may be determined. 83. Returns shall be made hv the grantee, dwom to by him, or by his agent or other employee in charge of the mine, at monthly or other such intervals as may be required by the Min- ister of the Interior, of all products of his mining location and of the price or amount he received for the same. 84. The Minister of the Interior shall have the power to summarilv order any mining works to be so carried on as not to interfere with or endanger the safety of the public, any pub- lic work or highway, or any mining property, mineral lands, mining claims, bed-rock drains or flumes; and any abandoned wjrks may, by his order, be either filled up or guarded to his satisfaction, at the cost of the parties who may have con- ..tructed the same, or in their absence ttpou such 'erms as he shall think fit. 85. The Superintendent of Mines, acting under instructions, to be from time to time issued by the Minister of the Interior, shall cause to be l^Id out, at the expense of the person or per- sons applying for the same, a space of ground for deposits of leavings and deads from any tunnel, claim or mining ground. 86. In the event of the breach of these Regulations, or any of them, by any person holding a grant for Quartz or Placer Minirg from the Crown other than Crown Patents, or from the Minister of the Interior, cr from any duly authorized officer of Dominion Lands, such right or grant shall be absolutely for- feited ipso facto, and the person so offending shall be incapable thereafter of acquiring any such right or grant, unless for special cause it is otherwise decided by the Minister of the In- terior. DOMINION MINING REGULATIONS. 149 SCHEDULE TO MINING REGULATIONS. FORM A.— APPLICATION AND AFFIDAVIT OF DIS- COVERER OF QUARTZ MINE. I, (or we) (A. B.) of hereby apply, under the Dominion Mining Regulations, for a mining location in (here give general description ol locality) for the purpose of mining for (here name the metal or mineral) and I (or we) hereby solemnly swear: — 1. That I (or we) have discovered therein a deposit of (here name the metal or mineral). 2. That I (or we) am (or are) to the best of my (or our) knowledge and belief, the first discoverer (cr discovevrers) of the said deposit. 3. That I (or we) am (or are) unaware that the land it other than vacant Dominion Land. 4. That I (or we) did, on the day of mark out on the ground, in accordance in every particular with the provisions of sub-clause (a) of clause four of the said mining regulations, the location for which I (or we) make this application; and that in so doing I (or we) did not encroach on any mining location previously laid out by any other per- son. 5. That the said mining, location contains, as nearly as I (or we) could measure or estimate, an area of acres, and that the description (and sketch, if any) of this date hereto attached signed by me (or us), sets (or set) forth in detail, to the best of my (or our) knowledge and ability, its porition, form and dimensions. 6. That I (or we) make this applies' ion in good faith to ac* quire the land for the sole purpose of mining, to be prosecuted by myself (or us) or by myself and associates, or by my (or our) assigns. Sworn before me at this dagr of 18 ^ (Signature.) ISO NORTHWEST TERRITORY. FORM B.— RECEIPT FOR FEE PAID BY APPLICANT FOR MINING LOCATION. No. i8 Department of the Interior, Dominion Lands Office, Agency, Received from (A. B.) of five dollars, being the fee required by sub-clause (b) of clause four of the Dominion Mining Regulations, accompanying his (or their) application. No. , dated i8 , for mining location in (insert general description of locality). This receipt authorizes the said (A. B.) his (or their) legal representatives or assigns, to enter into posses- sion of the said mining location, and, subject to the payment of a fee of five dollars and the renewal of this form of receipt on or before the beginning of each year, during the term of five years from this date, to take therefrom and dispose of any mineral deposit conta'ned within its boundaries, and, on due compliance at any time within that period with the several re- quirements in that behalf of the said mining regulations, en- titles him or them to purchase the said location, which, pro- visionally and until survey thereof, may be known and described as follows: (Insert description in detail). If the said '' \. B.) or his (or their) legal representatives or assigns, fail to comply, as aforesaid, with the conditions that would entitle him (or them) to purchase, within five years from this date, or having so complied, do not within that time make payment in full for the land, and also pay the sum of fifty dollars prescribed in the said regulations for the survey of the location, then the right to purchase shall lapse, and the mining location shall revert to the Crown, to be other- wise disposed of as may be directed by the Minister of the Interior. Agent of Dominion Lands. DOMINION MINING REGULATIONS. isr FORM C— RECEIPT FOR ANNUAL FEE FOR RENEW- AL OF LOCATION CERTIFICATE. - • Department of the Interior, Dominion Lands Office, Agency, i8 . Received from (A. B.) of five dollars, being the fee required by sub-clause (c) of clause four of the Dominion Mining Regulations, accompanying his (or their) application No. dated x8 , respect- ing the mining location described as follows: (insert descrip- tion in detail for which he (or they) obtained entry No. on the day of i8 . From evidence furnished in support of the said application No. it would appear that (A. B.) his or their legal representatives or assigns, are entitled to continue in pos- session of the said mining location, and during the term of years from the i8 , to take there- from and dispose of any mineral deposit contained within its boundaries, and, on due compliance at any time within that period with the several requirements in that behalf of the min- ing regulations, to purchase the said location, which provision- ally and until survey thereof, may be known and described as above. If the said (A. B.) or his (or their) legal repre- sentatives or assigns, fail to comply, as aforesa 1. with the con- ditions that would enitle him (or them) to pu'-chase w hin years from this date, or, having so complied, do not within that time make payment in full for the land, and also pay the sum of fifty dollars prescribed in the said regu aliens for the survey of the location, then the right to purcha o shall lapse, and the mining location shall revert to the Crown, to be otherwise disposed of as may be directed by the Minister of the Interior. • Agent of Dominion Lands. isa NORTHWEST TERRITORY. FORM D.-CERTIFICATE IN CASES OF PARTNERSHIP THAT ANNUAL EXPENDITURE MAY FOR FIRST TWO YEARS AFTER RECORDING CLAIMS BE MADE ON ANY ONE OF THE CLAIMS AFFECTED BY SUCH PARTNERSHIP. No Department of the Interior, Dominion Lands Office, Agency, 18 . This is to certify that in accordance with the provisions >f sub-clause (d) of clause four of the Dominion Mining Regula- tions, (A. B.) of , who ob- tained entry No. for the mining location described as follows: day of 18 , and of who obtained entry for the mining location described as follows: day of 18 , and of who obtained entry for the mining location described as follows: day of 18 , and of who obtained entry for the mining location described as follows: on the day of 18 , having complied with the conditions required by said sub-clause (d) in so far that they have filed a certificate of a Partnership entered into at dated the day of , 18 , and all their claims having been entered within three months of each other, and numbered in this of- fice asilNos. (or if incorporated, have filed the docu- ments required) may make within one year from this date the annual expenditure required by each on any one of the min- ing locations aforementioned, amounting to dollars, this being the amount under said regulations required to be expended within the Brst and second years after said claims were located. Agent of Dominion Lands. on (C. No. the D.) on the (E. F.) No. on the (G. H.) No. DOMINION MINING REGULATIONS. <8i FORM E.— RECEIPT TO BE GIVEN FOR FEE PAID IN CASE OF PARTNERSHIP. No Department of the Interior, Dominion Lands Office, Agency, i8 . Received from (A. B.) of five dollars, being the fee required by sub-clause (d) of clause four of the Dominion Mining Regulations accompanying his (or their) application No. dated i8 , respect- ing the mining location described as follows (insert description in detail) for which he (or they) obtained entry No. on the day of z8 . From evidence furnished by the said application No. it would appear that (A. B.) * his (or their) legal representatives or assigns are entitled to continue in pos- session of the said mining location, and, during the term of years from the , i8 , to take there* from and dispose of any mineral deposit contained within its boundaries, and, on due compliance at any time within that period with the several requirements in that behalf of the said mining regulations, are entitled to purchase the said location which, provisionally and until survey thereof, may be known and described as above. If the said (A. B.) or his (or their) legal representatives or assigns, fail to comply, as aforesaid, With the conditions that would entitle him or them to purchase within years from this date, or, having so complied, do not within that time make payment in full for the land» and also pay the sum of fifty dollars prescribed in the said reg- ulations for the survey of the location, then the right to pur- chase shall lapse, and the mining location shall revert to the Crown, to be otherwise disposed of as may be directed by the Minister of the Interior. The said (A. B.) location are those recited in No. the day of and the foregoing mining Form D, dated at i8 . Agent of Dominion Lands. 154 NORTHWEST TERRITORY. FORM F.— PATENT OF A MINING LOCATION. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith.— To all to whom these presents shall come. Greeting: Know Ye that We do by these presents, for Us, Our heirs and successors, in consideration of the fulfilment of the Do- minion Mining Regulations of our Dominion of Canada give and grant unto heirs and assigns, all that parcel or lot of land situate and numbered on the official plan or survey of the said , to have and to hold the said parcel of land, and all minerals, precious and base, which may be found therein, unto the said heirs and assigns forever; Provided, that it shall at all times be lawful for Us, Our heirs and successors, or for any person by Our authority, to resume any portion (not exceeding one-twentieth part) of the said lands for making roads, canals, bridges, towing paths, or other works of public utility or convenience; but no such re- sumption shall be ihade of land on which any permanent build- ings may have been erected, without compensation; Provided, also, that it shall be lawful for any person duly authorized by Us, Our heirs and successors, to take and oc- cupy such water privileges, and to have and enjoy such ilcrht of carrying water over, through or under any parts of the hereditaments hereby granted as may be reasonably required for agricultural or other purposes in the vicinity of the said land, upon paying therefor a reasonable compensation to the aforesaid heirs and assigns. FORJM G.— CERTIFICATE OF THE ASSIGNMENT OF A MINING LOCATION. No Department of the Interior, Dominion Lands Office, Agency, i8 This is to certify that (B. C.) of has in respect of the claim assigned and here- inafter described ; that is to say, to enter into possession of the said mining location, and during the term of years from the date of the receipt No. granted to the said (A. B.), dated the day of 18 , to take there- from and dispose of any mineral deposit contained within its boundaries, and, on due compliance at any time within that period with the several requirements in that behalf of the Do- minion Mining Regulations, entitles him or them to purchase the said location, which, provisionally, and until survey thereof, may be known and described as follows: — (insert description in detail). If the said (B. C.) or his (or their) legal representatives or assigns, fail to comply as aforesaid with the conditions that would entitle him or them to purchase, within year of the date of the receipt granted to (A. B.) and now deposited with me, or having so complied, do not within that time make pay- ment in full for the land, and also pay the sum of fifty dollars prescribed in the said regulations for the survey of the location, then the right to purchase shall lapse, and the mining location shall revert to the Crown, to be otherwise disposed of, as may be directed by the Minister of the Interior. Agent of Dominion Lands. FORxM H.— APPLICATION FOR GRANT FOR PLACER MINING AND AFFIDAVIT OF APPLICANT. I, (or we), of hereby apply, under the Dominion Mining Regulations, for a grant of a claim for placer mining as defined in the said regulations, in (here describe locality.) and I (or we) solemnly swear: — I. That I (or we) have discovered therein a deposit of (here name the metal or mineral). 156 NORTHWEST TERRITORY. a. That 1 (or we) am (or arc) to the best of my (or our) knowledge and belief, the first dscoverer (or discoverers) of the said deposit; or— 3. That the said claim was previously granted to (here name the last grantee), but has remained unworked by the said grantee for not less than 4. That I (or we) am (or are) unaware that the land is other than vacant Dominion Land 5. That I (or we) did, on the day of mark out on the ground, in accordance in every particular with the provisions of sub-clause (e) of clause eighteen of the said mining regulations, the claim for which I (or we) make this application, and that in so doing I (or we) did not encroach on any other claim or mining location previousJy laid out by any other person. 6. That the said claim contains, as nearly as I (or we) could measure or estimate, an area of square feet, and that the description (and sketch, if any) of this date hereto attached, signed by me (or us), sets (or set) forth in detail, to the best of my (or our) knowledge and ability, its position, form and di- mensions. 7. That I (or we) make this application in good faith, to acquire the claim for the sole purpose of mining, to be prose- cuted by myself (or us), or by myself and associates, or by my (or our) assigns. Sworn before me at this day of z8 . (Signature) FORM I.-GRANT FOR PLACER MINING. No. Department of the Interior, Dominion Land Office. Agency, 18 . In consideration of the payment of five dollars, being the fee required by the provisions of the Dominion Mining Regulations, clauses four and twenty, by (A.B.) of , accompany- ing his (or their) application No. , dated 18 , for a mining claim in (here insert description of locality). The Minister of the Interior hereby grants to the said DOMINION MINING REGULATIONS. isr (A.B.) , for the term of one year from the date hereof, the exclusive right of entry upon the claim (here describe in detail the claim granted) for the miner-like working thereof and the construction of a residence thereon, and the exclusive right to all the proceeds realized therefrom. The said (A.B.) shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim, and not already lawfully appropriated, as shall be necessary for the due working thereof, and to drain his (or their) claim, free of charge. This grant does not convey to the said (A.B.) any surface rights in the said claim, or any right of ownership in the soil covered by the said claim; and the said grant shall lapse and be forfeited unless the claim is continuously and in good faith worked by the said (A.B.) or his (or their) associates. The rights hereby granted are those laid down in the afore- said mining regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are ex- pressed herein or not. Agent of Dominion Lands. FORM J.— CERTIFICATE OF THE ASSICiNMENT OF A PLACER MINING CLAIM. No Department of the Interior, Dominion Lands Office. Agency, i8 . This is to certify that (B.C.) of has (or have) filed an assignment in due form dated i8 , and accompanied by a registration fee of two dollars, of the grant to (A.B.) of of the right to mine in (insert descriptioi^ of claim) for one year from the i8 . This certificate entitles the said (B.C.) to all the rights and privileges of the said (A.B.) in respect of the claim assigned, that is to say, to the exclusive risht of entry upon the said claim for the miner-like working 158 NORTHWEST TERRITORY. thereof and the construction of a residence thereon, and the exclusive right to all the proceeds realized therefrom, for the remaining portion of the year for which the said claim was granted to the said (A.B.) , that is to say, until the day of i8 . The said (B.C.) shall be entitled to the use of so much of the water naturally flowing through or past his (or their) claim and not already lawfully appropriated, as shall be necessary for the due working thereof, and to drain the claim free of charge. This grant does not convey to the said (B.C.) any surface rights in the said claim, or any right of ownership in the soil covered by the said claim; and the said grant shall lapse and be forfeited unless the claim is continuously, and in good faith, worked by the said (B.C.) or his (or their) associates. The rights hereby granted are those laid down in the Do- minion Mining Regulations, and no more, and are subject to all the provisions of the said regulations, whether the same are exp.-essed herein or not. Agent of Dominion Lands. FORM K.— GRANT TO A BED-ROCK FLUME COMPANY. No. Department of the Interior, Dominion Lands OfHce. Agency, i8 . In consideration of the payment of a deposit of one hundred dollars, required by clause thirty-four of the Dominion Mining Regulations to be made with the application of a bed-rock flume company, and of the further sum of ten dollars, being the fee for registration of this grant required by qlause thirty-nine of the said regulations, — The Minister of the Interior hereby grants to (names of members of company) forming to* gether a bed-rock flume company (known as the (title of company) J the following rights and privileges, that is to say: — ia) The rights of way through and entry upon any new and DOMINION MINING REGULATIONS. 159 unworked rivfr, creek, gulch or ravine, and the exclusive right to locate aud work a strip of ground one hundred feet wide and two hundred feet long in the bed thereof, to each individual of the company; (b) The rights of way through and entry upon any river, creek, gulch or ravine, worked by miners for any period longer than two years prior to such entry, and already wholly or par- tially abandoned, and the exclusive right to stake out and work both the unworked and abandoned portions thereof, one hun- dred feet in width, and one-quarter of a mile in length for each individual of the company; (c) The rights of entry through and entry upon all claims which, at the time of the notice of application, are in good faith being worked, for the purpose of cutting a channel and laying their flume therein, with such reasonable space for con- structing, maintaining and repairing the flume as may be nec- essary. (d) The use of so much of the unappropriated water of the stream on which they may be located, and of other adjacent streams, as may be necessary for the use of their flumes, hy- draulic power and machinery to carry on their operations, and the right of way for ditches and flumes to convey the necessary water to their works, subject to the payment of any damage which may be done to other parties by running such ditch or flume through or over their ground; Provided, that the rights herein granted shall apply only to such claims and streams as are here specified: (insert description of claims and streams) and such other claims and streams as may, after due notice and application, be subsequently added to the above list by the Minister of the Interior, under the hand of the local Agent; Provided also, that the said company shall pay to the local Agent, in advance, an annual rent of ten dollars for each quar- ter of a mile of right of way legally held by them; Provided further, that this grant is subject to all the provi- sions of the Dominion Mming Regulations in that behalf, whether the same are expressed herein or not. This grant shall cease and determine at the expiration of years from the date hereof. Agent of Dominion LAnds. i6o NORTHWEST TERRITORY. FORM L.~GRANT FOR DRAINAGE. No. Department of the Interior, Dominion Lands Office, Agency , i8 . In consideration of the payment of a deposit of twenty-five dollars, required by clause forty-three of the Dominion Mining Regulations, to be made with the application for a grant of right of way to construct drains, and of the further sum of dollars, being the fee for the registration of this grant required by clause forty-four of the said regulations. The Minister of the Interior hereby grants to (name or names of grantee or grantees) the right to run a drain or tunnel for drainage purposes through the oc- cupied mining lands here specified: (here describe mining lands) and further, for a term of from the date hereof, exclusive rights of way through and entry upon the following mining grounds: (here insert description) for the purpose of constructing a drain or drains for the drainage thereof; and the right to charge the following tolls for the use thereof (insert tariff of tolls): Provided, that the grantee (or grantees) shall construct such drain' or drains of sufficient size to meet all requirements within from the date hereof, and keep the same in thorough working order and repair, and free from all ob- structions; and shall, within a reasonable time, construct proper tap drains froui or into any adjacent claims, upon being re- quested by the owners thereof, and in default thereof, shall per- mit such parties themselves to make them, in which case such parties shall only be chargeable with one-half the rates of drain- age-toll herein authorized: Provided also, that said grantee (or grantees) shall com- pensate the owners of lands or holders of claims entered upon by for any damage they may sustain by the construction of such tunnel or drain: Provided further, that the said grantee (or grantees) shall pay to the local Agent, in advance, an annual rent of ten dol- lars for each quarter of a mile of right of way legally held by Provided further, that this gr&nt is subject to all the pro- DOMINION MINING REGULATIONS. i6i .visions of the Dominion Mining Regulations in that behalf, whether the same are expressed herein or not. Agent of Dominion Lands. FORM M.— NOTICE OF APPLICATION TO DIVERT WATER. USE AND Notice is hereby given, in pursuance of the provisions of the Dominion Mining Regulations, that I (or we) of at the expiration of twenty days from the date hereof, intend to apply to the Minister of the Interior of Canada, for authority to take, carry away, and divert to my (or our) mining claim or from its natural channel, inches of the unetitered and unappropriated water of the (stream or lake) known as for purposes, during the term of years from the date of entry, with the object of Such diversion will be made at a point situate on the end or side of the said (stream or lake), marked on the ground by a conspicuous post; and it is intended that such water shall be carried in and through a (ditch, or flume, or both), in a direction over the lands of as indicated by like conspicuous posts planted about every quarter of a mile along the proposed location (of the ditch, or flume, or both). (Signed) Post Office Address. Dated the day of , i8 . at FORM N. -GRANT OF RIGHT TO DIVERT WATER AND CONSTRUCT DITCHES. No. Department of the Interior, Dominion Lands Office, Agency , i8 . In consideration of the payment of a deposit of twenty-five dollars, required by clause forty-seven of the Dominion Mining Regulations, to be made with the application for the right to divert water and construct ditches: II i6a NORTHWEST TERRITORY. The Minister of the Interior hereby grants to (A.B.) for the term of years from the date hereof, the right to divert and use the water from (specify stream or lake) to the extent of inches, and no more, to be distributed as follows: (describe locality of distribution) together with the rischt to charge the following rates for the use of the said water: (insert rates to be charged) and the rights of way through and entry upon the foll6wing m-iing grounds (insert descrip- tion) for the purpose of constructing ditches and flumes to convey such water, provided such ditches and flumes are constructed and in wotking order within from the date hereof: Provided, that this grant shall be deemed to be appurtenant to mining claim No. , and shall cease and determine whenever the said claim shall have been worked out or aban- doncvd, or the occasion for the use. of such water upon the said claim shall have permanently ceased: Provided also, that this grant is subject to all the provisions of the Dominion Mining Regulations in that behalf, whether the same are expressed herein or not. Agent of Dominion Lands. DREDGING REGULATIONS. GOVEKNTNG THE ISSUE OF LEASES TO DREDGE FOR MCNERALS IN THE SUBMERGED BEDS OF RIVERS IN MANITOBA AND THE NORTHWEST TERRITORIES EX- CEPTING THE YUKON RIVER AND ITS TRIBUTARIES. (Approved by Order in Council No. 2103 of the 21st of July 1897, as amended by Order in Council No. 2325 of the 29th of July, 1897.) The Agent of Dominion Lands in whose district the portion of the river desired to be leased is situated is authorized to DREDGING REGULATIONS. 163 accept applications, and leases may be issued by the Minister of the Interior upon the following conditions: — 1. The lessee shall be given the exclusive right to sub- aqueous mining and dredging for minerals with the exception of coal in and along an unbroken extent of five miles of the river following its sinuosities, and to be described by the applicant in such manner as to be easily traced on the ground. 2. The lease shall be for a term of twenty years, at the end of which time all rights vested in, or which may be claimed by the lessee are to cease and determine. The lease may be re- newable, however, from time to time thereafter in the discre- tion of the Minister of the Interior. 3. The lessee's right to mining and dredging shall be con- fined to the submerged bed or bars in the river, below low water mark. 4. The lease shall be subject to the rights of all persons who have received or who may receive entries for bar diggings or bench claims under the mining regulations. S- The lessee shall have a dredge in operation within one year from the date of the lease, and, if during one season, when operations can be carried on, he fails to efficiently work the same, the lease shall become null and void, unless the Minister of the Interior shall decide otherwise. 6. The lessee shall pay a rental of $50 per annura for each dredj^e used, such rental to be paid in advance, and to com- mence to accrue on the date upon which the least; is issued. He shall also pay to the Crown a royalty of two and one-half per cent on the output after it exceeds $10,000.00, as shown by sworn returns to be furnished monthly by the lessee during the period that dredging operations are being carried on. Said royalty to be paid monthly. 7. The lessee shall not interfere in any way v/ith the general right of the public to use the river in which he may be per- mitted to dredge, for navigation and other purposes; the free navigation of the river shall not be impeded by the deposit of tailings in such manner as to form bars or banks in the channel thereof; and the current or stream shall not be obstructed in any material degree by the accumulation of such deposits. 8. The lease shall provide that any one who has or who may receive entry under the mining regulations shall be entitled to run tailings into the river rit any point thereon, also to mine 164 NORTHWEST TERRITORY. two feet below the surface of the water at low water mark by putting in wing dams. Q. The lease to be issued shall reserve all roads, ways, bridges, drains, and other public works and improvements now existing, or which may hereafter be made in, upon or under any part of the river, and the power to enter and construct the same. It shall also provide that the lessee shall not damage nor obstruct any public ways, drains, bridges, works and im- provements now or hereafter to be made upon, in, over, through, or under the river; and that he will substantially bridge or cover and protect all the cuts, flumes, ditches, and sluices, and all pits and dangerous places at all points where they may be crossed by a public highway or frequented path or trail, to the satisfaction of the Minister of the Interior. DOMINION COAL LANDS. I. THE FOLLOWING REGULATIONS APPLY TO COAL MINED ON DOMINION LANDS FOR DOMESTIC PURPOSES ONLY. 9 FEBRUARY, 1897. 2. The frontage cf a coal mining location shall not exceed three chains in width measured in direct distance and the length thereof shall not exceed ten chains, nor shall it be less than five chains, except where the ground is covered by a prior loca- tion. Its boundaries beneath the surface shall be the vertical planes in which its surface boundaries lie. 3. The location shall be marked on the ground by placing at each of its four corners a wooden post not less than four inches square, driven not less than eighteen inches into the ground and showing that length above it. If the ground is too rocky to admit of so driving such posts, the claimant shall build about each of them, to support it and keep it in place, a cairn or mound of stones, at least three feet in diameter at the base, and eighteen inches high. If the location be timbered, a line shall be run and well blazed joining the said posts. If it be not timbered, and the ground is of such a nature that any one post cannot be seen from the ends of either of the lines which form the angle at which the said post is placed, posts flattened on two sides (such flattened portions facing the direc- tions of the line) shall be planted or mounded along the side lines wherever necessary so that no difficulty may be experi- COAL REGULATIONS. 165 enced by a subsequent prospector or explorer discovering or following the boundaries of any location. If the location be laid out with its boundaries due North and South and East and West, then the claimant shall mark on the post at the North- east angle of the location, legibly with a cutting instrument or with colored chalk, his name in full, the date of such markingp and the letters M.L. No. i, to indicate that the post is Mining Location Post No. i. Proceeding next to the Southeasterly^ angle of the location, he shall mark the post planted there with the letters M.L. No. 2, and his initials; next to the South' westerly angle of the location the post planted at which he shall mark with the letters M.L. No. 3, and his initials, and lastly to the northwesterly angle of the location, the post planted at which he shall mark with the letters M.L. No. 4, and his initials. If the location be laid out by other than due North and South and East and West lines, the first mentioned post shall be the one at the northerly angle; the second the one at the Easterly angle; the third the one at the Southerly angle, and the fourth the one at the Westerly angle; furthermore on the face of each post, which face shall in the planting thereof be turned towards the post which next follows it in the order in which they are named and numbered, there shall be marked in figures the number of yards distant to the next following post. If means of measurement are not available, the distance to be so marked on each of the posts may be that estimated. If the corner of a location falls in a ravine, bed of a stream, or any other situation where the character of the locality may render the planting of a post impossible, the said corner may be indicated by the erection at the nearest suitable point of a witness post, which in that case shall contain the same marks as those prescribed in this clause with regard to corner posts, together with the letters W.I'., and an indication of the bearing and distance of the site of the true corner from such witness post. 4- If the location is situated within territory where no sur- veys have been made, it shall be connected with some promi- nent feature in the locality, the connection to be shown on a sketch to be furnished by the claimant. If it is situated on the bank of a stream, the claimant shall show on the sketch the general course of the stream, any ravine running back from the same, and such other topographical features as are notice- x^ NORTHWEST TERRITORY. 5. If the location is situated within territory which has not been subdivided, but where one or more township lines have been established, it shall be connected with some point on such established boundary. 6. Having so marked the location on the ground, the claim- ant shall within thirty days thereafter file with the Agent for the Land District within which the location is situated, an application for the same with a sketch showing its position, and if within a surveyed tract the quarter-section within which it is situated. 7. If within thirty days after staking a location the claimant has not made application to the Agent therefor, it shall be open to any other applicant who complies with the require- ments of these Regulations. 8. Where two or more persons lay claim to the same loca- tion, the right to acquire it shall be in him who can prove that he was the first to discover mineral deposit involved, and to take possession by demarcation in the manner prescribed in these Regulations of the location covering it. 9. When there are two or more applicants for a location, no one of whotr is the original discoverer, the Minister of the Interior, if he sees fit to dispose of the location, shall in- vite their competitive tenders. 10. A permit to mine coal on the location staked out will be issued upon payment of the annual rental of five dollars for any area less than one acre, and for an area of one acre or over, at the rate of five dollars an acre. Returns on a form to be furnished by the Department of the Interior shall be made by the permittee every month to the Agent of Dominion Lands within whose district the location is situated showing the quantity of coal mined, and payment shall at the same time be made of the royalty thereon at the following rates — namely, twenty cents per ton for anthracite coal, fifteen cents per ton for bituminous coal, and ten cents per ton for lignite coal. Even if no coal has been mined during any one month, the permittee shall send in a return to that effect. A declaration as to the truth of the return shall be made before a Justice of the Peace, a Commissioner, or an Agent of Dominion Lands, but if the location is not situated within a radius of five miles of the place where such declaration can be taken, it will be sufficient if the permittee sends in an interim COAL REGULATIONS. 167 return of the coal mined during the month and pays the roy- alty thereon. In such case, the permittee shall every three months make a declaration before a fustice of the Peace, a Commissioner, or an Agent of Dominion Lands, as to the ac- curacy of such returns for the next preceding period of three months and send it to the Agent of Dominion Lands. 11. A permit may, in the discretion of the Minister of the Interior, be renewed from year to year so long as the land described therein is vested in the Crown, provided the per- mittee has complied with all the requirements of these Regula- tions, and is operating his mine to the satisfaction of the Min- ister. If at any time during the period the permit is in force the permittee desires to cease operations on his claim, he may do so on making to the Agent of Dominion Lands a return of all coal mined between the date of his last return and the date upon which he ceased operations, paying the amount for royalty and ground rent, and returning the permit issued to him. 12. The permit while it remains in force shall give to the permittee sole and undisputed possession of the location there- in described. ,In case the applicant for a permit is the owner of the surface rights of the location, no ground rent therefor shall be charged. If the surface of the location is not the property of the Crown, and the permittee desires an easement to the mine, it will be necessary for him to acquire it in ac- cordance with the provisions in that behalf of the Regulations for the disposal of coal lands approved by Orders in Council of the 17th of September, 1889, and the 9th of July, 1892. 13- The permit shall be returned to the Agent on the date specified therein. 14. No permit shall be issued to mine coal on lands which are not situated within territory designated from time to time by the Minister of the Interior as a Coal Mining District for the purposes of these Regulations. 15. If a permittee fails to comply with the requirements of any of the provisions of these Regulations, the permit may be forfeited by the Minister of the Interior. A. M. BURGESS, Deputy of the Minister of the Interior. Department of the Interior, Ottawa. i| Ni PUI PART V. NORTHWEST TERRITORY AND MANITOBA. PUBLIC LANDS OTHER THAN MINERAL BE- • • LpNQING TO THE DOMINION OF CANADA. PART 5. NORTHWEST TERRITORY AND MANITOBA DOMINION LANDS. Dominion lands as herein stated applies exclusively to pub- lic lands belonging to the Dominion of Canada in Manitoba and the Territories of Canada. The public lands of the Yukon District in the Northwest Territory are Dominion lands and are governed by the Dominion land law. NOTES. 44a>» (i) The sections or clauses which have been inserted in s consolidation under the numbers "39a.," "42a.," "42b.," 440., 44c., 44 90a., 90D., 90c., and "91a.," were given such numbers so that they might be in- serted next the particular provisions to which they respectively relate. For the same reason section i of 57-58 Vic, chap. 26, has been inserted after clause 23 as a proviso. (2.) Section 5 of 55-56 Vic, chap. 15, inserted in this consol- idation as "47," not only repeals clause 47 of chap. 24, R. S. C, but also amends the "Rocky Mountains Park Act," 50-51 Vic, chap. 32; and section 6 of 55-56 Vic, chap. 15, concern- ing as it does the subject of sections 107 and 108 of the "North- west Territories Act," chap, so, R. S. C, is properly a new provision of that act. (3.) The provisions of 56 Vic, chap. 18., and of 58-59 Vic, chap. 34, sections i and 2, authorizing the Minister to grant homestead entries to the persons named therein, respectively, for the school lands set opposite their respective names and the provisions of 58-59 Vic, chap. 34, section 3, authorizing the sale of the school lands therein mentioned to the Coch- rane Ranch Company, have not been included in this consoli- dation. (170) DOMINION LANDS. 171 THE REV^ISED STATUTES OF CANADA. CHAPTER 54. AN ACT RESPECTING PUBLIC LANDS, A. D. 1886. (As amended by 50-51 Vic, Chap. 31, assented to 23rd June, A. D. 1887; SI Vic, Chap. 21, assented to 22nd May, A. D. 1888; 52 Vic, Chap 27, assented to 2nd May, A. D. 1889; 54- 55 Vic, Chap. 24, assented to 30th September, A. D. 1891; 55-56 Vic, Chap. 15, assented to gth July, A. D. 1892; 57-58 Vic. Chap. 26, assented to 23rd July, 1894; and 58-59 Vic, Chap. 34, assented to 22nd July, 1895.) With amendments of 29th of June, 1897. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Sec I. SHORT TITLE.— This act may be cited as "The Dominion Lands Act," 46 V., c 17, s. i, part. Sec. 2. INTERPRETATION. "MINISTER."— («.) The expression " Minister" means the Minister of the Interior. "SURVEYOR-GENERAL."- (6) The expression "Sur- veyor-General" means the officer of the Department of the Interior who bears that designation, or the chief clerk perform- ing his duties for the time being. "AGENT OR OFFICER." "LOCAL AGENT." "LAND OFFICE."— (c.) The expression "agent" or "officer" means any person or officer employed in connection with the adminis- tration and management, sale or settlement of Dominion lands; the expression "local agent" means the agent for Dominion lands employed as aforesaid, with respect to the lands in ques- tion; and the expression "land office" means the office of any such agent. "DOMINION LAND SURVEYOR."— (d.) The expres- sion "Dominion Land Surveyor" means a surveyor duly au- thorized, under the provisions of this Act, to survey Dominion lands. "CROWN TIMBER AGENT."— (e.) The expression "Crown Timber Agent'* means the local officer appointed to collect dues and to perform such other duties as are assigned to such officer, in respect to the timber on Dominion lands. 172 NORTHWEST TERRITORY. 4 I' "CLAUSE." "SUB-CLAUSE." — (/.) The expression "clause" means a section of this Act, or of any Act herein cited, distinguished by a separate number; and the expression "sub-clause" means a subdivision of any clause distinguished by a separate number or letter in smaller type. "DOMINION LANDS."-(a.) The expression "iDominion lands" means any lands to which this Act applies. "PREEMPTION ENTRY." "PRE-EMPTION RIGHT." — (fc.) The expression "pre-emption entry" means the entering on the books of a local agent of a preferential claim to acquire by purchase, in' connection with a homestead entry, and on be- coming entitled to a patent for the homestead, a quarter sec- tion, or a part of a quarter section of land adjoining such home- stead; and the expression "pre-emption right" means the right of obtaining a patent for such quarter-section, or a part of a quarter-section, on the said condition and on payment of the price fixed by the Governor in Council at the time of entry in the class of lands in which such pre-emption is comprised, in respect of land subject to pre-emption ntry. 46 V., c. 17, s. i, part. APPLICATION OF ACT. APPLICATION OF ACT.— Sec. 3. Except as provided by any other Act of the Parliament of Canada, this Act ap- plies exclusively to the public lands included in Manitoba and the several territories of Canada. 46 V., c. 17, s. i, part. AS TO LANDS STILL UNDER INDIAN TITLE.— Sec. 4. None of the provisions of this Act shall apply to territory the Indian title to which is not extinguished. 46 V., c. 17, s. 3. ADMINISTRATION. ADMINISTRATION AND MANAGEMENT. HOW EF- FECTED.— Sec. 5. The Minister shall have the administra- tion and management of the Dominion lands; and such ad- ministration and management shall be effected through a branch of the Department of the Interior, which shall be known and designated as "The Dominion Lands Office." 46 v., c. 17, s. 2, part. DOMINION LANDS. «73 GOVERNOR IN COUNCIL MAY APPOINT CERTAIN- OFFICERS. THEIR POWERS AND DUTIES.— Sec. 6. The Governor in Council may appoint an officer who shall be styled "The Commissioner of Dominion Lands," an officer who shall he styled "The Inspector of Dominion Lands Agen- cies," and an officer who shall be styled "The Superintendent of Mines," and such officers shall respectively have the powers, not inconsistent with the provisions of this Act, and perform the duties that are, from time to time, conferred upon and assigned to them by order of the Governor in Council. DOMINON LANDS BOARD MAY BE ESTABLISHED. COMPOSITION AND POWERS.— a. The Governor in Coun- cil may also establish a "Dominion Lands Board" to investi- gate and settle all disputed questions arising out of the duties imposed upon the Commissioner of Dominion Lands, the In- spector of Dominion Lands Agencies, and the Superintendent of Mines, and all other matters connected with the administra- tion of the Dominion lands system in Manitoba and the North- west Territories; and such Dominion Lands Board shall be composed of such persons, and shall have such powers and authority, not inconsistent with this Act, and shall perform such duties as the Governor in Council, from time to time, directs. 40 V., c. z"], s. 2, part. EMPLOYEES OF DEPARTMENT NOT TO PUR- CHASE DOMINION LANDS; OR GIVE INFORMATION WITHOUT PERMISSION OF MINISTER. Sec. ;• No per- son employed in or under the Department of the Interior shall purchase any Dominion lands except under authority of the (Governor in Council, or shall locate military or bounty land warrants, or land scrip, or act as agent of any other person in such behalf; and no person so employed shall disclose to any person except his superior officer, any discovery made by him or by any other officer of the Department of the Interior or any other information in his possession in relation to Dominion lands, until such discovery or information has been reported to the Minister of the Interior, and his permission for such disclosure has been obtained. EMPLOYEES IN OUTSIDE SERVICE OF DOMINION LANDS BRANCH AND EXTRA CLERKS TO TAKE OATHS OF ALLEGIANCE AND OFFICE.— 2. Every per- son employed in the outside service of the Dominion lands 174 NORTHWEST TERRITORY. branch of the done so, and who has not clerk who is paid to him, also the oath Civil Service part. Department of the Interior, who has not already every extra clerk employed in the said branch already done so, shall, and every person or extra hereafter so employed, shall, before any salary is take and subscribe the oath of allegiance, and of ofllice prescribed by clause fifty-seven of "The Act." 46 v., c. 17, s 2, part;— 49 V. c. 27, s. 2, SURVEYS. SYSTEM OF SURVEY. TOW NSHIPS.— Sec. 8. The Dominion lands shall be laid off in quadrilateral townships, each containing thirty-six sections of as nearly one mile SQuare as the convergence of meridians permits, with such road allowances between sections, and of such width, as the Governor in Council prescribes. SECTIONS.— 2. The sections shall be bounded and num- bered as shown by the following diagram r N. W 3' 32 33 34 3S ^r, 30 29 28 27 26 2=; 19 20 21 22 23 21 18 I- 16 15 14 i^ 7 8 9 10 II 12 6 5 4 3 2 I s. 46 v., c. 17. •• 4« DOMINION LANDS. m LINES HOUNDING TOWNSHIPS.-Sec. 9. The 1 nes bounding townships on the east and west sides shall be merid- ians; and those on the north and south sides shall be chords to parallels of latitude. 46 V., c. 17, s. 5. HOW TOWNSHIPS SHALL BE NUMHERED FROM PRINCIPAL MERIDIAN. FROM OTHER MERIDIANS. —Sec. ID. The townships shall be numbered, in regular order, northerly from the International Boundary, or forty-ninth par- allel of latitude, and shall lie in ranges numbered, in Mani- toba, east and west from a certain meridian line run in the year one thousand eight Viundred and sixty-nine, styled the "principal meridian," drawn northerly from the forty-ninth parallel of north latitude at a point ten miles, or thereabouts, westerly from Pembina; and in ranges numbered from such other initial meridians throughout the Northwest Territories as the Minister, in his direction of the land surveys, orders to be established. DESIGNATION OF MERIDIANS.-2. Such meridians shall be styled the second, the third, the fourth meridian, and so on, according to their order in number westward from the principal meridian. 46 V., c. 17. s. 6. WIDTH OF TOWNSHIPS ON BASE LINES.-Sec. 11. « Except as herein otherwise provided, townships shall be given their prescribed width on the base lines hereinafter mentioned; and the meridians between townships shall be drawn across svich bases, northward and southward, to the depth of two townships therefrom, that is to say, to the correction lines hereinafter mentioned. CERTAIN ME:RIDIANS HOW SURVEYED.— 2. The meridians between those townships situated between the In- ternational Boundary or first base line and the first correction line, shall be surveyed to the south from the said first correc- tion line to the said International Boundary or first base line. 52 v., c. 27, s. I. BASE LINES OF TOWNSHIPS.— Sec. 12. The said for- ty-ninth parallel, or International Boundary, shall be the first base line, or that for townships numbered one; the second base hne shall be between townships four and five; the third be- tween townships eight and nine; the fourth between townships twelve and thirteen; the fifth between townships sixteen and T76 NORTHWEST TERRITORY. seventeen; and so on, northerly, in regular succession. 46 V., c. 17. s. 8. CORRECTION LINES.— Sec. 13. The correction lines, or those upon whicli the jog resulting from the convergence of meridians shall be allowed, shall be as follows, that is to day: on the line between townships two and three, on that between six and seven, on that betv/een ten and eleven, and so on, that is to say: they will be those lines running east and west between townships and midway between the bases. 46 V., c. 17. s. 9. DIVISIONS OF A SECTION.— Sec. 14. Each section shall be divided into quarter-sections of one hundred and sixty acres, more or less, subject to the provisions hereinafter made. . ' '' • * ~ '1:1 i8o NORTHWEST TERRITORY. tory within the fertile belt, as hereinafter provided, shall, so long as thr townships comprised in the same remain unsur- veyed, be annually paid and accounted for to the Company; but such onc'twentieth shall cease or be diminished in propor- tion as the townships comprised in such limits, or any of them, are surveyed; and in such case the Company shall re- ceive their one-twentieth interest in the lands in such town- ships, in sections eight and twenty-six, as hereinbefore pro- vided. AS TO LANDS FOUND DENUDED OF TIMBER.-^. If the said sections, or either of them, when surveyed as afore- said, piove to have been denuded of timber by the lessee, to the extent ot one-Lalf or more, the Company shall not be bound to accept such sei , ion or sections so denuded, and shall be entitled to select a section or sections of an equal extent, in lieu thereof, from any unoccupied lands in the township. TITLE TO LANDS TO PASS TO COMPANY WITH- OUT PATENT IN CERTAIN CASES. ISSUE OF PAT- ENTS IN OTHER CASES.— 7. As townships are sur- veyed, and the respective surveys thereof are confirmed, or as townships or parts of townships are set apart and re- served from sale as timber lands, the Governor of the Com- pany shall be duly notified thereof by the Minister, and there- upon this Act shall operate to pass the title in fee simple in the sections or three-quarter parts of sections to which the Company is entitled under this clause,, as aforesaid, and to vest the same in the Company, without the issue of a patent for such lands; and as regards the lands set apart by allotment, and those selected to satisfy the one-twentieth in townships other than the above, as provided in sub-clauses two and three of this clause, returns thereof shall be made in due course by the local agent or agents, to the Dominion lands office, and patents shall issue for the same accordingly. 46 V., c. 17. s. 18. SCHOOL LANDS. SECTIONS II AND 29 IN EACH TOWNSHIP SET APART, AND WITPIDRAWN FROM SALE OR HOME- STEAD ENTRY — Sec. 23. Sections eleven and twenty-nine DOMINION LANDS. i8i in every surveyed township throughout the extent of the Domin- ion lands are hereby set apart as an endowment for purposes of education, and shall be designated school lands; and they are hereby withdrawn from the operation of the clauses of this Act which relate to the sale of Dominion lands and to home- stead rights therein; and no right to purchase or to obtain homestead entry shall be recognized in connection with the said sections, or any part of them. (46 V., c. 17, s. 19.) R. S. C, c. 54, s. 23 AMENDED. RIGHTS OF SETTLER ON SCHOOL LANDS BEFORE SURVEY. OTHER LANDS TO BE SET APART AS SCHOOL LANDS IN- STEAD. — Provided, that any person who is proved to the satis- faction of the Minister to have bona fide settled and made im- provements upon any such section before the survey of the township containing such section, may be granted a homestead entry for the land so occupied by him, not in excess of one hundred and sixty acres, if such lands are in other respects of the class open to homestead entry: Provided, further, that in every such case the Minister shall select from the unclaimed lands in the township an area equal to that for which entry is granted, and shall by notice in the Canada Gazette withdraw it from sale and settlement and set it apart as school lands. 57-58 v., c. 26, s. I. HOW TO BE ADMINISTERED.— Sec. 24. The school lands shall be administered by the Minister under the direction of the Governor in Council. 46 V., c. 17, s. 20, part. SALE TO BE BY PUBLIC AUCTION.— Sec. 25. All sales of school lands shall be at public auction, and an upset price shall be fixed, from time to time, by the Governor in Council; but in no case shall such lands be put up at an upset price less than the fair value of corresponding unoccupied lands in the township in which such lands are situate. TERMS OF PAYMENT.— 2. The terms of sale of school lands shall be at least one-fifth in cash at the time of sale, and the remainder in four equal successive annual instalments, with interest at the rate of six per cent per annum, '.vhich shall be paid with each instalment on the balance of purchase money, from time to time, remaining unpaid. INVESTMENT OF PURCHASE MONEYS. AND DIS- POSAL OF INTER I<:ST THEREON.— 3. All moneys, from M '!*- i8a NORTHWEST TERRITORY. time to time, realized from the sale of school lands, shall be invested in securities of Canada, to form a school fund, and the interest arising therefrom after deducting the cost of man- agement, shall be paid annually to the Government of the Province or Territory within with such lands are situated, towards the support of public schools therein; and the moneys so paid shall be distributed for that purpose by the Govern- ment of such Province or Territory in such mtinner as it deems expedient. 46 W, c. 17, s. 20, part. MILITARY BOUNTY LAND SCRIP. WARRANTS INSTJ£AD OF SCRIP FOR MILITARY SERVICES. — Sec. 26, In all cases in which land scrip has been earned, or is hereafter given by Canada, for military services, warrants therefor shall be granted in favor of the persons entitled thereto, by the ^Minister of Militia and De- fense; and such warrants shall be recorded in the Department of the Interior. MAY BE GIVEN IN PAYMEXT FOR LANDS. PRO- VISO. — 2. Such warrants shall be received at the value shown upon their face, in payment for any Dominion lands open for sale; but no greater area in any township than twenty per cent of the land, exclusive of school and Hudson's Bay Com pany's lands, shall be open for entry by military bounty war- rants. AS TO ACCEPTANCE OF WARRANTS AS PURCHASE MONEY. — 3. \\ hen warrants are accepted as purchase money, any deficiency shall be payable in cash ; but if any payment by warrant or by amount in warrants, is in excess of the amount of the purchase money, the excess shall not be returned by the Crown. [6 V., c. 17, s. 21. ASSIGNMENTS NOT ALLOWED, BUT WARRANTS TO BE PAYABLE TO BEARER.— Sec. 27. Assignments of militar\ bounty warrants, or of the expectancy of the same. shall nv>t be recosjnized; but the warrants shall, similarly to other land scrip, be considered payable to bearer; the warran- tees shall be at all risk of their loss, and no warrant shall be duplicated. ASl niinio[ Oi)en ditionJ CouncI tlian 01 Nof DOMINION LANDS. 183 AND TO PASS TO LEGAL REPRESENTATIVES.-2. If any person entitled to a military bounty warrant dies be- fore it is issued, the warrant shall issue in favor of the legal representative or representatives of such deceased person. 46 v., C. I7t s. 22. GRANTS UNDER ORDER IN COUNCIL OF 25TH APRIL, 1871. CON FIRM ED.--Sec. 28. All free grants of land made under an order of the Governor in Council, dated the twenty-fifth day of April, one thousand eight hundred and seventy-one, by which it was declared that the officers and sol- diers of the first or Ontario, and the second or Quebec battal- ion of rifles, then stationed in Manitoba, whether in the serv- ice or in depot companies, and not dismissed therefrom should be entitled to a free grant, without actual residence, of one quarter-section, are hereby confirmed, and the Minister of Militia and Defense shall issue the necessary warrants there- for accordingly. ASSIGNMENTS OF GRANTS UNDER SUCH ORDER, ATTESTED AS HEREIN MENTIONED, RECOGNIZED. —2. Every assignment of his interest by a person so entitled duly mide and attested, and having tlie certificate of discharge in the case of non-commissioned officers or private soldiers, attached thereto, and filed in the l.>uminion lands office before the issue of the warrant, shall be hcla 10 transfer in each case the interest of the person so entitled in the warrant when issued — which latter, in every such case, shall be attached, after registry, to the assignment on file, and held for delivery to the person entitled thereto, or for location. 46 V., c. 17, s. 23- SALE OF DOMINION LANDS. AS TO SALE OF SURVEYED LANDS.-Sec. 29. Do- minion lands, as the surveys thereof are duly made and con- firmed, shall, except as otherwise hereinafter provided, be open for purchase, at such prices, and on such terms and con- ditions as are fixed, from time to time, by the Governor in Council; but no purchase shall be permitted at a less price than one dollar per acre. NOT MORE THAN 640 ACRES TO ONE PERSON.— 2. It i'M fr ■i 184 NORTHWEST TERRITORY. Except in special cases in which the Governor in Council otherwise orders, no sale to one person shall exceed a section, or six hundred and forty acres. MAY BE RESTRICTED.--3. Sales shall be restricted, when the Governor in Council deems it expedient, to the odd- numbered sections in each township. SALE BY AUCTION IN CERTAIN CASES.-4- Such unoccupied lands as the Minister deems expedient, from time to time, may, when he so orders, be withdrawn from ordinary sale and settlement, and sold at public auction to the highest bidder — an upset price being fixed for the same. AS TO WATER POWERS, &c.— 5. Every legal subdivi- sion or other portion of Dominion lands, which includes a water power, harbor or stone quarry, shall be reserved from ordi- nary sale, and shall be disposed of in such manner, and on such terms and conditions, as are fixed by the Governor in Council, on the report of the Minister. 46 V., c. 17, s. 24. TOWN PLOTS, &c. MINISTER MAY RESERVE TRACTS FOR TOWN PLOTS, &c. Sec. 30. Th , Minister may withdraw from sale or homestead entry any tract or tracts of land, and may lay the same out into town or village lots; and the lots so laid out shall be sold, either by private sale, and for such price as the Minister sees fit, or at public auction,— an upset price being fixed for the same: ARRANGEMENT WITH ANY RAILWAY COMPANY AS TO SALE OF SUCH LANDS. 2. When the lands with- drawn from sale or homestead entry, to be laid out into town or village lots, are adjacent to lands to which any railway com- pany is entitled, the Minister may arrange with such company that the lands so withdrawn, and such lands of the company in the town or village as are agreed upon, shall be sold on joint account, and on such terms as appear just and equitable; and the lands so withdrawn may be granted to the company, or to such person as the Government and the company agree upon, for the purposes of such sale. CONVEYANCE FROM GRANTEE. 3- A deed from tfre DOMINION LANDS. 185 srrantee to the purchaser of any lands so withdrawn and sold, shall give the latter a good and valid title, free from all char;;es. encumbrances and trusts not expressed in the deed of conveyance executed by the grantee. 46 V., c. 17, s. 25. GOVERNOR IN COUNCIL MAY SET APART LANDS FOR OTHER PUBLIC PURPOSES. Sec. 31- The Gover- nor in Council may set apart and appropriate such Dominion Lands as he deems expedient, for the sites of market places* jails, court-houses, places of public worship, burying-grounds, schools, benevolent institutions, and squares, and for other similar public purposes, and, at any time before the issue of letters patent therefor, may alter or revoke such appropriation, as he deems expedient; and he may make free grants, for the purposes aforesaid, of the lands so appropriated, the trusts and uses to which they are to be subject being expressed in the letters patent. 46 V., c. 17, s. a6. m i; iili i' • I HOMESTEAD. ENTRY FOR HOMESTEAD RIGHTS; AREA LIM- ITED. Sec. 32. Every person who is the sole head of a fam- ily, and every male who has attained the age of eighteen years* wha makes application in the form A in the schedule to this Act, shall be entitled to obtain homestead entry for any quan- tity of land not exceeding one quarter-section, which is of the class of land open, under the provisions of this Act, to home- stead entry; and such person shall, at the same time as he ob- tains his entry, declare under which of the conditions pre- scribed by clause thirty-eight of this Act he elects to hold the bnd affected by such entry. 50-51 V., c. 31, s. 2. PREEMPTION ENTRY THEREWITH. 2. Such person may also, in connection with such homestead entry, obtain at the same time, but not at a later date, a pre-emption entry for an adjoining unoccupied quarter-section, or part of a quarter- section, of land of the said class:* EFFECT OF SUCH HOMESTEAD AND PRE-EMP- TION ENTRY. EXEMPTION FROM EXECUTION. 3. *N. B. — See, however, provisions of clause 46, discontinuing [pre-emption entry since 1st January, 1890. Post page 201. k'f -M j86 NORTHWEST TERRITORY. Il'i I'he entry for a homestead and for its attached pre-emption, if any, shall entitle the recipient to take, occupy and cultivate the land entered for, and to hold possession of the same to the •exclusion of any other person or persdtis whomsoever, and to bring and maintain actions for trespass committed on the said land; the title to the land shall remain m the Crown until the issue of the patent therefor, and the land shall not be liable to be taken in execution before the issue of the patent: TO APPLY ONLY TO AGRICULTURAL AND SUR- VEYED LANDS. 4. The privilege of homestead and pre- ■cmption entry shall only apply to surveyed agricultural lands; no person shall be entitled to such entry for land valuable for its timber, or for hay land, or for land on which there is a stone or marble quarry, or coal or other mineral having com- mercial value, or whereon there is any water power which may serve to drive machinery, or for land which, by reason of its position, such as being the dhore of an important harbor, bridge site, or canal site, or being either an actual or prospec- tive railway terminus or station, it is in the public interest to withhold from such entry. 46 V., c. 17, s. 27. AS TO RIGHTS OF PERSONS WHO HAVE SETTLED ON LANDS BEFORE SURVEY. Sec. zz. Whenever the survey of any township has been finally confirmed and such township opened for homestead entry, any person who has bona fide settled and made improvements before such confirmed •survey on land in such township, shall have a prior right to obtain homestead entry for the land so settled on, if such right is exercised within thre« months after the land is open for set- tlement, and if such land has not been reserved or the right to homestead entry is not excepted under the provisions of this Act. AS TO HOMESTEAD ENTRY THEREAFTER. 2. No homestead entry shall be granted to any other person in re- spect of such land until three months after notice in writing lias been given by the local agent to such bona fide settler that such land is open for settlement. 46 V., c. 17, s. 28. AFFIDAVIT TO BE MADE BY APPLICANT FOR] HOMESTEAD ENTRY. FEE. Sec. 34. Every person ap- plying for homestead entry shall appear and make affidavit bfr| iore the local agent, or, in his absence, the aenior clerk per-. fori jch« and cJer] such senic Act; be a the h Fl persoi the sj agent, shall luiving HO --Wot ^nterio: other requisit a home behalf obtain Appi t'lorizedl applicatf half of aftidavit clerk pel in the require; Pi'e-empt| prescribe '4, s. I. PEliSOJ S^c. 35. to homes person \\ ^'ition ai •\'\ DOMINION LANDS. i»jr i, it the the d to said I the le to 5UR- pre- lands ; lie for » is a ; com- h may of its harbor, jrospec- interest rTLED ver the id such as bona nfirmed right to ch right for set- e right of this 2. ^'° In in re- writing ttler that fT FOS| brson ap- [davit be I tlerk per- forming his duties, according to the form B, C, or D in the schedule to this Act, as the circumstances of the case require; and upon tiling such affidavit with such local agent, or senior clerk, and on payment to him of an ofHce fee of ten dollars, such person shall receive a receipt from the local agent, or senior clerk, according' to the form £ in the schedule to this Act; and such receipt shall be a certificate of entry and shall be authority to the person obtaining it to take possession of the land described in it. FURTHER FEE ON PRE-EMPTION ENTRY. 2. If a person who obtains homestead entry applies for and obtains at the same time a pre-emption entry, he shall pay to the local agent, or senior clerk, a further ofRce fee of ten dollars, and shall receive therefor from him a receipt in like form, and having like efifect to that prescribed for homestead entry. HOW ENTRIES ARE TO BE MADE ON BEHALF OF ANOTHER PERSON. 29 June, 1897. The Minister of the Interior or any member of the Dominion Lands Board or any other person named for the purpose by the Minister upon requisition, may authorize any person named therein to make a homestead entry or homestead and pre-emption entries, on behalf of any person signing such requisition and desiring to obtain such entry or entries. APPLICATION IN SUCH CASE. 4. The person so au- thorized shall, in order to obtain such entry or entries, make application in the form F in the schedule to this Act, on be- half of each of those whom he represents, and shall make an attiJavit before the local agent, or, in his absence, the senior clerk performing his duties, according to the form G, H or J, in the schedule to this Act, as the circumstances of the case require; and shall pay for each homestead entry, and for each pre-emption entry, the office fee of ten dollars hereinbefore prescribed for such entry. 49 V., c. 27, s. 4; and 54 — 55 V., c. 24, s. I. INVESTIGATION IN CASE OF DISPUTE BETWEEN PERSONS CLAIMING ENTRY FOR THE SAME LAND. Sec. 35. If a dispu'i. arises between persons claiming the right to homestead eilry tnr the same land, the local agent, or any person thereto aathorized by the Minister, shall make investi- gation and obtain evidence respecting the facts; and his report f jlrtf I;: IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 I.I ISO 121 lb 25 2.2 u Iffi 1 2.0 IL25 i 1.4 III 1.6 ^ VQ ?' ^ Photographic Sciences Corporation 23 WIST MAIN STRUT WIBSTIR.N.V. l-'f') (716) •73-4503 ^\ iV ^^ \\ *f^. ^; '^% >J^ ^V^ V ci\ II [' i88 NORTHWEST TERRITOKY. I ■; thereon, together with the evidence taken, shall be referred to the Minister for decision, or to the Dominion Lands Board* or Commissioner of Dominion Lands, or such person as is ap« pointed by the Governor in Council to consider and decide in cases of such disputes. FIRST SETTLER ENTITLED TO ENTRY, UNLESS CONTRARY TO PUBLIC INTERESTS. 2. When two or more person have settled upon and seek to obtain homestead entry for the same land, the one who settled first thereon shall be entitled to such entry, if the land is of the class open to homestead entry, and if it is not in the opinion of the Minister otherwise expedient, in the public interest, to entertain any application therefor. PROVISION IN CASE CONTENDING PARTIES HAVE MADE VALUABLE IMPROVEMENTS. 3. When contending applicants have made valuable improvements on the land in dispute the Minister may, if the application to acquire the land by homestead entry is entertained by him, order a division thereof in such manner as shall preserve to each of the parties to the dispute, as far as practicable, his improve- ments; and the Minister may, at his discretion, direct that the difference between the extent of the land so allotted to each of them and a C'^arter-section shall be made up from unoccupied land ad4oining, if there is any such of the class open to home- svead entry. 46 V., c. 17, a. 30. DELAY FOR PERFECTING ENTRY LIMITED. Sec. 36. Every person who has obtained homestead entry shall be allowed a period of six months from its date within which to perfect the entry, by taking, in his own person, possession of the land and beginning continuous residence thereon and cut* tivation thereof; and if the entry is' not perfected within that period, it shall be void, and the land shall be open to entry by another person, or to other disposition under this Act by the Minister: PROVISO: AS TO ENTRY OBTAINED AFTER FIRST SEPTEMBER, a. Provided, that every person who obtains entry on or after the first of September in any year, and whose term for perfecting the same expires before the first day of June following, shall be allowed an extenrjon of time to the latter date within which to perfect his duty: DOMINION LANDS. 189 i to ard, ap- e in ESS o or stead shall sn to nister any TIES When an the icquirc rder a ach of iprove- lat the jach of jcupied home- Sec, [hall be [hich to \sion of [nd cul- lin that ^ntry by by the FIRST obtains Id whose day 0* to the PROVISO: IN CASE OF IMMIGRANTS FROM PLACES OUT OF N. AMERICA. 3. Provided further, that in the case of emigrants from elsewhere than the North American continent, the Governor in Council may extend the time for the perfecting of entry to twelve months from the date thereof. 46 v., c. 17, s. 31. CASE OF IMMIGRANTS FORMING A HAMLET OR VILLAGE. Sec. 37. It a number of homestead settlers, em- jracing at least twenty families, with a view to greater con- venience in the establishment of schools and churches, and to the attainment of social advantages of like character, ask to be allowed to settle together in a hamlet or village, the Minister may, in his discretion, vary or dispense with the foregoing re- quirements as to residence, but not as to the cultivation of each separate quarter-section entered as a homestead. 46 V., c. 17, 8. 32. WHEN AND ON WHAT CONDITIONS A SETTLER MAY OBTAIN HIS PATENT. Sec. 38. At the expiration of three years from the date of his perfecting the homestead entry, the settler, or in case of his death, his legal representa- tives, upon proving, to the satisfaction of the local agent, or, in his absence, the senior clerk performing his duties, that he or they, or some of them, have resided upon and cultivated the land during the said term of three years, shall be entitled to a patent f9r the land, if such proof is accepted by the Commis- sioner of Dominion Lands, or the Land Board; but the patent therefor shall not issue to any person who is not a subject of Her Majesty by birth or naturalization. CASE OF SETTLER OBTAINING ENTRY BEFORE SURVEY. 2. In the case of a settler who obtains homestead entry for land occupied by him previous to survey thereof, in the manner hereinbefore mentioned, residence upon and cultivation of the land for the three years next preceding the application for patent shall, for the purpose of the issue of patent, be held equivalent to that prescribed in the foregoing sub-clause, if such residence and cultivation are otherwise in conformity with the provisions of this Act: OR RESIDING TWELVE MONTHS AND PERFORM- ING OTHER DUTIES BEFORE THE END OF THREE VEARS. 3. Every person who proves that he has resided on 190 NORTHWEST TERRITORY. i'.,\ the land for which he has homestead entry for twelve months from the date of his perfecting his entry therefor, and that he has brought under cultivation at least thirty acres thereof, may, before the expiration of the three years defined in sub-clause one of this clause, obtain a patent by paying the Government price at the time for the land. PROOF OF RESIDENCE AND CUI-TIVATION IN SUCH CASE. Amended 39 June, 1897. Proof of residence, erection of a habitable house and cultivation, required by this clause, shall be made by the claimant by affidavit, and shall be corroborated by the evidence on oath of two disinterested witnesses, resident in the vicinity of the land to which their eviderce relates, and shall be subject to acceptance as suffi- cient by the Commissioner of Dominion Lands or the Land Board; and such affidavit shall be sworn, and such evidence given, before the local agent or his senior assistant or before some other person named for that purpose by the Minister. RIGHT OF SETTLER WHO HAS OBTAINED PRE- EMPTION ENTRY AND PAYS THE PRICE. FORFEIT- URE IN DEFAULT. PROVISO AS TO SECOND HOME- STEAD ENTRY. 5. If, in connection with the homestead entry, the settler has obtained a pre-emption entry, in accord- ance with the provisions of this Act, he shall, on becoming entitled to a patent for his homestead, be also entitled to a patent for the land included in such pre-emption entry,, on pay- ment of the price fixed, in accordance with the provisions of this Act, by the Governor in Council; but such pre-emption right, if not exercised and payment made within two years after the settler becomes entitled to claim a patent under his home- stead entry, shall be forfeited, and the land included in such rre-emption entry may be opened for homestead entry by the Minister of the Interior: Provided, however, that where a set- tler has had a homestead and pre-emption entry, and has ob- tained a patent for his homestead in time to entitle him to make a second homestead entry, and has been permitted to make a second homestead entry for the quarter-section which was previously his pre-emption, he shall be entitled to a patem under such second homestead entry upon proving — RESIDENCE, (i.) That he has resided upon the quarter- section which was the subject of his first homestead entry for not j the c B] the d for ci sectio; SE the ds fifteen fifteen t'on, n TH] date of acres, a in addil second years of RESI in this i has not months XOTl person w] '0 apply, notice in '^•s intentf dence to t'"on. that) ■J3;— 47 v.f SECO] HIS 801 ^or his fii patent coi "?," V B.I have f>een in fc '^' s. 5.) DOMINION LANDS. igt not less than six months in each of three years from and after the date of his second homestead entry. BREAKING LAND. (2.) That within the first year after the date of his second homestead entry he broke and prepared for crop not less than fifteen acres of his homestead quarter- section. SECOND YEAR. (3.) That within the second year after the date of his second homestead entry he cropped the said fifteen acres, and broke and prepared for crop not less than* fifteen acres in addition on his second homestead quarter-sec- tion, making not less than thirty acres. THIRD YEAR. (4.) That within the third year after the date of his second homestead entry he cropped the said thirty acres, and broke and prepared for crop not less than ten acres in addition, making in all not less than forty acres of the said second homestead broken and prepared for crop within three years of the date of his second homestead entry. RESIDENCE EXPLAINED. And the residence described in this sub-clause shall be sufficiently fulfilled if the applicant has not been absent froi;. his residence for more than six months in any one year. 55—56 V., c. 15, s. 3. .6* NOTICE OF APPLICATION FOR PATENT. 8. Every person who has obtained a homestead entry, and who purposes- to apply cfor a patent for such homestead, shall give six months^ notice in writing to the Commissioner of Dominion Lands of his intention to make such application, and shall produce evi- dence to the officer who is authorized to receive the applica- tion, that such notice has been duly given. 46 V., c. 17, s. 33;— 47 v., c. 2S, ss. 2 and 3;— 49 V., c. 27, ss. 5 and 6. SECOND HOMESTEAD ENTRY BY SETTLER OR HIS SON. 29 June, 1897. 9. If a settler has obtained a patent for his first homestead, or a certificate for the issue of such> patent countersigned in the manner prescribed in this Act, and • N. B. — The provision; of these two sub-clauses, "6" and "7," have been left out of this consolidation as they have not been in force since the ist January, 1894. (See 54-55 V., c^ 24. S. 5.) , ■■PPMPI C»2 NORTHWEST TERRITORY. has obtained entry for a second homestead, or if any son of such settler, who has attained the age of eighteen years, has obtained entry for a homestead, the requirements of this Act as to residence prior to obtaining patent may be satisfied, in the case of the parent, by residence upon his first homestead, and, in the case of a son, by residence upon the parent's homestead. CONDITIONS ON WHICH PATENT MAY BE OB- TAIN ED. 2g June, 1897. 10. Notwithstanding anything con- tained in this Act, any person claiming a patent for land for which he has made entry as a homestead, or as a pre*emption, shall be entitled to obtain such patent upon proving to the satisfaction of the Minister or of the Commissioner of Domin- ion Lands or of the Dominion Lands Board — RESIDENCE, (a.) That he has fulfilled three years' resi- dence upon the land which is the subject of his entry, if the land is a homestead, and upon his homestead if the land is pre-emption, in accordance with the provisions as to three years' residence upon a homestead which are explained in this Act. CULTIVATION, (b.) That in each of such years he has cultivated not less than one acre of such land, and that at the date of his application the whole area so cultivated has been substantially fenced. CATTLE, (c.) That he has at least forty head of cattle upon such land. BUILDINGS, (d.) That he has erected on such land, or upon land occupied by him in the vicinity, stables and out- houses sufficient to winter at least forty he&d of cattle. FORFEITURE OF RIGHT:— BY NON-RESIDENCE. Sec. 39. If it is proved to the satisfaction of the Minister,— (a.) That the settler has not resided upon and cultivated his homestead, except as herein provided, for at least six months in any one year; or — BY NON-COMPLIANCE WITH THE CONDITIONS OF SUB-CLAUSE FIVE OF CLAUSE THIRTY-EIGHT. (b.) In case he has obtained his entry under and in accord* ance with sub-clause five of the next preceding clause, that be has failed to erect a habitable house and to commence actual DOMINION LANDS. 193 a oi has Act 1, in itead. ent's OB- con- id for iption, to the Jomin- »' rcsi- , if the land is o three in this he has t at the AS been of cattle land, or and out- DENCE. linister,- :ultivated least six )ITI0NS -EIGHT. m accord- that be ICC actual residence in the same and cultivation of the land within six months of the date of si)ich entry, and to continue and main* tain such residence and cultivation as required by the said sub- clause, or that he has failed to make permanent improvements nn the land to the aggregate value of one dollar and fifty cents per acre within three years from the time allowed for the per- fecting his entry. (c.) • (d.) • EFFFXT OF FORFEITURE. The right to the land shall he forfeked, and the entry thereof shall be canceled; and the cettler so forfeiting his entry shall not be eligible to obtain another entry, except in special cases, in the discretion of the Minister. 54-55 V., c. 24, s. 7. FORFEITURE OF RIGHT TO PATENT. Sec. 39a. Failure on the part of any person who has obtained a home- stead entry under the "Dominion Lands Act," to apply, as hereinbefore provided, for the patent for his homestead within a period of five years from the date of his homestead entry. shall render his riRht liable to forfeiture, in the discretion of the Minister of the Interior. 54-55 V., c. 24* s. 7. IN CASE OF SICKNESS TIME MAY BE EXTENDED. Sec. 40. In case of illness, vouched for by sufficient evidence, or in the cases of immigrant settlers returning to their native hnd to bring their families to their homesteads, or in other special cases, the Minister may, in his discretion, grant an ex- tension of time during which such settler may be absent from his homestead, without prejudice to his right therein; but the time so granted shall not be reckoned as residence. 46 V., c. I/, s. 34, part. SALE OF HOMESTEAD OF WHICH ENTRY IS CAN- CELED. Sec. 41. Every homestead, the entry of which has Heen canceled, may, in the discretion of the Minister, be held for sale of the land with the improvements, if any— or of the *N. B.— The provisions of these two clauses "(c.)" and "(d.)" have been left out of this consolidation as the provisions to whicli they refer, sub-clauses "6" and "7" of clause 38, have not heen in force since 1st January, 1894. (See 54-55 Vic, c. 24, s- S.) 13 SM NORTHWEST TERRITORY. ! i| ' ■!! <■ li improvements only, in connection with homestead entry thereof —to a person other than the person whose entry is canceled. 46 v., c 17, t. 35- ASSIGNMENTS BEFORE ISSUE OF PATENT BY LO- CAL AGENT. June 39, 1897. Sec. 4a. Unless the Minister otherwise declares, every assignment or transfer of homestead or pre-emption right, or any part thereof, and every agreement to assign or transfer any homestead or pre-emption right, or any part thereof, after patent obtained, made or entered mto before the issue of the patent, shall be null and void; and uilless the Minister otherwise declares, the person so assigning or trans- ferring, or making an agreement to assign or transfer, shall for- feit his homestead and pre-emption right, and shall not be per- mitted to make another homestead entry; provided that a per- son whose homestead or homestead and pre-emption have been recommended for patent by the local Agent, and who has re- ceived from such agent a ccrtihcate to that eftect, in the turm K in the schedule to this Act, countersigned by the Commis- sioner of Dominion Lands, or, in his absence by a member of the Dominion Lands Board, may legally dispose of and convey assign or transfer his right and title therein; and such person shall be considered to have received his certificate upon the date upon which it was so countersigned. ASSIGNMENT OF PRE-EMPTION RIGHTS. Sec. 42a. After a homestead has been recommended for patent, the holder of the pre-emption right may legally dispose of, convey, assign or transfer his right and title in the land for which he holds the pre-emption entry; and this provision shall also apply retro- specdvely, but shall have no force or e£tect as respects any land in relation to which the subject matter of this clause has already been adjudicated upon or is in question in any court of competent jurisdiction. 54-55 V., c. 24, a. 13. ASSIGNMENTS AND TRANSFERS, MADE BEFORE PATENT HAS ISSUED, NOT NULL. BUT MAY BE DE- GLARED SO. PROVISO. Sec. 42b. As respects every assignment or transfer of a homestead or pre-emption right held or acquired under the said Act, or any prior Acts re- lating to Dominion Lands, in whole or in part, and every agreement to make any such assignment or transfer, made or >cntered into before the issue of patent and previous to the date tJon anl DOMINION LANDS. 195' of d. ,o- ,ter Off : to any {ore the rans* L ior- ; per- i v>e^' been as re- 5 lorm >mtnis- iber oi convey person on the ec. 43<»- holder assign [olds the ly retro- jcts any lusc has ly court Lefors [be DE' Lt» every [on r\g^^ Acts re- ad every made ox tbe date of the passing of this Act, no such assignment or transfer or aRreement shall be ipso facto null and void, nor shall any for- feiture accrue in respect thereof; but the Minister of the In- terior may declare any such assignment or transfer or agree- ment to be null and void, and such forfeiture to have accrued, or either, and such declaration shall have force and efifect as if herein enacted: Provided that no such declaration shall have force and effect in any case in which a patent for any homestead or pre-emption land has issued previous to the date of such declaration, unless the patent has issued through fraud, error or improvidence. SAVING CLAUSE. 2. Nothing in the next preceding sub- clause contained shall in any manner have force or effect as respects any lands in relation to which the subject-matter of the said sub-clause has already been adjudicated upon, or is in question in any court of competent jurisdiction. 58-59 V\, c. 34,. s. 5. NO SECOND HOMESTEAD ENTRY. EXCEPTION. CHAP. 17 OF 1883. Sec 43. No person who has obtained a. homestead patent or certificate countersigned by the Commis- sioner of Dominion Lands, or a member of the Dominion Lands Board, as in the next preceding cause* mentioned, shall be entitled to obtain another homestead entry: Provided, however, that any person who, on the 2nd day of June, in the year one thousand eight hundred and eighty-nme, had obtained a home- stead patent, or a certificate of recommendation tor a patent countersigned by the Commissioner of Dominion Lands, or a member of the Dominion Lands Board, or who had complied, with the homestead provisions oi the Acts then in force relat- ing to Dominion lands entitling him to such certificate, or any person who has been permitted under the terms of section thiny- eight of the Dominion Lands Act, 1883, to create a charge upoa his homestead, and had completed his homestead duties on the said second day of June, one thousand eight hundred and eighty- nine, shall be permitted to make a second homestead entry. SS-s6 v., c. 15, s. 4. * MINISTER TO SANCTION PLANS FOR ADVANCING •N.B.— The clause herein referred to is 42 of this consolida- tion and not 426. Ill ( 1 1 <96 NORTHWEST TERRITORY. MONEY TO SECTION. Sec. 44. If any person or com. a.iyii desirous of assisting, by advances in money, intending settlers to place themselves on homestead lands in Manitoba or the Northwest Territories, and of securing such advances, such person or company may make application to the Minister, stat* ing the plan or project intended to be acted upon, the steps to be taken in furtherance thereof, and the amount to be advanced to such settlers; and the Minister may sanction and authorize such plan or project, or refuse his sanction and authority thereto: (49 V., c. 37, s. 9, ss. i.) STATEMENT OF EXPENSES TO BE FURNISHED TO SETTLER. — VERIFICATION OF STATEMENT.— SET- TLER TO MAKE ACKNOWLEDGMENT. — CHARGE CREATED. PROVISO: ACKNOWLEDGMENT MAY BE TAKEN AT ONCE.— CHARGE CREATED IN SUCH CASE. 2. If such plan or project is so sanctioned and such person or company thereupon places any settler upon a homestead, a statement' of the expenses incurred by such person or company in paying the actual bona fide cost of the passage and freight of paying for the homestead entry, or homestead and pre-emption «ntry, as the case may be. of providing medical attendance and for the subsistence of such settler and his family, of providing materials for buildings and of erecting buildings on his home- stead and of insuring the said buildings ^o which purposes one-half of the advance may be devoted), of breaking land on such homestead, and of providing horses, cattle, house furni- ture, farm implements and seed grain for him, in which state- ment a sum not exceeding ten dollars for the c*st of se- lecting the homestead, placing the settler thereon and legal ex- penses, and also an amount in money to cover interest on the amount advanced for a time to be agreed upon to enable such settler to obtain a return from the cultivation of such home- stead, may be included, shall be furnished to such settler, and shall also be submitted with proper vouchers in support thereof to the local agent, a homestead inspector or other agent ap- pointed by the Minister of the Interior, and the local agent, inspector, or other agent so appointed shall examine and verify the same both by such vouchers and by an examination tinder oath of such settler and of such person or company or their representative, and shall certify the result of such veri- ncation by a writing upon such statement signed by him; and M DOMINION LANDS. thereupon such settler shall make and execute an •cknowlcdg- ment in writing of the amount so advanced to him, and shalU by such writing, create a charge in the form L in the schedule to this Act upon such homestead for the amount of such ad- vance not exceeding the sum of six hundred dollars, and for the interest thereon at a rate not exceeding eight per cent per annum: Provided always, that it shall be competent for the person or company proposing to make such advance to take at once from an intending settler an acknowledgment in the form K in the schedule to this Act, and that such acknowledg- ment shall operate as a charge upon the homestead for which such settler obtains entry, to the extent that is certified by the local agent, homestead inspector or other agent ap- pointed by the Minister of the Interior, for any sum not exceed- ing six hundred dollars, and for the interest thereon at a rate not exceeding eight per cent per annum, upon presentation to him of vouchers or other satisfactory evidence that the advance for which a charge is proposed to be created has actually been made to the settler and that the settler has been actually placed on such homestead. 52 V., c. 27, s. 5; and 54-55 V., c. 24, s. 8. DEPOSIT OF DUPLICATE. - HOLDER'S RIGHTS.— PAYMENT OF INTEREST.-PAYMENT OF CAPITAL.— ASSIGNMENT OF CHARGE.-LIMIT OF ADDITIONAL CHARGES. 3. A duplicate of such acknowledgment and charge shall be deposited with the local agent, and thereafter the holder of such charge shall have the right to enforce jfay- ment of the apiount so advanced and of the interest thereon by ordinary legal proceedings: Provided always, that the time to be fixed for the payment of the first instalment of interest upon such advance shall not be earlier than the first ^&y of No^em- . ber in any year, nor shall it be within less than two years from the establishment of such settler upon such homestead; pro- vided also, that such settler shall not be bound to pay the cap- ital of such advance, or any part thereof, within a less period than four years from the date of his establishment upon such homestead; and provided also, that the holder of such charge may, subject to the approval of the Minister of the Interior, assign the same, and shall be deemed always to have had such power, subject to the approval of the Minister of the Interior; and provided further, that additional charges may, from time to time, be created on such homestead in the manner bereinabove 198 NORTHWEST TERRITORY. provided, fo long as the aggregate amount of the capital of the advances so charged thereon does not, at any time, exceed the said sum of six hundred dollars. S4-SS V., e. 94, s. 9* REGISTRATION. 4. Upon such acknowledgment and charge being duly executed and duly registered in the registry office for the registration district in which such homestead is situated, the same shall constitute and be and remain a first charge upon such homestead after the issue of the patent or certificate of patent for such homestead, until duly satisfied and extinguished according to law: PROVISION IN CASE THE SETTLER FORFEITS HIS RIGHT TO A PATENT.— RIGHT MAY PASS TO HOLDER OF CHARGE.— DUTIES OF HOLDER IN SUCH CASE.— PROVISION WHEN RIGHT TO PATENT HAS BEEN AC- QUIRED. 5. If such settler has not performed the condi- tions of settlement required to entitle him to a patent for such homestead within the time and in the manner provided by this Act. and has thereby forfeited his right to obtain a patent, the holder of the charge created thereon may apply to the Minister for a patent of such homestead, and upon establishing the facts to the satisfaction of the Minister, shall receive a patent in his name therefor; and such patentee shall be bound to place a bona fide settler on such homestead by the sale thereof to such settler or otherwise within two years from the date of such patent, and in default of so doing within the said period shall be bound and obliged on demand to sell the said homestead to any person willing to become a bona fide setter thereon, for such sum o' money as is sufficient to pay the amount of such charge and interest, and the expenses incurred by the patentee in obtaining such patent and in retaining the homestead, on pain, in case of refusal, of an absolute forfeiture of the said property and of all claims thereon and of the patent or other title thereto. But if the settler has acquired a right to receive a patent for the land so charged and does not apply for the issue of the same, the holder of such charge may obtain such patent, or certificate for patent, in the name of the person en- titled to receive the same or of his legal representatives, and thereafter the said charge shall become a statutory mortgage en such homestead. 49 V., c. 27, s. 9, part. CERTAIN ACKNOWLEDGMENTS OF MONEY AD- DOMINION LANDS. 199 VANCED TO SETTLERS RATIFIED. — PROVISO: AS TO NATURE OF CHARGE THEREBY CREATED. Sec. 440. Every acknowledgment entered into which purports to be so entered into in accordance with the provisions of clause forty* four of "The Dominion Lands Act," and which has been ex< amined, verified and certified by a local agent or a homestead inspector, previous to the date of the passing of this Act, is hereby ratified and confirmed, notwithstanding any departure from the conditions of the said clause forty«foui% and shall have force and effect as if no such departure had taken place: Provided, however, that no such acknowledgment shall be deemed to create a charge in respect of any moneys advanced or paid for any purposes other than those for which an Advance is authorized by the said clause forty-four, except the c: ( of materials for buildings, house furniture, breaking l:.nd on homestead, the entry fee for the homestead, and lega^ expenses not exceeding ten dollars. \ ALIDATION OF ACKNOWLEDGMENTS EXAMINED BY HOMESTEAD INSPECTORS, a. Every acknowledg- ment entered into in pursuance of the said clause forty-four, and which has been submitted, with the proper vouchers in support thereof, to a homestead inspector, instead of to a local agent, as provided by the said clause, and which has been ex- amined, verified and certified by such inspector, and subse- quently registered at the office of any local agent, or in the books of the Minister of the Interior, shall be valid and bind- ing in like manner as if the same had been examined, verified and certified by a local agent, as provided by the said clause. 52 v., c. 27, s. 4. BOARD VESTED WITH CERTAIN POWERS. Sec. 446. The board constituted in the manner and for the purposes set forth in the preamble to this Act shall be vested with all the powers conferred upon persons or companies by section forty- four of chapter fifty-four of the Revised Statutes of Canada, as amended by the Act passed in the session held in the fiftieth and fifty-first years of Her Majesty's reign and chaptered thirty-one, and such board and any persons who accept the assistance of the said board for the purpose of placing them- selves on homestead lands shall be subject to all the provi- sions of the said before cited section as so amended. 51 V.» C. 2\, S. I. Ml 300 NORTHWEST TERRITORY. . . « K ^N. B.-The loregoin. ^^^i 5- Victoria, ohap. «; this consolidation « ■"*;^„ble to that Act:- and the follo«mg .s a pre .dmINISTRATION OF PREAMBLE.-BOARD ^^.^.f ffund >' ;» J-Tc^' COLONIZATION FUND^W^ ^^ ^^ '^rTHiJln' and """' "'"j "c.« sU "tters <-»*;„:/ ^proposed to onization of crotu ^_^^^^. ^^^ «hereas ^^_^ j^^. islands of Scotland >n ^^mistration »'. '"'" ' v^cribers to establish a """f'"' representing .he P'-'^'l't-operate in i„g of comm.ss.oners rep ^^.^^ ""^u° efore tUr the said fund »"J to the said --^"^'^JTt Senate »"" "'" i" aid "u? the adv'« -VcTa" .1--) rnrSouse^r Con.n.ons of Canada, enac ^^^ _^^^^^ APPLICATION OF CLALSJ ^4.__^^^-^ ^ands Act ;• »» -»Vi er. rX-stnd Victoria -^- rrP-n -rrtatV-' '""n:E"'TO ECol^ HOMESTEA. TRANSFER OF "lA^^JO^SE^ ^ h . ^- -^d^ ^n'adUe^nder *' .^^I^X tn^e'suad ■« homestead for "» ,f obtain entry '".'""'"^ ,he holder of „inio« Lands A«. »»^.„ „. .he I««- /tcutes a .ran. lieu thereof, 'f tne ^^^ ^^^h settler ^^^^ j.„. .neh charge consfther^ ^^^ """"'"td "p«»« " ' - tei^g^'^J- :-^e::ean^^^^^^ ra«rUll"Sp.l^ :nd Shan cease to be ^ abandoned homestead. provisions of this ^rr^v OF CLAUSE. 2. inc p , obtained APPLICATION Otci^ ^^^^^^ ^^^^ V,as ^^'^^^^ «pou clause may be ^PP^^^^'^J^'i^ Ue« of the ^omesUad P ^ TVhl U^-t^ra^a^e fo. such advance. .SS v^hichhehad ^^^^ *":;;tain^ bnact-nts jo ^afflv ^^^^^^ ,^ CHARGES. Sec. 4S. Claus DOMINION LANDS. 201 terest," shall apply to all charges created under the next pre- ceding clause (*) of this Act. 49 V'.> c. 2T, s. 9, part. DISCONTINUANCE OF PRE-EMPTIONS. PRE-EMPTION TO BE DISCONTINUED AFTER 1ST JANUARY, 1890. Sec. 46. The privilege of pre-emption, in connection with a homestead entry, shall be discontinued from and after the first day of January, in the year one thousand fiKht hundred and ninety. 49 V., c. 27, s. 10. fol such ,on the of t^is lobtained ^d «P°*^ v., c. sucfl sting Ifl- MINING AND MINING LANDS. MINERAL AND COAL LANDS. Sec. 47- Lands con- taining coals or other minerals, including lands in the Rocky Mountains Park, shall not be subject to the provisions of this Act respecting sale or homestead entry, but the Governor-Gen- eral in Council may, from time to time, make regulations for the working and development of mines on such lands, and for the sale, leasing, licensing, or other disposal thereof: Pro* vided, however, that no disposition of mines or mining inter- ests in the said park shall be for a longer period than twenty years, renewable, in the discretion of the Governor in Council^ from time to time, for further periods of twenty years each, and not exceeding in all sixty years. 55-56 V., c. 15, s. 5. GOLD OR SILVER MINES NOT TO PASS BY GRANT OF LAND CONTAINING THEM. Sec. 48. No grant from the Crown of lands in freehold or for any less estate shall be deemed to have conveyed or to convey the gold or silver mines therein, unless the same are expressly conveyed in such grant. 46 V., c. 17, s. 43. RIGHTS OF DISCOVERERS OF MINER/.1.S. Sec. 49. Every discoverer of minerals upon surveyed or unsurveyed lands, or his assigns rnd associates, who had applied for a grant of such lands before the passing of the Act passed in the forty-third year of Her Majesty's reign, chaoter twenty- six, shall be held to have the same rights as if i^zX Act had not been passed. 46 V., c. t7> s. 44. * N. B.— The clause herein referred to is 44 of this Act. £02 NORTHWEST TERRITORY. PREVENTION OF POLLUTION OF WATER. ' Sec. 49a. Whenever lands are entered for either as a homestead or pre-emption, or sold or otherwise disposed of, and such lands contain or border upon a coulee or ravine, which has been xitilized for the purpose of forming a reservoir for the storage of water, or which, in the opinion of the Minister, or of the Affent or other officer by whom such entry is issued or such «ale or disposal is made, is capable of being so utilized to ad* vantage, such entry may be issued or such sale or disposal made subject to the condition that no building shall be erected within a specified distance from the border of such coulee or ravine, and to such other conditions as, under the circum- stances of the case, seem desirable with a view to the preven- tion of the pollution of the water stored in such reservoir; and in every such case any patent issued for such land shall be expressed to be subject to the conditions so imposed. 54-55 V., 5 v., !C. 50- of un- ter for rs for as in time y BE OF vicin* an area r acres, expedi- iny time and io ^, by tbe [ts tr-ade. Iscc shall S. 41- PATENTS. DEPUTY GOVERNOR FOR SIGNING PARENTS. Sec. 52. A Deputy Governor may be appointed by the Governor General, who shall have the power, in the absence of or under instructions of the Governor-General, to sign letters patent of Dominion lands; and the signature of such Deputy Governor ta such patents shall have the same force and virtue as if such patents were signed by the Governor*Gcneral. 46 V., c. 17, s. 70, part. PATENTS AND LEASES, &c., TO BE PREPARED IN DEPARTMENT OF INTERIOR.— TO BE SIGNED BY G0\ERNOR-GENERAL OR DEPUTY. Sec. 53- Every patent for land shall be prepared in the Department of the Interior, and shall be signed by the Minister or the Deputy of the Minister of the Interior, or by some other person there- unto specially authorized by the Governor in Council, and when so signed shall be registered by an officer specially ap- pointed for that purpose by the Registrar-Geners.1, and then transmitted to the Secretary of State of Canada, by whom, or by the Under Secretary of State, the same shall be coun- tersigned, and the Great Seal of Canada thereto caused to be aiiixed: Provided, that every patent for land shall be signed by the Govfernor-General or Deputy Governor, as hereinbefore provided. 46 V., c. 17, s. 70, part. ^ REMEDY IN CASE OF DEFICIENCY OF QUANTITY MENTIONED IN PATENT.-LIMITATION OF TIME FOR CLAIM. Sec. 54. Whenever, through error in survey or in the books or plans of a Dominion lands office, any grant of land is found deficient, the Minister may order a free grant, equal in value, at the time such land was granted or sold, to the ascertained deficiency, or he may order the purchase money of so much land as is deficient, with interest thereon at the rate of six per centum per annum, from the time of the pur- chase thereof, to be paid back to the purchaser; but no claim respecting any such deficiency shall be entertained unless it is made within five years iro:i\ tVi*" date of the patent, and unless the deficiency is equal to one-tenth of the whole quantity de- scribed in the patent as being contained in the lot or parcel of land granted. 46 V., c. 17, s. 71. PATENT ISSUED IN ERROR MAY BE CANCELED. i m ml: m 204 NORTHWEST TERRITORY. Sec. 55. Whenever a patent has been issued to, or in the name of, a. wrong person, or contains any clerical error, mis- nomer or wrong or defective description of the land thereby intended to be granted, or there is in such patent an omis- sion of the conditions of the grant, the Minister may, there being no adverse claim, direct the defective patent to be can- celed and a correct one to be issued in its stead — which cor- rected patent shall relate back to the date of the one so can- celed and have the same effect as if issued at the date of such canceled patent. 46 V., c. 17, s. 72. REMEDY IN CASE* OF GRANTS OR PATENTS IN- CONSISTENT WITH EACH OTHER.— LIMITATION OF TIME FOR CLAIM. Sec. s6. In all cases in which, through error, grants or letters patent have issued for the same land, inconsistent with each other, and in all cases of sales or appro- priations of the same land, inconsistent with each other, the Minister may order a new grant, to the person thereby de- prived, of land of value equal to that of the original grant, at the time the same was granted, or may, in case of sale, cause repayrient to be made of the purchase money, with interest; or '.vhen the land has passed frf m the original purchaser, or has been improved before the discovery of the error, or when the original grant was a free grant, the Minister may assign land, or grant such amount of scrip for the purchase of Do- minion lands as to him seems just and equitable under the cir- cumstances; but no claim under this clause shall be enter- tained unless it is preferred within one year after the discovery of the error. 46 V., c. 17, s. 73. PROVISION IN CASE OF PATENTS ISSUED THROUGH FRAUD, &c.— AVOIDANCE ON REGISTRY OF DECREE. Sec. 57. Whenever patents, leases or other in- struments respecting lands have issued through fraud, or in error or improvidence, any court having competent jurisdic- tion in cases • respecting real property in the Province or Terri- tory where such lands are situate, may, upon action, bill or plaint respecting such lands, and upon hearing the parties in- terested, or upon default of the said parties after such notice of proceeding as the said court orders, decree or adjudge such patent, lease or other instrument to be void; and upon the registry of such decree or adjudication in the office of the Re^ DOMINION LANDS. aos istrar-General of Canada, such patent, lease or other instrument shall be void. 46 V'., c. 17, s. 74« REMEDY IN CASE OF REFUSAL TO DELIVER UP POSSESSION OF FORFEITED LAND, OR TO VACATE LAND WRONGFULLY HELD.-ORDER TO SHERIFF TO GIVE POSSESSION. Sec. 58. When any settler, pur- chaser or other person refuses or neglects to deliver up posses- sion of any land after forfeiture of the same under the provi- sions of this Act, or whenever any person is wrongfully in possession cf Dominion land and refuses to vacate or aban- don possession of the same, the Minister may apply to a judge of any court of competent jurisdiction in cases respecting real property in the Province or Territory in which the land is situate, for an order in the form of a writ of ejectment or of habere facias possessionem; and the said judge, upon proof to his satisfaction that such land was so forfeited and should properly revert to the Crown, or is wrongfully in possession of such person, shall grant an order upon the settler or person in possession to deliver up the same to the Minister, or to the person by him authorized to receive sUch possession; and such order shall have the same force as a writ of habere facias pos- sessionem; and the sheriff shall execute the same in like man- ner as he would execute the said writ in an action of ejectment or a petitory action. 46 V., c. 17, s. 75. ASSIGNMENTS. ASSIGNMENTS OF DOMINION LANDS TO BE REG- ISTERED.-CONDITION OF REGISTRATION. Sec. SQ- The Minister shall cause to be kept, in the Department of the Interior, books for registering, at the option of the persons interested, assignments of any rights to Dominion lands which are assignable \ '^r this Act, upon proof to his satisfaction that such assignments are in conformity with this Act; and every assignment so registered shall be valid against any other assignment unregistered or subsequently registered; but any assignment to be registered shall be unconditional, and all con- ditions on which the right depends shall be performed, or dis- pensed with by the Minister, before the assignment is regis- [••^red. 46 v., c. 17, s. 76. ■ISii io6 NORTHWEST TERRITORY. . ,i II I 'HI :i i ; f; PATENT TO LEGAL REPRESENTATIVE OF PARTV DYING ENTITLED THERETO. Sec. 60. On any applica- tion for a patent by the legal representative of a person who died entitled to such patent, the Minister may receive proof of the facts in such manner as he sees fit to require; and upon beinR satisfied that the claim has been justly established, may allow the same and cause a patent to be issued accordingly. 46 v., c. Z7t s. 77. ^ TOWNSHIP PLANS AND PATENT LISTS. MINISTER TO TRANSMIT CERTAIN INFORMA- TION TO REGISTRARS. Sec. 61. The Minister shall trans- mit to the registrar of every county and registration district or division in Manitoba and the Northwest Territories, as early as possible in each year, a certified copy of the map of each township in such county, district or division, surveyed in the year next preceding, together with a certified list of the lands in such county, district or division, patented during such year. 46 v., c. I7f s. 78. LAND SCRIP. AUTHORITY TO ISSUE SCRIP. Sec. 62. The Governor in Council may, if he deems it expedient so to do, satisfy any claim to a grant of Dominion lands, respecting which no pro- vision is otherwise made by law, by an issue of scrip redeem- able only by its receipt in payment for such land. 46 V., c. 17, s. 80. TIMBER AND TIMBER LANDS. WOOD FOR SETTLERS. MINISTER MAY SET APART LAND OR WOOD LOTS. Sec. 63. The Minister may direct that in the subdi- vision of townships, which consists partly of prairie and partly of timber land, the timber lands shall be divided into wood lots of not more than twenty and not less than ten acres each, in such manner as to afford, as far as practicable, one such wood lot to each quarter-section prairie farm. DOMINION LANDS. «V y ;a- kio of (on lay jly. ;rans- ict or early each in the ; lands ^ year. )vernor isfy any Ino pro- Iredeem- v., c. WOOD L subdi- l(i partly Ito wood |res eacli. one sucV. AS TO QUARTER-SECTIONiJ HAVING WOOD ON THEM. 2. If a quarter section is found to contain timber land which does not exceed in extent twenty-five acres, such timber land shall be appurtenant to such quarter-section and shall not be divided into wood lots. ASSIGNMENT OF WOOD LOT TO EACH HOME- STEAD.-PRICE TO BE PAID BY SETTLER. 3. Out of any wood lots set apart under the first sub-clause of this clauscr the local agent shall, on application, apportion a wood lot to each settler on a homestead quarter-section not having on it more than ten acres of woodland; and such wood lot shall be paid for by the applicant at the price for wood lots fixed at the time by the Minister, and shall be entered in the books of the local agent and be given by him, in his returns, as ap- pertaining to such homestead quarter-section; and on the homestead claimant fulfilling all the requirements of this Act in that behalf, but not otherwise, a patent shall issue to him for such wood lot: Provided always, that any person to whom a wood lot was apportioned in connection with a homestead, under the provisions of sub-clause five of clause forty-six of "The Dominion Lands Act of 187a," having duly fulfilled the conditions of such homestead grant, shall receive a patent for such wood lot as a free grant, as provided in the said sub- clause, notwithstanding the repeal of the said sub-clause by the Act thirty-seven Victoria, chapter nineteen: Provided, further, that the cancellation of a homestead entry shall carry with it the cancellation of the entry of the wood lot appor- tioned thereto, and also the forfeiture of the purchase money of such wood lot. AS TO SALE OF TIMBER TO SAWMILLS, &c., BE- FORE PATENT.— PUNISHMENT FOR SO DOING. 4. Any holder of a homestead entry who, previously to the issue of the patent, sells any of the timber on either his homestead or pre-emption quarter-section, or on the appurtenant wood let. to saw-mill proprietors or to any other than settlers for their own private use, without having previously obtained per- mission so to do from the Minister, is guilty of a trespass and may be prosecuted therefor before a justice of the peace; and. upon conviction thereof, shall be liable to a penalty not ex- ceeding; one hundred dollars or to imprisonment for a term ao8 NORTHWEST TERRITORY. not exceeding six months, or to both penalty and imprison- ment, in the discretion of tHe court; and further, such person shall forfeit his homestead and pre-emption rights, and the timber so sold shall be subject to seizure and confiscation in the manner hereinafter provided. 46 V., c. 17, s. 45. TIMBER BERTHS. "TIMBER" DEFINED. Sec. 64. In the twenty-five clauses next following, the expression "timber" means all wood and all products thereof. 46 W, c. 17, s. 46. TIMBER DISTRICTS. Sec. 65. The Governor in Council may, from time to time, declare districts of territory to be timber districts; and no lease of a timber berth shall be granted except within timber districts so set apart. 46 V., c. 17, s. 47. DIVISION OF SUCH DISTRICTS INTO TIMBER BERTHS BY MINISTER.— REGULATIONS RESPECT- ING GRANT OF SUCH BERTHS. Sec. 66. The Minister may set apart any tract of land in any timber district, and may cause the same to be divided into timber berths not exceed- ing in area fifty square miles each, and the same shall be re- served from sale and settlement; and under such regulations as are made by the Governor in council respecting the ground rents, royalties or other dues which shall be paid in connec- tion therewith, leases of the right to cut timber on such berths may be granted as hereinafter provided. 46 V., c. 17, s. 48. SALE OF LEASES OF SUCH BERTHS; CONDITIONS THEREOF. Sec. 67. The Governor in Council may, from time to time, order that leases of the right to cut timber on certain timber berths defined in the order shall be offered at public auction at an upset bonus fixed in the order, and awarded to the person bidding, in each case, the highest bonus thereof — such bonus to be paid in cash at the time of sale. LEASE TO SOLE APPLICANT. 2. The Governor in Council may also authorize the lease of the right to cut tim- ber on any timber berth to any person who is the sole appli- cant for the lease — the bonus to be paid by such applicant to lie fixed in the order authorizing the lease to him, and to be g)aid in cash at the time of its issue. Se ce( be unl the, as t N shall pay . there' FC SEE OF. timbeJ '"n the the tir of the "fits ai consenl P'evin. f f^er wh thorizej ^«y pel '0 pros] /ease, t/ '^ any, such iea «ot expl 'ease shl Order ii Render J '"8' the jf DOMINION LANDS. ao9 uncU ;o be •anted s. 47- ABER PEGT- Linister id tnay exceed- be re- ylations ground connec- berths 48. TIONS ly, frotn fmber on Lftered at ler, and ,st' bonus sa\e. lernor i" cut titn- sole app^»- .plicant to and to be WHEN THERE IS MORE THAN ONE APPLICANT FOR A BERTH. 3. When one or more persons apply for the right to cut timber upon the same berth, the Governor in Council may authorize the Minister to invite tenders from the applicants or the public; and the person tendering the highest cash bonus therefor shall be entitled to the lease. 46 V., c. 17, s. 49- DURATION OF LEASES; AND AS TO RENEWAL. Sec. 68. Leases of timber berths shall be for a term not ex* ceeding one year; and the lessee of a timber berth shall not be held to have any claim whatever to a renewal of his lease unless such renewal is provided for in the Order in council au* thorizing it, or embodied in the conditions of sale or tender» as the case may be, under which it was obtained. NO RENEWAL IN CERTAIN CASES. 2. No lease shall be renewed in any case in which the lessee has failed to pay any ground rent, royalty or other dues in connection therewith. 46 V., c. 17, s. 50. FORM AND EFFECT OF LEASE.— RIGHTS OF LES- SEE TO THE TIMBER, AND P:NF0RCEMENT THERE- OF. Sec. 69. The lease shall describe the lands upon which timber, wood, or other products of wood, cut within the limits in the lessee all rights of property whatsoever in all trees, the timber may be cut, and shall, during the continuance, vest of the leasehold, whether such trees, timber and wood or prod- ucts are cut by his authority or by any person without his consent; and such lease shall entitle the lessee to seize in re- plevin, revendication or otherwise, as his property, such tim- ber where the same is found in the possession of any unau- thorized person, and also to bring any action or suit against any person unlawfully in possession of any such timber, and to prosecute all persons cutting timber in trespass upon his lease, to conviction and punishment, and to recover damages, if any, and all proceedings pending at the expiration of any such lease may be continued and completed as if the lease had not expired. 46 V., c. 17, s. 51. FURTHER CONDITIONS OF LEASE. Sec. 70. The IcAse shall, in addition to such other provisions as are in the Order in Council granting it, or in the conditions of sale or tender under which it was obtained, contain provisions bind- ing the lessee: — 14 k. JIO «,„«*ion ««h th.^^ .„ ,h. ,.„.. . "-^VU. bo.rd within » time f f»" „,y.four hour, a 'houw ^^^, «p,city to cot n t«.n » ^ ^ ^,„ .quare J~l'« "^^^i ^, „»iute. lot ««'/** ,„jh other mtmio^on <>• Uiey are '««""~ ° „,oros sworn to by b«n ° ' quantities tr«« «c^«a by hi» «.«^«- ^^ ^,„.„. „, un«.c». """pHEVENTING WASTE. .)^ Jo . P^„,,^ , „^ to P^ »" waste o umber •« *^^%h. -l'"™"r.m tHrused lo- vent. t'° ITye^ttained a .i« fit»«g them which have not y« «» *„ch«.»bl. timber. (,.) '"' -'TZ] „.^f rseSifn^ o. r .ris-^-aV-^w ir;i „; cau.. ""'"rr^: o prior date, or "^J^^J^t U- DOMINION LANDS. ail a rd ea >d« Cb.> •and pay ;d i« n. booVs the i»- vcr te- MODS. lime as bts Ac* ia agen* uatititie* products thervwisc and tbe id to pf«- ang «ee» ,c used tot exercise >ttgin *«4 Itc Sec. 7»- other error ue lands i^ Lrpose utv4«'| this Act, the later lease shall be void in so far as it interferes with any previous lease, sale, grant or setting apart. 46 \ ., c. 17, s- 53- RESERJ^ATION OF RIGHT OF GOVERNMENT AS TO COAL AND MINERALS. Sec. 72. Every lease of a timber berth shall be subject to the right of the Crown to deal, in accordance with the provisions of this Act and the regula* tions made under it by the Governor in Council, with any and all coal and other minerals found within the limits of the berth leased; and the Crown shall have the right, in dealing, as above provided, with any coal or other minerals in lands leased aa timber limits, to authorize the persons to whom sucb coal and other minerals are granted, to take possession of and occupy such extent of the land so leased as is necessary to work such coal or other minerals, and to open necessary roads through any such timber berths— paying the lessee of the berth the value of any and all timber necessarily cut in making such roads or in working the mines— and the provisions of this clause shall operate retrospectively, that is to say: they shall apply to all leases of timber berths heretofore granted under any Act respecting Dominion lands, as if they had been con- tained in such Act when it was passed. 46 V., c. 17, s. 54. FORFEITURE OF LEASE FOR VIOLATION OF CON- DITIONS.-~PROVISO. Sec. 73- Every lease shall be sub- ject to forfeiture for violation of any one of the conditions to which it is subject, or for any fraudulent return; and in such case the Minister may, without any action, suit or other pro- ceeding, and without compensation, to the lessee, cancel the same and make a new lease or disposition of the limit de- scribed therein to any other person, at any time during the term of the lease so canceled; but the Minister may, if he sees fit, refrain from canceling such lease for non-payment of dues, and may enforce payment of such dues in the manner by this Act provided. 46 V., c. 17, s. 55. LIEN OF THE CROWN FOR DUES, AND ENFORCE- MENT THEREOF.— SEIZURE AND SALE OF TIMBER. Sec. 74. All gro'ind rents, royalties or other dues on timber cut within the limits of any timber berth, which are not paid at the time when they become due, shall bear interest at the rate of six per cent per annum until paid, and shall be a lien on Ti"'. ,' NORTHWEST TERRITORY. i in ra! o, other P«»"", •"Hu'*' »' ** """"' *. pay"'"' "' '"" the Minuter. •«« ";r.u«i<:ient to secure *"'y..uare and «m. in bis oP«»»»^ ";,! i„,„„t and ««'^"V .he Pav"'"' «?' " d°m"y d«^n '"' •'"" l"iS three month, aher tale, and may j j, „ot made «'"" . Minister, sell thereof, and >' »»^J^;^\uh the "«"»" deducting the .»« such »"'«'• '""hL .uction,-«nd. »'»«' ^''' .^cpenses alore- .uch timber by 'f "^. i„,„est tbe«on and «P .^ ,h. '»-' '° ''l^U pay over th' ".lance if any to th^^^^_ „_ „ u "-"■"■ ^rutB.E KOR ^^:^sjr:^ - »:? Bn te,-rr^^Xth-^:-- ^> «»"" of the Cro«n ^^ .^_ ., found. jbe^h ^, ^^^^ „id timber, or any P ^^ »»i'°"",^ collection of such secured, as pr ^^^ "• '■ ''■ ^vvNT OF PAYMENT l^,,'^,^e payment of ENFORCEMENT 5? „^ sec. 7>>- " *fby any lessee MOVAL OUT Oe Ct^^^ ^^ "«" ."± or products o«t ^e Cro«n dues on ^^ ;^'»„,., „, .uch "»'^« "^"^.d and « other person, by the ^_^^^„t of dues . ^^^^ „, o( Canada, or othermse, ,„ f '. !le d«» «'»"'" tuy expense, '"""'tis Act may be »dded to the due ^^^^ the said dues n«^" 'b« ^c ^^^^ ^^^„ ";°"b."Ud a.^ tog to be collected on a y ^,^^^jy. '"1" «ith such 1»«- , b^h by th. •"«;;'„^^uch timber. to«^b.r ^^^f^^. „ ., or his agent, m any | 17. s- S^' DOMINION LANDS. si> BONDS OR NOTES MAY BE TAKEN WITHOUT AF- FECTING LIEN. Sec. ^t. The Minister may take or author- ize the taking of bonds or promissory notes for any money due to the Crown, as aforesaid, or. in hi^ discretion, for double the amount of any dues, penalties and costs incurred or to be incurred, and may, if it is under seizure, then release any tim> ber upon which the same would be leviable; but the taking of such bonds or notes shall not affect the right of the Crown to enforce payment of such money, and the debt shall be a lien on any timber cut on the same or on any other berth, by the lessee or by his authority, if the sums for which such bonds or notes are given are not paid when due. 46 V., c. 17. s. 59. /cr tVie is tto^ [ vtfood, jl sucVv tain tVve paid or v., c- FOREST PARKS. PRESERVATION OF FOREST TREES AND MAIN- TENANCE OF RAINFALL.— FOREST PARKS. Sec. 78. The Governor in Council may, from time to time,, for the pres- ervation of forest trees on the crests and slopes of the Rocky Mountains, and for the proper maintenance throughout the year of the volume of water in the rivers and streams which have their sources in such mountains and traverse the North- west Territories, reserve from sale, lease or license, such por- tions of the land in the Northwest Territories, on, adjacent to or in the vicinity of the Rocky Mountains, a» to him it appears expedient so to reserve, and may define the limits or bounda- ries of such reserves; and may set aside and appropriate such lands for a forest park or forest parks, as he deems expedient, and may appoint officers for the preservation of such reserves and forest parks. RETURNS TO PARLIAMENT. 2. Statements showing such reserves and appropriations, with the necessary maps, «hall be laid before Parliament within fifteen days after the- commencement of the session next after such reserves or ap- propriations have been made. PENALTY FOR DESTROYING TREES.— SUMMARY ?RUCl\EDINGS. 3. Every one who wilfully cuts down; breaks, bi^rks, roots up, removes or destroys, or causes to be [Cut down, broken, barked, rooted up, removed, or destroyed. NORTQWEST TERRITORY. ax4 J timber growing *» „i.h «»"• "t thrNorth««st Tenitone.. a |t.p« tices of the P«»«= ,X coHts ot prosecution. *« °^,„,bs. such penalty. »^/'Xy ,erm not exceeding three mo may be iropnaoned for any 47 v.. c. as. »■ '• .«xmV OF PEKSo'^^r^"^^ "^»^^ *""■ LIABILIIY Ol? AUTHORITY. o^TMLER ON DOMINION to cut or assist in c „, employs » ^^ lands, or removes or carne ^^ ^^^ '^''^.h^ J such assists any other P«f"' ^°J „„, acquire any •«" ^^ /,„., of any kind so "'v '^V remuneration for <=»"'»/ ^*^\ t„ or timber or any d""" '"' ^,ket or conveying *he «™^ „„, ^"■^rmlrketrand »hrn «»« timbe^ has ^-/Htherwise rhfre"a:;:'o th. C«.»n -- , riddition to the 1.S a^ay, and such s^ ^^ ^^^ (.r„„„. ,„ any . ^^^ suit and in '»'. " ^„.-. to the amount ol tne v j^, ,isdiction in <="' ,"f7;;oof of authority '» '^'/^^^ment of a„ case, the ^-"l;„%t person charged; ^^jVy «»P'°^'1 r/errsipi.^ « rxrfU''t^:«^-htd DOMINION LANDS. MIS ON en- fLRS. ritb- 'rson [inioft js or iinber sucb to or [loss oi •eedinR L ^^ ^* t carry at the ring i^- Lent oi there- 1 [17. ^- ^• SEIZURE OF TIMBER ON AFFIDAVIT BEFORE A J. P. Sec. 80. Whenever any Crown timber officer or agent receives satisfactory information, supported by affidavit, made before a justice of the peace or before any other competent of* ficer or person, that any timber has been cut without authority on Dommion Lands, or if any Crown timber officer or agent, from other sources of information or his own knowledge, if aware that any timber has been cut without authority on any such lands, he may seize or cause to be seized, in Her Majesty's name, the timber so reported or known to be cut, wherever it is found, and place the same under proper custody, until the matter is decided by competent authority. 46 V., c 17, s. 61, part. PROVISION IF THE TIMBER HAS BEEN MIXED WITH OTHER TIMBER. Sec. 81. If the timber, reported or known to have been cut without authority, has been made up with other timber into a crib, dam, or raft, or in any other manner has. at any mill or elsewhere, been so mixed up with other timber as to render it impossible or very difficult to dis* tinguish the timber so cut without authority from the other timber, the whole shall be held to have been cut without au- thority and shall be liable to seizure and forfeiture accordingly, unless the holder separates, to the satisfaction of the Crown timber agent, the timber cut without authority from the other. 46 v., c. 17, s. 61, part. IN ABSENCE OF SATISFACTORY EXPLANATION TIMBER MAY BE SEIZED AS CUT WITHOUT AU- THORITY. RECOVERY OF DUES. Sec. 8a. Whenever any Crown timber agent or other officer or agent of the Minis- ter is in doubt as to whether any timber has or has not been cut without authority, or is or is not liable to Crown dues on the whole or any part thereof, he may inquire of the person or persons in possession or in charge of such timber, as to when and where the same was cut; and if no satisfactory ex- planation, on oath or otherwise as he requires, is given to him, he may seize and detain such timber until proof is made to the satisfaction of the Minister or of such Crown timber agent or officer, that such timber was not cut without authority, and it not liable, either in whole or ir) part, to Crown dues of any l^ind; and if such proof is not made within thirty days after 1.^1 ■M ■ - 3i' Mi 1^! i f 2l6 NORTHWEST TERRITORY. such seizure, such timber may be dealt with as timber cut with- out authority, or on which the Crown dues have not been paid, according to the circumstances of the case; and the dues there- on may be recovered as hereinbefore provided. 46 V., c. 17, s. 62. RELEASE OF TIMBER ON SECURITY BEING GIVEN. Sec. 83. If any timber, or any product thereof, is seized under the provisions of this Act by any Crown timber agent or officer, he may allow such timber or product thereof to be removed and disposed of, on receiving sufficient security, by bond or otherwise to his satisfaction, for the full value thereof, or, in his discretion, for payment of double the amount of all dues, penalties and costs incurred or imposed thereon, as the case may be. 46 V., c. x;, s. 63. TIMBER SEIZED TO BE DEEMED CONDEMNED AND FORFEITED IN DEFAULT OF OWNER CLAIM- ING WITHIN ONE MONTH. CONFISCATION AND SALE IN CASE OF DEFAULT TO CONTEST SEIZURE. Sec. 84. All timber seized under this Act on behalf of the Crown, as being forfeited, shall be deemed to be condemned, unless the owner thereof or the person from whom it was seized, within one month from the day of tne seizure, gives notice to the seizing ofificcr or to the Crown timber agent or officer under whose authority the seizure was made, that he intends to contest the seizure; and if, within fifteen days there- after, the claimant has not instituted proceedings before a court of competent jurisdiction to contest the seizure, or, if the decision of the court is against him, or, if the claimant fails duly to prosecute such proceedings, in the opinion of the judge before whom the case is tried (who may for that cause dismiss the suit on the expiration of three months from the date on which it was instituted — anything to the contrary hereinbefore enacted notwithstanding), the timber may be confiscated and may, after thirty d«ys' notice posted up at the place where the same '.s confiscated, be sold, by the order of the Minister, for the benefit of the Crown. MINISTER MAY IMPOSE A FINE INSTEAD OF CONFISCATION IN CERTAIN CASES, &c. SALE IN DEFAULT OF PAYME? T. 2. The Minister may, if he sees cause for so doing, instead of confiscating timber cut without DOMINION LANDS. authority on Dominion lanrf« • * ^'^ may, m his discretion, retain 7»,.?f ^^ P"^"^ auction anrf BURDEN OF PRoni. ^^ * ^o v., c. 17. s. SLIDES, &c. o„T °' """^ «y ri^h. „/„,",* °' '"y Dom'"'"" Land, or „„ • " """■• "O'k prcvionslv 7 *"^ '"''«• d^™. pier Id Iki . 11 1 NORTHWEST TERRITORY. ^^^ c i..»iK^r and saw-logs, tod th. right of «c"> 'hereto, ^ _^^^ ,^ „y^ !^e and keeping them in repar, ^,^ or grMl X rupted ''^r^ade'subse -ttV 'o *« ~— '"°» " of Dominion L»n" «°»°"= _ ^ °„«h work.. 46 v.. c ■'• »■ ^; ""^p LAKES AND ACCESS J#^^o"^^ofA«..r^.J-^^^^^^^^ brz^^^^ Snrtt timC-fro: z Zt obstacle,, are ""'^S'o conlttuoting .Udc, where n^es- 46 v., c. 17. «• ^- POWERS OF THE GOVERNOR XN COUNCIL <- Hh^ ara":«rd r= tUnder. such Und, . existing ngnis «»= Indians. ■, ^,, have been or are reserved for 1 ^yS. (bO Reserve LANDS REQUIRED FOR ^^^^^.^^ j^^ds to such an ^^^^ , settlement, uomim" railways m from general sale ^f J ^ .^ ^^e construaion of railway for the disposal of the l^nds^^ ^^^^ ^^^^^^^ ^^ ^^.^ price r^ch"rA:\;ra«me^^^^^^^ ^„,3,,3 BaJ S'^r four Hundred -^ ^e^tt^Ue thousand ..« Manitoba, and not exceeamg 1 DOMINION LANDS. «9 hundred acres for each mile in the Northwest Territories, in did of the construction of a railway from some point on the Canadian Pacific Railway to Hudson's Bay. ENCOURAGEMENT OF DRAINAGE, &c. (d.) Grant to the promoters of works undertaken with a view of draining and reclaiming swamp lands, for the purpose of encouraging such works, remuneration in the way of grants of the lands so reclaimed, or of such portions thereof as are deemed fair and. reasonable. SCHOOLS OF INSTRUCTION IN AGRICULTURE. (e.) Grant land — not in any case exceeding in extent one sec- tion and one-half section — to any person who will establish and keep in operation thereon, for a term of not less than five years, a school of instruction in practical farming and all mat- ters pertaining thereto, having, during the period, an average attendance of thirty pupils, and otherwise meeting the approval of the Minister. CLAIMS ARISING OUT OF INDIAN TITLE, (f.) Grant lands, in satisfaction of any claims existing in connec- tion with the extinguishment of the Indian title, preferred by half-breed residents in the Northwest Territories, outside of the limits of Manitoba, previous to the fifteenth day of July, one thousand eight hundred and seventy, to such persons, to such extent, and on such terms and conditions as are deemed expedient . CERTAIN CLAIMS TO LANDS OUTSIDE OF MANI- TOBA PRIOR TO FIFTEENTH OF JULY, 1870. (g.) In- vestigate and adjust claims preferred to Dominion lands situ- ate outside of the Province of Manitoba, alleged to have been taken up and settled on previous to the fifteenth day of July, one thousand eight hundred and seventy, and grant to persons satisfactorily establishing undisturbed occupation of any such lands, prior to the said date, and being, by their own residence or that of their servants, tenants or agents, or of those through whom they claim, in actual peaceable possession thereof at the said date, so much land in satisfaction of such claim as is con- sidered fair and reasonable, but not exceeding in any case one quarter-section, unless there has been cultivation of more than |that area. ill I II am 220 NORTHWEST TERRITORY. FOR CARRYING OUT THE PROVISIONS OF THIS ACT. (h.) Make such orders as are deemed necessary, from time to time, to carry out the provisions of this Act according to their true intent, or to meet any cases which arise, and for which no provision is made in this Act; and further make and declare any regulations which are considered necessary to give the provisions in this clause contained full effect; and, from time to time, alter or revoke any order or orders or any regu- lations made in respect of the said provisions, and make others in their stead. PENALTIES FOR VIOLATION, (i.) Impose penalties not exceeding two hundred dollars, or not exceeding three months' imprisonment, for violation of any regulations under this Act. STATEMENT UNDER OATH, (j.) Provided that any statement or return required to be made by such regulations, shall be verified on oath. 46 V., c. 17, s. 81, part; — 47 V., c. 25, s. 6. ROADS IN N. W. T. Sec. 90a. The Lieutenant-Governor and Assembly of the Northwest Territories may with the consent of the Governor in Council, close up any road which has been transferred to the Territories, or vary its direction; and may, subject to any ordinances made in respect thereof, open and establish any new highway in the stead of such road; and the land in any road allowance, public traveled road, or trail so closed may be dealt with as the Governor in Council sees fit. 55-56 V., c. 15, s. 6. IRRIGATION COMPANIES, &c. Sec. 90b. The Gov- ernor in Council may grant to individuals or companies, upon such terms and conditions as appear just, and subject to such regulations as are from time to time made in that behah'. the right to construct through Dominion Lands conduit pipes or canals for irrigation purposes, together with all water powers and privileges necessary therefor. 55-56 V., c. 15, s. 7. SALE OR LEASE OF PUBLIC LANDS. S^c. 90c. The Governor in .Council may authorize the sale or lease of any lands vested in Her Majesty which are not required for public purposes, and for the sale or lease of which there is no othef provision in the law. cect 57-5S S\ GAZ 91. I cii. ir of an cially same J ada Gi before of the part. PUB 5ec. 91a. ^^e oniij made by ^ct reJat fegulatioi validate i f'£ES ernor in ^y the M "ofes, and ^id aij fej •■e venue fri ^^ EVIDJ P'^ns, bool '^'nion Lar ^'' of the l*?*^ Enteric '^''^ or of. V ^"y Dor [-'Northwest DOMINION LANDS. aai "LANDS" DEFINED. 2. The expression "lands" in this cection means real property of any kind, or any interest therein. 57-58 v.. C. 26, 8. 3 SUCH ORDERS MUST BE PUBLISHED IN "CANADA GAZETTE," AND LAID BEFORE PARLIAMENT. Sec Qi. Every order or regulation made by the Governor in Coun- cil, in virtue of the provisions of the next preceding clause, or of any other clause of this Act, shall, unless otherwise spe* cially provided in this Act, have force and effect only after the same has been published for four successive weeks in the "Can- ada Gazette;" and all such orders or regulations shall be laid before both houses of Parliament within the first fifteen days of the session next after the date thereof. 46 V., c. 17, s. 81, part. PUBLICATION OF ORDERS AND REGULATIONS. Sec. 91a. Notwithstanding anything contained in any such Act, the omission to publish any order or regulation heretofore made by the Governor in Council under the provisions of any Act relating to Dominion Lands, or to publish such order or regulation in any prescribed manner, shall not be held to in- validate it or anything done thereunder. 54-35 V., c. 26, s. a. FEES FOR COPIES OF MAPS, &c. Sec. 92. The Gov- ernor in Council may establish a tariff of fees to be charged by the Minister for all copies of maps, township plans, field- notes, and other records, and also for registering assignments; and ail fees received under such tariff shall form part of the revenue from Dominion Lands. 46 V., c. 17, s. 125. GENERAL PROVISIONS. CERTIFIED COPIES OF CERTAIN DOCUMENTS TO BE EV^IDENCE. Sec. 93. Copies of any records, documents, plans, books, or papers, belonging to or deposited in the Do- minion Lands Office, attested under the signature of the Minis- ter of the Interior, or of the Secretary of the Department of the Interior, or of the Surveyor-General, or of any chief clerk or officer authorized thereto, and of plans or documents in any Dominion lands or surveys office in Manitoba or the Northwest Territories, attested under the signature of the Com- i lit • '^^ : I I'iV: 1 aaa NORTHWEST TERRtTORY. i'V missioner of Dominion Lands, the Secretary of the Dominion Lands Board, or other officer in charge of such office, shall be competent evidence in all cases in which the original records, documents, books, plans, or papers would be evidence. 49 V.,. c. 37, s. 2t part. AS TO LITHOGRAPHED COPIES, &c. Sec. 94. Litho- graphed or other copies of maps or plans purporting to be issued or published by the Dominion Lands Office of the De- partment of the Interior, and to have a lithographed or copied signature of the Minister of the Interior or of the Surveyor- General thereto attached, shall be received in all courts and proceedings as prima facie evidence of the originals, and of the contents thereof. 49 V., c. 27, s. a, part. BEFORE WHOM AFFIDAVITS, &c., MAY BE MADE. Sec. 95. All affidavits, oaths, solemn declarations or affirma- tions required to be taken or made under this Act, except as- herein otherwise provided, may be taken before the judge or clerk of any county or circuit court, or any justice of the peace, or any commissioner for taking affidavits, or any notary public, or any Dominion lands agent or officer, or any person spe- cially authorized to take such affidavits by this Act or by the Minister. 46 V., c. 17, s. 83. VERIFICATION OF STATEMENTS ON OATH. Sec 95a. The Minister of the Interior may require any statement in relation to any land to which the said Act applies, to be veri- fied by oath, affirmation, declaration or affidavit, which may be taken or made before any of the officers or persons mentioned in the ninety-fifth clause of the said Act. 50-51 V., c. 31, s. 7. CERTAIN BOARDS AND OFFICERS MAY SUMMON AND EXAMINE PERSONS ON OATH. PUNISHMENT FOR CONTEMPT. Sec. 96. 29 June, 1897. The Dominica Lands Board, or any member thereof, or any person specially authorized to that effect by the Governor in Council, may sum* mon before them or him, any person, by subpoena issued by them or him, examine such person under oath, and compel the production of papers and writings before them or him,— and, if any person duly summoned neglects or refuses to appear at the time and place specified in the subpoena, legally served upon him, or refuses to give evidence or to produce the paper) or writings demanded of him, may, by warrant, under their or his ing, tat I ceed £. TAIJ or sa such Jster, maintj on th< eiiectu; the Cr< FOU ^Pprova. 't necesi tiiis Act, 'orms to PiicabJe J QVal VEVOKs minion ^Pril, one f'^ by ce ^snds in s ''"aiified '^' '' 87. p OFFic Sons Qua]]/ ''^oniinion ^"'^t^yors,'] ^OARi DOMINION LANDS. his hands or hand, caus* .„ u "^' ing. to be taken into cul od" a„d ToT; '^ "**^"^^°« - -fus- est common jail, as for contemn. / ''"Pnsoned in the near- ceedang fourteen days. 46 vT,f ^S^' '°' * '«'« «ot ex ENTRY RECEIPT * ^' ** *^'~49 V.. c 27, s „ TAIN SUITS sei' eIJ"" ""''^ ^^^HT TO MAIN or sale issued by an "^gemT" '^^P' - -«ificatc off^'^f; -;ch entry or sale has Teen revSTr"'"" ^*"^' *^«"' ""^e»» 'ster. entitle the person tn It "^ °'" <=*nceled by the m!« •"aintain actions or suTs L "" '^* *«"»« was granted . \nT^ ^ ^^ <=• "• •• "5 "' °' "'"'• '""" <'-" "PProv., of .he Voven o^^"- cf"' f Th« Minister, „,,J"^ L"Tr^ so .0 do, t:v"a„^T.h;r- "."»"« ""'it tills Act, or to any Act am^„H- °'""*® »" t^e schedule t^ "' '" '"' ">«"" case or das, o7 ^.e? "" VEVOHS. Se^l°~>fo*t'^^«fI' OF DOMINION SUR "■"ion Lands «^.ss ^e':^^!^" ^ " "^^oro^lt Apnl on. ,ho„„„d .i-h' "^^l ^;'°« *« Jouneemh day ot r^ ;r -^-- -x-- :H^s^^^ *' '^' *• 87, part. BOARD to" CONSIST ^o^,^"'''^^^- ONSIST OF SURVEVOR.GENERAr. ' ; i 224 NORTHWEST TERRITORY. : I IM AND EIGHT COLLEAGUES. MEETINGS. Sec. loi. There shall be a Board of Examiners for the examination of candi- dates for commissions as Dominion Land surveyors, or as arti- cled pupils, which shall consist of the Surveyor-General and eight other competent persons appointed, from time to time, by Order in Council; and the meetings of the Board shall com- mence on the second Monday in the months of February and August in each year, and at such other times as the Minister directs, — due notice thereof being given in the "Canada Ga- zette"; and the place of meeting shall be at the city of Ottawa, or such other place as is from time to time fixed by the Min- ister : MEMBERS TO BE SWORN. 2. Every member of the Board shall take an oath of office, according to the form M, in the schedule to this Act, which shall be adminii^tered by a judge of any one of the Superior Courts in any province of Canada, or a judge of the Supreme Court of Canada, and such judge is hereby authorized and required to administer such oath . QUORUM. 3. Three members of the board shall form a ^y has' r ''' ^' 9:, p] DOMINION LANDS. «cal trigonometry as far «» *u "5 Applicam, for such "S^^.P TO SECRETARY ORT»» ". ^.^._^^ ^^^„^,„ . -»' ""' o'dtrXe «tvi» o. both •"7='- J fu'ch evi. r%rv' ^- - •• Z TEKM WITH ANOTHER S^R. COMPLETION OB TERM._^i„„ u«d f-'fpup -^ xTVVOR Sec. 107. 1* *"y . . -- dismissed, ms P"^' . r^7.f Canada, or ^-^^^^^Is a.oresaid. «i* an, oth« 'CS:«''i:«"'»-vt .e -. ^ - •-•XRANSMITTED TO SECRETARV. S- ^* .^^.„ three mon*s^<>'^ the d^ ^^^ and keep the sam ^MISSIONED u the same witn mc i*-^ — VISO: BOARD TO JU PROVINCE. PR ^^^ 0"^"/KcfpROCITY AS TO SUCH ADMISSIO^ ^^ ^, FOR RECTPRU^"^ subsequently *<> *''*„° t„o, was »' .„. Every -»''°j''°Lht hundred «»"i , """"//commUsio". rpril. °« r""Sfi.d by certificate. •»'']»■»»• "h" in ord« becomes '!«'>' *>^"^^;'; province ol Canada, »»* «^»iaes .0 a to survey lands n any P ^^^^^ ^ „ "^Ws Act. and h« to become ^.^-^ f .^ term prescribed by * » Act^ elaus« surveyor. «""'". "i'^in the ™»iects prescnW by ^^^ -"".' lerrrr and on. --^[tctUvt:. shall b. one hundred ana aminers of sucn y jurveyo' Aot. before the board ol ^ Do^.'Tother than «!* entitled to »"«» * com exammat.on otbe' ^^^ -"•°": totf s^sum :? survey oi Dom.-n lands.J ^^^ ^ r^t^t^oard o. E«m.n«y ,„, , such P«> fications required of a su . j DOMINION LANDS. land .urveyo, i, ,,„,.j_ ., ^ '«h comm.„io„ „ d„„,.„ « *" «f Precated the priWI„' J' .k *° ""' ""h Province Dominion land .urveyor, Tn .1 -^ *""'«''• ^X «i»niin, t» KnowledK. of the .urv" y ""^ '°"- ««P' *ith r..p„T ,o , ■ficatea o, con.mi«iion, „ .h° ""='" P"'''°«. diplomas L! """•*'"'■" ••.chprovrn;."«v"cV be, a. .„„.y:;.": SURVEYORS TM ' ••'*?»«. ?Im ^J«^'' CANADA^MAY ni^frT'^ DOMINIONS TAIN CONDITIONS S~ , ^^ ADMITTED ON CEH 'he fatirfacion of .he boartof 1 ^""^ '*'«'» ""o .how. f " 'o;m O. in the schedule to * .^^'"'n'on land surveyor in th^ 828 NORTHWEST TERRITORY. land surveyor (at least six months of which service has been in the field), on producing the affidavit required by the next preceding clause as to such service; but it shall rest with the board to decide whether the course of instruction in such col- lege or university is that required by this clause. 49 V., c. Tfj^ £. 15, part. NOTICE TO SECRETARY.— FEE. Sec. 112. Every person who desires to be examined before the board shall give due no- tice thereof in writing to the secretary at least one month pre- vious t6 the meeting of the board, and shall, with such notice, transmit the fee hereinafter prescribed. 46 V., c. 17, s. 98. EXAMINATION FOR ADMISSION AS SURVEYOR.- IN MATHEMATICS. — IN PRACTICAL ASTRONOMY. Sec. 113. No person shall, unless he is therto entitled under any other clause of this Act, receive a commission from the board authorizing him to practice as a Dominion land surveyor, un- less he has complied with the foregoing provisions of this Act, nor until he has attained the full age of twenty-one years and has passed a satisfactory examination before the board or be- fore a member thereof as hereinbefore provided on the follow- ing subjects, that is to say: plane and solid geometry; spherical trigonometry, so far as it includes solution of triangles; the us**, ■of logarithr's; meast^rement of areas, including their calcula- tion by latitude and departure, and the dividing or laying off land; a knowledge of the elements of practical astronomy, and «ihe solution of the following elementary problems: — (a.) To ascertain the latitude of a place fr^m the observation cf a meridian altitude of the sun or of a star; (b.) To obtain the local time and the azimuth from an ob- served altitude of the sun or a star; (c.) From an observed azimuth cf a circumpolar star, when at its greatest elongation from the meridian, to ascertain the direction of the latter: SURVEYING OPERATIONS AND USE OF INSTRU- MENTS.— SYSTEM OF DOMINION SURVEYS. He shall be practically familiar with surveying operations and capable of intelligently reporting thereon, and be conversant with the keeping of field notes, their plotting and represen'^ation oDi plans of survey, in a style of draughtsmanship satisfactory to the board, the describing of land by metes and bounds for f TIC oath, amin to Xxi^ SU SIOJV^ passes son wi hundre, t^e boi f^'s Ad faction 'housan< ^onditioJ ""^ his oi 0«€ of tl hereby before ti "I, , '' *^e ca °^ a Dor *'^^ction .*• ^nti] effect; . ^- '^he , '^^ 'n the reposes bJ r>OMlNlOj^ LANDS. title, and with the ari- .^ ' ^^0 EXAMINATION aiav ^r, ^^' ^- '^' aminers.-as to hi ^ ^ administered by anv ""^"^i'^^^e <>« i"«.- ' ~"' °' "'"««"«, and a:t.h rV/f'T '"' "I '" *ne form follow- ' f* T (1 1 m'-'t ''''^r-f' wih ' I'R NORTHWEST ^^^^gj „, *'° . „„. and sh»»' '""f , i,* condition A. .ame provisions, an" ^ ^^ oi any « •jeA w lh« «•" 'stains damage oy any I*""- *^° . .„ed in *. offi« »« *' ^^%^ commission sh^t *>' T"t s. ».,-^ V.. c. a,. OF CTUD^- ^°- "l^o"c'P'"""''*„cd alto his knowl- ^f, previously ^7" **'U! may "« ««»■«* ^ ^er branches ^ And twelve of this Ac . ^^^^ to the n 8 ,(otmance trr^ *' *°"°^^*inf h ™ «« ^*t'°:i*» *e':ompetence •< s-rveying. The theory oith^,^i ^^'r'Ui^al astronomy «Wch | .„ "Le delineation ot spn ^, P»et»^f' * mon ot po'»» '" t\ The portion ?' ^;„'„, ,v,e geographic P0"t ^^^ , , .' .o the determination o jo„s ol lines binlolB direct and indirect determination ■ tions of condition and ^, ^„„„ i„>B the »-»"":;, of til. Dominion landsj^ ^^^,.„, ,,a ^1 O-:! T"' *rI.Lin. blocks_ and ,»"* .u^yer.; of ' ^"^ *» ()-■■ ■ ■Tif.p'net s. i8. direct »»« ;.^-^- and the qcv.— - tions of condition and ^^ ^ i„.| the »-»"":;, of til. DO-"'- 't:tX outU-^ ana ^1 l- JS ce ,ce ivc ex- ates; ation plane lUt^n ,'s ig tbe eartWs longi- had to Lts used DOMINION LANDS. 831 |y VVlVlC^ k£ poitvt* ^e same't p\c eci^»'|| 5ab\e a^^" irvey, ^^'} (fc.) The theory and use of the instruments used in connec* tion with the foregoing, and also of the ordinary meteorologii- cal instruments; (I.) Elementary mineralogy and geolog^y, so far as respects a knowledge of the more common characters by which the mineral bodies that enter larc^ly into the composition of rocks are distinguished, with their general properties and conditions of occurrence; the ores of the common metals and the classifi- cation of rocks; and the geology of North America, so far as to be able to give an intelligent outline of the leading geologi- cal features of Canada; (m.) Methods of trigonometrical leveling, of measurement of heights by barometer or by the temperature of boiling water, and the use of the pendulum in determining the compression of ■ •» earth; The instruments and methods used in determining the Tiarnetlc declination, inclination and intensity. 49 V., c. 27, 8. t8. PESIGNATION OF THOSE PASSING SUCH EXAMI- NATION. Sec. 117. Persons who pass the above-mentioned examination in the higher branches of surveying shall receive a certificate to that effect from the board, and shall be designated Dominion topographical surveyors. 46 V., c. 17, s. 103. TARIFF OF FEES. 118. The following fees shall be paid under the provisions of this Act: — (a.) To the secretary of the boaid, by each pupil, on giving notice of hi? ritsire for examination preliminary to being ar- ticled one '1 ■V'^r', (h.) IV ; ? 3t"retary of the board, as the fee due on such examination, ti 1 dollars, and a further sum of two dollars for the certificate; (^) To the secretary of the board, by each pupil, at the time of transmiting to such secretary the indentures or articles of such pupil, two dollars; (d.) To the secretary of the board, by each candidate for \''ither the ordinary or the higher examination for a commis- lon. with his notice thereof, two dollars; (c.) To tL»c secretary of the board, by each applicant obtain- ing a coina -nlcn, as his fee thereon, two dollars; (/.) To iVe secretary of the board, as an admission fee by m m m su-,S 232 NORTHWEST TERRITORY. any candidate receiving a commission, twenty dollars, — but such amount, as also the ten dollars required to be paid under sub-clause (b) of this clause, shall be paid to the Minister of Finance and Receiver-General to the credit of Dominion lands; (if.) To the secretary of the board, by each applicant who obtains a commission as Dominion topographical surveyor, as his fee thereon, two dollars; (h.) To the secretary of the board, for testing a surveyor's standard of length, two dollars. 46 V., c. 17, 8. 104;— 49 V., c. 27, s. 19. ALLOWANCES TO MEMBERS OF THE BOARD. Sec no. Every member of tl '^ 3-d who attends at the meetings thereof, and the secretary a. ery member who holds an ex> amination as provided by clau one hundred and one, shall re- ceive five dollars for each day's sitting, and the actual traveling and living expenses incurred by such member, and consequent upon such attendance — and the Minister shall pay such sums; but no member of the board, if he has to travel more than one hundred miles in order to be present at the meeting, shall re- receive any allowance for ^raveling expenses for attending such meeting, unless such member was previously specially notified to attend the same by the secretary. 49 V., c. 27, s. 20, part. BOARD MAY SUSPEND OR DISMISS NEGLIGENT OR CORRUPT SURVEYOR. Sec. 120. The board may, in its discretion, suspend or dismiss from the practice of his profes- sion, any Dominion land or topographical surveyor whom it finds guilty of gross negligence or corruption in the execution of the dutieo of his office; but the board shall not suspend or dismiss sach surveyor without having previously summoned him to appear in order to be heard in his defense, nor without having heard the evidence offered both in support of the com- plaint and on behalf of such surveyor; and if, after being sum- moned as aforesaid, the surveyor does not appear, the board may appoint a fit and proper person to present the evidence on behalf of the surveyor. 49 V., c. 28, s. 20, part. SURVEYORS TO ADD TO THEIR RETURNS OF SUR- VEY AN AFFIDAVIT OF THE FAITHFUL AND COR- RECT EXECUTION THEREOF. Sec. 121. The Surveyor- General shall require every Dominion land or topographical sur- veyor, in addition to the oath by this Act required to be ad- tali tioi sail law Prov juris been the i a suii such i by su( tuted. SVl NOTE, minion and fieJ, fiie then perform* cerned, . paid fhei words th °' ivords] cents adc hundred ALLol moned tol *'V'ng evil aWowed fif , ^'^ '•easor paid in tl I'nent of r conjniei ""nation DOMINION LANDS. 233, ministered to him on receiving his commission as such, to take and subscribe an oath, or make and subscribe an affirma* tion, on the return of his surveys of Dominion lands, that the same have been faithfully and correctly executed according to law and the instructions of the Surveyor-General; and if it is proved, on satisfactory evidence, before any court of competent jurisdiction, that such surveys, or any part thereof, have not been so executed, the Attorney-General of Canada shall, upon the application of the Surveyor-General, immediately institute a suit upon the bond of such surveyor; and the institution of such suit shall operate as a lien on any property owned or held by such surveyor, or his sureties, at the time the suit is insti- tuted. 46 v., c. 17, s. 107, part. SURVEYORS TO KEEP JOURNALS AND FIELD NOTES AND TO FURNISH COPIES. Sec. 122. Every Do- minion land surveyor shall keep exact and regular journals- and field notes of all his surveys of Dominion lands, and shall file them in the order of time in which the surveys have beea performed, and he shall give copies thereof to all persons con- cerned, when required to do so; and for so doing he shall be paid the sum of one dollar for each copy, if the number of words therein does not exceed four hundred — but if the number of words therein exceeds four hundred, he shall be paid tea cents additional for every hundred words over and above four hundred words. 46 V., c. 17, s. 123. ALLOWANCE TO SURVEYOR FOR ATTENDANCE AS WITNESS. Sec. 123. Every Dominion land surveyor sum- moned to attend any court, civil or criminal, for the purpose of giving evidence in his professional capacity as surveyor, shall be allowed five dollars for each day he so attends, in addition to his reasonable traveling and living expenses, to be taxed and paid in the manner by law provided, with regard to the pay- ment of witnesses attending such court. 46 V., c. 17, s. 124. H ill CHAIN BEARERS. CHAIN BEARER TO BE SWORN. Sec. 124. Every chain [bearer employed in the survey of Dominion lands shall, before I'le commences his chaining or measuring, take an oath or af> ^rmation that he will discharge such duty with exactness, ac> ' ^1 VORTHWEST TERRITORY. ''' . . .h. best o. his iud.n..«t ^^^^^^"^"^''^ rfacc -fo'S. chaining": »--"•.:»*- Po«inio„ Xon. h. h« b«- «PP„°-^r:uch o.th « affi.«at,on. ^ V.. land surveyor may »« .c. 17, s. io8 ^^^________ STANDARD OF ^JA^^^^ ^^^c,„. Dominion land swvc> .^. ^ standard, testea ^'""it:rt"Cn-:t o/i«-a f-u. .ba«^b^„. " ^r/ to him by the secretary of the ,^^^ "I .lee of eight dollars therefor- and jU u ^^^.^^_ ^^ „ : y^orfshtll. front time -''-iranr other i.«tr-e^^^^^ .tandard, the length "' ""^^^^.^a measure shall be ret measuring-, and ^^'^^J^ ,, often as it reqmres to ♦o the secretary of the bo STANDARD. •«""J«^iTY OF SURVEYOR WlTHOm ^.^^_,„, PENALTY or .:> performmg his o" ^^j s r;:Xsr or r — t^5^;.r^^^^^ tTp-iol re«eeang%«lve months. . V.. c. . OF LOST ZZ^S AND OBLITERATED RENEWAL OF LOSl ^^^^^ „enf, but i'/^/^'^nrted a. follows:- «o ascertamcd. he «»»»" i* . ' every idiary ,e iur- id sur- ,y SUCU jnts tor returned ,e tested DOMINION LANDS. ass (a.) If the lost comer mound, post or monument is that of a township comer, he shall report the circumstances of the case to the Surveyor-Gcneral, who shall instruct him how to proceed ; (h.) If the lost corner mouiid, post or monument is on one of the outlines of a township, he shall join, by a straight line, ^^ es- SUBDIVISION. Sc^*'^^^ , X)ominion land su vey ^^^ ^^^^^ divisions, it « n«<^««^f^ between two sections, n ^^^ the next P'^f ^^^^^ equal breadth. , ^ haH- section or a quarter ^^^es. . « out other and ter-section PO^J^^vlsiONS. 3- I- \^^^"/,ery such subdi^' OTHER SUBDI\ 1^^ i g^^e to ^^^^^ \.^, breadth. „.inor legal subdjvj^^^^^^^^^ ^^ ^'^"^'^^f/by aSght line. sion its P'«P°J**°^^lui«g terminal P^^^^^ ^S 4- The line* Ind connect t^-;^'^^?^^ ^^ -^KUE LlMlTS.^^^ ^^^^^ LINES ^*^^^^\„ the ground m *»« ""__ ^ines or l^*' «" «"'".•?, TX. «>*««'« =""• 'th*' eg" -bdWisio.. *.- DOMINION LANDS. m to es- eftect ectinft uartet- :e ler an* breadth' ,;he li»«* bove pte- Ss or ^itn- ibdivisiott' whether the same correspond or do not correspond with the area expressed in the respective patents for such lands. 46 V., C. I7t s. zix. DIVISION LINES IN FRACTIONAL SECTIONS. DIVIDING LINES TO BE DRAWN FROM ORIGINAL CORNERS. Sec. 128. The dividing lines or limits between legal subdivisions, in fractional sections, shall be drawn from the original corners (or the points representing such corners, as defined on the ground, in accordance with the provisions of this Act), in the section line intended as the front of the lot. NORTHERLY AND SOUTHERLY LINES. 2. North- erly or southerly lines shall be drawn due north or due south. EASTERLY AND WESTERLY LINES. 3. Easterly or westerly lines shall be drawn at angle with the meridian equal to the mean of the angles formed with the same meridian by the lines which are the northern and the southern boundaries respectively of the section. 46 V., c. 17, s. zia. ORIGINAL BOUNDARY LINES. BOUNDARIES UNDER THIS ACT ARE TO BE DEEMED THE TRUE ONES. Sec. 129. AH boundary lines of townships, sections or legal subdivisions, towns or vil- lages, and all boundary lines of blocks, gores, and com- mons, all section lines and governing points, all limits of lots surveyed, as defined by mounds, posts or monuments, erected, placed or planted at the angles of any townships, towns, vil- lages, sections or other legal subdivisions, blocks, gores, com- mons and lots or parcels of land under the authority of this Act or of the Governor in Council, shall, subject to the provi- sions hereinafter in this clause contained, be the true and un- alterable boundaries of such townships, towns and villages, sec- tions or other legal subdivisions, blocks, gores, commons and lots or parcels of land, respectively, whether the same, upon admeasurement, are or are not found to contain the exact area or dimensions mentioned or expressed in any patent, grant or I other instrument in respect of any such township, town, vil- lage, section or other legal subdivision, block, gore, common, [lot or parcel of land. lif'l li i;i I'l « »3S NORTHWEST TERRITORY. TOWNSHIP SURVEY MAY BE CANCELED, a. Whenever the Minister of the Interior has reason to believe that any gross irregularity or error has been made in the sur- vey of any township surveyed under the authority of this Act» the Governor in Council, upon the recommendation of the Minister of the Interior, may direct that such survey shall be canceled and a new survey made, and the said new survey shall be made accordingly. BOUNDARY MARKS IN SUCH CASE. 3. In effecting any new survey as provided by the precedin$f sub-clause, all posts, mounds or other marks placed to mark the original sur- vey which is to be^ corrected, may be removed, and the new posts, mounds or other marks placed to mark and define the new survey shall become the original marks of such survey. AMENDMENT OF PLANS. 4. The plan of any survey performed under the provisions of this Act, and of record in the Department of the Interior, or any tracing or lithographed copy of the same, may be altered and amended .so as to show any and all alterations made by a new survey effected as pro- vided by this Act. 5a V., c. 27, s. 7. TOWNSHIP AND OTHER LEGAL SUB-DIVISIONS TO COMPRISE ALL THE SPACE WITHIN THEIR BOUNDARIES. Sec. 130. Every township, section or other legal subdivision, town, village, block, gore, common, lot or parcel of land, shall consist of the whole width included be- tween the several mounds, posts, monuments or boundaries, respectively, so erected, marked, placed or planted a^ aforesaid, at the several angles thereof, and no more or less— any quan- tity or measure expressed in the original grsttit or patent there- of notwithstanding. 46 V., c. 17, s. 114. AS TO ALIQUOT PARTS OF TOWNSHIPS, &c.-Sec. 131. Every patent, grant or instrument purporting to be for any ^aliquot part of any section, or other legal subdivision, block, gore, common, lot or parcel of land, shall be construed to be a grant of such aliquot part of the quantity the same con- tains on the ground, whether such quantity is more or less than that expressed in such patent, grant or instrument. 46 ^^" c. 17, s. 115. ROAD ALLOWANCES IN TOWNS, &c., TO BE PUB- LIC HIGHWAYS. Sec. 132. In every town and village in SUR OATH. ihat cap, aii matte «' i^omi *^certainj tion or < amines ij, How MAY Bd surveyor i '"y townsi '0 survey »nit. or 0/ ^^^ true PC *''«on doe* '"'^eyor, oi , P^^« or doci r'' tecu« r ^y an if DOMINION LANDS. Manitoba or the Northw#.«f t • '^9- f« .h. p"vi«.„, :rxicf sr.r' """^•^ •"<» ^'o »«. u„. '■"• '»' »■• common. laid out ■'.?'""' '■"• "^ «>.d, sir^ tru^ a«^ , ^*°' street, Jane lof «- »*•»»«« or define any true and unalterable boundar,V« / , °' common, shall be fh. common; and all r. """""^^^''^s of such road, street u , °* f rx": -i s ?"■■ -ti rx= HOW SURVEYOR«5 Qr!.! 1 ^'^ *'• '7» «• "7- urvey, .„d ha, «aso„ "b^^t. ht *""=* ">' " «»>P'<'yed J40 NORTHWEST TERRITORY. ', justice of the peace, of the facts on which the application is founded; and such justice may issue a subpoena accordingly, commanding such person to appear before the surveyor at a time and place mentioned in the subpoena, and, if the case re- <«id, of th, rV ' provisions 0/ this aZ "" ""y original Other mound i f *^ "^^^'^^y* defaces alter, '''^'^ P*"^" 0- at £f -"^^^^^^ ^ri -.^~>«-; a- tJiree montho 'mprisonment for « f- ^''^^^^nff one r« necessary, after wl,ich ,h.. 1„ "*" boundary marks f""'^ were b.,o„. ^ vTd'l;! j:\t_ ^X""' '^•"»« "- 342 NORTHWEST TERRITORY. SCHEDULE. FORM A. ^°: «*ovtt:STFAD ENTRY. APPLICATION FOR A HOMES^^^l-^^^^^^ 7 , of , ^ oi clause 38 ^^ ^^] t, i.«tead entry, under sub-clause quarter-section 0! boroestead entry. ^^^ ^^^ q township, in Dominion Lands acv, ^^ ^,^^ ^^ section number ' of the the '*"^* District. '^^^**'- x8 . , , by O. in C. of 29th ,5 v., c. .7. sch. form A. as amended by March, 1888. . M.im for homestead entry by a AFFIDAVIT in support of <^\^^^ '^^^^ homestead entry. ifr «- .« no. P«v-.,„°-x --ro.tr-- , l' -vet eighteen ye«s of age; that » t ^pp,i„,ion U m.d. « »' **/^; person ««<»»T 'f .hTs appUdio- '"''^tieranrS.P'ovemen.s thereon, and^*^^^^^^^^ sons whomsoever; and t j ;„„ ,ands. j , entryforabomeste'd™^,^;. d,y „I cbKribed and tworn to. before me. (Signature.) Local Agent. DOMINION LANDS. a43 that I am over eighteen years of age; that to the best of my knowledpre and belief the land in respect of which my applica- lion is made is of the class open for homestead and pre-emp- tion entry; that I became resident upon and began to cultivate the said land on the day of i8 , before the same was surveyed; that I have resided upon and cultivated the said land continuously ever since ; that there is to other person residing or having improvements upon it, and >hat this application is made for my exclusive use and benefit, with the intention of residing upon and cultivating the siiid land, and not directly or indirectly for the use or benefit of any other person or persons whomsoever; and that I have not heretofore obtained an entry for a homestead on Dominion lands. Subscribed and sworn to, this day of i8 , before me. (Signature.) Local Agent. 46 Vic, c. 17, sch, form B. I i» FORM C. AFFIDAVIT in support of claim for homestead entry by a person who has not previously settled on the land. I, A. B., do solemnly swear (or affirm, as the case may be) that I am over eighteen years of age; that to the best of my knowledse and belief the land in respect of which my applica- tion is made of the class open for homestead and pre-emp' tion entry; that there is no person residing on the said land, nor are thsre any improvements thereon, and that this applica- tion is made for my exclusive use and benefit, with the i: 'sn- tion of residing upon and cultivating the said land, and not directly or indirectly for the use or benefit of any other '/erson tor persons whomsoever; and that I have not heretofore ob- [tained an entry for a homestead on Dominion lands. Subscribed and sworn to, this day of 18 , iMore me (Signature.) Local Agent. 46 ^'., c. >7, sch. form C. i- > r i til m iH «44 NORTHWEST TERRITORY. FORM D. AFFIDAVIT in support of a claim for homestead entry by a person who has previously obtained and has forfeited, his homestead entry, but is permitted by the Minister of the In- terior to obtain another homestead entry. I, A. 6., do solemnly swear (or affirm, as the case may be) that I am over eighteen years of age; that to the best of my knowledge and belief the land in respect of which my applica- tion is made is of the class open for homestead and pre-emp- tion entry; that there is no person residing on the said land, nor are there any improvements thereon; that I obtained home- stead entry on the day of i8 , for the quarter-section township range of the meridian, but forfeited the same; that by order of the Minister of the Interior, which I now produce, I have been permitted to make application for and receive another homestead entry, and that this application is made for my exclusive use and beneBt, with the intention of residing upon and cultivating the land applied for, and not directly or indirectly for the use or benefit of any other person or persons whomsoever. Subscribed and sworn to, this day of i8 , before me. (Signature.) Local Agent. 46 v., c. 17, sch. form D. FORM D I. AFFIDAVIT in support of a claim for homestead entry by a 1 person who has previously obtained a recommendation for] patent for a homestead, after three years' residence and cul- tivation I, A. B., do solemnly swear (or afHrm, as the case may bejl that I am over eighteen years of age; that to the best of njl knowledge and belief the land in respect of which my applica-l tion is made is of the class open for homestead entry; tbatj there is no person residing upon the said land, nor are theftj any improvements thereon; that this application is made for| my exclusive right and benefit, with the intention of residifl upon and cultivating the said land, and not directly or indir person years' 1 mendati charged , J. A. B l^'i I am *iowIedjfe ^;°" 's ma ^''^'•e is no ^"y impro, '"y exclusi "Pon the s , ^^'^ this an ^. Z : '"^ other pj [range ' bestead fJ ""niendaf DOMINION LANDS. S4S ly, for the use or benefit of any other person or persons whom- soever; that I obtained entry for the quarter-section of section , township , range , of the meridian as a homestead, on the day of i8 , bemR the only homestead for which I have received a patent or certificate of recommendation for patent, that I resided upon and cultivated the same for three years, and that I, had earned title to my said homestead on or before the second day of June, 1889, certificate of which fact, signed by the proper Agent of Dominion lands and countersigned by the Commis- sioner of Dominion lands, I now produce. Subscribed and sworn to, this day of 18 , before me. (Signature.) Local Agent. Form D i— Vide O. C. 5th July, 1890, and O. C. 2sth July, 1895- FORM D a. AFFIDAVIT in support of a claim for a homestead entry by a person who has earned title to a homestead, after tbree years' residence and cultivation, but cannot obtain a recom- mendation for patent until the lien on his homeste-^ ' is di*« charged. I, A. B., do solemnly swear (or afHrm, as the case may h**! that I am over eighteen years of age; that to the best of my knowledge and belief the land in respect of which my applica- tion is made is of the class open for homestead entry; that there is no person residing upon the said land, nor are there any improvements thereon; that this application is made for my exclusive use and benefit, with the intention of residing upon the said land, nor are there any improvements thereon; that this application is made for my exclusive use and benefit, with the intention of residing upon and- cultivating the said land, and not, directly or indirectly, for the use and benefit of I any other person or persons whomsoever; that i obtained entry jfor the quarter-section of section , township ^ [range of the meridian as a homestead, on the day of I 18 , being the only jhomestead for which I have received a patent or certificate of jrecommendation for patent, that I resided upon and cultivated t^V fii I i' NORTHWEST TERRITORY. the ame lor thr« J^'- '"Second day ot Jon.. •«». » I'm hom«t«d o« « "do . *c «c^^ ^^^ commissioner o. Subscribed and sworn to. this before me. (Signature.) ror. D ^.-Vidfa C. St. July. .8.. and C C astb July. xS,, FORM D 3- r .laim for homestead entry, by a AFFIDAVIT in support of a da^^ *°^ ^ homestead by pur- . Jt' I am over eighteen years o^ ase. *»* ^^ich my appUca- ZXZ -^.•'tyrJat ^pen rVomestead en»r. tha tion is made is of the class oy ^^, „j ,here any "'« is no P-- ::» ■ that"l' obUined homestead entry on Ir'^-'^Cr '3 o-he^ ! .. :Vctionoi section ^^^^^ •' meHd- ^^^^r, .,«r twewe -nth'' ^^enc^ ^Xt^h^ -in^[^n->; nf "The Dommion Ldiids ^'^ . , patent or certificate « homestead for -f \\,^^r anTthat Js application - - recommendation for P^^f ^' JJ^^^ with the intention of res dmg Jor my exclusive use and ^^-f^^^ ,,,, ^nd not. direcly o «pon and f twa^^^^;^^ iTefit ot any other person or person indirectly, for the use o ^^ ^ whomsoever. . • day oi Subscribed and sworn to, this before me. (Signature.) .crm r:-Vro. C. Sth Jn.y. .^. - O. C .h .. 1895. i8 DOMINION LANDS. FORM E. 247 I certify that I have received from the sum of ten dollars, being the office fee for homestead entry, (or pre-emption entry in connection with homestead entry, as the case may be), for (describe the land) and that the said is, in consequence of such entry and payment, vested with the rights conferred in such cases by the provisions of "The Dominion Lands Act," respecting homestead rights. Local Agent. (Place— Date.) 46 v., c. 17, sch. form F. July. FORM F. No.... APPLICATION FOR A HOMESTEAD ENTRY BY AN AGENT. I, , do hereby apply on behalf of of the of in the County of for a homestead entry, under the provisions of sub-clause of clause 38 ot "The Dominion Lands Act," for the quarter section of section number of the township, in the range west of meridian. District, 18 . (Signature.) 46 y., c. 17, sch. form G, as amended by O. in C. of sth June, 1890. FORM G. AFFIDAVIT by an agent in support of a claim for home- stead entry on behalf of a person who has bona fide settled and made improvements upon land in advance of survey. h A. B., do solemnly swear (or affirm, as the case may be) r^^^ • for whom I am acting herein as agent, is lover eighteen years of age; that to the best of my knowledge M belief the land in respect of which the application is made p of the class open for homestead and pre-emption entry; m \\ m 24$ NORTHWEST TERRITORY. that the said became resident upon and began to cul> tivate the said land on the day of , i8 » before the same was surveyed; that he has resided upon and cultivated the said land in conformity with the requirements of the homestead provisions of the Dominion lands law ever since; that there is no other person residing on, or claiming* or having improvements upon it, and that this application is made for his exclusive use and benefit, with the intention of his residing upon and cultivating the said land, and not direct- ly or indirectly for the use or benefit of any other person or persons whomsoever: and that he has not heretofore obtained an entry for a homestead on Dominion lands. Subscribed and sworn to, this day of x8 , before mc. (Signature.) Local Agent. 46 v., c. ly, sch. form H. I,,,'. FORM H. 9 AFFIDAVIT by an agent in support of claim for homestead entry on behalf of a person who has not previously settled on the land. I, A. B., do solemnly swear (or affirm, as the case may be) that of , for whom I am acting herein as agent, is over eighteen years of age; that to the best of my knowledge and belief the land in respect of which the application is made is of the class open for homestead and pre- emption entry; that there is no person residing upon the said land, nor are there are any improvements thereon, and that the application is made for the exclusive use and benefit of the said with the intention of his residing upon and cultivating the said land, and not directly or indi* rectly for the use or benefit of any other person or persons whomsoever; and that he has not heretofore obtained an entry for a homestead on Dominion lands. Subscribed an sworn to, this day of 18 , before me. I,.ocal Agent. 46 v., c. 17, sch. form J. day of (Signature.) DOMINION LANDS. 24^r FORM J. AFFIDAV^IT by an agent in support of a claim for homestead entry on behalf of a person who has previously obtained and has forfeited his homestead entry, but is permitted by the Minister of the Interior to obtain another homestead entry. I, A. B., do solemnly swear (or affirm, as the case may be) that , for whom I am acting herein as agent. i» over eighteen years of age; that to the best of my knowledge and belief the land in respect of \vhich application is made is of the class open for homestead and pre-emption entry; that there is no person residing on the said land, nor are there any improvements thereon; that he obtained homestead entry on the day of x8 , for the quarter-section of section , township ,. range , of the meridian, but for- feited the same; that by an order of the Minister of the Inte> rior, which I now produce, he has been permitted to make ap- plication for and receive another homestead entry, and that this application is made for his exclusive use and benefit, with the intention of his residing upon and cultivating the land ap* plied for, and not disectly or indirectly for the use or benefit oi any other person or persons whomsoever. Subscribed and sworn to, this day of i8 .. before me. (Signature.) Local Agent. 46 v., c. 17, sch. form K. * FORM J 2. AFFIDAVIT by an agent In support of a claim for homestead entry on behalf of a person who has previously obtained a. recommendation for patent for a homestead after three years' ' residence and cultivation. I, , do solemnly that ». for whom I am acting herein as agent, is over eighteen years of age; that to the best of my knowledge and belief the landi in respect of which the application is made is of the class openr for homestead entry; that there is no person residing upon and cultivating the said land, nor are there any improvements 'II taso NORTHWEST TERRITORY. thereon; that the application is made for the exclusive use and benefit of the said with the in* tention of his residing upon and cultivating the said land, and not directly or indirectly for the use or benefit of any other person or persons whomsoever; that the said ob* tained entry for the quarter-section of section , township , range , ^f the meridian, as homestead on the day of , i8 , being the only home* «tead for which he has received a patent or certificate for rec* •ommendation for patent, that he resided upon and cultivated the same for three years, and that his said homestead has been recommended for patent, certificate of which fact, signed by the proper agent for Dominion lands, and countersigned by the Commissioner of Dominion lands, I now produce. Subscribed and sworn to, this day of i8 . before me. (Signature.) Local Agent. Form J 2.— Vide O. C. 2Sth July, 1895. ce; a^-- FORM K. I certify that , who is the holder of a homestead entry (or homestead and pre-emption entry, as the case may be) for (describe the land), has complied with the provisions of the law required to be conformed to in order to entitle him to receive a patent for such land, and that I have recommended the issue of such patent. Local Agent. (Place— Date.) Countersigned : Commissioner of Dominion Lands, or Member of the Dominion Lands Board. 46 v., c. 17, sch. form M. FORM K I, No... This certificate is not valid unless countersigned by the Commissioner of Dominion Lands, or a member of the Dom- ion Lands Board. T entry a pre sectioi >n ful: hereby plied \ to, in «mptioi ent. C< sued on *«rsifirne( Count this ^ommisj Form! I» the holdin;^ °^ sectiot meridian, ''"ve recei] ^n years from the day of x8 » as follows; — NORTHWEST TERRITORY. '^ . day of ,i.h int«..t thereon from .he ^^^ ■"X'^J^.h' .8 ..t the rate oi ^^^ J ,„ each ye«. th S;,*;sta«ntent .hereof ««> become ^u. -/^.^^y .or such *- "' „ I hereby create a f-rsi -rt.a.e -d cha^e up<>n the 'T;:^mest«T according to the prov.s.ons o. rayti:%rtrtr:i';f--^--_^_ -j;:- .Une., «hereo. the parties h«e.o^ ha« ""^X:^^^^"'' '" ^'""" °' CL. S.> . STATEME"i^^^XPENSES. For cost of passage ao sitbsistence j« entry fee do CM"/ do horses and cattle •••• do l^o«««^ furmture do farm implements do seed grain.. ..^ -\ Interest °^ ^ ^ , ' r S2 v.. c. -z;. s. 8, form L. FORM M. ,,rxTTrpc; OATH or MEMBER OE BOM^^ O^ B-MXNER.^^ T A. B.. do solemnly »«"' ^°; *tof an examiner of can- J I^„m faithfully dUf «f *Vtr„ tnd or topographic^ didates for com-mss.o^s as U ^^^^^^ ^„„„„„ „, par surveyors accordmg to law. .iality. So help me God. 46 v.. c. 17. sch. form N. * DOMINION LANDS. »$3 FORM N. ARTICLES OI'' PUPIL TO DOMINION LAND SUR- VEYOR. day of between A. B., of These Articles of Agreement, made the (one thousand eight hundred and of Dominion land surveyor, of the one part, and C. D., of and E. F., son of the said C. D., of the other part, witness: — That the said E. F., of his own free will, and by and with the consent and approbation of the said C. D., doth, by these presents, place and bind himself pupil to the said A. B., to serve him as such from the day of the date hereof, for and during and until the full end and term of three years from hence next ensuing, and fully to be completed and ended. And the said C. D. doth hereby, for himself, his heirs, ex- ecutors and administrators, covenant with the said A. B., his executors, administrators and assigns, that the said E. F. shall well and faithfully, and diligently, according to the best and utmost of his power, serve the said A. B. as his pupil in the practice or profession of a Dominion land surveyor, which he, the said A. B.* now foUoweth, and shall abide and continue with him from the day of the date hereof, for and during and unto the full end of the said term of three years. And that he. the said E. F., shall not, at any time during such term, cancel, obliterate, injure, spoil, destroy, waste, em- bezzle, spend or make away with any of the books, papers, writings, documents, maps, plans, drawings, field notes, moneys, chattels or other property of the said A. B., his ex- ecutors, administrators or assigns, or of any of his employers; and that in case the said E. F. shall act contrary to the last mentioned covenant, or if the said A. B., his executors, adminis- trators or assigns, shall sustain or suffer any loss or damage by the misbehavior, neglect * or improper conduct of the said £. F., the said C. D., his heirs, executors, or administrators, will indemnify the said A. B., his executors, administrators or •assigns, and make good and reimburse him or them the amount or value thereof. And further, that the said E. F. shall, at all times, keep the secrets of the said A. 6., in all matters relating to the NORTHWEST TERRITORY. ... _* «1 m ^"^^ . ill at alt times during .he ..ia ««"»• VjrUT from time to t.me pay J^' ,^, B„,t.r. and *•»»•• •"°', „, belonging to »','"' °" ^„d fair which he shall ««"* °V° and make and gw. true an „id A. B '7. f>%^.T :nd doing, whatsoever mjhe ^^ •""""'s' 1 irdeason. without <»"^..<"„*f i'uwU'.y and Tr.. he shall thereto be reou-red. and ^^^^^^^^ often as "^ ^vecute his lawiui • service cheerfully obey and «ecu ^j^^^_^, ^j^,., "°u 'lid term. ^„ds. and shall "» <1^»^'. ,, .„y '""'/"T.hal! from time ::.tC^-enrLth.d^«aou.n..^;t ^^^^1?£ ='^rH«tr an "JLi'^A.-b! at ^ tim« .or -thC"«-Ur in the man- faithful pupil ought to do. ^^^^^ r^'L^L and delivery of «*««/«""' VrhimseU, his heirs. *\! "byUno^ledged). the ^a'd ^ B. «o^ ^.^^ ,^^ ^^^a C. 'cal.. and to the -t-;'^ ^ J^^^ t d instructed. *» -ME. J^ with all the '^^^^^Xminrthc business of the said A^ ^^ transacting or P«'^^'.«^"'f„'^r t^e said term, make the atna Sso will, at the exP-ti- ^^^^^^^^^ ^^^,^^, '^"^'rentavot. of service recimred by^ sect ^.^ ^^^^ ^^^^^ 3^ ende Dominion Lands Act. ana DOMINION LANDS. »5S at the request, cost and charges of the said C. D. and £. F., or either of them, to cause and procure him, the laid £. F., to be examined before the Board of Examiners of candidates for commissions as Dominion land surveyors: Provided the said £. F. shall have well, faithfully and dili^irently served his said intended pupilage. And for the true performance of all and every the cove> nants and agreements aforesaid, according to the true intent and meaning thereof, each of them, the said A. B. and C. D<, doth bind himself, his heirs, executors, administrators, unto the other, his heirs, executors, administrators and assigns, in the penal sum of five hundred dollars, firmly by these presents: In witness thereof, the parties aforesaid have hereunto set their hands and seals, the day and year first above written. A. B. (Seal.) C. D. (Seal.) E. F. (Seal.) Signed, sealed and delivered, in the presence of G. H., J. H. 46 v., c. 17, sch. form O. FORM O. AFFIDAVIT BY THE SURVEYOR. I, A. B., of , Dominion land surveyor, do solemnly swear that E. F. has served regularly and faithfully &» my pupil from the day of , 18 , to the day of 18 . That he has been en> Eaged with me in the field on the following surveys, that i» to say: From the day of to the day of , on the survey of at From the day of to the day of , on the survey of at , and that the said E. F. has always conducted himself with all due diligence, honesty and sobriety on the said serv' ice. Sworn before me i f'i »■■' mi ■f 1 5 1;^ 49 v., c. 27, s. 2j, part. r:.^^ m ■^$6 NORTHWEST TERRITORY. m' FORM P. AFFIDAVIT BY THE PJPIL. I, E. F., of , do solemnly swear that I have -attained the full &ge of twenty-one years; that I have served regularly and faithfully with A. B., Dominion land surveyor, •as his pupil, from the day of x8 , to the day of i8 , that I have been en- -gaged with him in the field bet'v;een the following dates on the •following surveys, that is to say: From the day of to the day of on the survey of at From the day of tc the day of >on the survey of at Sworn before me 49 v., c. 2Y, s. 22, part. FORM Q. COMMISSION AS DOMINION LAND SURVEYOR. This is to certify to all whom it may concern, that A. B., of , hath duly passed his examination before the 3oard of Examiners, and hath been found duly qualified to rd, have signed this commission, at on ^his day of one thousand eight 4iundred and • C. D. Surveyor-General. E. F. Secretary. .46 v., c. 17, sch. Form P. Domi estab] west ' to pay assigns of ^8 , ai the 'nstaJJm, of "ndertaJc tain entr danced t( fight pe: amendmej that I ar at any tit Jn witJ ^''esents i] ^'gned,] DOMINION LANDS. FORM R. «57 ACKNOWLEDGMENT AND CHARGE. I, the undersigned hereby acknowledge to have received the sum of dollars from as an advance under the provision of "The Dominion Lands Act," and amendments thereto, in aid of my establishment upon a homestead in Manitoba or the North- west Territories of Canada, which sum of money I undertake to pay to the said . his representativss or assigns in years from the day of i8 , as follows: — with interest thereon from the day of 1 8 , at the rate of per cent per annum payable on the day of , in each year; the first installment whereof will become due on the day of i8 , and as security for such payments I hereby undertake and agree that the homestead for which I shall ob- tain entry shall be charged with the said sum of money ad- vanced to me, with interest thereon at a rate not exceeding eight per cent per annum, according to the said Act and amendments thereto. I create the said charge upon condition that I am to have the privilege of paying off the said advance at any time prior to the expiration of the said years. In witness whereof, the^parties hereto have executed these presents in triplicate, this day of i8 . Signed, sealed and delivered in presence of I (L. S.) 52 \'., c. 27, sch. 9, form R. 17 I'll 1^ r, !■ DOMINION LANDS. 60-61 VICTORIA. Chapter 29- r. /.MEND THE DOMINION ,H ACT ''-"-J.VaCT (As,«t.d .0 «th June. .897-) J ;o^ and consent oi tne Act" means T^ne 1^"" Revised S«*»«"„ FGOR AMENDED. S«^ - ,., second Une thereof the wor ,^ *Vr.TE "U'k-^bJ^^H. ^ AMEN.B. sec. ^3- ^^S^ CLAUSt. 1^^ ihirty-eight ot the saiu ^^ clause four of clause ^^'''x the words therein a^^er the w pr^'seT'the'Mi""'"-;' „_ AMENDED. S«. 4- Cla»« f„rt Aotn. -•'-trENTKV ;v SETTLEK OK HIS (258) DOMINION LANDS. 259 to obtaining patent may be satisfied, in the case of the parent, by residence upon his first homestead, and, in the case of a son, by residence upon the parent's homestead. CONDITIONS ON WHICH PATENT MAY BE OB- TAINED. "10. Notwithstanding anything contained in this Act, any person claiming a patent for land for which he has made entry as a homestead, or as a pre-emption, shall be en- titled to obtain such patent upon proving to the satisfaction of the Minister, or of the Commissioifcr of Dominion Lands, or of the Dominion Lands Board, — RESIDENCE, "(a.) That he has fulfilled three years' resi- dence upon the land which is the subject of his entry, if the land is a homest^d, and upon his homestead if the land is pre-emption, in accordance with the provisions as to three years' residence upon a homestead which are contained and ex- plained in this Act; CULTIVATION, "(b.) That in each of such years he has cultivated not less than one acre of such land, and that at the date of his application the whole area so cultivated has been substantially fenced; CATTLE, "(c.) That he has at least forty head of cattle upon such land; BUILDINGS, "(d.) That he has erected on such land, or upon land occupied by him in the vicinity, stables and out- houses suiKcient to winter at least forty head of cattle." CLAUSE FORTY-TWO REPEALED. Sec. 5. Clause forty-two of the said Act is hereby repealed, and the following substituted therefor: — ASSIGNMENTS BEFORE ISSUE OF PATENT TO BE VOID. FORFEITURE. PROVISO: IN CASE OF REC- OMMENDATION FOR PATENT BY LOCAL AGENT. "42. Unless the Minister otherwise declares, every assign- ment or transfer of homestead or pre-emption right, or any part thereof, and every agreement to assign or transfer any homestead or pre-emption right, or any part thereof, after patent obtained, made or entered into before the issue of the patent, shall be null and void; and, unless the Minister other- wise declaras, the person so assigning or transferring, or mak- ing an agreement to assign or transfer, shall forfeit his home- I 'i!l ■4 ?* i ."'1 7. . "J I' J, ! 1 *■ { K-- till I'l!;^' 1" 6*' NORTHWEST TERRITORV. - « *■ K«» ne ^°^™""^=Vh« not be permuted ton.au. . ,„d pre-emption right. -"^ 'f ;^"°?pe»on «hose home- '"., homestead entry. P"^'*'?* have been recommended another nomesteau pre-emption have , , such ^'"^ Tnt'C* t«?Vent. and ^J^^ ^J^Tt the sched- (or patent By '""^ effect, in the lorro , pomin- agent a certificate " *»' '^,4 by the Commissioner of^ n"fu lis so countersigned." clause «ty o. .he r .,r^c "« When so author- *°';-;,SE OF GRAZING LANDS f^„„,,„pied Domin- jrt^Governor-Cour...^^^^^^^^^ ion Lands may "e gtant ^^^^ ^^ years, for such ^^^ =■•- 'r ?ri;tr.sr.". -tin, .» - forth in regu TjTTTVTi Mc- ernor in Council. ^ __^ t,^ hON. PETEK ivi^ «""''" rtcHOOI. LANDS -O «°V^^^PI-a''cB SALE OF SCHOOl. j^^jjDS TO K ^^ LAREN. rROVISO^ 0^__^.^^ ^^n^^'incUmay t"«h°"« THEM. Sec. 7- Notw ^ „or in Council may in any Act »•«"<'•"« ''l^fas are thought P"}'"' '° ^^at is .0 *vt«rMcL"o? the .o,w- :f ::it't:;ion o. .- tX -tfo,r«on eUnTn township nine and -- northwest -«f °\^'^ („„rth meridian. i« he pro^ ^ twenty-six. «est °^"" „ boundary of the saKl ^^_^^ ttict of Alberta, the sou ^^^^ ,,„,. Proviaeu ^^^ l„es of land 'o,"'/ j« '^'.^.i, the Minister, by nott« ^, ,,. "W DOMINION LANDS. 261 cil may authorize the sale to any former lessee of a grazing ranch in the Northwest Territories, whose lease was, with other similar leases, determined pursuant to the provision of an Or- der in Council of the twelfth day of October, one thousand eight hundred and ninety-two, and who was thereby given, among other privileges, permission to purchase not in excess of ten per cent of his leasehold at the rate of two dollars per acre (which rate was subsequently reduced to one dollar and twenty-five cents by an Order in Council of the twenty-second day of April, one thousand eight hundred and ninety-three) as part of such ten per cent of his leasehold, of any school lands comprised therein: Provided that such sale shall not take place until the Minister, by notice in the "Canada Gazette," has set apart, as school lands, in lieu of the school lands comprised within such leasehold and sold to such lessee or lessees, other land of equal area and value, as nearly as may be. GRANT OF HOMESTEAD TO EDWARD W. JOHN- STON. Sec. 9. Notwithstanding anything in the said Act or in any Act amending it, the Minister, by authority of the Gov- ernor in Council, may grant to Edward W. Johnston a home- stead entry for the southeast quarter of section eleven in town- ship eleven and range four, east of the first meridian, upon proof to the satisfaction of the Minister that he was in bona fide occupation of the said land prior to the first day of Janu- ary, one thousand eight hundred and eighty, and that he has continued to occupy and cultivate the said land since that date, in accordance with the requirements of the said Act relating thereto. OTHER LANDS TO REPLACE IT. 2. The Minister may cause to be selected in lieu of 'the said school lands, an equal area of vacant and unreserved Dominion Lands within the province of Manitoba, of equal value as nearly as may be, for the purposes for which sections eleven and twenty-nine in every surveyed township throughout the extent of Dominion Lands are set apart under the provisions in that behalf con- tained in the said Act, and may withdraw the lands so selected from the operation of those clauses of the said Act and of its amcndmg Acts, which relate to sale and to homestead entry, and set them apart as school lands, by a notice to that effect in the "Canada Gazette." II n y-f dl li^. 262 NORTHWEST TERRITORY. CLAUSE NINETY-SIX AMENDED. Sec. 10. Clause ninety-six of the said Act is hereby amended by striking out the word "and" in the second line thereof, and inserting the word "or" in lieu thereof. CLAUSE NINETY-EIGHT REPEALED. Sec. 11. Clause ninety-eight of the said Act is hereby repealed and the follow- ing clause is substituted in lieu thereof: — "Sec. 98. The Minister, with the approval of the oovernor in Council, may, whenever he deems it necessary so to do, vary any of the forms in the schedule to this Act, or t« any Act amending it, or he may from time to time, with the like approval, cause to be adopted such other forms to the like effect or such new forms as he considers applicable or neces- sary to any special case or class of cases." APPLICATION FOR HOMESTEAD BY WOMAN AS HEAD OF FAMILY. Sec. is. If, in the case of any woman who, claiming to be the sole head of a family, makes applica- tion for a homestead entry, any doubt arises as to the right of such woman to be recognized as the sole head of a family, the Minister may decide from the special circumstances of the case whether such application shall be granted or refused. ISSUE OF PATENT AFTER DEATH OF APPLICANT. Sec. 13. Where patents for any lands have been or are here- after issued to a person who died or who hereafter dies before the date of such patent, the patent in such case shall not there- fore be void, but the title to the land designated therein and granted or intended to be granted thereby shall become vested in the heirs, assigns, devisees or other legal representatives of such deceased person according to the laws of the province in which the land is situated, as if the patent had issued to the deceased person during life. ISSUE OF PATENT IN CASE OF MENTAL INCAPAC- ITY OF SETTLER. Sec. 14. In the event of any person who has partly or wholly fulfilled the conditions of his home- stead entry becoming insane or mentally incapable, and, by reason of such insanity or mental incapacity, unable to com- plete the conditions of his entry or te furnish the proof called for by clause thirty-eight of the said Act, the guardian or com- mittee of such person, or any person who in the event of his death would be entitled as his legal representative to do so, maj who com Jegal ig of ch by ac AS "2. I day 01 the ri| in the not mi thousai case si sions o been gi Jster thi apply f« such pe subject Sec. 16. 1891 is "and wh davit bj and char was mac charged Cftpt in ]| 'n whose that it w^ if the sa shall be 'and froi. ■Id remsL *"d extin] CROJ «• 21- Seess^t I^the charge ^-VreareTbefore \*%«""t in * -a\rr:Ctrt:t=^ CHASER '".""... .„„ settler or purchaser i» „iates, In any case m «h.ch any ^^ ^^._^^ ,^, .^^ .^e i-abilW DOMINION LANDS. ^ other indebtedness to the Crown, the Minister may cause such letters-patent to issue in favor of the settler or purchaser entitled thereto, and may transmit them to the registrar in wliose district the land is situated, with a certificate signed by him or his deputy, or by some other person named by him for the purpose, setting forth the particulars of such liability or indebtedness, including the total amount of the liability or indebtedness, with the rate of interest to be paid thereon, the name of the persons liable or indebted therefor, and the land to be charged thereby; and the registrar when registering the patent for such land shall make the necessary entries respecting such indebtedness in the proper register or other record book in his office, and thereafter the said indebtedness shall be and remain a charge upon the land until satisfied and extinguished according to law. LANDS IN YUKON DISTRICT AND REMOTE PARTS of N. W. T. MAY BE LAID OFF INTO LOTS. Sec. 19. Not- withstanding anything in the said Act contained, the Minister may direct that lands in the Yukon District and in remote parts of the unorganized portions of the Northwest Territories shall be laid ofF into lots of such size and shape as may be found advisable; and such lots may be dealt with and may be described according to plans of record. ■ ''1 ht m CRO PART VI. BRITISH COLUMBIA. CROWN LANDS BELONGING TO THE PROVINCE. PART 6. PROVINCE BRITISH COLUMBIA. CROWN LANDS. CHAPTER 66. ACT OF 1884 TO CONSOLIDATE THE LAWS AFFECT- ING CROWN LANDS WITH AMENDMENTS. C. A., c. 66, 1890, c. 22, 1891, c. IS, 1892, c. 2$, 1893, c. 22, 1894, c. 24, 1895, c. 27, 1896, c. 28, 1897, c. 19. Her Majesty, by and with the advise and consent of the Legislative Assembly of the Province of British Columbia, en- acts as follows: — SHORT TITLE. SHORT TITLE. Sec. i. This Act may be cited as the "I^and Act." 1884, c. 16, s. 77. f. INTERPRETATION. MEANING OF CERTAIN TERMS. Sec. 2. In the con struction and for the purposes of this Act (if not inconsistent with the context or subject matter), the following terms shall h.ive the respective meanings hereinafter assigned to theni:-j "Chief Commissioner of Lands and Works" shall mean and 1 include the Chief Commissioner of Lands and Works, and anyj person for the time being lawfully acting in that capacity: "Commissioner shall mean the Chief Commissioner of Lands I and Works of this Province, or the person acting as such for J the time being, and shall include every Stipendiary Magistratej for the time being in charge of any district, and every persofll duly authorized by the Lieutenant-Governor in Council to act! as and for the Chief Commissioner of Lands and Wcrks a>l Assistant Chief Commissioner of Lands and Works in aD/j District in which the land that may be referred to lies, othefj than that in which the chief office of the Lands and Worbj Department is situated, and any other district or districts (268) CROWN LANDS. 369 which no such Assistant Commissioner of Lands and Works as aforesaid has been appointed: "Crown lands" shall mean all lands of this Province held by the Crown without incumbrance: "Chinese" shall mean any native of the Chinese Empire or its dependencies, and shall include any person of the Chinese race : "Crown Grant" shall mean any instrument in writing under the Public Seal of the Province conveying land in fee simple. R. L. No. 131, s. 12; 1884, c. 2. s. 3; 1892, c. 35, 8. ID. SYSTEM OF SURVEY. PLAN OF TOWNSHIPS. Sec. 3. The Crown lands, where such a system is practicable, shall be laid off and sur- veyed into quadrilateral townships, containing thirty-six sec- tions, of one mile square in each, by lines running astronom- ically North and South, crossed by others running astronom* ically East and West. (2.) The sections shall be numbered as shown in the follow- ing diagram: — N. he con- nsistcnt t\s sball thew.- lean and land any | Icity. , U Lands! [such io»l Lgistrawl [y pers"*! \i\ to ^A [vorks a>l i in m ies, otWl id ^^°^'1 W. 1 32 33 3\ 35 ^6 30 29 1 28 1 1 27 26 25 10 1 20 1 21 1 22 3; 21 18 I" 16 15 M n 7 8 9 10 ir 12 6 . 5 4 3 2 I, E. , lii S. 2. > BRITISH COLUMBIA. m i ill (3') Quarter-section corners shall be established equidistant between the section corners, except on the section lines closing on the North and West boundaries of Townships, on which they are set at forty chains from the last section corner, and excess or deficiency of measure, if any, shall be carried out into the last half-mile, and cast upon the North and West sides of the Township: (4.) The dimensions and area of the irregular quarter-sections shall in all cases be returned by the Surveyor at their actual measurements and contents: (5.) All sectiors shall be closed by first running a random line East or VVei., as the case may be, to intersect the oppo- site corresponding corner post. Should this random line not intersect the post, then the distance shall be measured and a correct line run (care being taken to note the course) East or West, as the case may be, upon which the quarter-section post shall be established East and West lines must close within one hundred links: (6.) All lines shall be run to the cardinal points of the com- pass: (7.) Transits, theodolites, or other instruments, independent of the magnetic needle, must be used in running lines: (8.) Section posts shall not be less than four inches square, four feet out of the ground, and scribed with the number of the Township and adjoining sections on the sides facing them: (9') Quarter-section posts shall not hf less than three inches square, three feet out of the ground, and marked. (10.) All posts shall be .^quar'.'d two feet from the top, exctpt half-section posts, which shall be flattened only on two sides: (11.) All posts shall be pointed from the top to shed the water : (12.) All posts shall be s< surely placed in the ground where practicable : (13.) Pieces of charcoal or marked stones shall be placed under each post and the fact carefully noted in the field-book (i4>) In prairies, posts shall have mounds raised round them to a height of at least two feet six inches, either of earth or stones, and the pests to be scribed with the number of Town- ship and Section on each side: (15.) Mounds shall be three feet square at the base. At a dis- tance of one foot from each side of each mound a trench shall be dug at least two feet wide and one foot deep: (it shall (17 trees I toward CROWN LANDS. a7i where [placed earth |To*n- a dis- shall (i6.) On rocks, or where it is impossible to sink posts, they shall be surrounded by a cairn of rocks at least thirty inches high, the base to be three feet square: (i7 ) Four bearing trees shall be taken for every post, the trees being marked B. T., with distance from post, and faced towards the post: (i8.) The lines through timber shall be thoroughly blazed, two blazes to be made on each tree quartering on the line, so as to be easily distinguished and traced: (iQ.) No tree shall be blazed at a greater distance than six feet on either side of the line: (20.) All line trees shall be notched with thr^e notches on each side in the direction of the line, and their size, kind of timber, and distance from the last section corner, shall be given in field-notes: (21.) Surveys that have been made in any Township, or Pre- emptions, Military Grants, etc., to be taken up when crossed by Township or Section lines, and measurement made, and bearings taken to the nearest post, in such a manner that the fractional quarter-sections can be plotted and computed accu- rately. 1884, c. 16, s. 70, part. FIELD-BOOKS. Sec. 4. Field-books must be ruled up the center of the page to represent the line that is being run, and the notes kept from the bottom towards the top, with sketches on each side; at the bottom of the page mttst be written the bearing of the lines (true or magnetic) and the direction in Ahich it has been run: (2.) The first entry in the field-book each morning shall be the date: (3) The Surveyor shall make full notes, as he proceeds, of the character of *he coumtry, nature of the soil, lake*, timber, etc., on both sides of the line: (4) All field-notes must be clearly and distinc';ly made in Dencil on the spot: no add'tional notes should be imtered with the original notes after the day on which the latter are written. duplicates are to be kept in " k: (■n) Plans must be plotted on a scale of four inches to a I mile, showing all the information contained in the notes, with I number of page in the field-book written on each section line: (6.) The chaining must be correct as possible, and the chain [frequently tested by a standard measure: I K'S'UI ,1 ZJ2 BRITISH COLUMBIA. (7.) All streams or rivers that are crossed shall be noted, also their width, volume and direction: (8.) Prairie land, timber, nature of soil, etc., shall be care- fully noted: (9.) The Surveyor shall describe each section as he com- pletes its survey in his notes, as regards soil, timber, etc., and on the completion of a survey of a township, will append a general description of the said township: Cio.) Meander posts will be placed on the banks of large rivers, lakes, and on the sea-coast; and meanders made along such banks or sea-shore where necessary, so as to obtain the exact acreage of each fractional section. Meander lines must close to one hundred links: (11.) Bearings, and distances to bearing trees, shall be care- fully noted; also the kind of timber and size of the vrees: (12.) Indian villages or settlements, houses and cabins, fields or other improvements, shall be carefully noted: il^.') Any unsurveyed pre-emption claims shall be shown on plans as correctly as possible. Settlers' houses and improve- ments shall be carefully described. The names of all bona fide settlers shall also be carefully noted: (i4-) All roads and trails, with their directions whence and whither, shall be carefully noted: (15.) The Surveyor shall commence the survey of each town- ship at the southeast corner, and complete the eastern tier of sections, viz: Nos. i, 12, 13, &c., first; then return to the south- ern boundary of the township and complete the second tier of sections, viz: 2, 11, 14, &c., and so on until the township is completed. In cases where it is found absolutely necessary to deviate from this rule, the duplicate notes shall be arranged and copied in regular order, as if no such irregularity had taken place: (16.) The field-notes and duplicates must be sworn to as cor- rect by the Surveyor before some person duly authorized to administer oaths in the Province of British Columbia, prior to their acceptance by the Chief Commissioner of Lands and Works or his agent: (17.) The random lines run by a contractor shall not be in- cluded in mileage to be paid for. 1884, c. 16, s. 70, part. PRE WJ Excep family and b( decJara a Com: officer Form \ the san] occupiec settJeme: extent ij ^ard an( ^^''ns, an< fJie Prov extend tc *"ch as si ^y a sp., IJ^e Li '" the iirj ^'■^a east 1 •■^undrpd a Sec. 5a. Sec. sb. A Jand taken ^'on until f '"■»uj?ht unl COAfp^f ^^0^^. Seel e such "^'^J order «• 4. I "'« 'and be CROWN LANDS. a73 '^m PRE-EMPTION OF SURVEYED AND UNSURVEYED LANDS. WHO MAY RECORD UNSURVEYED LANDS. Sec. 5. Except as hereinafter appears, any person being the head of a family, a widow, or single man over the age of eighteen years, and being a British subject, or any alien, upon his making a declaration of his intention to become a British subject before a Commissioner, Notary Public, Justice of the Peace, or other officer appointed therefor which declaration shall be in the Form No. i in the Sched ile to this Act, and upon his filing the same with the Commissioner, may record any tract of un- occupied and unreserved Crown Lands (not being an Indian settlement) not exceeding three hundred and twenty acres in extent in that portion of the Province situated to the north- ward and eastward of the Cascade or Coast Range of Moun- tains, and one hundred and sixty acres in extent in the rest of the Province: Provided, that such right shall not be held to extend to any of the aborigines of this continent, except to such as ' "11 have obtained permission in writing to so record by a spvc. order of tlie Lieutenant-Governor in Council. The Lieutenant-Governor in Council may, by advertisement in the British Columbia Gazette, provide that in any specified area east of the Cascades, pre-emptions shall not exceed one hundred and sixty acres. iSgj, c. 22, s. 2; 1895, c. 27, s. 8. Sec. sa. (Repealed, 1896, c. 28, s. 11.) WHEN PRE-EMPTION RECORD TO BE GRANTED. Sec. 5b. No pre-emption record shall be granted except for land taken up for agricultural purposes, and no certificate of Improvement or Crown Grant shall be issued for such pre-emp- tion until ten acres at least of such pre-emption have been brouRht under cultivation. 1896, c. 28, s. 15. COMPANY MAY RECORD BY SPECIAL PERMIS- SION. Sec. 6. Any chartered or incorporated company may ac- quire such right, by obtaining permission in writing by a spe- cial order of the Lieutenant-Governor in Council. 1884, c. 16, s. 4. STAKING AND MARKING BOUNDARIES OF CLAIM. Sec. 7. Any person desiring to pre-empt as aforesaid shall, if 'he land be unsurveyed, first place at each angle or corner of the 18 274 BRITISH COLUMBIA. m 'i m ! i ^: i land to be applied for a stake or post at least four inches square, and standing not less than four feet above the surface of the ground; any stump of a tree may be used for a post, provided it be squared as aforesaid, and of the required height and dimensions, and upon each post a notice in the following form shall be afRxed: — "A. B.'s land, N.E. post" (meaning northeast post) ; "A. B.'s land, N.W. post" (meaning northwest post) ; and so on, as the case may be. And if such land shall not be so staked ofiF and marked, the applicant shall not have the right to record the land intended by him to be recorded; and if such land, not having been so staked and marked, shall nevertheless be recorded in favor of the applicant, he shall have no right at law or in equity therein or thereto. After the land is so staked and marked, the appli- cant shall then make applicxtion in writing to the Commis- sioner of the district in which the land is situate to record such land, and in such application the applicant must enclose a full description of the land intended to be recorded, and en- close a sketch plan thereof, and such description and plan shall be in duplicate; the applicant shall also make before a Justice of the Peace, Notary Public, or Commissioner, and furnish the Commissioner with, a declaration in duplicate, in the Form No. 2 in the Schedule hereto; and if the applicant shall in such dec- laration make any statement, knowing the same to be false, he shall have no right at law or in equity to the land the record of which he may have obtained by the making of such declara- tion. 1884, c. 16, s. s. PRE-EMPTION OF UNSURVEYED LAND. Sec. 8. Any person desiring to pre-empt surveyed land must make application in writing to the Commissioner of the district in which the land is situate to record such land, and in such application the ap- plicant must give the surveyed description of the land intended to be recorded, and enclose a sketch plan thereof, and such description and plan shall be in duplicate; the applicant shall also make before a Justice of the Peace, Notary Public, or Com- missioner, and furnish the Commissioner with, a declaration in duplicate, in the Form No. 2 in the Schedule hereto; and if the applicant shall in such declaration make any statement, knowing the same to be false, he shall have no right at law or in equity to the land the record of which he taay have ob- tained by the making of such declaration. 1884, c. 16, ^. 6. NA' Jn who empted veyed J it shall Commis circums other b<; be run 16. s. 8. RECl niissioneJ any Gov] or by hij Pre-empt( subsequeJ occupied ProvisionJ think pro ^^tfe notil aifl the J f'"s Provl ^'sions ofl ^PpJy to a| ''^^n issue CROWN LANDS. 27S SHAPE OF CLAIM. Sec. 9. Every piece of such unoccu- pied, unsurveyed, and unreserved land aforesaid, sought to be pre-empted under the provisions of this Act, shall, save as here- inafter is provided, be of rectangular or of square shape, and three hundred and twenty acres shall measure forty chains by eight} chains (equal to eight hundred and eighty yards by sev- enteen hundred and sixty yards), and one hundred and sixty acres shall either measure forty chains by forty chains (equal tO' eight hundred and eighty yards by eight hundred and eighty yards) or twenvy chaios by eighty chains (equal to four hun- dred and forty yards by seventeen hundred and sixty yards). Eighty acres shall measure twenty chains by forty chains, and furty acres shall measure twenty chaiws by twenty chains. All lines shall be run true north and south, and true east and west. 1892, c. 25, s. 2; 1893, c. 22, s. 3, part. NATURAL BOUNDARIES. Sec. 10. Where such land is in whole or in part bounded by any lake or river, or by any pre- empted or surveyed land, such lake, river, pre-empted or sur- veyed land may be adopted as the boundary of such land; and it shall be sufficient for the applicant to show to the Chief Commissioner that the form of the land conforms, as nearly as circumstances permit, to the provisions of this Act; but all other boundary lines, except as mentioned in this section, shall be run true north and south, and true east and west. 1884, c. 16. s. 8. RECTIFICATION OF SURVEY. Sec. 11. The Chief Com- missioner of Lands and Works may, however, in carrying out any Government survey, or any survey authorized by this Act, or by him, if, in his opinion, circumstances require it, survey pre-emption claims or purchased lands recorded previous or subsequent to the date of this Act, and also unsurveyed, un- occupied and unreserved land as aforesaid, recorded under the provisions of this Act, by such metes and bounds as he may think proper; and every survey so made and certified by Ga- zette notice shall be binding upon all parties affected thereby; and the survey, so certified, shall be deemed in any court of this Province to have been done in compliance with the pro- visions of this Act; but nothing in this section contained shall apply to any land when a Crown grant thereof has or shall have been issued. 1884, c. 16, s. 9. ill y U '■■\i 276 BRITISH COLUMBIA. CERTIFICATE OF RECORD. Sec. 12. Upon the compli- ance by the applicant with the provisions hereinbefore contained, and upon payment by him of the sum of two dollars to the Com- missioner, the Commissioner shall record such land in his favor as a pre-emption claim, and give him a certificate of such pre-emption record, in the Form No. 3 in the Schedule hereto; and such record shall be made by the Commissioner in triplicate, the original to be handed to the pre-emptor, a duplicate to be retained by the Commissioner for local refer- ence, and the triplicate to be forwarded forthwith to the head office of the Lands and Works Department, to be there ex- amined, and if found in all respects (or, if necessary, after having been amended by the Chief Commissioner of Lands and Works so as to be) in accordance with the provisions of this Act, to be finally entered in the Land Office Register, the pre- emptor to be notified of any alterations being made in the de- scription of his claim, whose duty it shall be to alter his stakes so as to agree with the amended description, 1884, c. 16, s. 10. ENTRY TO BE WITHIN THIRTY DAYS. Sec. 13. The pre-emptor shall, within thirty days after the date of the cer- tificate of record, enter into occupation of the land so recorded; and if he shall cease to occupy such land, save as hereinafter is provided, the Commissioner may, in a summary way, upon being satisfied of such cessation of occupation, cancel the rec- ord of the settler so ceasing to occupy the same, and all im- provements and buildings made and erected on such land shall be absolutely forfeited to the Crown, and such settler shall have no further right therein or thereto; and the certificate of record given to such pre-emptor shall be deemed to be null and void to all intents and purposes whatsoever; and the said land may be recorded anew by the Commissioner, in the name ot, or upon application bv, any person satisfying the requirements in that behalf of this Act. 1884, c. 16, s. 11. MEANING OF OCCUPATION. Sec. 14. The occupation in this Act required shall mean a continuous bona fide personal residence of the pre-emptor, or of his family, on the land re- corded by him. l8gi, c. 15, ». 1. HOW LONG rUE-EMPTOR MAY BE ABSENT FROM HIS CLAIM. Sec. 15. Every pre-emptor, as well as his famil/ (if any), shall he entitled to be absent from the land recorded by dur occi for i videi LI show Comr for ai year, Provid out in a dupJ: ence. j office o touched settlers to their "lissione ^" exten ^'^'nt froi '884. c. X ONE TI ^^^ same pre-empt,-, 3"d interc P''«venient made to c "^ such pi '■ 15. ^^ PRE. 'and shall "■'■f'^'n fivef 3 surveyor r'^ Co,„l °' ^"'■nardef :d VI CROWN LANDS. VJ7 e hall hall oi and land e oi, ent5 Ion vn [■sonal Id te- koM corded by such settler for any one period not exceeding two months during any one year. He shall be deemed to have ceased to occupy such land when he shall have been absent, continuously, for a longer period than two months, except as hereinafter pro- vided. 1884, c, 16, s. 13; 1891, c. IS, s. 2. LEAVE OF ABSENCE. Sec. 16. If any pre-emptor shall show good cause to the satisfaction of the Commissioner, such Commissioner may grant to the said pre-emptor leave of absence for any period of time, not exceeding six months in any one year, inclusive of the two months' absence from his claim provided for in section 15. Such leave of aljsence shall be made out in triplicate, the original to be handed to the pre-emptor, a duplicate to be retained by the Commissioner for local refer- ence, and a triplicate to be forwarded forthwith to the head office of the Lands nnd Works Department. In cases of illness, vouched for by sufficient evidence, or in the case of immigrant settlers returning to their former homes to bring their families to their homesteads, or in other special cases, the Chief Com- missioner of Lands and Works may in his discretion grant an extension of time during which the pre-emptor niay be ab- sent from his claim, without prejudice to his ri^jht therein. 1884, c. 16, s. 14; 1890, c. 22, s. 3; 1891, c. 15, s*. 3. ONLY ONE CLAIM BY RECORD TO BE ilEin AT ONE TIME. Sec. 17. No person shall be entitled to hold at the same time two claims bj' pre-emption; and any person so pre-empting more than one claim shall forfeit all right, title, and interest to the prior claim recorded by him, and to all inv provements made and erected thereon, and deposits of money made to Government on account thereof; and the land included in such prior claim shall be open for pre-emption. 1884, c. 16, s. IS- LAND SHALL BE SURVEYED AT THE EXPENSE OF PRE EMPTOR. Sec. iS. Any pre-emptor of unsurveyed land shall have the land recorded by him surveyed at his own expense (subject, however, to a rectification of boundaries) within five years from the date of the pre-emption record by a surveyor approved of and acting under instructions from the Chief Commissioner of Lands and Works. The field-notes (original and duplicate") and a sketch of any such survey must be forwarded to the head office of the Lands and Works Depart- I iM4 378 BRITISH COLUMBIA. IIHI \m \hii ment within thirty days from the date of completion of such survey; and should such survey be accepted by the Depart- ment a notice thereof shall be published in the British Colum* bia Gazette for a period of sixty days, giving - the official de- scription of the land, also the name of the pre-emptor for whom the land was surveyed, during which period any other parties having claims to such land must file a statement of their claims thereto with the Commissioner, and unless two or more parties are claimants of the same land, the Commissioner, at the ex- piration of such sixty days, shall record such surveyed land in the name of the pre-emptor. 1895, c. 27, s. a. WHEN LAND INCLUDED IN OFFICIAL SURVEY AND ON PRE-EMPTOR FURNISHING A CERTAIN STATEMENT AND DECLARATION, SUCH LAND TO BE RECORDED IN THE NAME OF THE PRE-EMPTOR. Sec. 19. Where any Government survey shall be made, in which shall be included the land recorded by any pre-emptor, and a map of such survey shall have been deposited in the office of the Commissioner, and notice thereof shall have been published in the P.ritish Columbia Gazette, such pre-emptor shall, within two months thereafter, make and file with the Commissioner a declaration in the form No. 6 of Sch 'dule hereto annexed, de- scribing the land settled upon by such pre-emptor, based upon the survey made, giving the number of the township, section, quarter-section, or fraction thereof, if any, as the case may be; and unless two or more parties are claimants of the same land, the Ccimmissioner shall, at the expiration of such two months, record such land in the name of such pre-emptor, without any further declaration by him: Provided, however, that if such declaration shall have been found to have been fraudulently made, or to contain wilfully false statements, the land so re- corded, with all improvements thereon, shall be forfeited to the Crown, and such pre-emptor shall have no further right therein or thereto; and the Chief Commissioner of Lands and Works may cancel the record of such land in Ihe books of the Land Office, and the certificate of such record shall I'lenceforth be deemed to be null and void to all intents and purposes whatso- ever. 18S4, c. 16, s. 17. COMMISSIONER TO DECIDE CERTAIN DISPUTES. Sec. 20. When the land shall have been surveyed, and in the ever Com sion< by t powe claim deem have ties ai Asssis: the CI appeal PR£ 2i. Anj nership land, sh to the £ ^ixty aci interest : so held » If CROWN LANDS. -279 sv lei nd, nihs, any uch ntly o re- the erein \rorks Land •th be batso- LTTES. 1 in the event of two or more parties claiming the same land, the Chief Commissioner of Lands and Works, or the Assistant Commis- sioner of Lands and Works for the District when so directed by the Chief Commissioner of Lands and Works, shall have power to hear, settle, and determine the rights of the adverse claimants, and to make such order in the premises as he may deem just; and for all or any of the purposes aforesaid he shall have full power to summon and examine, under oath, the par- ties and witnesses, but such decision and order if made by an Asssistaut Commissioner (if any) shall be subject to review by the Chief Commissioner of Lands and Works, and subject to appeal as provided by section 103 of this Act. 1895, c. 27, s. 3. PRE-EMPTION FOR PARTNERSHIP PURPOSES. Sec. 21. Any number of persons, not exceeding four, uniting in part- nership for the purpose of pre-empting, holding, and working land, shall be eligible to preempt as a firm, an area of land to the extent to each partner in the firm of one hundred and sixty acres. Each partner in any such firm shall represent his interest in the firm by occupation of some portion of the land so held by such firm; but it shall not be necessary in such case that each partner shall reside on his particular pre-emption. Partners in such firm may reside together on one homestead ; provided such homestead be situated upon some portion of the land pre-empted and occupied by such firm. For the pur- pose of obtaining a certificate of improvement to land pre- empted under this section, it shall be sufficient to show to the Commissioner that improvements amounting in the aggregate to two dollars and fifty cents per acre of the whole land have been made on some portion thereof. 1884, c. 16, s. 19; 1893, c. 25, s. 3. CERTIFICATE OF IMPROVEMENT. Sec. 22. A pre-emptor of surveyed land, who has been in occupation of his pre-emp- tion claim for not less than two years from the date of its record, shall be entitled to receive from the Commissioner a certificate, to be called a "Certificate of Improvement," in the Form No. 4 in the Schedule hereto, upon his proving to the Commissioner, by the declarations in writing of himself and two other persons, or in such other manner as the Commis- sioner may require, that he has been in occupation of his pre- fmption claim from the date of the record thereof, and has [■:, ii\ i\ aSo BRITISH COLUMBIA. VJ ' ''A made permanent improvements thereon to the value of two dollars and fifty cents per acre, and such declaration shall be in the Form No, s in the Schedule hereto. Such certificate shall be in triplicate, one part to be handed to the pre-emptor, another part retained by the Commissioner for local reference, and the third part transmitted forthwith to the head office of the Lands and Works Department; and it shall be the duty of the Commissioner to note the issue of such certificate on the duplicate pre-emption record thereof retained in the Com- missioner's office. 1884, c. 16, s. 20] 1893, c- 22, s. 4, part. MAKING AND FILING DECLARATIONS REQUIRED BY THIS ACT. Sec. 23. All declarations authorized to be made under the provisions of this Act shall be subscribed by the person making the same, and shall be filed with the Commis- sioner, who is hereby fully authorized nnd empowered to take the same; and shall be made before such Commissioner, or be- fore any Notary Public or Justice of the Peace, under the sub- ject to the provisions and penalties of the ''Oaths Act." 1884, c. 18, s. 21. PRICE. Sec. 24. Every person pre-empting surveyed or un- surveyed land shall pay one dollar per acre for the same to the Commissioner, at his office, in four equal annual instalments of twenty-five cents each per acre. The first instalment shall be due two years from the date of the record of the land pre- empted, and each subsequent instalment yearly thereafter until the full amount is paid. If default be made in payment of any of the instalments acording to the terms hereof, together with survey charges (if any), the record made of the said lands may be canceled by the Chief Commissioner of Lands and Works, and in case of such cancellation, then the land with the im- provements (if any) thereon, together with any instalments paid thereon, shall be absolutely forfeited to the Crown. All instalments which are not paid on or before the date herein provided shall bear interest at the rate of six per cent, per anntim. and over-due instalments, together with interest, may be accepted by the Commissioner in lieu of and at any time before the cancellation of the record. 1895, c. 27, s. 4. ARREARS OUTSTANDING ON 21st FEBRUARY, 1895. HOW DEALT WITH. Sec. 24a. All arrears upon pre-emp- tions or purchases outstanding on the 21st day of February, ^895 tion anni ance togei becoi 1S95. CI $1 Pf provej dollar convej 'ee sin certific upon p Crown have d« subject, •1 natura pre-empt f^mption I No ISSUE! land pre] Crown gl s. 24. heirI TO CR( ' '"•"y pre-L case may I eluded in I ^y such ^^^ issuinl payment fl respect off from the ^^ Lands Provementj •■espect tht CROWN LANDS. 281 un- 1895. jruary* 189s, may be either dealt with by the Commissioner under sec- tion 36 of this Act, or may be accepted by him in five equal annual instalments, together with interest on the unpaid bal- ance at the rate of six per cent, per annum, the first instalment* together with interest, from the 21st day of February, 1895, to become due and be paid on or before the 31st of December, 1895. 1895, c. 27, s. 5. CROWN GRANT TO BE ISSUED ON PAYMENT OF $1 PER ACRE. Sec. 25. After the grant of a certificate of im- provement as aforesaid to the pre-emptor, and payment of one dollar per acre for the land has been made, a Crown grant or conveyance, in the form No. 7 in the Schedule hereto, of the iee simple of and in the land mentioned as recorded in such certificate, shall be executed in favor of the said pre-emptor, upon payment of the sum of five dollars therefor; but no such Crown grant shall be executed in favor of any alien who may have declared as aforesaid his intention of becoming a British subject, until such alien shall have become, according to law, a naturalized subject; and no Crown grant shall issue until the pre-emptor or his family shall have bona fide occupied the pre- emption for at least two years. 1884, c. 16, s. 23; 1891, c. 15, s. 12. NO TRANSFER VALID UNTIL CROWN GRANT IS ISSUED. Sec. 26. No transfer of any surveyed or unsurveyed land pre-empted under this Act shall be valid, until after a Crown grant of the same shall have been issued. 1884, c. 16, s. 24. HEIRS OR DEVISEES OF PRE-EMPTOR ENTITLED TO CROWN GRANT. Sec. 27. In the event of the death of any pre-emptor under this Act, his heirs or devisees (as the case may be) shall be entitled to a Crown grant of the land in- cluded in such pre-emption claim, if lawfully held and occupied by such pre-emptor at the time of his decease, but subject to the issuing of the certificate of improvement as aforesaid, and payment for the land; but if no person makes any application in respect of the said pre-empted land, for a period of one year from the death of the said pre-emptor, the Chief Commissioner of Lands and Works may r:\ncel the said record, and all im- provements made on the said land, and all moneys paid in respect thereof, shall be fo.ieitecl 1S84, c. 16, s. 25. COMPLETION OF CERIAIN TITLES. Sec. 28. Any per- IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 fcaiM |2.5 |5o "^ MH ■^ f^ 12.2 iiiiim lllll^s Hiotograpbic Sciences CbrporaHon 33 WEST MAIN STRUT MiISSTM.N.Y. MSM (716)t72-4S03 ^ / a&2 BRITISH COLUMBIA. son who has acquired or may acquire a right to any Crown lands shall be governed by and shall complete his title thereto under the provisions of the Act or Acts under which the land was taken up, in the same manner as if the said Acts were in force, and the provisions of any subsequent amending \ct, whether imposing further conditions, or relieving from condi- tions then existing, or relating to procedure, shall not, except as is specially provided in any such amending Act, apply to the lands to which a right may have been so acquired. 1895, c. 37, s. 6. Sec. 29. (Repealed by c. 35, s. 4, 1893.) SALE OF CROWN LANDS. PURCHASE OF CROWN LANDS. Sec. 29a. Every person desiring to purchase unsurveyed, unoccupied, and unreser/ed Crown lands shall give two months* notice of his intended appli* cation to purchase, by a notice inserted, at the expense of the applicant, in the British Columbia Gazette, and in any news* paper circulating in the district wherein such land lies; such no- tice shall not include a greater area of land than six hundred and forty acres, and shall state the name of the applicant, the lo* cality, boundaries, and extent of the land applied for; such notice shall be dated, and shall be posted in a conspicuous place on the land sought to be acquired, and on the Govern* ment OfHce, if any, in the district. He shall also place at one ■angle or corner of the land to be applied for a stake or post to be known as the initial post, at least four inches square, and standing not less than four feet above the surface of the ground; and upon such initial post he shall inscribe his name, and the angle represented thereby, thus: "A. B.'s N. E. corner" (meaning Northeast corner) or as the case may bfe Except such initial post is so planted before the above notice is given all the proceedings taken by the applicant shall be void. He shall also deposit twenty*five per cent, of the pur chase money with the Commissioner, together with his appli* cation to purchase, within ninety days from the date of the staking of the land applied for, and he shall have the land required surveyed, at his own cost, by a duly authorized Pro* vincial Land Surveyor; and such lands shall be surveyed on CROWN LANDS. ^ )erson ser/ed appti* of the I news- ich no- undred the lo- ; such ticuous tovern- at one [or post square, oi the name, N. E. lay ^*' |e notice Ishall be ihe put- is appU- J o! the the land ized Pro- reyed on the rectangular or square si/ stem now adopted by the Gov* emment, and all linea shall be run due north and south and due east and west, except where from thft nature of surveys made it would be impossible to conform to the above system; and wherever possible the said stirvey shall be connected witk some known point in previous surveys, or with some other known point or boundary. (i.) It shall be the duty of the surveyor to classify the lands so surveyed as timber lands, first-class, second-class, or third-class lands, adopting for the purposes of such classifica- tion the distinctions contained in the next ensuing sub-sec* tion, and he shall make full and accturate field-notes of his survey, and upon completion of th^ survey shall file such notes and a report of his survey in the office of the Chief Commis* sioner of Lands and Works, acompanied by a statutory dec- laration verifying such notes, and showing the area of first* class, second-class, or third-class lands which are embraced by such survey; and such declaration shall also state whether in his opinion any of such land, and if so what, is likely to be required for the purposes of a town site or fishing-station, and whether the granting of such land or any of it would prevent or hamper the development of any adjoining natural resources. (2.) Lands which arc suitable for agricultural purposes, or which are capable of being brought under cultivation profit* ably, or which are wild hay meadow lands, shall rank as and be considered to be first-class lands. Lands which are suit- able for agricultural purposes only when artificially irrigated, and which do not contain timber valuable for lumbering pur- poses, as defined below, shall rank as and be considered to be second-class lands. Mountainous and rocky tracts of land which are wholly unfit for agricultural purposes, and which cannot, under any reasonable conditions, be brought under cul* tivation. and which do not contain timber suitable for lumber* ing purposes, as defined below, or hay meadows, shall rank as and be considered to be third-class or pastoral lands. TIMBER LANDS.— (a.) Timber lands (i. e., lands which contain milling timber to the average extent of eight thousand feet per acre west of the Cascades, and five thousand feet per acre east of the Cascades, to each one hundred and sixty acres) •hall not be open for sale. BRITISH COLUMBIA. PRICE. — (3.) The Chief Commissioner of Lands and Works after examination of the report of the survey, the field notes thereof, with the statutory declaration of the Surveyor, and all other documents and information in relation to the application, and of th6 character of the land applied for, which shall be procurable, if satisfied with the information, and that it is not contrary to the public interest that the sale should be made (but not otherwise), shall name the price, based upon the classification provided by the preceding sub- section, at which the land applied for, or any portion thereof, may be sold to the applicant, and thereupon, but not sooner, the sale may be allowed to proceed. The price of first-class lands shall be five dollars per acre; that of second-class lands, two dollars and fifty cents per acre; and that of third-class lands, one dollar per acre. The purchase money shall be paid in full at the time of the purchase, twenty-five per cent, being paid as before provided, and the remaining seventy-five per cent, when the survey shall have been accepted and the sale al- lowed to proceed by the Chief Commissioner of Lands and Works; but no right or title can be acquired to any such land until after such land shall have been surveyed, and such sur- vey shall have been accepted by the Chief Commissioner of Lands and Works, and the payment in full made for such land. ADDITIONAL SURVEYS.— (4.) If the Chief Commis- sioner shall not be satisfied with the survey, or for any cause shall desire further information concerning the land applied for, he may cause such additional surveys to be made and in- formation to be procured as he may see fit. LESS THAN 160 ACRES NOT TO BE SOLD.— (o.) Pro- vided always, that it shall not be lawful to survey or sell any lands under authority of this section in such manner as to dis- pose of a less Quantity oi land than one hundred and sixty acres, measuring forty chains by forty chains (except where such area cannot be obtained), nor more than six hundred and forty acres, measuring eighty chains by eighty chains, nor shall the application nor deposit of twenty-five per cent, on the purchase money above mentioned of itself confer any right or title to the land applied for upon the applicant COMPLETION OF PURCHASE WITHIN SIX CROWN LANDS. aSs MONTHS.— (b.) Provided that, unless good and sufficient cause to the satisfaction of the Chief Commissioner of Lands and Works be shown to the contrary, the survey must be com- pleted and payment in full must be made for all land sought to be acquired under the provisions of this section within six months from the date of application to purchase; in default of which all claim of the rpplicant to the land applied for shall cease and determine, and the money deposited at the date of application shall be absolutely forfeited to the Crown, and the land shall thenceforth be open to pre-emption and purchase by any other person. ONE APPLICATION TO BE COMPLETED OR ABAN- DONED BEFORE ANOTHER IS MADE OR CERTIFI- CATE OF IMPROVEMENTS OBTAINED.-(c.) Provided also, that no person who has given notice of his intention to make application to purchase lands under the provisions of this section shall be entitled to give notice of his intention to make application to purchase any other lands under the provisions of this sectfor. until after he shall have either abandoned his application to purchase or acquired a Crown grant of the lands ior which he had previously given notice of his intention to make application to purchase, and shall have ubtamed a certifi- cate from the Commissioner that he has improved the said land to the extent of five dollars per acre if first class land, two dollars and fifty cents per acre if second class land, and one dollar per acre if third-class land; land which is bona fide cultivated shall be deemed to be improved land, and in other respects section 22 of this Act shall apply: Provided, always, that no person shall purchase more than one tract of land, of whatever extent, under this section until the above-mentioned improvements have been completed in accordance with this Act. PRIORITY IN CASE OF TWO APPLICANTS.— («f.) Provided further, that when there are two or more applicants 'or the same tract of land, and a prior right of either or any ■^t the applicants is not established to the satisfaction of the Chief Commissioner of Lands and Works, the same may be tendered for by the applicants and sold to the highest bidder. '896, c. 28, 8. la. SURVEYED LAND.- -Sec. agb. So much of the unappro- 286 BRITISH COLUMBIA. priated and unoccupied lands of the I'rovince, the surveys of which have been duly made and confirmed in the British Co* lumb^a Gazette, whidi are not the sites of towns or the sub* urbs thereof, nor Indian settlements, and as are not reserved from sale by the Lieutenant-Governor in Council, may be clas* sified in the same manner as unsurvey lands, and purchased (subject to the provisions of sub-section (c) of sub-section (4) of section aga hereof) at the same price. 1896, c. a8, s. 14. SURVEYED LANDS MAY BE SOLD AT PUBLIC AUCTION.— Sec. 30. Such of the lands of the Province, the surveys whereof have been duly made or adopted by the Gov* ernment, and confirmed by notice in the British Columbia Gazette, may, whenever so ordered by the Lieutenant-Gov- ernor in Council, from time to time be put up at public auc* tion (of which auction due and sufficient notice shall be given), upon such terms and conditions as may be considered advis- able. iSga, c. aSt s. 5. TOWN AND CITY LANDS MAY BE SOLD.— Sec. 31. Notwithstanding anything in the last preceding section con* tained, town, city or suburban lots may be sold by public auc- tion, of which reasonable and sufficient public notice shall be given. 1888, c 16, 8. 7* Sec. 3J. (Repealed by c. 15, s. 6, 1891.) SALES AND FREE GRANTS FOR DYKING AND DRAINING PURPOSES.— Sec. 33* It shall be lawful for the Lieutenant*(jovernor in Council to sell any vacaut. lands of the Crown, or make free grants thereof, to any person or com- pany for the purpose of dyking, draining or irrigating the same, subject to such regulations as the Lieutenant-Governor in Council shall see fit. 1884, c. 16, s. 53. LAND SOLD TO BE SUBJECT TO RIGHT OF WAY, &c.— Sec. 34> Unless otherwise specially notified at the time of sale, all Crown lands sold shall be subject to such public rights of way as may at any time after such sale be specified by the Chief Commissioner of Lands and Works, and to the right of the Crown to take therefrom, without compensation. any stone, gravel, or other material to be used in repairing the public roads, and to such private rights of way, and of leadinf or using water for animals, and for mining, engineering 01 ij CR sold u iull p, grant j c- 16. 1 BAJ PAID TJie CI tJces ii from tirj ^«retof3 and M o^suchf ^or sucM PurchasJ 'oonths.] Purchasrf not pay] ^Vorks/ '"«='> laii, °'' there! '" Pquityl CROWN LANDS. ««7 irrigation purposes, as may at the time of such sale be exist* ing. 1884, c 16, 8. 54; i892> c. 35, s. 10. CROWN GRANTS TO CONTAIN PROVISION AS TO TOWN LOTS.— Sec. 34a> All Crown grants hereafter is- sued of lands, the right to which was acquired subseguent to the 17th day of April, 1896, shall contain a provision that in the event of any lands thereby granted being divided into town lots, one-fourth of all the blocks of lots shall be re-conveyed to the Crown. The blocks to be so re-conveyed to the Crown shall be ascertained as follows: — The Chief Commissioner of Lands and Works shall first select one block and the owner three, and so on in turn, the Chief Commissioner selecting one and the owner three of the unchosen blocks until the division is made. 1897, c. 10, s. 3. COMPLETION OF SALES. CROWN GRANT.—Sec. 35* The Crown grant of any land sold under the provisions of this Act shall not be issued until full payment therefor shall have been made, and such Crown grant shall be in the Form No. 7 in the Schedule hereto. 1884, c. 16, s. 33. BALANCE OF UNPAID PURCHASE MONEY TO BE PAID ON NOTICE FROM COMMISSIONER.-Sec. 36. The Chief Commissioner of Lands and Works may insert no- tices in the British Columbia Gazette, requiring all persons from whom the balance of purchase money is due on any lands pre-empted or purchased by them under any Act or Ordinance heretofore passed, to pay to the Chief Commissioner of Lands and Works, within twelve months from the first publication of such notice (and such notice shall be published continuously for such twelve months) the balance remaining unpaid of the purchase money due on such lands; and if, within such twelve months, any person holding land on which the balance of the purchase money is due to the Government and unpaid, shall not pay such balance, the Chief Commissioner of Lands and Works may cancel all or any records or agreements concerning such land; and, in such case, the right of such person therein or thereto and all money paid by him thereon, shall be abso- lutely forfeited, and he shall have no further right at law or in equity to the land so partially paid for. 1884, c. 16, s. 33. s8& BRITISH COLUMBIA. FREE GRANTS. LIEUT.-GOVERNOR MAY MAKE FREE GRANTS.- Sec. 37. It shall be lawful for the Lieutenant-Governor in Council to make such special free or partially free grants of the unoccupied and unappropriated Crown lands of the Prov- ince for the encouragement of immigration or other purposes of public advantage, not being bonuses for the construction of railways, with and under such provisions, restrictions, and privileges, as to the Lieutenant-(iovernor in Council may seem most advisable. 1884, c. z6, s. 58; 1887, c. 17, s. 11; 1891, c. 15, s. 7. EDUCATIONAL ENDOWMENTS. RESERVES FOR EDUCATIONAL PURPOSES MAY BE SOLD AT PUBLIC AUCTION.— Sec. 38. (Repealed by c. 15, s. 8, 1891.) Lands heretofore reserved under said sec- tion may be sold by public aution, of which reasonable and sufficient public notice shall be given, but not so as to dispose of any land at less than its classified price. i8gi, c. 15, s. 8. Sections 39 to 52, inclusive, repealed by 1897, c. 45, s. 154. LEASES.— Sec. 53. Leases (containing such covenants and conditions as may be advisable) of unoccupied Crown lands, not exceeding one hundred and sixty (160) acres in extent, may be granted by the Chief Commissioner of Lands and Workj. EAST OF CASCADE RANGE.— (0.) In that part of the Province situated east of the Cascade Range, for a term not to exceed five years, for the purpose of cutting hay thereon, to any person or persons whomsoever, being bona fide pre-empt- ors or purchasers of land appurtenant to the meadows desired to be so leased, at an annual rental of ten cents per acre. STONE QUARRIES.— FISHING SITES. (6.) For a term not to exceed twenty-one years, for the purpose of open- ing up and working stone quarries or as sites for fishing sta- tion, on such terms and conditions, not inconsistent with the provisions of this Act, as may be approved by the Lieutenant- Governor in Council. PROCEEDING TO MARK GROUND FOR APPLICA- TION.— (1.) Any person desirous of procuring a lease for any CROWN LANDS. o» the purposes referred *« k * ** applied for 7,'.akL" " ""^ •■•»'• <>' corn« of 1.". *.•" ""•' sending no, i" ! °' P""' " Iwst four in^h ^"'' •<> >•• A«i«a« cCAtio^f :^ r"; "■"""""on Tn Zut f""'" P°^.>.o„ ,he„of. and shall ,^1' f ''*'■•«' "PP'oxim^ 1^,^: m.ss,o„„ of Land, and^o'it '^ "■"'"• •" «>. ChieT Com "=» been substantiated, giv^ * T-'"' '»»''• » "o valid ibiectr„' 'ease will is^no « j . ^ notice to such a«..i- ""J^<^"On the lanH ^ '^*'^''*^' Provided he rth ^fP^'^^^^t that a '-■ Ws .„n.ed und. .ro,jror:hi!r'r^ 890 RKITISH COLUMBIA. shall contain conditions binding the lessee to build a dwelling* house during the first year of tenancy, and to settle upon, cul* tivate, and occupy the land within the meaning of the "Land Act,'* and such other conditions as may be approved by the Lieutenant-Governor in Council. Such lease shall also contain a covenant providing that the lessee shall, at the expiration of the term of the lease, be entitled to a Crown grant of land so leased to him, provided that all the conditions and stipulations of the lease have been faithfully fulfilled. 1894* c. 24, s. 2; 1897, c. lOi s. a. LEASES OF LANDS WITHIN MUNICIPALITIES.- (t.) The Lieutenant-Governor in Council may grant leases of vacant Crown lands which are situated within the limits of any corporate city, upon such conditions as may be deemed ad* viMble, for a term not to exceed ten years. 1894, c. 34, s. 2. TIMBER LEASES.— Sec. 54* Leases of surveyed unpre- empted Crown timber lands which have been previously of* fered to public competition may be granted by the Lieutenant* Governor in Council, for a period not to exceed twenty-one years to any person, persons, or corporation, for the purpose of cutting spars, timber, or lumber, who have tendered the highest cash bonus, subject to the payment of a royalty of fifty cents per thousand feet on the scaled measurement of the logs cut on the leased premises, and to the payment in ad- vance of an annual rental of fifteen cents per acre; arrears of rental to bear interest at the rate of five per cent, per annum: Provided, that when the lessee is or becomes the owner of a properly equipped saw-mill appurtenant to the leasehold and capable of cutting not less than one thousand feet of lumber in inch boards per day of twelve hours for each and every four hundred acres of land included in such lease, the annual ren- tal shall be reduced to ten cents per acre. 1895, c. 27, s. 7- Sec. 55. (Repealed by 1893, c. as, s. 7.) Sec. 56 & 57. (Repealed by 1893, c. 25, s. 8.) LEASES FOR PURPOSES OF STRIPPING HEMLOCK TREES OF BARK.— Sec. 57a. It shall be lawful for the Lieutenant-Governor in Council to grant leases of unpre-empt- ed Crown lands for a term not to exceed thirty years, for the purpose of stripping hemlock trees of bark, subject to such CROWN LANDS. «9i I- d le in of so >ns 597. S.- B of any ad- I. ittpte- iy of- etiant- ty-on* irpose ;d the ilty of of the [in ad- jars of tnnutn'. ^r of » fid and ]lun^^*' [ry four lal ten- S. 7- LLOCIC [for t^« Ire-emP*' for the I to such rent and conditions as the Lieutenant-Governor in Council may see fit to impose. 1891, c. is* •• 13. WRITTEN OBJECTIONS MAY BE MADE.-Sec. 58. Any person desirous of objecting to such lease shall give his written reasons therefor, within the time specified in the above notice, addressed to the said Commissioner; and the said Com- missioner shall, as soon aa possible, forward the same, with his report thereOn, to the Chief Commissioner of Lands and Works. 1884, c. 16, s. 39. CHIEF COMMISSIONER TO HEAR AND SETTLE ALL OBJECTIONS.— Sec. 59. In the event of any objec- tions being entered as provided for above, the Chief Commis- sioner of Lands and Works shall have power to hear, settle, and determine the rights of the adverse claimants, and to make such order in the premises as he may deem just. 1884, c. 16, s. 40. IF NO OBJECTIONS THE LEASE MAY BE ISSUED. —Sec. 60. If no objection is made as aforesaid to the issue of such lease before the said notice expires, the lease applied for may be issued, if advisable. 1884, c. 16. s. 41. PRE-EMPTOR OF LEASED LANDS TO HAVE RIGHTS OF WAY.— Sec. 61. Person? who have pre-empted lands, or shall hereafter record or pre-empt any lands here- tofore leased, or which may hereafter be leased for any of the purposes aforesaid, shall have the right of passing and repassing over such leased lands without being deemed tres- passers: Provided, always, that such persons shall not commit wilful waste or damage in passing over such lands 1884, c. 16, s. 42. TIMBER LANDS. ^«:ANING OF "CROWN LANDS." "PATENTED LANDS." "TIMBER LEASEHOLD." "TIMBER LIM- ITS." Sec. 62. In the following sections the words — "Crown lands" mean lands which are the public lands of tlie Province, and shall not include lands held under lease. "Patented lands" mean lands granted by the Crown after the 7th day of April, A. D. 1887, and before the passage of this Act. aga BRITISH COLUMBIA. "Timbei' leasehold" means lands included in timber leases since the 31st day of December, 1879. and lands included in any timber lease hereinafter granted. "Timber limits" means lands specified in any timber li> cenae hereafter issued. x888, c. 16, s. xo. LICENSE REQUIRED TO CUT TIMBER ON CROWN LANDS.— Sec. 63. It shall be unlawful for any person, with- out a license in that behalf, to be granted as hereinafter men- tioned, to cut, fell, or carry away any trees or timber upon or from any of the Crown or patented lands of this Province. 1888, C. 16, S. II. PENALTY FOR CUTTING TIMBER WITHOUT LI- CENSE. — Sec. 64. Every person who shall violate the provi- sions of the preceding section shall, for each offense, be liable to a penalty of not less than five dollars nor more than five hundred dollars, to be recovered in a summary manner, upon the complaint of any person, before any Stipendiary Magis- trate or two Justices of the Peace, and in default of payment by imprisonment not exceeding thirty days. 1888, c. 16, s. 12. CHIEF COMMISSIONER OF LANDS AND WORKS MAY GRANT SPECIAL LICENSES TO CUT TIMBER.- Sec. 65. The Chief Commissioner of Lands and Works may Krant licenses, to be called special licenses, to cut timber on Crown lands and patented lands at the rates by this Act im- posed, and subject to such conditions, regulations and restric- tions as may from time to time be established by the Lieuten- ant-Governor in Council, and of which notice may be given in the British Columbia Gazette. 1888, c. 16, s. 13. MODE OF OBTAINING LICENSES.— Sec. 66. Any person desirous of obtaining such special license shall comply with the following provisions: — STAKING OF CLAIM.— (a.) He shall first stake out the land sought to be included in such special license in the manner prescribed by the law relating to the leasing of Crown lands: 1894, c. 24* s. 3. (ft.) He shall, after making the application for the special license, publish for a period of thirty days in the British Co- lumbia Gazette, and in any newspaper circulating in the dis- trict in which the lands lie, notice of his application for such license, and shall in such notice give the best description of frees <'urir are c with holde trees, sessio action prosec and tc at the minatic additioj Act, tj 0^ ten to cut '^"t any *''Am.V-\ CROWN LANDS. '-W V«tX/°";, r ''^'»« -" aod bound. . , * V-HX, ACRES._Sec. « ",^„^«^^TED FOR MORE THav granted for a la. ^° spcc al timb#.r ,."**• THAN ii^aii the i:j::'i: :;::,:'^!^ °- ^^oirra ;n ,a?; '^ The license shall If k** ''''' « ^°n«w PcriodTh. °**' "°' at any time Nn ''* *'*"«'«»-abIe. an/ ' l k °°* 3^«'. special lic^^'se «^ T'^" '^^^^ »>e emitted ^ '"'"'•ndered the Chief Comn, '^^ '^'"^ '•««. The hr. "°'* *^*" one 0/ «^t;itTTrsrii^ ''- ^^''^^ z^^^^r '^ swnline of ,1, ,. ° "«nse; payn,.„, ,„ '"*'"'/. the turn shall "' il! %'■"""• I» deiau" " '° ."• "»"• "«»" .he of the CI., rr- '""='•"«•'« n»y be r™.T"°' ""« ««■>«> ,. „ Ch... Co„„i„io„er o, J^^ ZXo^U".^"-"""' "■•' <=« by auL^r°'- *"«••" the tree, Z'h "" "«»« *iib or »L!. . t ■"' "' "'« "eensee or 1' '"' ""• '"nber "older ,h "„;,*" ™"«"t. and Tuch Le' ""^ .l""' P«"0" «"d to rJl '«»»««» and other off™^ '"'Passer, and to « the /" " damages, if any aL ., *" *° Punishment ^cnt of by this |or any in the other made CROWN LANDS, 395 up with other timber or wood into a crib, dam, or raft, or in any other manner has been 90 mixed up aa to render it im* possible or difficult to distinguish the timber liable to the pay- raent of royalty or rent from timber not so liable, such other timber shell also be liable for all royalty and rent imposed by this Act; and all officers or agents entrusted with the collec- tion of the royalty or rent may follow lUl such timber, or any timber with which it is so mixed, and seize and detain the same wherever it is found until such royalties and rent, and the reasonable costs and expenses of seizure and detention, are paid or secured. i8g6, c. aS, s. 3. LESSEES AND MILL-OWNERS TO KEEP ACCOUNT OF ALL LOGS BROUGHT TO THE MILL.— Sec. 75. Ev*y lessea of timber land, and every person owning or operating a mill which may cut timber which is subject to the royalty imposed by this Act, shall keep correct books of account of all logs brought to his mill, stating from whom they were ac- quired where they were cut, the date received and their scale measurement, and shall make monthly returns to the Chief Commissioner of Lands and Works showing the measurement of such logs, and such other particulars as the Lieutenant-Gov- ernor, by Order in Council, may require; and such books shall be open, at all reasonable hours, for the inspection of any per- son appointed for carrying out the provisions of this Act. 1888. c. z6, s. J3« MILL-OWNERS MAY COLLECT ROYALTIES DUE.- Sec. 76. It shall be lawful for any person owning or operat- ing any mill (when authorized by the Chief Commissioner so to do) to collect the royalties due to the Crown upon any logs which may be brought to his mill, and to give receipts there- for. All moneys so received shall b'* accounted for and paid over to the Crown. The Crown shail have a lien upon the mill and all timber thereat, or on any lands or waters appur- tenant thereto, for all royalties collected under this section; such lien to confer the same rights and to be enforceable in the same manner as the lien held under section 74 of the "Land Act." may from time to time be. 1888. c. 16, s. 34; i8fi6, c. a8, s. 4. EXTENDS CROWN LIEN ON TIMBER ROYALTY.— Sec. ;6a. The Crown shall have a lien upon all steamships, I. ^ BRITISH COLUMBIA. railway and stationary engines, smelters, concentrators, and all furnaces or machinery in or for which any timber or wood upon which a roy ilty is reserved and payable in any way or manner, or for any purpose has been or is being used or con- sumed, also upon all steamships, tow-boats, scows or other ves- sels, and upon all railway trains, teams and wagons in any way engaged in transporting such timber; such lien to confer the same rights, and to be enforceable in the same manner as the lien and rights of recovery of royalties conferred by un- der the provisions in that behalf of the "Land Act," and amending Acts. 1897, c. 19, s. 4. FREE MINERS, TRAVELERS, FARMERS, AND OTHERS CUTTING TIMBER NOT AFFECTED.-Sec. 77. This act shall not be construed so as to inflict penalties upon free miners engaged in prospecting, nor upon travelers, nor upon persons engaged in merely scientific pursuits or explor- ing, nor upon farmers cutting timber in connection with their farms, nor upon persons cutting cord wood for personal use for fuel for domestic purposes and not for sale, or cutting cord wood for school purposes. i8g6, c. 28, s. 5. TITLE CANNOT BE ACQUIRED TO TIMBER CUT ON CROWN &c., LANDS WITHOUT LICENSE. Sec. 78. If any person, without authority or otherwise than is permit- ted by this Act, cuts or employs, or induces any other person to cut. or assist in cutting, any timber of any kind on any of the Crown lands, patented lands, timber leaseholds, or timber limits, or removes or carries away any merchantable timber of any kind so cut, from any such Crown or patented lands, or timber leaseholds, or limits, he shall not acquire any right to the timber so cut, or any claim to any remuneration for cut- ting, preparing the same for market, or conveying the same to or towards market. Any such timber may be seized by the Chief Commissioner, or any Government Agent, or by any agent or person appointed under this Act, and shall be sold for the benefit of the Crown. (0.) When the timber or saw logs made has or have been re- moved by any such person out of the reach of the Chief Com- missioner or Assistant Commissioner, or any agent appointed for the purpose of carrying out the provisions of this Act, such first mentioned person shall, in addition to the loss of his CROWN LANDS labor and disbursements fnrU: ^^ (c) In « u " amourt of WHEN TIMBER SO pttt to * *"• '^' »• ^. ^Vhere timber has been cu. ^.?J^^^^ THEREOF -Sec ^^ patented lands timh! , * '^'*^°"' authority on C. ,' ^^' ll.e seizure Z . 'f " ^«»factoriIy ,„ ,h" 2'""" """' "re. I8S8, c. ,5_ 5 ' ™ tlie officer making OFFICER SEIZING MAY TAT T . «in o.e"^;?^!?^^' 7«- and d^C bT^^f; 298 BRITISH COLUMBIA. be sufficient to pay all rents or royalties due, and all the costs and expenses of seizure, detention, and sale. 1896, c. 38, s. 7. SEIZURES MAY BE TRIED BEFORE A SUPREME OR COUNTY COURT JUDGE.— Sec. 83. Any Supreme or County Court Judge may, upon petition in a summary way, try and determine such seizures, and may order the delivery of the timber to the alleged owner, upon his giving security, by bond, with two good and sufficient sureties, to pay double the value or double the amount due for royalty, rent, and costs and expenses, in case of condemnation. (a.) Such bond shall be taken in the name of the Chief Commissioner to Her Majesty's use, and shall be delivered up to and kept by the Chief Commissioner. (&.) If such seized timber is condemned, the value thereof or the amount due for royalty rent, * and costs or expenses, shall be forthwith paid to the Chief Commissioner, and the bond canceled, otherwise the penalty shall be enforced and re* covered. 1888, c. 16, s. 30; 1896, c. 28, s. 8. PENALTY FOR MAKING FALSE STATEMENTS TO EVADE PAYMENT OF ROYALTIES, &c.-Sec. 83. Every person availing himself of any false statement or oath to evade the payment of any moneys payable under this Act in re- spect to timber, or endeavoring to convey out of British Co- lumbia any timber in respect of which the royalties by this Act imposed are payable, without first paying such royalties, shall forfeit the timber in respect of which payment of such moneys is attempted to be evaded, and shall incur a penalty nut exceeding five hundred dollars. 1888, c. 16, s. 31. DRAWBACK ON EXPORTED TIMBER, &c.— Sec. 84. The Lieutenant-Governor in Council may allow, on the expor- tation beyond the limits of the Province of any piles and spars, or of any timber manufactured at any mill in British Columbia upon which the royalty by this Act imposed has been paid, a drawback or rebate equal to one-half of the roy- alty paid upon such timber. x888, c. 16, s. 33. RULES AND REGULATIONS MAY BE MADE.-Sec 85. The Chief Commissioner of Lands and Works may, with the approval of the Lieutenant-Governor in Council, appoint such persons and make all such rules and regulations as he may deem proper for carrying out the provisions of this Act. t888. c. 16, s. 33. cil sion Jum ernp; conv for t poses such ». S6. CA tenant tions < Counci *'J noti in the culating 'ected a REsJ L'eutena tice in t the recr« poses, o; ^or the s 0^ the C LEASi ^^-Sec] twenty-on, P''oper, s. ""ay be dt '*« consenl Mjvds CROWN LANDS. RESERVES. a99 «iSSJERVES. RESERVES.-Sec. 86. The T • c'l may at any time, by notSL ^!*"'?»"t-Governor i„ Coun s'oner of Landa »nH \xr f *^* "«"«<* bv the ChUt n "' ;■« i» .h. British cl^°brL«i '""" •""« " '^e by nt' poses or agricultural .ocieuj ^e public, for municipal pur 3_ "' "««»ary. ,888, c. ,6, LEASES OP cr-TT^TN^, f -S«. 3,. Thcl"°°«^.,,f5f'^KVES MAV BE GRANT may be w— ^ *"* ^*nd set aoart ae c l , * deemed y be deemed advisable; but no a^h ? ^^^°°^ ^^'erves as y». that m land required for II 300 BRITISH COLUMBIA. military and naval purposes it shall be lawful for the Lieuten- ant-Governor in Council to release the same from all reserva- tions and exceptions whatsoever, and notice of such release shall be published in the British Columbia Gazette for one month. 1884, c. 16, s. 34. FREE MINERS IN CASE OF NAVAL OR MILITARY RESERVES.— Sec. 90a. There is hereby reserved from the lands whereon a free miner may enter and prospect all lands reserved or used for naval or military purposes, whether in the grant or reservation thereof for such purposes the precious or base metals, or any of them, were reserved to the Crown and its licensees, or were not so reserved. i8g6, c. 28, s. 10. HIGHWAYS. PUBLIC ROADS ARE PUBLIC HIGHWAYS.— Sec. 91. All roads, other than private roads, shall be deemed common and public highways. 18S4, c. 16, s. 6c. ROADS, &c., VESTED IN HER MAJESTY.— Sec. 92. Unless otlierwise provided for, the soil and freehold of every public highway shall be vested in Her Majesty, Her heirs and successors. 1884, c. 16, s. 61. POWER OF CHIEF COMMISSIONER IN RESPECT OF HIGHWAYS.— Sec. 93. It shall be lawful for the Chief Commissioner of Lands and Works, in his discretion, to make public highways, and to declare the same by notice in the British Columbia Gazette, setting forth the direction and ex- tent of such highway, and by himself or his agents to enter and take possession of any private roads and any lands in the Province, and the timber thereon, for the purpose of laying out public roads of any width not exceeding sixty-six feet, and to vary and alter any existing roads ; also to enter and take any gravel, timber, stone, and other materials required for the construction of any bridge or road and also to enter upon any land for the purpose ol cutting any drains that the Chief Commissioner of Lands and Works may think necessary. 1884, c. 16, s. 62. ESTABLISHMENT OF PUBLIC HIGHWAYS.-Sec. 94. Every person desirous, of having a public highway established snail give thir* j P"w to so doin» .'""''''•' Provided (I,», ^ '' "arching '"■Mor or Uam 1 ?" "" *' G»lin by r«so '" " '""P'"' for am.T""rr' •" "" Pre- o„ a":,",,^' • ■<= "« of Hfr M^i^fr-Hr- J^"" " I'"' "ery ton „. '^ *'' «"ts upon anH ■ " '"''■• Md h -«-^d unrt""""' '«' "^'d o,-" '"f«; of each under the provisions of thi° aC "h"" "" I '^"' «nd in any 302 BRITISH COLUMBIA. I I Crown grant to be issued in pursuance of this act there shall be contained a reservation of the said royalty: Provided that no royalty be reserved on dross or fine slack. 1884, c. 16, s. 72. WHERE COAL 16 RESERVED, SAME GOES TO GRANTEE, SUBJECT TO ROYALTY.— Sec. 98. In all Crown grants heretofore issued, or which may be hereafter is* sued, by which the coal is reserved to the Crown, the coal so reserved shall become the property of the grantees and their assignees, and shall be subject to the royalty by this Act re- served. 1804, c. 94, s. 4. LANDS PROSPECTED UNDER THE COAL PROS- PECTING ACT, 1883.— Sec. 99. Al! lands for which propect- ing licenses have been issued under the "Coal Prospecting Act, 1883," shall, in case the same are purchased under the provisions of this Act, be subject to the royalty hereinbefore reserved. 1884. c. 16, s. 74. RECTIFICATION OF CROWN GRANTS. PROVIDES FOR CANCELLATION OF DEFECTIVE CROWN GRANTS AND ISSUE OF CORRECTED ONES IN LIEU THEREOF.— Sec. 100. Wherever a Crown grant has been issued to or in the name of the wrong party, through mistake in the Lands and Works Department, or contains any clerical error or misnomer, or wrong description of the land thereby intended to be granted, the Lieutenant-Governor in Council may direct the defective Crown grant to be canceled, and a correct one to be issued in its stead, which corrected Crown grant shall relate back to the date of the one so can- celed and have the same effect as if issued at the date of such canceled Crown grant: Provided, however, that no such Crowr grant shall be issued until after three months' notice of the iruention to issue the same shall have been published in the British Columbia Gazette, and in one newspaper cir- culating in the district wherein the land is located for which the Crown grant is sought: and in the event of an adverse claim being filed with the Chief Commissioner of Lands and Works in the njeantime, the same shall be adjudicated upon by him. 1884, c. 16, s. 55. pei or stiti pass seizt but Stipe to a sumiT] vided, sunini< diet 01 s. 36. SUA Magistr ^ve perj non-attei power to CROWN ijiNDs ACTIONS OF KTur-,.,. *" EJECTMENT BY SUM Jf„^^^ ^'"' TRESPASS person tawfullv ~. *"MMARY PR0CE<3« e »titu.e and \k^ ""''*' *» Act, mil ,T "" P'-«-emp« FALSE STA^t^Jl^^^^ MAY ADMt«,o' °- '"' '• »• ""» as afoMMid- Jj *'• "' any person T '" »' «'»'"« solemn decl.!!« ^''""' «to writing h '""•™"t made by fkW Con,„i„T„ "'*«""«« before .„y°*^" "'"o" who upon conviction .i ... """""xl guilty of. ^ ™aterial docu. <'y »l.ichTe7, 't '" '«"'«. at t ,e d ,'„?""'""««"or. and °- hundr^* doir,"'"''- '° "• ««« Permitted t^ / *" P'®' I'^^ore the th-1 . ^'^^ Purchase be carried V Purchase the two, but L^?'"'^ September, eightee ' h ^V"'^'*^''^" «" or ^^'orks ban h '' '"' ^' *»»« Chie^Com^W '' ""' "'"^^y »•>« purcha" f'^"^"^ *^«* b« forTj °""' "' ^*«d« and . ,/ -- .o.d have been alJed t p-^e'd^ ^^^^ A. ! L 310 BRITISH COLUMBIA. I. SCHEDULE Form No. 1. "LAND ACT." Declaration of Intention. (Sec. 5.) « of , a subject (or citizen) of do solemnly and sincerely declare, that it is honestly my intention to become a British subject, and to re- nounce forever all other allegiance and fidelity to all and any foreign prince, potentate, state, and sovereignty whaiaoever; and I make this declaration by virtue of the "Evidence Act, xS04." Declared and signed before me, this day of 18 , (fty the declarant. Signature of Declarant. Commissioner or J. P. 1884, c. 16, Sell., Form i; 1896, c. 28, s. 9. Form No. 2. ' "LAND ACT." Declaration. (Sees. 7 S' 8.) District of I, of , do solemnly and sincerely de- clare that the land for the record of which I have made appli- cation, dated the day of > 18 , is unoccupied and ■unreserved Crown Land, within the meaning of the "Land Act," and is not an Indian settlement, or any portion thereof; that I have staked off and marked such land in accordance with the provisions of the "Land Act;" that my application to record is not made in trust for, on behalf of, or in collusion with, any other person or persons, but honestly on my own behalf for settlement and occupation; and I also declare that I am duly qualified under the said Act to record the said land; and I make thiii solemn declaration conscientiously believing the same to be true, and by virtue of the "Evidence Act, 1894." Declared and subscribed by the within nahied > oti the day of , A. D. 18 , before me. Signatu<-e of Declarant. Commissioner or J. P. 1884, c. 16, Sch., Form 2; 1896, c. a8, s. 9. CROWN LANDS. 311 Form No. j* "LAND ACT.*' Certificate of Pre*emption Record. (Sec. la.) Original (to be retained by settler.) No. in District Register. District of Name of pre-emptor Date of record Number of acres Where situated Description of boundaries of claim The above boundaries are subject to confirmation with and rectification upon official survey. Signature of Commissioner. N. B. — Plan of the claim to be drawn on the back of this sheet. 1884, c. 16, Sch., Form 3. Form No. 4. "LAND ACT." Certificate of Improvement. District of I hereby certify that has satisfied me, by the evi- dence of (* ), that of , has been in occupation, as required by the "Land Act," of his pre-emption claim, recorded as No. in this district, from the date of such pre-emption record to the present time, and that he has made improvements amounting in the aggregate to two dollars and fifty cents an acre on such pre-emption claim. Surveyed and numbered on the official map Signed this day of 1 A. D. 18 . Commissioner. 1884, c. 16, Sch., Form 4. *Naming the witnesses and describing their and any other evidence upon which the Commissioner has come to his judg* mtnt. ' i^.ig*A* ^.l 31a BRITISH COLUMBIA. Form No. 5. "LAND ACT." Declaration. (Sec. 22.) District of We, of , do solemnly and sincerely declare as follows: — And, firstly, I, the said , for myself declare that I have been in the occupation of my pre-emption claim from the date of the record thereof, and have made permanent improve- ments thereon amounting in the aggregate to two dollars and (itty cents per acre of the whole land.* And, secondly, we , for ourselves, declare that the above-named has made permanent improvements on his pre-emption claim, amounting in the aggregate to two dollars and fifty cents per acre of the whole land, the details whereof are correctly set forth by the said And we make this solemn declaration, conscientiously be- lieving the same to be true, and by virtue of the "Evidence Act, 1894." Declared and signed by the within named on the day of , A. D. 18 , before me Commissioner or J. P. Declared and signed by the within named * day of , A. D. 18 , before me Signature of Declarant. on the Signature of Declarant. Commissioner or J. P. Declared and signed by the within named day of , A. D. 18 , before me on the Signature of Declarant. Commissioner, or J. P. 1884, c. 16, Sch. Form 5. 1896, c. a&, s. 9. *Here set out fully in detail the nature of the improvements. 1 1 I- yjj " y. |i?gBBaB5ecgsg mii ' iuu.|gi i M " - g i«iCW 'Wi - | ^^^^ CROWN LANDS. ■Form No. 6. "LAND ACT." .Declaration. I, ^ ^^ District of '' ^'*' ^'^^^"^ -'^-h has been survey'ed'as''" '"' ^^^•- i-e lan. ...H X c.i. b. virtue o. a recor. date. tHe"^^'- the present ti^e!' ' '^^^ *^^ '^ of the '^ai^ ecord ./Z ^•ef n A"he 'sare'Vt iZ^'V^T'''^''' conscientious,, be Ac^ :88,." ''-^' and by virtue of the "Evidenee Declared and signed by ' i8 . before me. ' °" *^^ day of Signature of D^dH^t. Commissioner, o- T P - ■«. Sch., F„™ ,. ^ /-^P. ^ ^ Form No. 7. L. S. (RoyaJ Arms.) Province of British Columbia. No. " "■" P""' " lo. of land ,i,„„e ""'" ""^ "- ;"«)' of the ..irt ""'' '"'■»!'"«1 on ,h. official plan »-'- ".e premise, hereby ^n't^J^h 1 !"'' "' "' '"" • "^"n their appurtenances, 3Ji ='4 I - ." If f-i ^, Jt4 BRITISH COLUMBIA. , h heirs and unto the said , b heirs and assigns, forever. Provided, nevertheless, that it shall at all times be lawful for Us, Our heirs and successors, or for any person or persons acting in that behalf by Our or their authority, to resume any part of the said lands which it may be deemed necessary to resume for making roads, canals, bridges, towing paths, or other works of public utility or convenience, so nevertheless that the lands so to be resumed shall not exceed one-twentieth part of the whole of the lands aforesaid, and that no such re- sumption shall be made of any lands on which any buildings may have been erected, or which may be in use as gardens or otherwise for the more convenient occupation of any such buildings. Provided, also, that it shall at all times be lawful for Us, Our heirs and successors, or for any person or persons acting under Our or their authority, to enter into and upon any part of the said lands, and to raise and get thereout any minerals, precious or base, other than coal which may be thereupon or thereunder situate, and to use and enjoy any and every part of the same land, and of the easements and privileges thereto belonging, for the purpose of such raising and getting, and «very other purpose connected therewith, paying in respect of such raising, getting, and use, reasonable compensation. Provided, also, that there shall be, and there is hereby re- served to Us, Our heirs and successors, a royalty of five cents upon and in respect of each and every ton of coal raised or gotten frotn the lands hereby granted. Provided, also, that it shall be lawful for any person duly authorized in that behalf by Us, Our heirs and successors, lo take and occupy such water privileges, and to have and enjoy such rights of carrying water over, through, or under any parts of the hereditaments hereby granted as may be reasonably required for mining or agricultural purposes in the vicinity of the said hereditaments, paying therefor a reasonable com- pensation to the aforesaid , h heirs and assigns. Provided, also, that it shall be at all times lawful for any person duly authorized in that behalf by Us, Our heirs and successors, to take from or upon any part of the hereditaments hereby granted, without compensation, any gravel, sand, stone, Her Legislati acts as "SUR General,' «>n holdi V\HO person si unless he veyor acc< a'Jthorized then in ^ Surveyor ^ a penal •° authorii ^^' Provin, I^ERSOJ ^fovided. h ^ prevent ^"«er. and CROWN LANDS. ince of British CoI.,«,k- ' ''•"•*"»«Goveraor ^T^ . and in the . ' °^"'"' ''^t hundred ^BJ- Coaman/"' <" Our reign. S« -Sw, c. ,9. , - ^7*' «• •<• Sch., Form ,• .a., '. .n ce o, ,.„,, hei„/i/*'-„^ -• Legislative Ass*mKi ? ^''^ ^^^ advice anH '%;;;°"°-^^^^^ " """" "^"- cShi:. *' SUR VEYOR-GENTPP AT ., -o'i:nr.reT«ei' ^?S I" - --r:e.?r- V^ HO MAY ACT AC """ ''^'"^- P'" P^^son Shan act i; s, ^^^^ SURVEYOR c ''"'ess he has been dul '^''^r °^ ^^nds w^^thfn Vk?""* ^' ^^'^ ^••ithorized before th ^'^^^^'^ns of this aI. *' f ^^"^ Sur- ^n in force and ''"'''"^ *^ereof acc^ri """ ^^** ^^«« so ''' Province of Briti " ^''^ '^ ''^'^-incialLnf'''- ^'^"o«s PERSONS irnr^ Columbia." ^^"^ Surveyors of 3s such from f: i ! I ! 3i< BRITISH COLUMBIA. Any British or Canadian University or chartered Institute of Engineers, or from any British or Canadian Civil Engineer or firm of British or Canadian Civil Engineers of repute, from making such surveys as may be incidental to works of con- struction upon which he may be employed; and plans of such surveys prepared and certified, by him shall be authoritative and admissible, when necessary, to public record. And such Civil Engineer shall be entitled to practice as a Provincial Land Surveyor when he shall have presented such credentials to the Board of Examiners, or shall have otherwise satisfied the Board that he is qualified to practice as a Civil Engineer in some part of Her Majesty's dominions, and shall have fur- nished proof to them that he is possessed of a proper knowl- edge of the Provincial system of land surveys, and has resided in the Province for one year immediately preceding his appli- cation for admission. 1897, c. 22, s. 3. BOARD OF EXAMINERS. BOARD OF EXAMINERS. Sec. 3. There shall be a Board of Examiners for the examination of candidates for ad- mission to practice as Land Surveyors in the Province of Brit- ish Columbia; such Board shall consist of the Surveyor-Gen- eral and five other Provincial Land Surveyors to be appointed from time to time by the Lieutenant-Governor in Council, and to meet at the office of the Chief Commissioner of Lands and Works on the first Monday in each of the months of April and October in every year, unless such Monday be a holiday, in which case they shall meet on the next ensuing day not being a holiday, and may adjourn such meeting from time to time as they deem it necessary. OATH OF OFFICE. Sec. 4. Each member of the said Board shall take an oath of office according to Form A in the .Schedule to this Act, to be administered by a Judge of the Supreme Court or a Judge of the County Court, and three of such members shall form a quorum. SECRETARY OF BOARD. Sec. s- The said Board, or a majority thereof, shall from time to time appoint a fit and proper person to be Secretary of such Board, who shall at- tend the sittings thereof and keep a record of its proceedings. QVAl Sec. 9. I titled to veyor unl ^or and d tides in ^"Jy execi Land Sur^ «'ar and years' ser t'ce in th 3s to his Land Sur CROWN LANDS ARTICLED PUPILS articled shall • ^ lamination as puoil, 1 • ^' ^^''- 7- for examination, aid sLi. '"^^^ntion to present th. f^' ^- receiving at^d enteH " ''^ .'° *'^ SecretarHf hr^ !? scribed. « entenng such notice thefee herdn . EXAMINATION FEES Q o '"^^'" ^^"^ for and T' ^ ^^" Previously served l i?'"^^ ^"^ Sur- *^cles in tnw''' ^'^^ °^ 'h'e u Jefst ^ -^ faithfully ^^ dominion of Canada .f<^ rS^'li 3i8 BRITISH COLUMBIA. i may, by an instrument in writing, transfer a pupil with his own consent to any Provincial Land Surveyor in the Province of British Columbia, with whom such pupil may serve the re- mainder of his term and the time that such pupil has served with such a Land Surveyor of any other Province shall be deducted from and count as part of the term of three years mentioned in this Act. PROVISO. Provided that if any candidate for admission as a Provincial Land Surveyor can show to the satisfaction of the Board of Examiners, by certificate from authorized Sur- veyors, that he has, prior to the passage of this Act, served regularly, though not under written articles, as an assistant of such authorized Surveyor or Surveyors for a full period of three years, incltfding at least twelve months' actual practice in the field, he shall be entitled to present himself to be ex- amined for admission as a Provincial Land Surveyor: Pro- vided also that it shall not be necessary for any candidate for admission as a Provincial Land Surveycr, who may have served regularly under articles for a term of three years with a Surveyor in regular practice in any of Her Majesty's do* minions other than Canada, to serve the said term of three years under a Provincial Land Surveyor of this Province, but he may present himself for examination for his final certificate after serving one year (of which six months must have been in the field) with a Provinfcial Land Surveyor of this Province, but he shall also produce satisfactory testimony as to his char- acter for sobriety and probity. IF SURVEYOR DIES ARTICLES MAY BE COM- PLETED WITH ANOTHER SURVEYOR. Sec. lo. If any Provincial Land Surveyor dies, or leaves the Province, or is suspended, or has his commission canceled, his pupil may complete his term under articles as aforesaid with any other Provincial Land Surveyor of the Province of British Columbia. CASE OF PERSONS HOLDING CERTIFICATES OF SOME OTHER PROVINCE. Sec. ii. Any person who shall have been duly qualified before the passing of this Act, by certificate, diploma, or commission, to survey Crown lands in any other of the Provinces of the Dominion of Canada, or who may hereafter become so qualified, and in which, in order to be so qualified, a course of study, including the subjects pre! or 1 a P bia bcinj syste Britii C> SOM IONS veyor mJnioi ments to be 'n this the sys of Briti CAS LEGES uJar coi by this through college course ^rom su< ?ree vou years as one year' "•'^yoT, su< ^'ce in th XOTIC CANDia examined ^and Surv «t least or ^'ous to th transmit th C^'^OWN LANDS prescribed by this Act U ■ ' 9tp •"'■"e subjected^ '' '"^ "■• 't™ .fo,~ - ""'' '^■"•""• British CoCbT °' "•• ''"^'"C"' >.nd. or,hV ^".'" "•• CASE OP PER« be SIh f""°""' "■• "ie- one year's :"wee'nd' "■"" "' ""tW te «„• ""' '"ree «yor. such r.™ ''"' »"i<:'M wilh a b ^'""""Mion after ^- i^r fi:r' ^° -'-^^e at iea:^i/;~^i:^^ '"^• CANDIDATF^ /LAMINATION TO Pi? ^ -- s ~- V?-" «sr^ S"S' r"S ."f*' «ch candidate shalTn "' "' ''•'°" beine so . ' — »n fee hr„,?;: rcHbt^— "' '^^ ^ 3M BRITISH COLUMBIA. WHO MAY RECEIVE COMMISSION AS PROVIN- CIAL LAND SURVEYOR. Sec. 16. No person shall, unless he is thereto entitled under any other clause of this Act, re- ceive a commission from the Government authorizing him to practice as a Provincial Land Surveyor, unless he has complied with the foregoing provisions of this Act, nor until he has at- tained the full age of twenty-one years and has passed a satis- factory examination before the Board on -the following sub- jects, viz.: — Plane and solid geometry; spherical trigonometry, so far as it includes the solution of triangles; the use of loga- rithms; measurement of areas, including their calculation by latitude and departure; and dividing or laying off lands; a knowledge of the elements of practical astronomy, and the solu- tion of the following elementary problems: — (a.) To ascertain the latitude of a place, from an observa- tion of a meridian altitude of the sun or of a star. (b.) To obtain the local time and azimuth, from an ob- served altitude of the sun or a star (r.) From an observed azimuth of a circumpolar star, when at its greatest elongation from the meridian, to ascertain the c of ordinary surveying instruments; and shall also be per- fectly conversant with the system of survey as embodied in the Land Acts and the law regufiing the registration of plans in the Province of British CoUimbia. PERSONS WHO HAVE ALREADY SERVED OR PASSED CERTAIN EXAMINATIONS MAY BE AD MITTED. Sec. i6a. Notwithstanding anything in the "Pro- vincial Land Surveyors' Act, 1891," any person who shall have passed the examination for and served two years in any of Her Majesty's surveys, or as an officer in Her Majesty's Royal Engineers, or who may have served regularly under articles for a term of two years with a Surveyor in regular practice in any of Her Majesty's Dominions, or who has been in the active employ of any chartered railway company in this Prov- CROWN LANDS. mce ^AXVDS. PERSON • Rpr^r.rr «PP'«nt.ce.hip. and rcQuired tn «/ • • Examiners, who .•. i. ? "°'"* any WHERE DEPOSITPn ' "° , A register o/ a^r' '^'' «'"k»- " °' "" ^hief FEES TO BE p ' ^°"''' ''°<' Work,. *' °«« <" 'he '""owinir fc« shaU b? . ^"^ ^»E BOARD , dollars. '*^"'^* ^^'^ examination before k- ^^'^ °" ^'^'"^ rfi.) To the S ^"'"^ ««^<^'<^d. two 323 BRITISH COLUMBIA. 'I i!^ w (fi.) To the Secretary of the Board, as an admission fee, by any candidate receiving a commission, thirty dollars. All the above fees shall be paid over to the Chief Commis- sioner of Lands and Works to the credit of the Consolidated Revenue Fund. WHEN BOARD MAY SUSPEND LICENSED SUR- VEYORS. Sec. 20. A Board, consisting of the said Board of Examiners, may in its discretion suspend for such a time as it shall think fit, or cancel the commission of any Provin* cial Land Surveyor whom it finds guilty of gross negligence or corruption in the execution of the duties of his office; but such action shall not be taken without such surveyor having been previously summoned in order to be heard in his defense, nor until the Board has heard the evidence offered, both in support of the complaint and on behalf of such surveyor; and if after bei^ig summoned as aforesaid the surveyor does not appear, the above-mentioned board may appoint a fit and proper person to present the evidence on behalf of the sur- veyor. SURVEYORS' CHAINS TO BE CERTIFIED BY FED- ERAL AUTHORITIES. Sec. 20a. Every Land Surveyor duly admitted to the profession, and practicing in this Prov* ince, shall, under penalty of forfeiting his license or certifi- cate, procure and cause to be examined, corrected, and stamped, or otherwise certified by the Federal authorities, a standard measure of length, and every such Surveyor shall, previously to using a chain for surveying, verify by such standard the length of his chains. 189a, c. 27, s. 4. RECOVERY OF PENALTIES. Sec. 21. Any penalty re- coverable under this Act may be recovered by way of sum- mary proceedings before any single Justice of the Peace hav- ing jurisdiction in the locality in which the offense was com- mitted, and every such penalty may, together with the costs of conviction, be levied by distress and sale of the goods and chattels of any offender, and in case such goods and chattels shall prove insufficient to satisfy such penalty and costs, then by imprisonment of such person so offending, for any term not exceeding one calendar month. SHORT TITLE. Sec. 22. This Act may be cited as the "'Provincial I^and Surveyors* Act, i8gi." CROWN LANDS. sas SCHEDULE. FORM A. (Section S-) OATH OF MEMBER OF BOARD OF EXAMINERS. I, .of , having been appointed a member of the Board of Examiners for the admission of Provincial Land Surveyors for the Province of British Columbia, do sincerely promise and swear (or affirm, as the case may be) that I will faithfully discharge the duties. of such o^ce without favor, affection, or partiality; so help me God. Sworn before me, , at , this day of . iH • FORM B. ARTICLES OF PUPIL TO PROVINCIAL LAND SUR- VEYOR. day of , between A. B., of These Articles of Agreement, made the one thousand eight hundred and of , Prov.-uc'al Land Surveyor, of the one part, and C. D., of , and E. F., son of the said C. D., of the other part, witness: — That the said E. F., of his own free will, and by and with the consent and approbation of the said C. D., doth, by these presents, place and bind himself pupil to the said A. B.. to serve him as such from the day of the daie hereof, for and during and until the full end and term of three years from hence next ensuing, and fully to be completed and ended. And the said C. D. doth hereby, for himself, his heirs, exec- utors and administrators, covenant with the said A. B., his executors, administrators and assigns, that the said E. F. shall well and faithfully, and diligently, according to the best and utmost of his power, serve the said A. B. as his pupil in the practice or profession of a Provincial Land Surveyor, which he. the said A. B., now followeth, and shall abide and con- tinue with him from the day of the date hereof, for and dur- ing and unto the full end of the said term of three years. And that he, the said E. F., shall not, at any time during^ -'. -Am V 4-," • >n I I 324 BRITISH COLUMBIA. such term, cancel, obliterate, injure, spoil, destroy, waste, embezzle, spend or make away with any of the books, papers, writings, documents, maps, plans, drawings, field«notes, moneys, chattels, or other property of the said A. B., his ex- ecutors, administrators pr assigns, or of any of his employers; and that in case the said £. F. shall act contrary to the last mentioned covenant, or if the said A. B., his executors, admin- istrators or assigns, shall sustain or suffer any loss or damage by the misbehavior, neglect, or improper conduct of the said E. F., the said C. D., his heirs, executors, or administrators, will indemnify the said A. B., his executors, administrators or assigns, and make good and reimburse him or them the amount or value thereof. And further, that the said F,. F. shall at all times kee^ tl secrets of the said A. B. in all matters relating to the h. business and profession, and will, at all times du''ag the said term, be just, true and faithful to the said A. B., in all matters and things, and, from time to time, pay all moneys which he shall receive of or belonging to or by order of the said A. B. into his hands, and make and give true and fair accounts of all his acts and doings whatsoever in the said business and pro- fession, without fraud or delay, when and so often as he shall thereto be required; and will readily and cheerfully obey and execute his lawful and reasonable commands, and shall not depart or absent himself from the service or employ of the said A. B. at any time during the said term, without his consent first had and obtained, and shall, from time to time, and at all times during the said term, conduct himself with all due dili- gence and with honesty and sobriety. And the said E. F. doth hereby, for himself, covenant with the said A. B., his executors, administrators and assigns, that he, the said E. F., will truly, honestly and diligently save the said A. B. at all times, for and during the said term, as a faithful pupil ought to do, in all things whatsoever in the man- ner above specified. In consideration whereof, and of 1' iawfu! money by the said C D. to the said A. B. paid at or before the sealing and delivery of these presents (the receipt whereof] is hereby acknowledged), the said A. B., for himself, his heir? executors and administrators, doth covenant with the said Cj D., his heirs, executors and administrators, that the said A. B- is ^^^ Board *''« office iste, otes, I ex- yers; last invin- image i said rators, [>rr> or ii the ve ^* tie said matters hich he i A. B- ts of all md pro- I he shall bey and [hall not the said consent A at all [due dili- [atit with jns, that kly se.ve Irra, as » [the man- lawful ,r before whereol Ihis heir^ ] said C' ud A. B' CROWN LANDS. sn will accept and take the said E. F. as his pupil, and that he, the said A. B., will, by the best ways and means he may or can. and to the utmost of his skill and knowledge, teach and instruct, or cause to be taught and instructed, the said £. F. in the course of study prescribed by section i6 of the "Pro- vincial Land Surveyors' Act, 1891," in practical surveying operations, and in the use of instruments, and generally in the art, practice and profession of a Provincial Land Surveyor, which he, the said A. B., now doth, and shall, at all times dur- ing the said term, use and practice, and also will provide the said E. F. with all the necessary and reasonable expenses in- curred in transacting or performing the business of the said A. B., and also will, at the expiration of the said term, use his best means and endeavors, 9. the request, cost and charges of the said C. D. nnd E. F., or either of them, to cause and pro- cure him, th« said E. F., to be examined before the Board of Examiners of candidates for commissions as Provincial Land Surveyors: Provided the said E. F. shall have well, faithfully and diligently served his said intended pupilage. And for the true performance of all and ever/ the cove- nants and agreements aforesaid, according to the true intent and meaning thereof, each of them, the said A. B. and C. D. doth bind himself, his heirs, executors and administrators, un- der the other, his heirs, executors, administrators and assigns. in the penal sum of five hundred dollars, firmly by these pres- ent': iii uv'ftness whereof, the parties aforesaid have hereunto set 'i' lir.nds and seals, the day and year first above written. A. B. (Seal.) P Signev > s'nled and delivered C. D. (Seal.) in the presence of E. F. (Seal.) G. H., J. K. FORM C. COMMISSION AS PROVINCIAL LAND SURVEYOR. ''^his is to certify to all to whom it may concern that '^ hath duly passed his examination before tli^ Board of Examiners, and hath been duly qualified to fill 'he office and perform the duties of a Provincial Land Sur- m 3*6 BRITISH COLUMBIA. m ill; veyor in and for British Columbia, he having complied with all the requirements ot the law in that behalf; wherefore he, the said , is hereby duly admitted to the said office, and commissioned for the discharge of the duties thereof, and is by law authorized to practice as a Surveyor of Provincial land in British Columbia. In witness whereof, we, the President and Secretary of said Board, have signed this commission at on this day of , x8 . President. Secretary. 1888.— CHAPTER 109.-51 VICTORIA. AN ACT RESPECTING THE OFFICIAL SURVEY OF LANDS. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, en- acts as follows: ORIGINAL BOUNDARY LINES. BOUNDARIES PLACED UNDER THE MJTHORITY OF THE GOVERNMENT TO BE DEEMED THE TRUE ONES, &c. Sec. i. All boundary lines of townships, ranges, sections, or legal subdivisions of sections, blocks, gores, lots and commons, surveyed and run; and all mounds, posts, or monuments, marked, erected, placed or planted at the angles of any townships, ranges, sections, or other legal subdivisions, blocks, gores, lots, commons, or other parcels of land, under the authority of the Government heretofore or hereafter, shall be the true and unalterable boundaries of such townships, ranges, sections, or other legal subdivisions, blocks, gores, lots, commons, or other parcels of land respectively, whether the same, upon admeasurement, be or be not found to contain the exact area or dimensions mentioned or expressed in any patent, grant, or other instrument, in respect of any such township, range, section, or other legal subdivision, block, gore. lot. common, or parcel of land. 1886, c. ao, a. i. ON C lines be stn '"? PC the offi Here in AS : Every j; ^''Quot J gore, Co! 3 grant < tain on *''3n thai m. c. CASES 5- In aljl f^J- dividl '^Jfa' subj "'onumentl ^°"nd. he f ^^ admitJ ^« same [ iJ'^o'- shall ,J«Puted ml ^*"ce inti P'^'sions (a ^'"al s«, n 'ntendc CROWN LANDS. TOWNSHIPS «► Trv ^ INCLUDED w'lTHm rUK^^^l^^ ^^^ ™E SPACE tv.ry township. ,ec,to^ „^"f/K BOUNDARIES. S« f eore, common, lot or „»„ T , *" '««»■ subdivision m u width inc.ud«^ be wwn*"^"' •" "l* """ ~»»is. o "h. "hi" «r bo„„da,i« r„p::Zy'soZ"L"""'-'t ■""'• "-•■-». 'd by the authority aforesaid « .1 ' """''«'• P'««d or pl«, DIVISION LINES Tr> ^<,.. "' ON OPPOSITE Sioi OF B?n^^^^^O'^D WITH LINES --r«i- r-'- --"i- ^^rS «- '"ended to be on th?Lme°:.A « t"!' '"' ^"^ P-s ^ AS TO ALIQUOT parts Z "*' " "' '■ '' Every patent, grant or in«r„Ll,?^ TOWNSHIPS. Sec 4 *'as"* * """'■ '""' °"'~«" «Ep'LS%Ho°UND™p^«^Ov^°^'^ °« MONU. f tie sam? '«specting such sid/Zl ^"^ "^*"'* ^^ the ^^nded m such original survey ?,\ P'°Portionate to "rvey. as shown on the plan# Il ' > 3:28 BRITISH COLUMBIA. ri:i ■.'■'1 ■'till'! and field-notes thereof of record in the office of the Chief Commissioner of Lands and Works; and if any portion of the township, range or section line (as the case may be) on which such corner, mound, post, or monument was or should have been planted in the original survey, should be obliterated and lost, then the Surveyor shall run a line, similar to that shown on the original plan and field-notes, between the two nearest points or places where such line can be clearly and satisfac- torily ascertained, and shall plant all such intermediate posts or monuments as he may be required to plant in the line so ascertained, giving the exact width to any allowance for a road or roads set out in such original survey; and the comer or di* vision, or limits, so found, shall be the true comer or division, or limits, of such lot, section, or other legal subdivision. 1886, c. 30, s. 4. SUBDIVISION LINES. LAYING OUT SUBDIVISIONS, WHEN LAND SUR- VEVrn IN SECTIONS ONE MILE SQUARE. Sec. 6. In all cases when a Land Surveyor is employed to lay out a given half-section or quarter-section, where the land has been sur> veyed into sections of one mile square, with quarter-section posts placed upon the section lines every forty chains, he shall effect the same by connecting the opposite original quarter- section corners (should the same be existing, or if the same be not existing, by connecting the several points in liea thereof found in accordance with the preceding section) by straight lines; and in laying out other and minor legal subdivi* sions in any quarter-sections, he shall give such legal subdivi- sion its proportionate share of the frontage and intermediate breadth of such quarter-section, and connect the points so found by a straight line, and the lines or limits so drawn as above on the ground shall in the respective case be the true lines or limits of such half-section or quarter-section, or other legal subdivision, whether the same shall or shall not corre* spond with the area expressed in the respective patents for such lands. CROWN LANDS. 8 S5 Q"^«THR Sbction. i9^« 8' 19.91 i?.96Ji '8 f8 30.03 20.02 I 8 3O.02 _30.0J ^ ^ 30.I2 20. 1 2 80.48 20.13 20.12 . * 330 BRITISH COLUMBIA. ASCERTAINING DOUBTFUL POINTS. SURVEYORS MAY ADMINISTER OATHS FOR CER- TAIN PURPOSES. Sec. 8. For better ascertaining the orig- inal corner or limits of any township, section, or other legal subdivision, lot, or tract of land, every Provincial Land Sur- veyor acting in that capacity, may administer an oath or oaths to each and every person whom he may examine concerning any comer, mound, post, monument, or other boundary or any original landmark, line, limit, or angle, of any township, section or other legal subdivision, lot or tract of land which such Provincial Land Surveyor is employed to survey. 1886, €. 20, S. 0. THE COURSE TO BE ADOPTED BY SURVEYORS TO ASCERTAIN THE BOUNDARY LINE WHEN DOUBTFUL, &c. Sec. 9. When any Provincial Land Sur- veyor is in doubt as to the Irue corner, boundary or limit of any township, section, lot, or tract of land which he is em- ployed to survey, and has reason to believe that any person is possessed of any important information touching such comer, boundary or limit, or of writing, plan or document, tending to establish the true position of such corner, boundary or limit, then if such person does not willingly appear before and be examined by such Land Surveyor, or does not willingly pro- duce to him such writing, plan, or document, such Provincial Land Surveyor may apply to any Justice of the Peace for an ordinary subpoena as witness, or a subpoena duces tecum, as the case may require, accompanying such application by an affidavit or solemn declaration to be made before such Justice oi the Peace of the facts on which the application is found- ed; and such Justice may issue a subpoena accordingly, com- manding such person to appear before the Provincial Land Surveyor at a time and place to be mentioned in the subpoena and (if the case require it) to bring with him any writing, plan, or document, mentioned or referred to therein. HOW TO BE SERVED, (i.) Such subpoena shall be tierved on the person named therein by delivering a copy there- of to him. or by leaving the same for him with some grown person of his family at his residence, exhibiting to him or snch ^own person the original. CROWN LANDS. 331 CONSEQUENCE OF DISOBEYING, (a.) If the person commanded to appear by such subpoena, after being paid his reasonable expenses, or having the same tendered to him, re> fuses or neglects to appear before the Surveyor at the place and time appointed in the subpoena, or to produce the writing, plan or document (if any) therein mentioned or referred to, or to give such evidence and information as he may possess touching the boundary or limit in question, a warrant by the Justice for the arrest of such person may be issued, and he may be punished accordingly by fine not exceeding one hundred dollars, or imprisonment not exceeding ninety days, or both, in the discretion of such Justice. 1886, c. ao, s. 10. EVIDENCE TAKEN BY THE SURVEYOR TO BE RE- DUCED TO WRITING AND SIGNED. Sec. 10. All evi- dence taken by a Provincial Land Surveyor as aforesaid shall be reduced to writing, and shall be read over to the person giving the same, and be signed by such person; or if he cannot write, he shall acknowledge the same as correct before two wit> nesses who shall sign the same, as also the Provincial Land Surveyor, and such evidence shall, and any document or plan prepared and sworn to as correct before a Justice of the Peace by any Provincial Land Surveyor with reference to any survey by him performed, be annexed to the field-notes of such sur- vey, and be deposited in the office of the Chief Commissioner of Lands and Works or Surveyor-General. 1886, c. 20, s. 11. PROTECnON TO SURVEYORS. WHEN LAND SURVEYORS MAY PASS OVER PRI- VATE LANDS. Sec. 11. Any Provincial Land Surveyor when engaged in the performance of his duties as such, may pass over, measure along, and ascertain the bearings of any township, range, or section line, or other Government line, and for such purposes may pass over the lands of any person i whatsoever, doing no actul damage to the property of such [wrson. 1886. c. ao, s. la. PENALTY FOR OBSTRUCTING LAND SURVEYORS I IN THE EXECUTION OF SURVEYS. Sec. la. If any person or persons, in any part of this Province, interrupts. M io* BRITISH COLUMBIA. molests or hinders any Land Surveyor, while in the discharge of his duty as a Surveyor, such person or persons shall, upon conviction thereof before any Justice of the Peace, be punished either by fine or imprisonment, or both, in the discretion of such Court, such imprisonment being for a period not exceed- ing one month, and such fine not exceeding twenty dollars, without prejudice to any civil remedy which such Surveyor or any other party may have against such offender or offend- ers in damages by reason of such offence. 1886, c. ao, s. i3> 1887; c. 28, s. 2. 1897.— CHAPTER 21.— 60 VICTORIA. AN ACT FOR THE REMOVAL FROM CROWN LANDS OF PERSONS UNLAWFULLY THEREON. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, en- acts as follows: SHORT TITLE. Sec. i. This Act may be cited as the "Crown Lands Trespassers' Act, 1897." SUMMARY APPLICATION BY C. C. OF L. & W. TO REMOVE TRESPASSERS ON CROWN LANDS. Sec. 2. When any person is wrongfully or without lawful authority in possession of any public land and refuses to vacate or aban- don possession of the same, the Chief Commissioner of Land.* and Works, or any officer or agent of the Department of Lands and Works authorized by the Chief Commissioner for that purpose, may, upon affidavit of the facts, apply to the County Judge of the County, or any Stipendiary Magistrate of the District, in which the land lies, for a summons directed to such person calling upon him forthwith to vacate or abandon possession of the said land, or within ten days after sen- ice of said summons to show cause why an order for his re- moval should not be made, and if upon return of the summons it shall appear that he has not vacated or abandoned posses- sion, or he shall not show good cause to the contrary, the Judge or Stipendiary Magistrate shall make an order for the summary removal of such person from such land and such or- der shall be executed by the Sheriff, or any Bailiff, or Con- stable, or other person to whom it shall be delivered. PI 5. A] orden ieit in under thereol two 01 'ess th costs. Prisoni but in costs aj return "nposec convjctil 'ess thai *^osts, ai to 'nipril and he finue in INTI ^ W'arranI ^^ HabJe «''th or ''' in thj CROWN LANDS. 33i W. TO Sec. 2- lority in jr aban- ,{ Land? ii Lands for that County of tbe ected to abandon Iter serv- er bis re- I summons id posses- ,-ary. *V |r for the such or- or Con- SERVICE OF SUMMONS, &c. Sec. j- It shall be suf. iicient service of the summons if a copy thereof be left with any grown up person found on the land and another copy be put up in some conspicuous place thereon, and where no grown up person is found on the land, if a copy be put in each of two such conspicuous places. REMOVAL OF TRESPASSER BY OFFICER. Sec. 4- The officer to whom any warrant is addressed under the pro* viiiions of this Act shall forthwith remove the person named therein from Crown lands, and in the execution of the warrant, shall have all the powers, rights, immunities and privileges enjoyed by a sheriff or Constable or other peace officer in the execution of his duty. PENALTY FOR REMAINING OR RETURNING. Sec. 5. Any person remaining upon Crown lands after having been ordered to leave the same, or returning thereto after having left in obedience to a summons, or after having been removed under warrant as aforesaid, shall, upon summary conviction thereof before a Stipendiary or Police Magistrate, or before any two or more Justices of the Peace, be liable to a fine of not less than twenty dollars or more than one hundred dollars and costs, and in default of payment of such fine and costs, to im- prisonment for a term not exceeding three calendar months, but in case such person so convicted shall pay such fine and costs and continue in possession of such Crown lands, or shall return thereto after having served any term of imprisonment imposed in default of payment thereof, he shall upon summary conviction thereof as aforesaid be liable to a further fine of not less than twenty dollars or more than one hundred dollars and costs, and in default of payment of such further fine anr' 3«"ts, to imprisonment for a term not exceeding six calendar months, and he shall be similarly dealt with so long as he shall con- tinue in possession after payment of any fine as aforesaid. INTERFERING WITH OFFICER. Sec. 6. Any person resisting, obstructing or interfering with an officer executing a warrant or serving a summons issued under this Act, shall be liable to the same penalties as a person resisting, interfering with or obstructing a Sheriff or Constable or other peace offi- cer in the execution of his duty. li •;: ' i-i' ii if; I' J3t BRITISH COLUMBIA. ASSISTANCE TO OFFICER. Sec. 7. The officer exe- cuting a warrant or serving a summons issued under this Act may take with him all necessary assistance, and shall have the right to demand such assistance in the same manner as a Constable or other peace officer in the execution of his duty may lawfully do. PART VII, BRITISH COLUMBIA. •-ANOS W.THrN KORTV M,.E R^rLWAV BELT BELONGING TO THE DOM,NZON OF CANAD \. PART 7. BRITISH COLUMBIA. DOMINION LANDS FORTY MILE RAILWAY BELT. The ptr.blic lands belonging to the Dominion o! Canada within the Forty Mile Railway Belt in the Province o£ Briti.>h Columbia were ceded to the Dominion by the Province as a donation toward the construction of the Canadian Pacific Railway. The Dominion land law governing said Forty Mile Railway Belt is as fellows: 111 if if DOMINION LANDS WITHIN THE FORTY MILE RAIL- WAY BELT IN THE PROVINCE OF BRITISH AMERICA. REGULATIONS. For the survey, administration, disposal and management of Dominion Lands within the Forty ilile Railway Belt, in the Province of British Columbia, approved by His Excellency the Governor-General in Council, on the 17th September, 1889, in force from and after 13th March, 1890. With addi- tions and amendments provided by Ordem in Council dated, respectively, the 13th November, 1890, the 12th December 1891, the 2ist March, 1892, and the loth November, 1893, and nth July, 1895. INTERPRETATION. Section I. Tlic?e regulations shall apply exclusively to the public lands of the Dominion, within wh}.t is known as the Railway Belt, in the Province of British Columbia, which lands shall be styled and known as Dominion Lands; and the follow- ing terms and expressions therein shall be held to have the meaning hereinaftci assigned them, unless such meaning be repugnant to the subject or inconsistent with the context, that is to say: (a.) The term Minister of the Interior means the Min- ister of the Interior of Canada. (6.) The term Surveyor-General means the officer of the (336) DOMINION LANDS. C" employed Y"/*™' °' Officer „«'„"; "™ ■"""«• '>"•'' ine term Domininn r j « "*^" affent. duly authorized „«^ , ^"^^ Surveyor m-, ^^'^mion lands. ""^ °^*=«' ^n respect to the til k ^' (^•) The term C ^ ' ^^ °" DEPARTMENT OP ttit. , «« of Ca«da, '.'n.tM. ""..:' ^^'" =« of tb. Revised S. , «te„ded "o^h" ■;„K?''f '"" °f 'he offi;era th, '7"'" °' ">e (6 > Tk ""'•'"= '""Is of Can= J. ■ „ '""-eof are herebv 54 of the R- • ?' ^^' S-*' 55, s6, cy ^o ,o "* sub-section there- r u:;L''^o;:^^f:^r^°' ^»Sda'^^■mi.Se'.'"■' .^^h' "n"^-'" «""»'■ CCu^bia. °" ="""" '° "" public latds of Can^da^t' I 5«- 3 The n • ^URVKYS. '-'•-nc^,r;tr,er:t'r" -- -"- aa '°' road purposes. 338 BRITISH COLUMBIA. The sections shall be bounded and numbered as shown by the following diagram: N. W. 31 32 33 34 35 .■'f' 30 29 28 27 26 25 19 20 21 22 23 24 18 17 16 IS 14 13 7 8 9 10 II 12 6 5 4 3 2 I e. s Sec. 4. The lines bounding sections on the east and west sides shall be meridians ; and those on the north and south sides shall be chords to parallels of latitude. Sec. 5. Each section shall be divided into quarter-sectioni I of one hundred and sixty acres, more or less, together with aoj allowance for roads of three acres in each, subject to the pro-] visions hereinafter made. Sec. 6. In the survey of a township, the deficiency or surj plus resulting from convergence of meridians slnall be dividedj equally between all the quarter-sections involved, and the nortbl and south error in closing on the correction lines from th^ north or south shall be allowed in the ranges of quarter-section adjoining, and north or south respectively of the said cor tion lines; excepting in the case of the north and south do ings in those townships between the first correction line the International Boundary or first base line, which error i$ ^OMimON LANDS. be left in the last quartet sec.- * ^ l,ne. «uarte,.sect.on adjoining the said first ha Sec. 7. Th- A- ^' "*s« tions shall ,« ,V'"»«nsions and areas nf • actual measuremi T"' '* rctuZ7\:\^''''''' Quarter-sec Sec. 8. tTS »»1 content.. '''' '^' *«'-«>'or at their than a quarter-«»en*{ * de«cription for Iet*.,o divided LTnJT^''' ^^'^ auction shaU b? ''***"' °^ '«» acres, and su^h T^'r^r^'^^''^^"^' oftXlnTT''^ ^° ^* shown in thT{oSn'^^'^'«'^^-s^ctions shil kJ ''^'^^^luarters such subdivTsLf 7'"*^ **'*^»«. which is ;„^ numbered a» divisions:::"""^ °^ * «cc«on. which stll^e^vU^^ *« «ho. !»tyied legal sub- , The area of anv !«.. i , S. '» l«'ers paten 'Xh!?] r"*""'""' « «bov. „, , , ^« Shan h. '"P™™' of th. survey of = Jf" "gutations: CobmWa bv r"i'/ '" '"« I-ie«X^. Go"""'" '"«''"»^ "-e «yof thet-d'p"* ■"""'= «8hw<." Shan h "'' "'"'" »' *• Crown fof,hf7»«. "« legal iittX^TT "^ ■"<""• H »•■=" b. clos^'':^'"^ "" •" "" Prow w ""'"» '» h»«« of the r„^'' " ""'' <>■• otherwi^ aiiltl' " ""»' P»« of *•' The Govt;r •;;-'?""^. « c:^£" ""■ *'««"« «>« 340 BRITISH COLUMBIA. locate and build public highways, or to build public highways located in accordance with the provisions of this section (9) of these regulations: (c.) In the meantime, and until any such road shall have been located and constructed, a convenient right of way not exceeding sixty-six feet in width over any such land is hereby reserved for the use and convenience of settlers and land- holders in passing, from time to time, to and from their loca- tions or lands, to and from any now existing road or trail: Provided always, that such settler or land-owner making use of the aforesaid privilege shall not damage the fences or crops of the occupier of any such located, sold, or leased land: (d.) Every patent issued for lands subject to these regula- tions shall contain a provision reserving to the Governor in Council the power to order the survey through such lands by a Dominion Land Surveyor of such public highways as he may deem expedient, and for that purpose to take any existing road, and any requisite area of land, whether the area of the roads and lands so taken be or be not in excess of the allow- ance for roads in any section, quarter-section or legal subdivi- sion: also to enter upon such lands and take therefrom any gravel, stone, timber, or other material required for the con- struction of such highway, or any bridge connected therewith; and also to enter upon any such land for the purpose of cut- ting any drains necessary for the building of such highway. thi por ter narj and the 1 Sec mhdr ^and, a so hid Price as Price be The ( ^ominio "larket | ^or other oMettersI ^'on, as h '''' Purpoj and kttt uses t ORDINARY SALE OF LANDS. Sec. 10. Dominion lands, as the surveys thereof are duljj made and confirmed, shall, except as otherwise hereinafter pn vided, be open for homesteading and purchase at such prio and on such terms and conditions as may be fixed from tim to time by the Governor in Council: Provided, that no purcha shall be permitted at a less price than five dollars per a Provided also, that, except in special cases where othe: ordered by the Governor in Council, no sale to one pen shall exceed a section, or six hundred and forty acres: (a.) And provided also, that, whenever so ordered by Minister, such unoccupied lands as may be deemed by him pedient, from time to time, may be withdrawn from ordini sale and settlement, and sold at public auction or tender ters patj Iff, *"• '^* jflundred ramJc an 'Oops *''"? the Is ^!"^ north 01 ^' ^^h meri! family^ "'^ ^eit as DOMINION LANDS 'he high.,, biddcr-a„ „ 34. (b.) Provided ur'her 'th' ""« '"'•'<' ««d for ,h. portion of Dorainf™ ■ ^' "" ""y legal ,.,h^ ■■ "' *»">«: '" of the Tntf.'"" '"»<'» which mav K, /"'"'"'■'■on or other "-d condition, V^rt," "<:' ■■" '"'='■ ■»^n„.r ;"!"«' '"m ordi- --w\ol\-:r?^-t sha„ h ^^nd. and to Jay th! ^°™^«t««d entry anv " ' P"^^'' '<> P^'c^e as he may see fit "''^'' ^^ P^^ate Ille^'J^; '^' ^^'^ -t7.ar -aS '"""■^-"--^t;ir r--^- -ch '"■>-.ng-grou„l thoor",;'""'"^' "'«" " Dubr"' '"" "^ '»r other like ouhh-r ' """"olent i„stit,° '^''^ worship, »' l«'e« palS" ft/?'-P«". and at a^y «'!"'' /""""• and "<»>> as he deem. "" "^y alter or L u ^'°" ""■ "sue , ^'^ P"^Pose'Xs"S'lrtl.^ and helr^atr" '■"'"■'""! M' Belt in Bri, sh r 1 •^"°'' '«!»' r "h meridian of tu- 1^ "" Townships ' ' L °. ""''• "'"- I "' ''°!:!::::^d=^.l'e^"1.f"srey"" °^ ,'T '^- Any p.f,r^'?^°««5HTS. ,^" - S;X ha's'-ated''- ■•» ^ - ^«d 11 •I 1^1 iii '«i: Is I !■! I J^ BRITISH COLUMBIA. years, who has not heretofore had a homestead on Dominion lands in British Columbia, Manitoba or the Northwest Terri- tories, or does not hold or own by pre-emption record or other- wise, under the laws of the Province of British Columbia, more than one hundred and sixty acres of land within the railway belt in the said Province, shall, on making application in the form A in the schedule to these regulations, be entitled to ob- tain homestead entry for any quantity of land not exceeding one-Quarter section, and being of the class of land open under the provisions of these regulations to homestead entry. (a.) The entry for a homestead shall entitle the recipient to take, occupy and cultivate the land entered for, and hold possession of the same to the exclusion of any other person or persons whomsoever, and to bring and maintain actions for trespass committed on the said land, the same as if a patent therefor had issued in his favor; the title to the land shall remain in the Crown until the issue of the patent therefor, and the said land shall not be liable to be taken in execution be- fore the issue of the patent. (b.) The privilege of homestead entry shall only apply to surveyed agricultural lands; no person shall be entitled to such entry for land valuable for its timber, or for hay land, or for land on which there is a stone or marble quarry, or coal or other mineral having commercial value, or whereon there is any water power "which may serve to drive machinery, or for land which, by reason of its position, such as being the shore of an important harbor, bridge site or canal site, or being either an actual or prospective railway terminus or station, it will be in the public interest to withhold from such entry. HOMESTEAD ENTRIES AND SALES TIMBERED LANDS. AFFECTING j Sec. 14. All merchantable timber growing or being upon! any land entered or sold within the limits of Dominion lands! in British Columbia, and all gold, silver, copper, lead, itoM petroleum, coal or other mines or minerals, shall be consid-f -ered as reserved from the said land, and shall be the proper "^ater- Ways 80 unnecel '^afer-wavsl on anv laj of Her Majesty; except that the homesteader or purchaser™ to, ^^^ or those claiming under him, may cut and use such merchantfl that niav able timber as may be necessary for the purpose of building^ necessary ti DOMINION LANDS. fencing ©r road-maHn* . *»5 chantable timber (exc J I ?** '°^ <=«ltivation ; but „o J <>« the „,^; d„l, 'r"" °'' »•■«" l« subjec" ,',.*' ""«•' oaiiic aues as are at fh- *:_ """;«?« to the payment I'censes to cut timber. *^* *''"*^ P^^^ble by the hoMerTo - afores-aid, shr^om^^; a'";""^'' l^^-^er entered or sold timber growing or being on 'he s^'^f ^°" "^ *" merchantab e timber shall continue to be the Z ^*°^'' ^^'<^^ merchamab L any person or persons now or h/?''*^ °' »«»• Majesty and timber on ««^i, i . ^"^ hereafter holHin» » i- "'^'^^y* and , ,P ^"ch land may. at all ♦: "o^amg a license to cut of such license i.nf«. " t^'wes durinc- th^ ^ .- ^^ores^idf shall bT:n, 'i^'"^' "-.^nrt^^^^^^^^ -f le byl^Vdrr/it*'^ --"-nstTafthi :?^'" ^^^- 16. Holders of timh '"f- '° ""* *'™ber. '*'" '""* »«fents shall have tL- u*""" "^^nses. their ,.« . «'wred nnrf,-« , * "^^^^ *«> haul the/r ♦• [ ^^"^ants and '^u portion of anv io«j "^'^ timber ov*»i. fu- chased as hi»r-;«i, r ^ ^"*^ entered as a ».« : *"® "*»• >ater-ways tl^r ^^°'^ P'^^'^^d. and to ml '**^*^ °^ P«»- :» 4t :::«:. f',r:r -<''«''« -.tx tr- fn 344 BRITISH COLUMBIA. Sec. 17. All merchantable timber growing or being upon any land hereafter entered as a homestead or sold under these regulations shall be subject to any timber license in force at the time of such entry or sale, and may, at any time during the currency of any such license, or of any license which may be subsequently issued, be cut and removed under the author- ity thereof. Sec. 18. Whenever the survey of any township has been finally confirmed and such township opened for homestead entry, any person who has bona fide settled and made improve- ments before such confirmed survey on land in such township, shall have a prior right to obtain homestead entry for the land so settled on, provided such right be exercised within three months after the land is opened for settlement; and provided that such land has not been reserved or the right to home> stead entry is not excepted under the provisions of these regulations; no homestead entry shall be granted to any per- son in respect of such land until three months after notice in writing shall have been given by the local agent to such bona fide settler that such land is open for settlement. Sec. 19. Every person applying for homestead entry shall appear and make affidavit before the local agent or, in his absence, the senior clerk performing his duties, according to the form B, C, or D, in the Schedule to these regulations, as the circumstances require; and upon filing such affidavit with the said local agent or senior clerk, and on payment to him of an office fee of ten dollars, such person shall receive a receipt from the said local agent or senior clerk according to the Form J in the Schedule to these regulations; and such receipt shall be a certificate of entry, and shall be authority to the person obtaining it to take possession of the land de- scribed in it. (a.) The Minister of the Interior or the Dominion Lands Board, upon requisition may authorize any person named therem to make a homestead entry on behalf of any person signing such requisition and desiring to obtain such entry. (b.) The person so authorized shall, in order to obtaifl such entry, make application in the Form E in the Schedule to these regulations, on behalf of each of those whom he repr^ sents, and shall make an affidavit before the local agent, or, in his absence, the senior clerk performing his duties, accord- ing as for fore so p (c homt but t and ( (d. must, try. a and hi after I sions ( entry I tcred f( be upoi ^or whf( Sec. : the righi or senior 0^ the I •■^spectini e^'idence [ 0' DomiJ thi Govel ""ch displ (a.) j>f "Pon and! ^''e one J ,"Pon and] «o«ti «e at ng lay lor- >eeiv tcad ■ove- sbipt land three vided tiotne- these y per- tice in X bona shall hi» Lands named person jntry. obtain [schedule Ihe repre- ]gent, 0*' accord- ing to Form F, G, or H, in the Schedule to these regulations, as the circumstances of the case may require, and shall pay for each homestead entry the office fee of ten dollars hereinbe- fore prescribed for such entry, and shall receive for each fee so paid a receipt in the Form J in the Schedule hereto. (c.) Persons occupying land owned by them may obtain homestead entry for any contiguous land open to the same; but the whole extent of land, including that previously owned and occupied, must not exceed one quarter-section. (d.) A person applying for such entry for contiguous land must, when making the affidavit prescribed for homestead en- try, also describe therein the tract he owns and lives upon; and his residence upon and cultivation of the whole shall there- after be of the kind and for the term required by the provi- sions of these regulations in the case of ordinary homestead entry before he shall be entitled to patent for the part so en- tered for: Provided, that such residence and cultivation may be upon either the land originally occupied by him or that for which homestead entry has been obtained, or both. Sec. 20. In case a dispute arises between persons claiminsr the right to homestead entry for the same land the local agent or senior clerk, or any person thereto authorized by the Minister of the Interior, shall make investigation and obtain evidence respecting the facts, and this report thereon, together with the evidence taken, shall be referred to the Minister of the Interior for decision, or to the Dominion I^ands Board, Commissioner of Dominion Lands, or such person as may be appointed by the Governor in Council to consider and decide in cases of such disputes. (a.) Provided that when two or more persons have settled upon and seek to obtain homestead entry for the same land, the one who settled first thereon and has continued to reside upon and cultivate the land for which homestead entry is sought shall be entitled to such entry if the land be of the I class open to homestead entry, and if it be not, in the opinion of the Minister of the Interior, otherwise inexpedient in the [public interest to entertain any application therefor. (b.) Provided, further, that where contending parties have Nluable improvements on the lands in dispute the Minister |of the Interior, if the application to acquire the land by home- plead entry is entertained by him, may order a division thereof I-. ;l ;i> IT 346 BRITISH COLUMBIA. in such a manner as shall preserve to each of them, as far as practicable, his improvements; and the Minister may, at his discretion, direct that what the land so allotted to each of them may be deficient of a quarter*8ection shall be made up -from unoccupied land adjoining, if there be any such of the class open to homestead entry. Sec. 21. Any person who has obtained a homestead entry shall be allowed a period of six months from its date within which to perfect the entry, by taking in his own person pos- session of the land and beginning continuous residence there- on and cultivation thereof; and if the entry be not perfected within that period it shall be void, and the land shall be open to entry by another person, or to other disposition under these regulations by the Minister of the Interior. Provided further, that in the case of immigrants from else- where than the North American Continent, the Governor in Council may extend the time for the perfecting of entry to twelve months from the date thereof. Sec. 22. (a.) At the expiration of three years from the date of his perfecting his homestead entry, the settler, or in •case of his death, his legal representatives, upon proving to the satisfaction of the local agent that he, or they, or some of them, have resided upon and cultivated the land during the said term of three years, shall be entitled to a patent for the land; provided such proof is accepted by the Commissioner of Dominion Lands, or in his absence by a member of the Land Board, and on payment of one dollar per acre for the land; provided also, that the patent therefor shall not issue to any person not then a subject of Her Majesty by birth or naturalization. (b.) Provided, that in case of a settler who may have ob- tained homestead entry for land occupied by him previous to survey thereof, in manner hereinbefore mentioned, residence upon and cultivation of .the land for three years next preced- ing the application for patent shall, for the purpose of tbt issue of patent, be held to he equivalent to that prescribed in the foregoing sub-clause of this section, if such residence and cultivation be otherwise in conformity with the provisions of these regulations. Sec. 23- Any person proving that he has resided on the land for which he has homestead entry for twelve months from ent for fact: inioj (a the ( date (b. stead acres by his in? an 'or the Co.) acres, '"n addf] lieu of *<^n acrj three ac ''ve acrj fenced. (d.) , s^ead bej stead enl '^ated tht P''cation (e.) <^ate 0/ . ^^^'dencel P^ra^raphl (f.) pjf !'"« secticj '^ shajj be foborated DOMINION LANDS. 347 as his of up the ntry ithin pos- ;here- [ected these ft eUe- nor in itry to otn the :, or in ►ving to some oi ring the for the lissionef of the for the iot issue t,y birtVi I have ob- Levious to 1 1 tesidenc« Jjtt preced- Ise oi th« Iscribed H Idence aflH ^visions ot| lonths trot*' the date of his perfecting his entry therefor, and that he has brour.ht under cultivation at least thirty acres thereof, may, before the expiration of the three years defined in sub-section (b) of Section aa, obtain a patent by paying two dollars and fifty cents per acre for the land. Sec. 24. Any person claiming a patent under a homestead entry shall also be entitled thereto upon making payment there- for at the rate of one dollar per acre and proving to the satis- faction of the Commissioner of Dominion Lands or the Dom- inion Lands Board: — (a.) That he perfected his homestead entry by commencing the cultivation of the homestead within six months from the date of his homestead entry. (b.) That within the first year after the date of his home- stead entry he broke and prepared for crop not less than five acres of his homestead quarter-section; or if the land affected by his homestead entry be timber land, then in lieu of break- ing and preparing for crop five acres he may substitute there- for the clearing and fencing of three acres. (c.) That within the second year he cropped the said five acres, and broke and prepared for crop not less than ten acres in addition, makinjsf not less than fifteen acres in all; or if the land affected by his homestead entry be timber land, in lieu of cropping five acres and breaking and preparing for crop ten acres additional, he may substitute therefor cropping the three acres broken the previous year and clearing and fencing ^ve acres in addition, making in aM eight acres cleared and fenced, three of which shall also be cropped. (d.) That he has erected a habitable house upon his home- stead before the expiration of the second year after his home- stead entry, and has bona fide resided therein and has culti- vated the land for three years next prior to the date of his ap- plication for his patent. (e.) That at the commencement of the third year after the Jate of his homestead entry, or previously, he commenced the residence on his homestead required by the next preceding paragraph of this section. (f.) Proof of the residence and improvements required by section and the two sections which immediately precede this It shall be made by the claimant by affidavit, and shall be cor- Iroborated by the evidence on oath of two disinterested wit- I 111 .'48 HRTTISH COLUMBIA. nesses. resident in the vicinity of the land affected by their evidence, and accepted as sufficient by the Commissioner of Dominion Lands, or, in his absence, by a member of the Land Board; such affidavit shall be sworn, and such testimony given before the local agent, or, in his absence, the senior clerk per* forming his duties, or some other purpose named for that pur- pose by the Minister of the Interior. Sec. 25. Every person who has obtained a homestead entry and who proposes to apply for a patent for such homestead, shall give six months' notice in writing to the agent of Do- minion Lands of his intention to make such application, and shall produce evidence to the officer who is authorized to re- ceive the application that such notice has been duly given. Sec. 26. (a.) In case it is proved to the satisfaction of the Minister of the Interior that a settler has not resided upon and cultivated his homestead, except as herein provided, for at least six months in any one year, or has failed to cultivate and crop the said land during the first two years after obtaining entry therefor, or to erect a habitable house before the expi- ration of the second year after such entry, and to bona fide reside therein and cultivate the land for three years next prior to the date of his application for patent, or has made any false statement in the affidavit in support of his application for en- try, or if he fails, within the time provided for in these reg- ulations to apply for patent for his homestead, and to pay for the said homestead the price specified in these regulations, the right to the land shall be forfeited and the entry therefor shall be canceled, and the settler so forfeiting his entry shall not be eligible to obtain another entry, except in special cases, in the discretion of the Minister of the Interior. (b.) Provided, that in any case of illness, vouched for by sufficient evidence, or in the case of immigrants requiring to return to their native land to bring out their families to their homesteads, or in other special cases, the Minister of the In- terior may, in his discretion, grant an extension of time, dur- ing which a settler may be absent from his homestead without prejudice to his right therein; but the extension of time so granted shall not count as residence. Sec. 27. A homestead, the entry of which has been can- celed, may, at the discretion of the Minister, be held fori homestead entry by another person, on such terms and condi- DOMINION LANDS. M9 itry ead. Do- and ) re- Wen. i the upon [or at c and aintnS ; cxpi' \z fide t tions as the Minister of the Interior may prescribe, or for sale of the land with the improvements, if any, or of the improve- ments alone in connection with homestead entry thereof, to another person. Sec. 38. Any assignment or ttansfer of homestead right or any part thereof, and any agreement to assign or transfer any homestead right or any part thereof after patent shall have been obtained, made or entered into before the issue of the patent, shall be null and void; and the person so assigning or transfering or making an agreement to assign or transfer shall forfeit his homestead rights and shall not be permitted to make another homestead entry : Provided, that a person whose homestead may have been recommended for patent by the local agent or senior clerk, and who has received from such acrent or clerk a certificate to that effect in the Form K, in the Schedule to these regulations, countersigned by the Com- missioner of Dominion Lands, or in his absence by any member of the Dominion Lands Board, may legally dispose of and convey, assign or transfer his right and title therein. FRUIT CULTURE. Sec. 29. Any person eligible under these regulations to ob- tain a homestead entry may, for fruit-growing purposes, upon payment of a fee of ten dollars, and upon making application therefor to the local agent in the Form L in the Schedule hereto, obtain entry for any area not in excess of one quarter- section of Dominion lands of the class open for homestead en- try under these regulations, upon the following terms and con- ditions: — (a.) For each legal subdivision included in the land en- tered the applicant shall, during the first year after the date of entry, clear at least four acres and plant the same in fruit trees, bushes, plants or vines, to the number prescribed in these regulations. (b.) During the second year he shall clear and plant three acres additional, and any trees, plants or vines planted the pre- ceding year whicti may have died shall be replaced. (c.) During the third year he shall clear three acres addi- tional, planting the same as in the first and secoritl years, and if ' 1 1 .350 BRITISH COLUMBIA. replacing any trees, shrubs, plants or vines planted during the first and second years vhich roay have died. (d.) At the end of the third year he shall have ten acres cleared and planted, with fruit trees, bushes or vines. (e.) Provided, that the clearing and planting herein pro* vided for may be made upon any portion of the land entered for. (f.) The fruit trees, bushes or vines to be planted by the applicant, as herein provided, shall be in the proportion set forth in the folio iving table, according to the variety or vari- eties planted: — Kind. Distance Apart. No. per Acre. Apple trees, standards. .... 33 feet 40 Pear 20 feet zxo Peach 15 feet 200 Plum 15 feet 200 ChesTy 20 feet 1x0 Currant bushes 4 feet x 6 feet 1,815 Gooseberry hushes 4 feet x 6 feet 1,815 Grapes 10 feet x 12 feet 364 Raspberries 3 feet x 6 feet 2,425 Strawberries i feet x 4 feet 10,900 (g.) At the expiration of five years from the date of his entry, the applicant, or in case of his death his legal repre- sentative, upon proving to the satisfaction of the local agent, or in his absence the senior clerk performing his duties, that there are then growing upon the land and in healthy condi- tion the number of trees, bushes, plants or vines, as the case may be, prescribed by these regulations, shall be entitled to a patent for the land upon payment therefor at the rate of one dollar per acre, provided such proof is accepted by the Com- missioner of Dominion Lands, or in his absence by a member of the Land Board; but such patent shall not issue to any per- son who is not a subject of Her Majesty by birth or naturaliM- tton. (h.) T"^ any person having an entry for land for purposes of fruit culture fails to comply with any of the conditions in respect thereof prescr!b«?d by these regulations, his entry the^^ for shall be forfeited and canceled; and he shall have no clain DOMINION LANDS. ass to the land whatever, except in special cases, in the discretion of the Minister of the Interior. Jrposes )ns io claito GRAZING LANDS. Sec. 30. The Governor in Couneil may, from time to time^ grant leases of unoccupied Dominion lands for grazing ptiT' poses to any person or persons, for such term of years and at such rent in each case as may be deemed expedient; and every such lease shall contain a condition by which the Gov* ernor in Council may authorize the Minister of the Interior, at any time during the term of the lease, to give the lessee notice of cancellation thereof, and at the end of two years from the service of such notice such lease shall cease and determine. MINING AND MINING LANDS. Sec. 31. Lands containing coal or other minerals, whether in surveyed or unsurveyed territory, may be disposed of in such manner and on such termr and conditions as may, from time to time, be fixed by the Governor in Council by regula- tions to be made in that behalf. Sec. 32. It is hereby declared that no grant from the Crown of lands in freehold, or for any less estate, has operated or will operate as a conveyance of the minerals therein, unless the same are expressly conveyed in such grant. DITCHES. Sec. 33. The provisions of "The Dominion !N[ining Regu- lations" having reference to the diversion and use of the water from any stream or lake, and the rights of way necessary for the construction of flumes and ditches to convey such water, shall apply to the diversion and use of the water from any stream or lake, and the rights of way necessary to the con- veyance thereof in respect of the irrigation of agricultural lands: Provided, however, that the forms M, N, and O, in the Schedule to these regulations, shall be used. TIMBER SLIDES, &c. Sec. 34. No sale or grant of any Dominion lands shall give m I '■■■ \f t : I iiij 1l li 3i2 BRITISH COLUMBIA. or convey any right or title to any slide, dam, water-way, pier or boom, or other work previously constructed on such land, or any stream passing through or along it, for the purpose of facilitating the descent of timber or saw-logs, unless it be expressly mentioned in the letters patent or other documents establishing such sale or grant that such slide, dam, water-way, pier or boom, or other work, is intended to be thereby sold or granted. The free use of any slide, dam, water-way, pier, boom or other work on streams, to facilitate the descent of lumber and saw-logs, and the right of access thereto for the purpose of using the same and keeping the same in repair, shall not in any way be interrupted or obstructed by or in virtue of any sale or grant of Dominion lands made subsequent to the con- struction of any such work. Sec. 35. The free use for the floating of saw-logs or other timber, of any stream or lake, that may be necessary for the descent thereof from Dominion lands and the right of access to such stream or lake, and of passing and re-passing on or along the land on either side, and wherever necessary for such use thereof, and over any existing or necessary portage road past any rapid or fall, or connecting such stream or lake, and over such road as, owing to natural obstacles, may be neces- sary for taking out timber from Dominion lands, and the right of constructing any slide or water-way where necessary, shall continue uninterrupted, and shall not be affected or obstructed by or in virtue of any sale or grant of such lands. ASSIGNMENTS. Sec. 36. The Minister of the Interior shall cause to be kept in his Department books for registering, at the option of the parties interested, assignments of any right to Dominion lands w^hich is assignable under these regulations, upon proof to his satisfaction that such assignment is in conformity with these regulations; and every assignment so registered shall be valid against any other assignment unregistered or subsequently reg- istered; but any assignment to be registered must be uncondi- tional, and all conditions on which the right depends must have been performed or dispensed with by the Minister of the In- terior before the assignment is registered. nrd DOMINION LANDS. 353 TOWNSHIP PLANS AND PATENT LISTS. Sec. 37' The Minister of the Interior shall transmit to the Registrar-General of British Columbia, or his deputy or dep- uties, as early as possible in each year, a certified copy of the map of each township in such district or division, surveyed in the year next preceding, together with a certified list of the lands in such district or division patented in such year. GENERAL PROVISIONS RELATING TO THE WAY BELT IN BRITISH COLUMBIA. RAIL- Sec. 38. The following powers are hereby delegated to the Governor in Council, to be exercised from time to time by special Orders in Council, upon the recommendation of the Minister of the Interior: — (a.) To withdraw from the operation of these regulations, subject to existing rights as defined or created under the same, such lands as have been or may be reserved for Indians, (b.) To encourage works undertaken, with a view of drain- ing and reclaiming swamp lands, by granting to the promot- ers of such works remuneration in the way of grants of the lands so reclaimed, or of such portions thereof, or any other land, as may be deemed "fair and reasonable. (c.) To make such orders as may be deemed necessary, from time to time, to carry out the provisions of these regula- tions, according to their true intent, or to meet any cases which may arise and for which no provision is made in these regulations; and further, to make and declare any regulations which may be considered necessary to give the provisions in this clause contained full efTect; and from time to time alter or revoke any order or orders, or any regulations made in re- spect of the said provisions, and make others in their stead. (d.) Every order or regulation made by the Governor in Council, in virtue of the provisions of this section, or of any other section of these regulations, shall, unless otherwise spe- cially provided in these regulations, have force and effect only *fter the same has been published for four successive weeks in the Canada Gazette and British Columbia Gazette; and »11 such orders or regulations shall be laid before both Houses 23 354 BRITISH COLUMBIA. of Parliament within the first fifteen days of the session next after the date thereof. Sec. 30. All affidavits, oaths, solemn declarations or affirma- tions required to be taken or made under these regulations, except as otherwise herein provided, may be taken before a registrar of the Supreme Court of British Columbia, or the judge or registrar of any County Court, or any justice of the peace, or any commissioner for taking affidavits, or notary public, or any Dominion lands agent or officer, or any person specially authorized to take such affidavits by these regula- tions, or by the Minister of the Interior. Sec. 40. The Dominion Lands Board, or any member thereof, the Crown Timber Agent, or any person specially au- thorized to that effect by the Governor in Council, shall have power to summon before them, or him, any person, by sub- poena issued by them or him, to examine such person under oath, and to compel the production of papers and writings be- fore them or h-m — and such subpoena may be in the Form P in the Schedule to these regulations — and, if any person duly summoned neglects or refuses to appear at the time and place specified in the subpoena upon him legally served, or refuses to give evidence or to produce the papers or writings de- manded of him, may, by warrant under their or his hands or hand, cause such person so neglecting or refusing to be taken into custody and to be imprisoned in the nearest common gaol, as for contempt of court, for a period not exceeding four- teen days. Sec. 41. In any case where an affidftvit or oath is required by these regulations, a solemn affirmation may be administered and made, instead of an oath, by any person who is by law permitted in civil cases to make a solemn affirmation instead of an oath. Sec. 42. Every receipt or certificate of entry or sale issued by an agent of Dominion lands shall, unless such entry or sale shall have been revoked or canceled by the Minister of the In- terior, entitle the person to whom the same was granted to maintain suits at law or in equity against any wrong-doer or trespasser on the lands to which such receipt or certificate j relates, as effectually as he could do under a patent of such] land from the Crown. ^e< DOMINION LANDS. 3S5 WHO SHALL BE COMPETENT TO SURVEY DOMIN- ION LANDS. Sec. 43. Sections 99 to 139, inclusive, of Chapter 54 of the Revised Statutes of Canada, are hereby extended to the public lands of Canada in the Province of British Columbia. TARIFF OF FEES. Sec. 44. The Governor in Council may establish a tariff of fees to be charged by the Minister of the Interior for all copies of maps, township plans, field notes and other records, and also for registering assignments; and all fees received under such tariff shall form part of revenue from Dominion lands. w SCHEDULE. FORM A. Application for a Homestead Entry. I, , of , do hereby apply for a homestead entry, under the provisions of the Regulations for the disposal of Dominion lands within the Railway Belt in the Province of British Columbia, approved by Order in Council of the 17th September, 1889, for the quarter-section of section number of the township, in the range of the meridian. FORM B. Affidavit in support of a claim for homestead entry by a per- son who has bona fide settled and made improvements upon land in advance of survey. I, A. B., do solemnly swear (or affirm, as the case may be) that I am over eighteen years of age; that to the best of my knowledge and belief the land in respect of which my applica- tion is made is surveyed agricultural land; it is not chiefly valuable for its timber, or for hay land, nor is there upon it any stone or marble quarry, or coal or other mineral having commercial value; there is not upon it any water power which f n m 356 BRITISH COLUMBIA. may serve to drive machinery, nor is it specially valuable by reason of its position, such as being the shore of an im- portant harbor, bridge site or canal site, or being either an actual or prospective railway terminus or station; that I be- came resident upon and began to cultivate the said land on the day of » i8 > before the same was surveyed; that I have resided upon and cultivated the said land continuously ever since; that, there is no other person residing or having improvements upon it, and that this appli- cation is made for my exclusive use and benefit, with the in- tention of residing upon and cultivating the said land, and not directly or indirectly for the use or benefit of any other per- son or persons whomsoever; and that I have not heretofore obtained an entry for a homestead on Dominion lands, nor do I own more than one hundred and sixty acres of land within the tract known as the Railway Belt in British Columbia. Subscribed and sworn to, this day of 18 , before me (Signature.) Local Agent. FORM C. Affidavit in support of a claim for homestead entry by a per- son who has not previously obtained homestead entry. I, A. B., do solemnly swear (or affirm, as the case may be) that I am over eighteen years of age; that to the best of my knowledge and belief the land in respect of which my appli- cation is made is surveyed agricultural land; it is not chiefly valuable for its timber or for hay land, nor is there upon it any stone or marble quarry, or coal or other mineral having commercial value; there is not upon it any water power which may serve to drive machinery; nor is it specially valuable by reason of its position, such as being thi shore of an important harbor, bridge site or canal site, or being either an actual or prospective railway terminus or station; thai, there is no person residing on the said land, nor are there any improve- ments thereon, and that this application is made for my ex- clusive use and benefit, with the intention of residing uponi son stea( to o J. A, that I . inow]e(L cation ij vaiuabJel ^"y stoi commerc "Jay serl reason o| ^^nt harii "a^ or p- person rJ '"ents thl DOMINION LANDS. 357* and cultivating the said land, and not directly or indirectly for the use or benefit of any other person or persons whomso- ever, and that I have not heretofore obtained a homestead on. Dominion lands, nor do I hold or own, by pre-emption record or otherwise, under the laws of British Columbia, more than one hundred and sixty acres within the tract known as the Railway Belt in British Columbia. Subscribed and sworn to, this day of i8 , before me (Signature.) Local Agent. FORM D. Affidavit in support of a claim for homestead entry by a per- son who has previously obtained and has forfeited his home- stead entry, but is permitted by the Minister of the Interior to obtain another homestead entry. I, A. B., do solemnly swear (or affirm, as the case may be) that I am over eighteen years of age; that to the best of my knowledge and belief the land in respect of which my appli- cation is made is surveyed agricultural land; it is not chiefly valuable for its timber, or for hay land, nor is there upon it any stone or marble quarry, or coal or other mineral having commercial value; there is not upon it any water power which may serve to drive machinery, nor is it specially valuable by reason of its position, such as being the shore of an impor* tant harbor, bridge site or canal site, or being either an act- ual or prospective railway terminus or station; that there is no person residing on the said land, nor are there any improve- ments thereon; that I obtained homestead entry on the d.iy of i8 , for the quarter-section of section , township , range , of the meridian, but forfeited the same; that by order of the Minister of the Interior, which I now produce, I have been permitted to make application for and to receive another homestead entry; that this application is made for my exclusive use and benefit, with the intention of residing upon and cultivating the land applied for, and not, directly or indirectly, for the use or bene- fit of any other person or persons whomsoever, and that I I* 3SB BRITISH COLUMBIA. have not heretofore obtained a homestead on Dominion lands except as herein stated, nor do I hold or own, by pre-emption record or otherwise, under the laws of British Columbia, more than one hundred and sixty acres of land within the tract known as the Railway Belt in British Columbia. Subscribed and sworn to, this day of i8 , before me (Signature.) Local Agent. FORM E. Application for Homestead Entry by an Agent. I, A. B., do hereby apply on behalf of of , for homestead entry under the provisions of the Regulations for the disposal of Dominion lands within the Railway Belt in the Province of British Columbia, as ap- proved by Order in Council of the 17th September, 1889, for the quarter-section of section number of the township, in the range of the meridian. FORM F. Affidavit by an Agent in support of a claim for homestead entry on behalf of a person who has bona fide settled and made improvements upon land in advance of survey. I, A. B., do solemnly swear (or affirm, as the case may be) that for whom I am acting herein as agent, is over eighteen years of age; that to the best of my knowledge and belief the land in respect of which the application is made is surveyed agricultural land; it is not chiefly valuable for its timber, or for hay land, nor is there upon it any stone or marble quarry, or coal or other mineral having commercial value; there is not upon it any water power which may serve to drive machinery, nor is it specially valuable by reason of its position, such as being the shore of an important harbor, bridge site or canal site, or being either an actual or prospect- ive railway terminus or station; that the said became resident upon and began to cultivate the said land on the day of 18 , before the same was surveyed; that he has resided upon and cultivated the said land in conformity with the requirements of the home- Affidavit entry homes I. A. that '-ifir hereii best of n. ^^^ applic chiefly va upon it a ''aving coi which ma] able by re '"njportant 3" actual ''^ere is „<] f"y impro] for the ex A. B., d l"e disposal of DOMINION LANDS. 361 on Dominion lands except as herein stated, nor does he hold or own, by pre-emption record or otherwise under the law» of British Columbia, more than one hundred and sixty acres of land within the tract known as the Railway Belt in British Columbia. Subscribed and sworn to, this day of 18 , before me (Signature.) Local Agent. FORM J. Receipt and Certificate of Entry. I certify that I have received from the sum of ten dollars, being the office fee for homestead entry for (describe the land), and that the said is, in con- sequence of such entry atid payment, vested with the rights conferred in such cases by the provisions of the regulations for the disposal of Dominion lands within the Railway Belt in the Province of British Columbia, as approved by Order in Council of the 17th September, 1889, respecting homestead rights. Local Agent. (Place— Date). FORM K. Certificate of Recommendation for Patent. I certify that , who is the holder of a homestead entry for (describe the land), has complied wi.h the provisions of the law required to be conformed to in order to entitle him to receive a patent for such land, and that I have recommended the issue of such patent. Local Agent. UPlace-Date). Countersigned : Commissioner of Dominion Lands. FORM L. Application for Fruit-culture Entry. x8 Ii A. B., do hereby apply for entry under the regulations for "^le disposal of Dominion lands for fruit-culture within the Rail- m si. 'J fM' 36a BRITISH COLUMBIA. way Belt in the Province of British Columbia, as approved by Order in Council of the 17th day of September, 1889* for legal 8ub*division , of section • of the township, in the range west of the meridian. And I, A. B., do solemnly swear (or affirm, as the case may be) that I am over eighteen years of age; that to the best of my knowledge and belief the land in respect of which this ap- plication is made is of the class open for homestead entry; that there is no person residing upon the said land, nor are there any improvements thereon, and that I have not hereto- fore obtained a fruit-culture or other entry for Dominion lands. Sworn before me, this day of A. D. 18 , (Signature.) Local Agent. FORM M. Notice of Application for Right to Divert Water. Notice is hereby given, in pursuance of the provisions of the Regulations for the disposal of Dominion lands within the Railway Belt in the Province of British Columbia, that I, of , at the expiration of 20 davs from the date hereof, intend to apply to the local agent of Dominion lands at , in the Province of British Columbia, for authority to take, carry away and divert to my (farm or mining claim) from its natural channel inches of the unentered and unappropriated water of the (stream or lake) known as for purposes during the term of years from the date of record, with the object of (irrigating or sluicing) my said (farm or mining claim); such diversion will be made at a point situated on the (north, east, south, or west, end or side) of the said (stream or lake) marked on the ground by a conspicu- ous post, and it is intended that such water shall be carried in and through a (ditch or flume, or both) in a direction over the lands of , as indicated by like posts planted, where practicable, every quarter of a mile along the proposed line of the (ditch or flume, or both). (Signature.) Dated this day of , 18 , at jrd. T ""e last al ^'ic propos 4th. Th "■emulations I ^'aim) to I 5th. Thi '''' and alo] «ted in thl ^" conditio] ["Je Water ptrred to. J Sworn be lat DOMINION LANDS. 363 le date ly said [a poin^ jide) o5 jnspicu- Irrted in tated by a mil« ire.) at FORM N. Aiilidavit in support of Application for Right to Divert Water. Province of British Columbia, To VVit: I, of , make oath and say: — I St. That the document hereunto annexed and marked with the letter "A" is a true copy of a notice given by me , in pursuance of the provisions of the regulations for the disposal of the Dominion lands within the Railway Belt in the Province of British Columbia, and posted up by me on the day of the date thereof at the point of diversion therein named. 2nd. That on the day of , A. D. 18 , I also posted up a like copy of such notice in a conspic- uous olace on the lands of each of the following persons, viz.: 3rd. That the lands of the said several persons named in the last above paragraph, and of no others, will be affected by the proposed diversion in the said notice mentioned. 4th. That I am lawfully entitled to hold land under the said regulations, and I am lawfully pccupying (and bona fide culti- vating or working, as the case may be) the (land or mineral claim) to which the said water is intended to be diverted. 5th. That I have planted posts in accordance with the terms of, and along the proposed line of , as indi- cated in the said notice, and I believe that I have performed all conditions precedent necessary to entitle me to a record of the water privilege in the notice mentioned or re- iferred to. Sworn before me, this day of , A. D. 18 , l*t in the said Province. Local Agent. (Signature.) FORM O. Grant of the Right to Divert Water. |To all whom it may concern — Greeting: Know ye, that , of , aving complied with the provisions of the Regulations for lie disposal of Dominion lands within the Railway Belt in the i^rovince of British Columbia, as appears by affidavit of him- F^ with notice annexed fikd with the undersigned on the Kii m 1; i 1 ii i 1, 364 BRITISH COLUMBIA. day of , 18 , ih hereby authorized to divert foi his own use, for a period of years from the date hereof, inches of unrecorded and unap- propriated water of , or so much of that quantity as may be lawfully diverted and used by him under and in ac- cordance with the provisions of the said regulations, and the said is entitled to all the rights conferred by the said regulations upon the recorded owner of a water privilege. Given the day of 18 , at in the Province of British Columbia. Local Agent. FORM P. Subpoena. To Greeting : You are hereby commanded that all things set aside and ceasing every excuse, you be and appear in your proper person before me, the undersigned, at on the day of 18 , by o'clock in the noon, and so on from day to day, to be then and there exam- ined upon oath touching your knowledge of And you are to brings with you and produce all papers and writings in youi custody, power or control, in any wise relating to the said matters; and t?ke notice that if you neglect or refuse to appear at the time or pi;-!ce aforesaid you will be liable to be taken into custody and to be imprisoned in th' nearest common jail, as for r->ntempt of court, for a period not exceeding fourteer days. Given under my hand and seal, this day of 18 . at (Signatur*. of Officer.) (L. S.) PART VIII. BRITISH COLUMBIA. 8 ■ '■' )apers wise Neglect all be in tV/ )d not MINING LAWS, GOLD, SILVER AND COAL. •I ■1 s rirT II! PART 8. I MINING LAWS OF BRITISH COLUMBIA. AN ACT RELATING TO GOLD AND OTHER MINER- ALS EXCEPTING COAL.* 1896, c. 34. As amended in 1897, c. 28. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, en- acts as follows: SHORT TITLE. Sec. i. This Act may be cited as the "Mineral Act, 1896." INTERPRETATION. Sec. 2. In the construction of this Act the following expressions shall have the following mean- mgs respectively, unless inconsistent with the context: "Mine" shall mean any land in which any vein or lode, or rock in place, shall be mined for gold or other minerals, pre- cious or base, except coal: "Mineral" shall mean all valuable deposits of gold, silver, platinum, iridium, or any of the platinum group of metals, mercury, lead, copper, iron, tin, zinc, nickel, aluminum, anti- mony, arsenic, barium, bismuth, boron, bromine, cadmium, chromium, cobalt, iodine, magnesium, manganese, molyb- denum, phosphorus, plumbago, potassium, sodium, strontium, sulphur (or any combination of the aforementioned elements with themselves or with any other other elements), asbestos. emery, mica, and mineral pigments. Limestone, marble, clay, or any building stone when mined for building purposes shall not be considered as mineral within j the meaning of this Act. "Rock in place" shall mean all rock in place bearing valu- able deposits of mineral within the meaning of this Act. "Vein," or "lode." Whenever either of these terms is used| in this Act, "rock in place" shall be deemed to be included. *Coal lands, see page 472. 366 "r foreig listing "Recor ^a"ie mea l^ept for "^r one ot "("ause' "Judgm "i^eal under thi "^^\^J than "Joint St purposes, (a.) In '^^^ ""cpcale^ e, MINING LAWS. 3^7 NER- of the 1 ia, en- 1 as the 1 i oi this r mean- lode, or Is, pre- silver, metals, jtn, anti- ladmiui"' molyb- [rontiuw, elements lasbestos. ^n min«* lal within I ing valu- is US' bludcd. ed "Mineral claim" shall mean the personal right of property or interest in any mine. "Mining property" shall include every mineral claim, ditch, mil), site, or water right used lor mining purposes, and all other things belonging to a mint or used in the working thereof. "Legal post" shall mean a stake standing not less than four feet above the ground, and squared or faced on four sides for at least one foot from the top, and each side so squared or faced shall measure ^t least four inches on its face so far as squared or faced, and any stump or tree cut off and squared or faced to the above height and size. "Mill site" shall mean a plot of ground located, as defined by this Act, for the purpose of erecting thereon any machinery or other works for transporting, crushing, reducing, or sam- pling ores, or for the transmiiision of power for working mines. "Streams" shall include all natural watercourses, whether usually containing water or not, and all rivers, creeks, and "ulches. "Ditch" shall include a flume, pipe, or race, or other arti- ncial means for conducting water by its own weight, to be used lor mining purposes. "Ditch-head" shall mean the point in a natural watercourse or lake, or other source, where water is first taken into a ditch. "Free miner" shall mean a person or joint stock company, or foreign company, named in and lawfully possessed of a valid existing free miner's certificate, and no other. "Record," "register," and "registration," shall have the same meaning, and shall mean an entry in some official book kept for that purpose. "Full interest" shall mean any mineral claim of the full size, or one of several shares into which a mineral claim shall be equally divided. "Cause" shall include any suit or action. "Judgment" shall include "order" or "decree." "Real estate" shall mean any mineral land in fee simple under this or any Act relating to gold mines, or to minerals 'thcr than coal. 'Joint stock company" shall mean any company for mining purposes. (a.) Incorporated under the "Companies' Act, 1897," or any Act repealed therebv; or I I 368 BRITISH COLUMBIA. (b.) Registered as a foreign company under any Act re- pealed by the "Companies' Act, 1897;" or (c.) Licensed or registered as an extra-Provincial company under the "Companies' Act, 1897;" or (d.) Incorporated by any special Act. 1897, c. 28, s. 2. T. FREE MINERS AND THEIR PRIVILEGES. WHO MAY BE A FREE MINER. Sec. 3. Every p-rson over, but not under, eighteen years of age, and every joint stock company, shall be entitled to all the rights and privileges of a free miner, and shall be considered a free miner upon taking out a free miner's certificate. A minor who shall be- come a free* miner shall, as regards his mining property and liabilities contracted in connection therewith, be treated as of full age. A free miner's certificate issued to a joint stock com- pany shall be issued in its corporate name. A free miner's cer- tificate shall not be transferable. LICENSES TO COMPANIES. Sec. 3a. Notwithstanding anything to the contrary in section 4 of the "Mineral Act. 189^;," or section 4 of the "Placer Mining Act, 1891," or else- where in the said Acts or other the mining laws of the Prov- ince, no free miner's certificate shall be issued to a joint stock company for a longer period than one year, and such certificate shall date from the 30th day of June in each year; and every free miner's certificate held by a joint stock company at the passing of this Act shall be valid and existing until and shall expire on the 30th day of June, 1897. Upon applying to renew nny such certificate on or before said 30th day of June, the joint stock company shall be entitled to a rebate of a proportionate amount of the fee paid for a certificate heretofore issued ac- cording to the further time for which it would, but for this section, have been valid. 1897, c. 2, s. 161. DURATION OF CERTIFICATE. Sec. 4. A free miner's certificate may be granted for one or more years, to run from the date thereof, or from the expirr.dou of the appiicani's then existing certificate, upon the payment therefor of the fees set out in the Schedule of Fees to this Act. Only one person or one joint stock company shall be named therein. MINING LAWS. anding Act. else- Prov- stock •tificate every at the d shall renew e joint tionate ed ac- or this in {rem 's then fees set Irson or 369 A free miner's cer- FORM OF CERTIFICATE. Sec. 5. tificate shall be in the following form: British Columbia. — Free Miner's Certificate. — Not transferable. Date Valid for year... only. No This is to certify that , of has paid me this day the sum of and is entitled to all the rights and privi'eges 01 a free miner for year... from the day of ,, 18.... (Signature of Gold Commissioner or Mining Recorder, as the case may be.) APPLICATION IN ABSENCE OF RECORDER. Sec. 6. If any person or joint stock company, shall apply for a free miner's certificate at the Mining Recorder's office during his absence and shall leave the fee required by this Act, with the officer or other person in charge of the said office, he or it shall he entitled to have such certificate from the date of such application; and any free miner shall at any time be entitled to obtain a free miner's certificate, commencing to run at the expiration of his then existing free miner's certificate, provided that when he applies for such certificate he shall produce to the Mining Recorder, or in case of his absence shall leave with the officer or other person in charge of the Mining Recorder's oflice, such existing certificate. "SUBSTITUTED CERTIFICATE." Sec. 7. If any free miner's certificate be accidentally destroyed or lost, the owner thereof may, on payment of the fees set out in the Schedule to this Act. have a true copy of it, signed by the Mining Recorder, or otiier person by whom or out of whose office the original was issued. Every such copy shall be marked "substituted cer- tincate," and unless some material irregularity be shown in reelect thereof, every original or substituted free miner's cer- tificate shall be evidence of all matters therein contained. PENALTY FOR MINING WITHOUT CERTIFICATE. Sec. R. Every person and joint stock company engaged in min- ing for minerals (other than coal) shall take out a free miner's certificate, and every person or joint stock companv who mines ir works as a miner in any mineral claim, mine held as real <'state. or tunnel, or on any flume, drain, or ditch, without having taken out and obtained such certificate, -hall, on convic- 24 ■H HIV ill 1 'i I :» ili 370 BRITISH COLUMBIA. tion thereof in a summary way, forfeit and pay a penalty not exceeding twenty- five dollars, besides costs: Provided, always, that nothing herein contained shall prejudice the right to col- lect wages or payment for work done by any person who, through not being a free miner, has rendered himself liable to the above penalty. UNCERTIFICATED PERSON NOT ENTITLED TO IN- TEREST IN MINING PROPERTY, ETC. Sec. 9- Subject to the proviso hereinafter stated, no person or joint stock com- pany shall be recognized as having any right or interest in or to any mineral claim, or any minerals therein, or in or to any water right, mining ditch, drain, tunnel, or flume, unless he or it shall have a free miner's certificate unexpired. And on the expiration of a free miner's certificate the owner thereof shall absolutely forfeit all his rights and interests in or to any min- eral claim, and all and any minerals therein, and in or to any and every water right, mining ditch, drain, tunnel, or flume, which may be held or claimed by such owner of such expired free miner's certificate, unless such owner shall, on or before the day following the expiration of such certificate, obtain a new free miner's certificate: Provided, nevertheless, should any co-owner fail to keep up his free miner's certificate, such fail- ure shall not cause a forfeiture or act as an abandonment of the claim, but the interest of the co-owner who shall fail to ke'^p up bis free miner's certificate shall ipso facto, be and be- come vested iit his co-owners pro rata, according to their former interests: Provided, nevertheless, that a shareholder in a joint stock company need not be a free miner, and, though not a free miner, shall be entitled to buy, sell, hold, or dispo';e of any shares therein: And provided, also, that this section shall not apply to mineral claims for which a Crown grant has been issued: Provided, always, that if any person or company shall acquire, by purchase or otherwise, any mine or mineral claim, ir interest therein, and it shall appear that some person or company through whom he or it claims title has neglected to take out or keep up a free miner's certificate, according to the prv)visions of this Act, such person or company so acquir- ing such mine or mineral claim, or interest therein, may, within one month from the time when he or it shall first acquire knowledge theieof, or if knowledge already acquired within one month after this Act becomes law, pay to the Recorder of the. Min or f( panj perse or in been but t Passa^ PA LIST. every , 01 niir license ^ee, an< person due to tJie recc °' contri when re<3 to pay t *^ie Reco quiry to cense fee ^^oHector quired to ''^f. such hundred q ;^e unpaic •'"stice of 1 whekJ ^ilK}^^ sj f^^^ of hi, '''''' pros, ^^hereon tol ;^^'^'- than 'T'' and „1 '■''^^^on to MINING LAWS. Mining Division in which fU , • ^^' or fees which ought 7ouVu "^"'"^ ^^'^'^^ >s situate th. . Pany in default 2 at^Td r/l^' ""' ^"^^ Pe "oTo, 00^ LIST ^,, "^^^'SE ^<^R HMPLOYFT7Q PENALTY. Sec n Tf P«ct. and m . *^ licensees, and also fl ''^' '"served '" ^° ^"*^- -nd mine such goTd 3n7 f"^^ ^'^^ "^^t eoid and Sliver shall have ■I ; < .3/2 BRITISH COLUMBIA. been, or shall be, reserved to the Crown and its licensees. Ex- cepting out of all the above description of lands any land occupied by any building, and any land falling within the cur- tilage of any dwelling house, and any orchard, and any land for the time being actually under cultivation and any land lawfully occupied for mining purposes other than placer min- ing, and also Indian reservations and military or naval reserva- tions: Provided that where any hydraulic mining works, estal)- lished in accordance with the "Placer Mining Act, 1891," have been in operation, the land which may have been uncovered by the operation of such works shall not be located or mined upon by any free miner other than the person or persons carry- ing on such hydraulic works for a space of six months next after the same shall have been so uncovered: Provided that in the event of such entry being made upon lands already law- fully occupied for other than mining purposes, and not being a portion of lands granted to and held by or for a railway com- pany under any railway subsidy Act heretofore or to be here- after passed, such free miner, previously to such entry, shall give adequate security to che satisfaction of the Gold Commis sioner or Mining Recorder for any loss or damages which may be caused by such entry; and provided that, after such entry, he shall make full compensation to the occupant or owner of such lands for any loss or damages which may be caused by reason of sUch entry; such compensation, in case of dispute, to be determined by the court having jurisdiction in mining disptUes, with or without a jury. RIGHT TO KILL GAME. Sec. 13. Any free miner shall be at liberty, at any period of the year, while actually prospect ing or engaged in mining, to kill game for his own use. "PLACER MINING ACT." Sec. 14. A free miner shall have all the rights and privileges granted to free miners by the "Placer Mining Act." SIZE AND FORM OF FREE MINER'S CLAIM. Sec. 15 Any free miner desiring to locate a mineral claim, shall, sub ject to the provisions of this Act with respect to land which may be used for mining, enter upon the same and locate a plot of ground measuring, where possible but not exceeding, fifteen: hundred feet in length by fifteen hundred feet in breadth, in a3 nearly as possible a rectangular form, that is to say: .'M' HC ninrkei line oj and 2, ceed fij to be A shaJJ be of the I tliere si i^ost," t statemen the Jine t'on of p and post." ^n tht posts shall '" writing, part of th| When "lark the , ""cfJy see] "'iclerbrusll ""^^rbrushl ^ase. so thi I , -^''^ Jocal '" '^as discT discovery ''•' ^"'•vevoJ h°f'ceof \v ^HNING LAWS. angles shall be right an^. ^73 Jn defining 'the , )"" "«" "<" n«etS K """"°" '° ground. ""-«'- of i„.,„,„„„ •„, .^h/'LrLnr."' HOW STAKED OUT <; -'•" '"'"" "" '"' o' 'He liLt™ w.c'N*'"' «' reck nt , '■'"" "' '^8=1 Posts or /',, "'" ''"">» "or °- '' the initial post. ^ ' ^"^ ^ and the iffP 374 BRITISH COLUMBIA. EXAMPLES OF VARIOUS MODES OF LAYING OUT No. 2 Post. 750' '■ 750' I M I ^4 Discovery Post. ^ > 750' c i 750' No. 2 Post. 1 100' 400' No. I Post. No. I Post. No. I Post. It shall not be lawful to move No. i post, neither shall it be lawful to move No. 2 post, except for the correction of distance by the Provincial Government Surveyor. Nos. i and 2 posts shall govern the direction of one side of the claim. (a.) The holder of a mineral claim shall be entitled to all minerals which may lie within his claim, but he shall not be entitled to mine outside the boundary lines of his claim con- tinued vertically downwards. (b.) This Act shall not prejudice the rights of claim-owners nor claim-holders whose claims have been located under former Acts. (c.) No mineral claim of the full size shall be recorded with out the application being accompanied by an affidavit or solemn declaration in the Form S, made by the applicant or some per- son on his behalf cognizant of the facts: That the legal notices and posts have been put up; that mineral has been found in place on the claim proposed to be recorded; that the ground applied for is unoccupied by any other person as a mineral claim, and is not occupied by any building, or any land falling within the curtilage of any dwelling house, or any orchard, or any land under cultivation, or any Indian Reservation. In the I said declaration shall be set out the name of the applicant, the! number and date of his free miner's certificate, and the namfj of the place where the said certificate was issued, and the dat«l of the location of the claim. The words written on No. ' andj No, tinr spe< by t be r nam< an a facts ; miner posed pied b any bi dweJIin or any set out free mi said cer claim. ' be set o *^e posi I'oi'ndini '* is vac with the f>y the may be ^''anc an( recorded. (d.) tor of a ^'sions of location, actually ^ "'^re has ^^^ Provis ^°rmalitif ^''fed to vicinity. . LOCA t| ^'°n made If'S MINING LAWS. 375 T \^[ . ?Sl. ' I it be istance 8 posts to all not be im con- -owners {ortncf No. 2 posts shall be set out in full, and as accurate a descrip- tion as possible of the position of the claim given, having special reference to any prior locations which it may join. No mineral claim which at the date of its record is known by the locator to be less than a full sized mineral claim, shall be recorded without the word "fraction" being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration in the Form T, made by the applicant or some person on his behalf cognizant of ttie facts: That the legal posts and notices have been put up; that mineral has been found in place on the fractional claim pro- posed to be recorded; that the ground applied for is unoccu- pied by any person as a mineral claim, and is not occupied by any buildinm or any land falling within the curtilage of any dwelling hol|e, or any orchard, or any land under cultivation, or any Indian Reservation. In the said declaration shall be set out the name of the applicant, the number and date of his free miner's certificate, and the name of the place where the said certificate was issued, and the date of the location of the claim. The words written on the No. i and No. 2 posts shall be set out in full, and as accurate a description as possible of the position of the claim given. A description of the land bounding the fractional claim on all sides shall state whether it is vacant Crown land or land occupied by mineral claims, with the names of the claims. A sketch plan shall be drawn by the applicant on back of declaration, showing as near as may be the position of the adjoining mineral claims, and the shape and size, expressed in feet, of the fraction desired to be recorded. (d.) 1897. Provided that the failure on the part of the loca- tor of a mineral claim to comply with any of the foregoing pro- visions of this section shall not be deemed to invalidate such location, if upon the facts it shall appear that such locator has actually discovered mineral in place on said location, and that there has been c\ y.'s part a bona fide attempt to comply with the provisions o-' this Act, and that the non-observance of the formalities herein hefor- referred to is not of a character calcu- lated to mislead o:her persons desiring to locate claims in the vicinity. LOCATION MADE ON SUNDAY. Sec. 17. Any loca- tion made upon Sunday or any public holiday shall not for that I' The '•ficate. , ^4.) His « the end I Jrant. ^S-) The MINING LAWS. . dU.!. "^ "''" »' *" »«'io„. work 5! ' ™P™ven..ms. y .h. .pp„e.„. „,„ „^^.^^ ^ ^d«™.d to have claim so S^tj?";"-"""" h" Jued ■^•"^el"::;'- /"" ' ( ^J' "»"« of the claim. " """' ""tain- '•ficate. "' ^"*^'^ holder's existing free «,• . ^4 ) Wio . . miner's cer- BRITISH COLUMBIA, Columbia Gazette and in any newspaper published in the Prov- ince, and circulating in the district in which the claim is sit- uate, for at least sixty days prior to such application, which in- sertion can be made at any time after the posting of the no- tice on the claim. (f.) Shall have filed with the Mining Recorder a copy of the surveyor's original field-notes and plat immediately after posting the notice on the claim of his intention to apply for a certificate of improvements. (g.) Filed with the Mining Recorder — (i.) Affidavit of the holder of the claim, or his agent, in the Form G in Schedule of this Act. (h.) At the expiration of the term of the said publication, provided no action shall have been commenced and notice thereof filed with the Mining Recorder, he shall forward to the owner or agent, under Form I of the Schedule to this Act the documents referred to above, together with a certificate that the notice provided by section 36, sub-section (d), has been posted in his office, and the field-notes and plan depos- ited for reference therein from the date of the first appearance of the said notice in the British Columbia Gazette and con- tinuously therefrom for a period of at least sixty days. The Recorder shall also set out in Form I the name of the record- ed owner of the claim at the date of signing the same. COST OF SURVEY COUNTED AS WORK DONE ON CLAIM. Sec. 36a. The owner of a mineral claim who has had his claim surveyed within one year from the date of the record of the claim, or if the claim was recorded before the passing of this Act, then if surveyed within one year from the passing of this Act, and has filed in the office of the Min- ing Recorder in the Mining Division in which the claim is situated, a declaration by a Provincial Land Surveyor, stating that he has surveyed the claim as required by sub-section (c) of section 36 of the "Mineral Act," and that he has delivered two plats of the claim and a copy of the original field-notes to the owner of such claim, then the owner of such claim shall be entitled to have the cost of such survey, not to exceed one hundred dollars, counted as work done on the claim. i897* c. flSl. s. II. CERTIFICATE NOT IMPEACHED EXCEPT FOR FRAUD. Sec. 37- (i.) A certificate of improvements when kind, the , there sixty zette time cause Court ri,7ht 1 sliaJ] fi corder claim i of said able diJj or so to tiff's c]j m the sa to the p certified After th( with all person oj ^hem of Of the po ^'on shaJi enforce th '"? into i 'Wanner as ONUS person sha ^ny Jcind ^"y part t] ''^s been j] '°' ^^mpul '"•^t'on anj '"? of suci MINING LAWS. 383 FOR ts >«^*" issued as aforesaid shall not be impeached in any court on . ny ground except that of fraud. (2.) In case any person shall claim an adverse right of any kind, either to possession of the mineral claim referred to in the application for certificate of improvements or any part thereof, or to the minerals contained therein, he shall, within sixty days after the publication in the British Columbia Ga- zette of the notice referred to in section 36 hereof (unless such time shall be extended by special order of the court upon cause being shown), commence an action in the Supreme Court of British Columbia to determine the question of the ri,:;ht of possession or otherwise enforce his said claim, and shall file a copy of the writ in said action with the Mining Re- corder of the district or mining division in which the said claim is situate within twenty days from the commencement of said action, and shall prosecute the said suit with reason- able diligence to final judgment, and a failure to so commence or so to prosecute shall be deemed to be a waiver of the plain- tiff's claim. After final iudgment shall have- been rendered in the said action the person or any one of the persons entitled to the possession of the claim or any part thereof, may tile a certified copy of the same in the office of the Mining Recorder. After the filing of the said judgment, and upon compliance with all the requirements of the next preceding section, such person or persons shall be entitled to the issue to him or to them of a certificate of improvements in respect of the claim or the portion thereof which he or they shall appear from the decision of the Court rightly to possess: Provided that this sec- tion shall not apply to any adverse claim filed or action to enforce the same commenced prior to the date of this Act com- ing into force, but the same shall be continued in the same manner as if this act had not been passed. ONUS OF PROOF ON CLAIMANT. Sec. 37a. If any person shall in any suit or matter claim an adverse right of any kind to the mineral claim comprised in any record, or to any part thereof, or shall claim that any record is invalid or lias been improperly obtained, or that the holder thereof has not complied with the provisions of the Act under which the location and record were made, or has not prior to the obtain- ing of such record made a good and valid location of such mineral claim according to law, the onus of proof thereof shall aB4 BRITISH COLUMBIA. be on the person so claiming an adverse right, or so claiming that such record is invalid and has been improperly obtained as aforesaid, and in default of such proof judgment shall be ffiven for the holder of such prior record in so far as such action, suit or matter relates to any of the matters aforesaid. 1897, c. 28, s. 15. EFFECT OF CERTIFICATE OF IMPROVEMENTS. Sec. 18. After the issuing and recording of such certificate of improvements, and while such certificate shall be in force it shall not be necessary to do any work on such claim. WHEN ENTITLED TO CROWN GRANT. Sec. 39- On the granting and recording of such certificate of improvements in respect to a mineral claim situate outside of the Railway Belt, the holder thereof shall be entitled to a Crown grant of such claim without the payment of the five hundred dollars required by section 35. And on the granting and recording of such certificate of improvements in respect of a mineral claim situate inside the Railway Belt, the holder thereof shall be en- titled to a Crown grant of such claim on the payment of five dollars per acre to the Mining Recorder. APPLICATION FOR CROWN GRANT. Sec. 40. The holder of a mineral claim for which a certificate of improve- ments has been granted and recorded shall make application for a Crown grant to the Gold Commissioner, enclosing his certificate of improvements, the Crown grant fee of five dol- lars, the Mining Recorder's certificate, Form I, the field-notes and plat, and the affidavit. Form G, within three months from the date of such certificate of improvements, and in default of such application having been made within such time such cer- tificate of improvements shall lapse and become absolutely void. TRANSFER AFTER APPLICATION. Sec. 41. If the holder of a mineral claim, after applying for a certificate of improvements, shall sell and transfer such claim to another free miner, upon satisfactory proof of such sale and transfer being made to the Gold Commissioner, the new holder of thej claim shall be entitled to a certificate of improvements in hisi own name. And if a sale and transfer shall be made to any person or company after a certificate of improvements shall have been issued, upon proper proof of such sale and transfer] MINING LAWS. jfiS The iprove- [ication re doV |d-note» IS from fault oi Ich cer- iolutely llf the Icate o{ lanothw ltrans<« ol the in his to any Its shall! Itrans^rt] being made to the satisfaction of the Chief Commissioner of Lands and Works, the Crown grant shall issue to the new holder of the claim. NOT TO TRANSFER, WHEN. Sec. 4a. When a holder of a mineral claim has taken out his certificate of improve- ments he shall not record any transfer of his rights in the said claim until he obtains his Crown grant. CROWN GRANT DOES NOT INVALIDATE A LIEN. Sec. 43. The issuance of a Crown grant shall not invalidate any lien which may have attached to any mineral claim pre- vious to the issuance of such Crown grant. WHAT PASSES BY CROWN GRANT ON WASTE LAND. Sec. 44. A Crown grant of a mineral claim located on any waste lands of the Crown shall be deemed to transfer and pass the right to all minerafs within the meaning of this Act (excepting coal) found in veins, lodes, or rock in place, and whether such minerals are found separately or in combina- tion with each other, in, upon, or under the land in the said Crown grant mentioned. WHAT PASSES BY CROWN GRANT WHEN ALL MINERALS (SAVE COAL) HAVE BEEN RESERVED. Sec. 45. Crown grants of mineral claims located on lawfully occupied land the right whereon to enter, prospect, and mine all minerals (other than coal) has been reserved to the Crown and its licensees, shall pass to the grantee all min- erals within the meaning of this Act (other than coal) found in veins or lodes, or rock in place, and whether such min- erals are found separately or in combination with each other, which may be in, upon, or under the land in the said Crown grant mentioned, and including all the rights given to mineral claim holders of mineral claims so located, but such Crown grant shall expressly reserve the rights of such prior occu- pant. (Where the mineral claim is located on land lawfully oc- cupied under a timber lease, the Crown grant shall convey the surface and minerals within the meaning of this act (save coal) found in veins or lodes, or rock in place, but shall re- serve the timber. WHAT PASSES BY CROWN GRANT WHEN GOLD AND SILVER HAS BEEN RESERVED. Sec. 46. Crown if 25 386 BRITISH COLUMBIA. grants of mineral claims located on lawfuU^ occupied lands, the right whereon to enter and mine gold and silver has been reserved to the Crown and its licensees, shall pass to the grantee all the gold and silver found in veins, or lodes, or rock in place, which may be in, upon, or under the land in the said Crown grant mentioned, and including all the rights given to mineral claim holders of mineral claims so lo- cated; but such Crown grant shall expressly reserve the rights of such prior occupant. PURCHASE BY CROWN GRANTEE OF MINERAL CLAIM OF SURFACE RIGHTS ON WASTE LANDS. Sec. 46a. The lawful holder of a Crown grant of a mineral claim issued under the provisions of this Act shall, in cases where such mineral claim has been located on waste lands of the Crown or on lands not already lawfully occupied for other than mining purposes, be entitled to receive a Crown grant of all the surface rights of such mineral claim on payment to the Government of British Columbia of the sum of five dol- lars per acre for such land, and of the fee of five dollars for the Crown grant. 1897, c. 28, s. 12, REPEAL OF ACTS DEEMED TO HAVE CLAUSES SAVING RIGHT OF MINERAL CLAIM-HOLDERS TO OBTAN CROWN GRANTS. Sec 46b. Notwithstanding the repeal of any Acts relating to mineral claims, or the sav- ing clauses of any such repealing Acts, all such repealing Acts shall be deemed to have contained provisions declaring the hold- ers of records of mineral claims entitled to apply for Crown grants thereof under the provisions of the law in force at the time of such applications, and that the procedure upon any such applications shall be that prescribed by the Statutes in force at the time of such applications, the grants thereafter vesting in the holders such rights as were declared by the Stat- utes in force at the date of record of such mineral claims: Pro- vided, however, that nothing contained in this section shall impair or in any way restrict the rights and privileges con- ferred on owners of mineral claims by the preceding section of this Act. 1897, c. a8, s. 16. VALIDATION OF CROWN GRANTS HERETOFORE ISSUED. Sec. 46c. All Crown grants heretofore issued to ihe holders of mineral claim records shall be deemed to have bee app hole Stat clain the f 38, Al I/an for w taut i claim, 'or th( with tl API went ji of such i' by ar be chani signed b •HhPij 5^ KECC «nce. bil] y to a "iterest, cording , *° record 's betwee third parti from the »^tcr the sfjalj not njcnt of til "'^ Minin J '! situated! '^''^ be re? °^ "t'e rel' ^'S'ons of I TRANSI ih'V^^ WINING LAWS, been validly i,sueall cordini' ' w ?* /*^<^°'dcd within the tim! '"'"' °' '"'"'n* "« mineral claims- p-^ j . *'™* Prescribed f«- *o record any such J' ^'°^'<*«d. always, that tK / •/ '*' after .h. • °' '"«'> document- A-j ' ""rd, and not r o'M:r."ex«s '\'^"" "^ "-^^^^^^^^ '' '!•« Minine R^„ j ""bsequent to sucli r, " ""oo"" ^»' :?r ..'^'i' ri" "'^ '-" :nrj°r""* '''ereto. shall - , **»»«<«-y Act " anw *"* P'®" ^«ANS^ERf Vn ""' """""on.'"" "' "■"ndment. ° BE IN WKITING. Sec. ,o. No 388 BRITISH COLUMBIA. transfer of any mineral claim, or of any interest therein, shall be enforceable unless the same shall be in writing, signed by the transferrer or by his agent authorized in writing, and re- corded by the Mining Recorder; and if signed by an agent, the authority of such agent shall be recorded before the record of such transfer. All mineral claims derived under Crown grant, and every transfer thereof, or any interest therein, shall be registered under the provisions of the "Land Registry Act." LOCATOR TO ASSIGN INTEREST IN CLAIM IN WRITING. Sec. 50a. No free miner shall be entitled to any interest in any mineral claim which has been located and re- corded by any other free miner unless such interest is specified and set forth in some writing signed by the party so locating such claim. 1897, c. a8» s. 14. TRANSFERS UNDER "GOLD MINING AMENDMENT ACT, 1873." Sec. 51. The transfer of any real estate acquired under the provisions of the "Gold Mining Amendment Act, 1873," shall be in writing, signed by the transferrer or his agent authorized in writing, and need not be by deed or under seal. ILLNESS AND DEATH OF MINER. Sec. 52. No min cral claim shall be open to location by any other person dur- ing the last illness nor, unless with the permission in writing of the Gold Commissioner, for twelve months after the death oi the lawful holder. FAULTS OF GOVERNMENT OFFICIALS. Sec. S3 No free miner shall suffer from any acts of omission or commis- sion, or delays on the part of any Government official, if such can be proven. MILL-SITES. LOCATION OF MILL-SITES. Sec. 54- A free miner may locate anywhere unoccupied unreserved Crown land not known to contain mineral and not exceeding five acres, as a mill-site. No free miner shall be entitled to obtain and hold under this section more than one mill-site for each mineral claim lawfully held by him. Such mill-site shall be as nearly as possible in the form of a square. On locating a mill-site, the free miner shall comply with the following requirements: MINING LAWS. 38j> (a.) Mark out the land by placing a legal post at each corner. (h.) Post a notice on each post stating — 1. The name of such free miner. 2. The number of his free miner's certificate. 3. His intention, at the expiration of sixty days from the date of the notice to apply for the land as a mill-site. 4. The date of the notice. (c.) Post a copy of such notice on the office of the Mining Recorder. ENTITLED TO LEASE AND CROWN GRANT, WHEN. Sec. 55. On the expiration of sixty days after the fulfilment of the above requirements, the free miner shall de* posit, in duplicate, in the Office of the Mining Recorder, a plat of the said land made by an authorized Provincial Land Surveyor, and proved by affidavit that he has complied with the above requirements, and that the said land is not known to contain minerals, and shall furnish such other proof of the non-mineral character of the land as the Gold Commissioner may require; the free miner shall then be entitled to a lease, for one year, of the said land, which kase shall be executed by the Gold Commissioner. If, during the continuance of such lease, such free miner shall prove to the satisfaction of the Gold Commissioner that he has put or constructed works, or machinery for mining or milling purposes, on the said mill- site, of the value of at least five hundred dollars, he shall be entitled to a Crown grant of such mill-site upon payment of five dollars per acre for such land. Any free miner now having a lease of a piece of land for a mill-site, upon proving to the satisfaction of the Gold Commissioner that he has put or constructed works, or machinery for mininr "nd milling pur- poses, on the said mill-site of the value of at least five hun- dred dollars, shall, on payment of five dollars per acre, be en- titled to a Crown ^ant of such mill-site. APPLICATION FOR CROWN GRANT OF MILL-SITE. Sec. 56. On applying for a Crown gprant of a mill-site, the free miner shall — (i.) Pay the sum of five dollars per acre to the Mining Recorder. (2.) Deposit with the Mining Recorder the following doc- uments : ^90 BRITISH COLUMBIA. (a.) Lease of the mill-site. (b.) Plat of the mill-site. (c.) Surveyor's original field-notes. (d.) A certificate from the Gold Commissioner that wcrks 'or machinery for mining or milling purposes have been put or constructed on the mill-site to the value of at least five hun- "dred dollars. (e.) Application for the Crown grant. WHAT PASSES BY CROWN GRANT. Sec. 57. Crown -grants of mill-sites shall pass to the grantee all the surface of -the land in the said Crown grant mentioned, but all such •Crown grants shall expressly reserve all minerals under the said land, and the right to the Crown and its licensees to -enter and mine the said minerals, and may be in the follow- ing form: (L. S.) (Royal Arms.) No Province of British Columbia. Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and so forth. "To all to whom these presents shall come — Greeting: Know Ye that we do by these presents, for Us, Our lieirs and successors, in consideration of the sum of to TJs paid, give and grant unto h.... heirs and assigns, All that parcel or lot of land situate and numbered on the official plan or survey of the said in the Province of British Columbia. To have and to hold the said parcel or lo'^ of land, and all and singular the . premises hereby granted, with their appurtenances, unto the said , h heirs ■and assigns forever. Provided, nevertheless, that it shall at all times be lawful for Us, Our heirs and successors, or for any person or persons acting in that behalf by Our or their authority, to resume any part of the said lands which it may be deemed necessary to resume for making roads, canals, bridges, towing-paths, or -other works of public utility or convenience, so nevertheless -that the lands so to be resumed shall not exceed one-twentieth part of the whole of the lands aforesaid, and that no such re- -sumption shall he made of any lands on which any buildings -may have been erected or which may be in use for the more convenient occupation of any such buildings. MINING LAWS. Provided, also, that it -1,-11 ^'' Our heirs and successors or L*' *" *'"" '* ^^^'^^ 'or Us 'he same land, and of thl "'"J' ^'^ »n "ave anTcnio" p ' " heirs and persordJly' authorised I'that h\^',/u *'™^ ^^^'^^ ^r any pr^»;:d:"t-.ir ::irs? - -- -^^^^ *"a.e,, „, „.h„ public worl. "■""' °' ^^ "ads. fer, *: ^onor... %. °^ hereunto affixed- W.* ™^"*<^« ''/i'i^h Columbia.- -it'-iril"*-^"™" of^'our^P ::!:;«:? • <" Victoria, this. ....4 „,^'"™"'f'« House, in Our City TotT'" "«■« ''undr:dand- '" "" T" °' «" 1-°"^ ««OurRc,gn. **"" - and in the year ^y command. LICENSE To'»,'jr" ''''° ''«A™S. '- - - -e. ma, ., .ItX^ion" ^tbtt ^ "^ ^03 UlUriSH COLUMBIA. miMioner, obtain a license to run a drain or tunnel, for drain- age or any other purposes connected with the development or working of such claim or mine, through any occupied or unoc- cupied lands, whether mineral or otherwise, upon security be- ing first deposited or given to such Gold Commissioner to his satisfaction for any damage that may be done thereby, and up- on such other terms as he shall think expedient. Sections 59 to 79 repealed, 1897. III. MINING PARTNERSHIPS. HOW GOVERNED. Sec. 80. All mining partneiships shall be governed by the provisions hereof, unless they shall have other and written articles of partnership. PARTNERSHIP TO BE ANNUAL. Sec. 81. A mining the partenerchip shall be mining and such othei' matters as per- to h2 a yearly partnership, renewable from year to year by tacit consent. SCOPE OF PARTNERSHIP. Sec. 82. The business of the partnership shall be mining and such other matters as per- tain solely thereto. RECORD OF MINING PARTNERSHIPS. Sec. 83. Min- ing partnerships can locate and record in the partnership name a mineral claim for each partner, but the name of every part- ner, and the number of every partner's free miner's certificate •hall be on the record of every such claim. The partnership name must appear on every such record, and all the claims so taken up shall be the property of the partnership. Provided, always, that no free miner who is the member of a mining partnership, holding by right of location a mineral claim, shall be entivled to hold by right of location in his own name or in the name of any other partnership any interest in any other mineral claim on the same vein or lode on which the partner- ship claim is situate. ONE PARTNER FAILING TO KEEP UP FREE MIN- ER'S CERTIFICATE. Sec. 84. Should any partner fail to keep up his free miner's certificate, such failure shall not cause a foneiture, or act as an abandonment of the partnership claim, but the share of the partner who shall so fail to kcepj up ves intc cate f any •t aj or /r resuii of th Partn< MA hrity manne: oe emi ments Such n shall re name o ^^ shall partner, I resent h labor so foreman discharg< diction i foreman roaJce sue ASSES njcnts shj OEFAl ^°y PartJ J'^« speciJ °^ correcJ '*"<' his ii ^^^ Partnel ^^sessmentl Mje. toget/ default; an °^ the sevJ i- )r c- lis jhip3 shaU lining s pef- ar by :ss oi IS per- Mio- name |y P*'** ttiflcatc lership linis so fovided, minioK shall lamc ot .y other [partner- iail W lot cause tnersbiP to keep] MIXING LAWS. 39^ up his free miner's certificate shall, ipso facto, be and become vested in his partners, pro rata, according to their lormcr interests, on the said partners paying the free miner's certifi- cate for the year. PARTNER'S RIGHT TO VOTE. Sec. 85. A partner in any mining partnership or his agent authorized in writing shall at any meeting thereof, be entitled to vote upon any interest or fraction of an interest which he may hold therein; but the result of the votes given shall be determined by the number of the full interests voted upon, and not by the number of partners voting at such meeting. MAJORITY TO MAKE ASSESSMENTS. Sec. 86. A ma- jority of such votes may decide when, how long, and in what manner to work the partnership claim, the number of men to DC employed, and the extent and manner of levying the assess- ments to defray the expenses incurred by the partnership.. Such majority may also choose a foreman or manager, who shall represent the partnership, and sue and be sued in the name of the partnership for assessments and otherwise; and he shall have power to bind them by his contracts. Every partner, or his duly authorized agent, shall be entitled to rep- resent his interest in the partnership property by work and labor so long as such work and labor be satisfactory to the foreman or manager. In the event of such workmen being discharged by the foreman or manager, the Court having juris- diction in mining disputes may, if requested, summon the foreman or manager before it, and upon hearing the facts make such order as it shall deem just. ASSESSMENTS, WHEN PAYABLE. Sec. 87. All assess- ments shall be payable within thirty days after being made. DEFAULT IN PAYMENT B\ PARTNER. Sec. 88. Any partner ~*"' t f B 396 BRITISH COLUMBIA. APPOINTMENT OF FOREMAN. Sec. lOo. Every such partnership shall appoint a foreman or manager, who bhall rep- resent the partnership, who shall sue and be sued in the name of the partnership, and his contracts in relation to the business of the partnership shall be deemed to be the contracts of the partnership. TO WHAT PARTNERSHIP IS LIABLE. Sec. loi. No such partnership shall be liable for any other indebtedness than that contracted by its foreman or manager, or by its ■gent duly authorized in writing. FAILURE TO COMPLY WITH PROVISIONS. Sec. zoa. Should any such partnership fail to comply with any of the provisions of this Act relating exclusively to "limited lia* bility" partnerships, such partnerships shall, from the date of such failure, cease to be a "limited liability" partnership. IV. MINING RECORDERS— APPOINTMENT, DUTIES, POWERS. APPOINTMENT OF MINING RECORDER. Sec. 103. The Lieutenant-Governor in Council may appoint any person to be a Mining Recorder in and for any pait of the Province. ELECTION OF RECORDER BY MINERS. Sec. 104. Where mineral land is discovered in a part of the Province so situate that the provisions of this Act as to free miners' cer- tificates and records of mining property cannot be justly ap- plied or enforced by reason of there being no Gold Commis- sioner or Mining Recorder in the locality, it shall be lawful for the miners of such locality to hold meetings at such times j and places as may be agreed upon, and at such meetings, byi a two-thirds vote, to appoint- one of their number to issue freej miners' certificates and to enter records of mining property; and such certificates and records shall be valid, notwithstand- ing any informality therein. Provided that all records so made and all fees for the same in accordance with the Schedule tol this Act. and a list of all free miners' certificates issued, andj the date and term thereof, and the fees for the same, be for-i warded to the nearest Gold Commissioner or Mining K^| corder as soon thereafter as practicable. , ^'^S Keco 'Joolc. ^V'Hat ''^« Mining J^'^^s, permit ""wioner or r GoJd Coi JJ;n? a tnii 'rd Book. '' Upon ate, or an;] upon MINING LAWS. 397 Ing RECORDER TO ISSUE CERTIFICATES. Sec. 105. Every Mining Recorder shall issue free miners' certificates and "substituted certificates" to all persons and companies entitled thereto. BOOK OF FORMS, COUNTERFOILS, etc. Sec. xo6. Such free miners' certificates shall be taken from a printed book of forms, with duplicate counterfoils, one of which coun- terfoils shall be filed in the office of the Mining Recorder. BOOKS TO BE KEPT BY MINING RECORDER. Sec. 107. Eevery Mining Recorder shall keep the following books: (a.) A book to be known as the "Record Book." (b.) A book to be known as the "Record of Abandon- ments." (c.) A book to be known as the "Record of Affidavits." (d.) A book to be known as the "Record of Conveyances." (e.) A book to be known as the "Record of Free Miners' Certificates." ISSUE OF CERTIFICATE. Sec. 108. Upon receipt of an affidavit setting forth a detailed statement of work, as required by section 24, the Mining Recorder shall issue a certificate of work in the Form E in the Schedule to this Act. FILING AND RECORD. Sec. X09. Upon issuing such certificate of work, the Mining Recorder shall file such affidavit in the Record of Affidavits, and also record sUch certificate of , work in the Record Book. RECORD OF CERTIFICATE OF IMPROVEMENTS. I Sec. no. Upon receiving a certificate of improvements, the Miaing Recorder shall record the same verbatim in the Record iBook. WHAT RECORDER MUST RECORD. Sec. m. 1897. |The Mining Recorder shall record all extensions of time, li- Icenses, permits, and other privileges granted by the Gold Com- Iniissioner or Mining Recorder, and all forfeitures declared by |tlie Gold Commissioner, and a memorandum of every judgment ifecting a mineral claim or other mining property, in the Rec- N Book. CERTAIN PARTICULARS ENTERED IN BOOK. Sec. \^- Upon any Mining Recorder issuing a free miner's certifi- «e. or upon any free miner applying to record any mineral 398 BRITISH COLUMBIA. claim, bill of sale, or other instrument, the Mining Recorder shall enter in the free miners' certificate book the particulars of such free miners' certificate, giving number of certificate, date, place of issue, and to whom issued. RECORD OF ABANDONMENTS. Sec. 113. Upon the receipt of a notice of abandonment, the Mining Recorder shall record the same in the Record of Abandonments, and tile such notice, and write across the record of the claim affected by such notice, in the Record Book, the word "Abandoned," and the date of the receipt by him of the notice. If only an interest in a mineral claim is abandoned, and not the entire claim, the memorandum in the record shall show which interest is aban- doned. RECORD OF AFFIDAVITS. Sec. 114. The Mining Re- corder shall record, by copying out verbatim all affidavits and declaratory statements required to be recorded in connection with his office, in the Record of Affidavits. RECORD OF CONVEYANCES. Sec. 115. The Mining Recorder shall record, by copying out verbatim, h\ the Record of Conveyances, all conveyances, mortgages, bills of sale, con- tracts for sale, and other documents of title, including powers of attorney, or other authorities, to execute all or any of the above description of documents when brought to him for that purpose. RECORD OF DOCUMENTS. Sec. 116. The Mining Re corder shall record in the Record Book .all other documents relating to mining property which may be brought to him for record, and shall file all such documents which may be brought to him to be filed. DATE OF ENTRY. Sec. 117. Every entry made in any of the above books shall show the date on which such entry was made. BOOK TO BE OPEN FOR INSPECTION. Sec. 118. All books of record and documents filed shall, during office hours, be open to public inspection free of charge. OFFICE COPY TO BE EVIDENCE. Sec. 119. Every, copy of, or extract from, any entry in any of the said books, or of any document filed in the Mining Recorder's Office, certi- fied to be a true copy or extract by the Mining Recorder, shall ^J/ lUlt , DUTIES \'"- l^Poni I'y' and do< h'der shall J «£COKD P any fret jwrtJficate of r ^^ing any r""' the ML f P«« thereof. h' 'or the P'^'de any MINING LAWS. be received in any Cour* 399 "-- OK CO J " """ "' " "•"- -- •«. tog«he, wi,h ,h. "fT"""*""" shall ,e„d .u!h ''"'° U.) Affidavit o7 ,h! '"'^'•"'""•ents. .«en,_K^„„ c_ how., „, „. „.„^^, ^^_^._^_ ^^ ^^^ <4) TheXy onh!"" "' "■• """'«" claim '"■ Upon r.^iMrom1hf f ^'''^^ ^O "ILL SITES , "« My free minei^. ^Jl-i"*^^ ^^^S. Sec. ,« b-/ ■ wtificate of wort ««n'«cate, or substita.jT" • " ''•••• « ling anvT " "*■"»« ""y «Mry in "^ k ««'«ca.e. „r K the M^„? ™"*"'' »' ""king any »„ '' '~°'' °' "'"d. "AV DIVIDE Tr"" '''^'''°^^- f "cordinir all i • °* °*^««". shall be th- ' "«^a as real estate,. too BRITISH COLUMBIA. or mining property situate within such mining division; an^l whenever, by this Act, or any Act amending the same, any- thing is required to be done at or in the office of the Gold Commissioner or Mining Recorder of the district* it shall, if the same affects or concerns any claim, mine held as real es- tate, or mining property situate within a mining division, be done at or in the office of the Mining Recorder of the mining division wherein such claim or mine, or other mining property, is situate. (b.) Upon the district or division of any Mining Recorder being divided or subdivided into mining divisions, it shall be the duty of such Mining Recorder to make, or cause to be made, a transcript of all the entries in all the books mentioned in section 107, affecting claims, mines held as real estate, or mining property situate in each newly created mining division, and to forward the same to the Mining Recorder of such min- ing division, and such transcript shall be kept in such office as part of the records of such office, and all transcripts of such records, certificates, documents or other instruments shall i)rima facie be deemed to be true copies of the several recordi, certificates, documents, or other instruments of which they pur- port to be transcripts; and such transcripts or copies thereof, ^hen certified by the Mining Recorder of the mining division in whose office they are kept, shall be admissible in evidence in all Courts of Judicature in this Province. GOLD COliMISSIONER HAS ALL POWERS OF MIN- ING RECORDER. Sec. las. When there shall be no Mining Recorder for a district or division, the duties of the Mining Recorder shall devolve upon the Gold Commissioner and it shall at all times be lawful for the Gold Commissioner to perform -the duties of the Mining Recorder, and the Gold Commissioner shall have all the powers of a Mining Recorder. OFFICE HOURS. Sec. ia6. The Mining Recorder's office ^hall be open upon such days and hours as the Lieutenant- Governor in Council may from time to time appoint, and fail- ing any particular appointment shall be kept open upon all| atin. to ».n.n. Cotber nrt-eu — o, .i— t .o» mi«- t^^ To t e (5.) in * J ^^g entercs., «» minerals f '"""inCd W s -W»« «or. -«°Veetirconn«."d with XVTf-co^^. or for -y P^;P-;/':S^';d to bave been {f,\ In all suits tor wi^^ mortgage, charge or jt a:, cbar.^.r j:i:v"rero-tbi f :^^^^^^^^^ •^"^^nVS ^o^pe;ifi^eHorm-«^^^^^^^ i„Jfi deiiverin. u. or^nc^.^ - ^„, „ otber m-^ xhase, or lease of any . ^. „ „. of an? -rin an ... - - -^:d- :; riv^e .. mining partnersh^. *hethe Act, or any other i^cv ing)- MINING LAWS. (".) Provided, always th«^ . enumerated, any of tL • "^'^'^^ before referre/ » '^ i »U't or matter into th*. «"^*""*« ^^e transfer of such »^*- -ns „y Judge o°,*.%^"^;;r/°"«- ""O -Pon "th 1^ Lty'^'r- '"■=" ««ons;?'„^°"«™''^'» satisfied .h«t terred, make an order ^;. -T- «atter should be c« * or matter into the Q, ^""«^ ^'^'^ ♦'ansfer of such Lr "*"" ^"'t or „,^tter, shall be had an/ hT '""P""* °^ ««<=h acton """"" pleadings. "•*™' '"«d, or disposed of "MINING JURISDICTION" "">«" as he ■"^ jurisdiction" sh,M bl wr^?"": °".'' """ "" -"rds '„•'' ""n'ori::nr"°r- -»""" o°Her"ri:„".s''" ^•""■""""• County cr. ''""^'■""'^" •"' -i""^' -- " »;;S^crrw^rth?hi4er oyow« •r j«c tnav order that co&ia T>,,iec. or " he snan judge may oi^ Tounty Court Kuies, oi ,3 £ MINING LAWS. 407 jurisdiction in mining disputes shall, with reference to real es- tate held under the "Gold Mining Amendment Act, 1873," or under this Act, and notwithstanding any law to the contrary, have the same powers and authorities to decide all matters or disputes arising between the owners thereof, or between the owners thereof and any third person, or between mining joint stock companies, or between shareholders therein, or between them and the company, in the same way and as fully as it might do concerning claims not being real estate, and actions, suits, and other proceedings relating to such matters or dis> putes shall be brought and had in the same manner as actions, suits, or proceedings relating to mining claims not being real estate. WHAT WRITS MAY ISSUE. Sec. 153. Any County Court Judge having jurisdiction in mining causes, may direct the issuing of writs of capias ad respondendum, ne exeat regno, and capias ad satisfaciendum in all cases in which by law he has jurisdiction over the subject-matter of the suit, but under and subject to such conditions as a Judge of the Supreme Court might usually require in applications of a similar nature. VII. PENAL AND MISCELLANEOUS. PENALTY FOR CONTRAVENTION OF ACT. Sec. 154. Any person wilfully acting in contravention of this Act, or re- fusing to obey any lawful order of the Gold Commissioner or of any Judge presiding in a Court shall, on conviction thereof in a summary way before anv two Justices of the Peace or a Stipendiary Magistrate, or before any Judge of a Court having jurisdiction in mining' disputes, be liable to a fine not exceed- ing two hundred and fifty dollars, or to imprisonment, with or without hard labor, for any term not exceeding three months. RECOVERY OF PENALTIES. Sec. 155. All fines and penalties imposed or payable under this Act may be recovered by distress and sale of any mining or other personal property of the offender ; and in uiefault of sufficient distress by imprison- ment, with or without hard labor, not exceeding three months. FIXES, ETC. Sec. 156. All fines, fees and penalties col- ^i BRITISH COLUMBIA. 'At Fund .« B"«»\<=°'tr..7 Nothing h«.in contained SAVING RIGHTS. Sec- «57- , ,^,ea, be so con- .h^l«« where .uch '""-'r.nvXtng right, and interests «™«i"I to affect P^i-dically »y -T" *od a" „i„i„g righta :^„tr,^ prior to th« -"-td «ae "..uired shall wi.hc^ ^ pHvilege. heretofore »"'ij^^="^^ j,.„ed to be taken and Z »me being expressly s«.t^d b ^^^ ^^.^^ ^„j ,„. held .ubiect to the nghts o »< ^^^ ^„d water, ceaaors, and to the public r.gn ^ ^._^^^^ ^_^ ^^ COPIES OF ACT. Sec. «58. Every ^^^ ^^^^^^ ,„ «on°. the M'""^^n r- --^ °'"" '"" °' ""'■ a printed copy ol this acv five cents. .„„tti»vitS MUST BE MADE. Sec. BEFORE WHOM A".^°^^"de under the provisions oi ,™ Affidavits and declarations .nade u ^ i,„„ of a S Act shall be mad* b'*"' ^"o„ld Comrtlissioner, Minmg C"urt of Record or bdor. so- Oo^a^^ ^, ^^^ p.,„, Notary Recorder, Stipcna.ary Mapstr^ ^ ^^^^^.^^ Public, or Comm.ss.oner for t « _^ ^j_^ ^,„ , , WHO MAY EXAMINE CLAIM^ Mineralogist shal ot Mines ana the P'-^r^.^ofand examine any mmera. KULES AND REGULATIONS^ ^^^ LIEUT..GOVERNOR ^^V "e^::feil may mau! such or- ,«, The Lieutenant.Governor n Counc- > ^_^ ^^^^ „„, f • 1 ,„ deemed necessary from t me to .^^^__^ ^^ ,„ ders as are ae accordmg to »•">'" orovision the provisions of tms j^v- ^ , vyhich no Pr"" *«et the cases which "^y "«« ^nd ^^^^ j, j. „ lieving agamst <»''"™'^^^,„e any regulations wh'ch »« c ^y farther "f^^"* tVp^visions in this clause con.a.ned ^^ :^dt; or any regulations -^'^^^^d further impose oe. .ions, and make others m MINING LAWS. 40» allies not exceeding two hundred dollars, or not exceedingr three months' imprisonment, for violation of any regulations under this Act; and further provide that any statement or re- turns required to be made by said regulations shall be veri- fied on oath. Every order or regulation made by virtue of the provisions of this section shall have force and effect only aiter the same has been published for two successive weeks in the British Columbia Gazette; and such orders or regulations shall be laid before the Legislative Assembly within the first fifteea days of the Session next after the date thereof. TAXATION OF MINES AND MONEYS INVESTED THEREIN. MINES TO BE TAXED. Sec. i6a. Notwithstanding any- thing contained in this Act, mines and moneys invested thereini shall not be exempt from taxation, but shall bear such rate a» may be imposed by* any law in the Province. ANNUAL TAX LEVIED ON EVERY CLAIM HELD UNDER CROWN GRANT. Sec. 163. There shall be levied and collected from the owner or occupier of every mineral or placer claim of which a Crown grant has issued, including^ Crown grants issued under authority of au Act made and passed in the 36th year of Her Majesty's reign, intituled "An. Act to amend the 'Gold Mining Ordinance, 1867,' and the 'Gold Mining Amendment Act, 1872,' " an annual tax of twenty- five cents for every acre and fractional part of an acre of land conveyed by the grant, payable on the 30th day of June ia each year. Such tax shall form a charge upon the claim. The Assessor appointed under or by virtue of any existing Assess- ment Act, or any Collector appointed under the "Provincial [Revenue Tax Act," is hereby authorized as to the mineral or I placer claims situate within the district for which he is ap- pointed, to collect and receive the tax. In the event of the |tix not being paid to the Assessor or Collector, the Gold Com- jmissioner may in his discretion cause the claim upon which the jtix is charged to be offered for sale by public auction, of whicb Iftxty days' notice shall be posted upon the principal Court IHouse of the district in which the claim is situate, and in one fiewspaper, if any, published in such district, and may sell sucb \\ «; 410 BRITISH COLUMBIA. •claim, receive the purchase money, and execute a conveyance -thereof to the purchaser. The purchase money shall be ap- -plied in payment of the expenses of advertising and the pay- ment of the tax, and any surplus shall be paid into the Treas* -ury in trust for the owner of the claim. In the event of there 1}e:njgr no purchaser, or if the price offered shall not be sufficient io pay the tax and expenses of advertising, the land shall ab- •solutely revert to the Province, and the Crown grant thereof shall be deemed void. The Assessor or Collector may, before •ofiFering the claim for sale, sue the owner or occupier for the lax, in a summary manner, before any Justice of the Peace, who may adjudge the same to be paid; and in default of pay- ment the amount due, together with costs, may be recovered by distress of the goods and chattels of the person against whom the tax may be recovered: Provided, that if the owner of any such mineral or placer claim shall establish, to the sat- isfaction of the Gold Commissioner, Mining Recorder, or As- sessor and Collector of the district in which the claim lies, that the sum of two hundred dollars has beeh expended thereon in labor or improvements in any one year, then the tax shall not be levied in respect of such claim for such year. CHANGE OF NAME. Sec. 164. Where a claim has been recorded under any name, and the owner or his agent is de- sirous of changing the same, the Recorder of said mining di- 'vision may, upon application being made by such owner or agent, and upon payment of a fee of twenty-five dollars, amend the record accordingly: Provided, however, that such change of name shall not in any way affect or prejudice any proceed- ings or execution against the owner of the said claim. EVIDENCE OF LOCATION DESTROYED. Sec. 165. \\'henever through the acts or defaults of any person other than the recorded owner of a mineral claim or his agent by him duly authorized, the evidence of the location or record on the ground, or the situation of a mineral claim, has been de- stroyed, lost, or effaced, or is difficult of ascertainment, never- theless, effect shall be given to same as far as possible, and the j Court shall have power to make all necessary inquiries, di- rections and references in the premises, for the purpose of carrrying out the object hereof, and vesting title in the first j bona fide acquirer of the claim. AC ncntio bat su( said A( time pr such rej any rig} any act Acts. The " ment ^c %." the eral Act ^ , PHNDJ ^'othing h pending at S^c. 168 ^ REPEA Sec. 169. ( [era] Act,"' ^'^ hereby |sch£dul: I. r^ ciaini. tc "section of t^ 7 clain, Jiel ^« location jf Dated thi Take Us care I MINING LAWS. 411 »• re nt lb- eoi ore the ace, pay- ered ainst wner J 3at- r As- i lies, lercon r sViaU been is dc- ing di- rtier or amend change proceed- L other |gent fey ;cord 00 Ibeen de- It, ncve^- and*e' ^iries. d*; irpose oi tw ftr*M VIII. REPEALING CLAUSE. ACTS REPEALED. Sec. 166. The Acts and parts of Acts mentioned in this section shall stand repealed and be repealed; but such repeal shall not be deemed to imply that any of the said Acts or parts of Acts which have been repealed at any time prior to the passing of this Act have been in force since such repeal: Provided further, that such repeal shall not affect any rights acquired, or any liabilities or penalties incurred, or any act or thing done, under any of the said Acts or parts of Acts. The "Mineral Act, 1891," the "Mineral Act (1891) Amend- ment Act, 189a," the "Mineral Act (1891) Amendment Act, 1893," the "Mineral Act Amendment Act, .1894," and the "Min- eral Act Amendment Act, 1895," are hereby repealed. PENDING LITIGATION NOT AFFECTED. Sec. 167. Nothing herein contained or enacted shall affect any litigation pending at the time of the passage of this Act. Sec. 168. Obsolete. REPEALS CERTAIN PROVISIONS C. A. 1888, c. 83. Sec. 169. Sections 5, 6, 13, 19, 20, 22, 27, 28 and 29 of the "Min- eral Act," being chapter 82 of the "Consolidated Acts, 1888," are hereby repealed. 1897, c. 28, s. 21. [SCHEDULES FOR USE UNDER BRITISH COLUMBIA LAWS. (From the Statutes of 1896.) FORM A.~LOCATION NOTICE. Mineral Claim. I have this day located this ground as a min- Tal claim, to be known as the Mineral Claim, feet in length by feet in breadth. The lirection of the location line is and feet of fc claim lie vo the right and feet to the left of |i« location line. Dated this day of , 189.. Take care to number the posts i, 2, making the initial pst 1. ! I 1 \f i 4X4 BRITISH COLUMBIA. FORM B.— RECORD OF MINERAL CLAIM. Mineral Claim. No. of Certificate, Located by: (Set out the name and receipt form of pay* ment of the record fee of each locator, and the No. of each locator's Free Miner's Certificate opposite such name.) The claim is situate The direction of the location line is The length of the claim is feet. The claim was located on the day of 189.. Recorded this day of 189.. , Mining Recorder. (If the stakes are not on the location line, comply with sec. 18.) FORM C— RECORD OF PARTNERSHIP MINERAL CLAIM. Mineral Claim. Located in the partnership name of The members of the partnership, and the Nos. of their re- spective Free Miner's Certificates are The receipt form of payment of the record fee. The claim is situate The direction of the location line is The length of the claim is feet. The claim was located on the day of , i89- Recorded this day of , 189.. , Mining Recorder. (If the stakes are not on the location line, comply with sec z8.) day 0/ St twe/v •ec. i Sw (Tl tered This •tatemer day of filed in act in th respect o Dated, POR] Situate ^Vhere ]] ■Take „c No. ..,_ '" fJ'e *n,in| '°« purpose, And furtj ''* commenj P^ovements. j Dated thi FORM D.—APPLICATION FOR CERTIFICATE OF WORK. Affidavit. _ p... I of in the District of , fr^*" ^^^ miner, make oath and say: I have done, or caused to be done, work on the Mineral Claim, situate at , in the District of ■ti.t,' to the value of at least one hundred dollars, since the -^r^ oath )ay- :acb 189- order. li sec lAL heir le- :E OF )i •■ MINING LAWS. 4x3 day of 189... The following is a detailed statement of such work: (Set out full particulars of the work done in the twelve months in which such work is required to be done by tec. 24,) Sworn, etc. (This affidavit may be made by an agsnt, and can be al* tered to suit circumstances.) FORM E.-CERTIFICATE OF WORK. (Name of claim) Mineral Claim. This is to certify that an affidavit setting out a detailed statement of the work done on the above claim since the day of , i89"> made by , has this day been filed in my office, and in pursuance of the provisions of Ihe act in that behalf, I do now issue this certificate of work in respect of the above claim to Dated, , Gold Commissioner or Mining Recorder. FORM F.-CERTIFICATE OF IMPROVEMENTS. Notice. Mineral Cl&im. Situate in the , Mining Division of District. Where located. Take notice that I, , Free Miner's Certificate No intend, sixty days from the date hereof, to apply tu the mining recorder for a certificate of improvements, for the purpose of obtaining a Crown grant of the above claim. And further take notice, that action, under section 37, must I be commenced before the issuance of such certificate of im- jprovements. Dated this day of , 189.. FORM G.— APPLICATION FOR CERTIFICATE OF IMPROVEMENTS. Applicant's Affidavit. , I, , of , in the District of ke oath and say: li !■ ; li m 4M BRITISH COLUMBIA. X. I, the recorded holder, and am in undisputed possession of the Mineral Claim, situated at , in the District (or Division) of 2. I, have done, or caused to be done, work on the said claim in developing a mine to the value of at least five hundred dollars, full ^particulars whereof are hereunto annexed and marked "A." This affidavit may be made by an agent, duly authorized, in writing, and can be altered to suit circumstances. 3. I, found a vein or lode within the limits of the said claim. 4. I, , had the claim surveyed by , who has made three plats of the said claim. 5. I, placed one such plat on a conspicuous part of the land embraced in such plat on the day of , 189.. 6. I, , posted a copy of the notice hereunto an- nexed, and marked "B," at the same place as said plat is posted, on the day of , i8g.., and another copy on the Mining Recorder's ofRce at , on the day of , 189.., which said notice and plat have been posted, and have remained posted, for at least sixty days con- currently with the publication of the said notice in the British 1 Columbia Gazette. 7. I, , inserted a copy of the said notice in the] British Columbia Gazette, where it first appeared on the . day ol 189.., and in the a newspaper pubv lished in the province and circulating in the district in whicb| the said claim is situated, where it first appeared on the . day of , 189.., and was continuously published for sixtyj days concurrently with the publication of the said notice m the British Columbia Gazette prior to the date of this atiidavit. 8. I , deposited a copy of the field noteS and plat the Record Office at , on the day of 169.., and they remained there for reference for sixty day^ con currently with the publication of the said notice in the Britisl Columbia Gazette. of Thi proved ProvisJ of imp; situate suance certificai i^ated This ( applied f, (form local 3^our aj ^Particulars must be exclusive of all houses and other lil improvements. le a noi ^n poj Q c ani 0< WINING LAWS. Sworn and subscribed to ' '89.., before me'"* at this 41S day FORM H.^CERT1FICATE nv r. ^CATE 01. IMPROVEMENIS ^.This is to certify' 'thai *"^ ^'*'«- district of . ,, , of ■>'-«.. .0 «.y'.'..ui;c.irn .h«"i:'' p"«"" No:".;.;.'" ,;tr Pro,„i„„. „, ,h. "Mineral a".-".: ""'. r"""'"" *"1 all' u" irr""" '» "'•>«' o? .h.° .""'" ""» ;°. " '".melt -ance " ii.' ' " I' ■' ■ '" "« !"««« of '.".V;- "'""".Claim, certificate !,f ■ """"""a o* the ..id Aci I A "'' '" >""■ •• . ..:.'..T°'''"'"''' "■ -p- o' ufabrer™''''* Dated ""• '** ° *"** circumstancesj FORM I.-MINING READER'S CERTTKr.. Alining Division CERTIFICATE. ..;;;••• Mineral Claim."*" ^'''''''' "* ^ate recorded, S>r:-I herewith enclose the followinir d »o» for a certificate oH^n ""'"'' ^^^^^»"» Copy of plat of claim ' ^^^^'"^^"^ (Form H). nott of J '^'^ ^"'*"y t^« |P^"od a notice' "in ^ 1 '^- ^nd . «««'«Paper ^•d claim deposited for refereU^ ' ^ "°'*^ ^"^ P^at of the P°''« of any action having tercomm? f ^^' ^"^ ^^^' «: I *f »een commenced against the issu- I^ate located, lo .... to your 4ltf BRITISH COLUMBIA. iii ance of a certificate of improvements to the said claim has t)een filed in this office up to this date. The recorded owner of the said claim at this date is Dated , 189.. , Mining Recorder. FORM J.-MILL SITE. NOTICE. Take notice that I, of , in the Dis- trict of , Free Miner's Certificate No , intend sixty days from the date hereof, to apply for acres of land for a mill site, situate at , in the District of , «8 a mill site. the "Mi I; liand Si- Dated FORM K— MILL SITE. AFFIDAVIT OF APPLICANT PRIOR TO LEASE. I, , of in the District of free miner, make oath and say: 1. I have marked out the land required by me for a mill «ite, by placing a legal post at each comer. 2. I have posted a notice on each such post, and on the Min- ing Recorder's office at , a copy of which notice is here- unto annexed, and marked "A." 3. The said land is not known to contain minerals, and ii) not, tu the best of my knowledge and belief, valuable as min- «ral land. FORM L.— LEASE OF MILL SITE. This indenture, made the day of 189.., b^| tween ., the Gold Commissioner for the District of ....; (hereinafter called the lessor), of the one part,| and of in the district of » *| free miner (hereinafter called the lessee), of t! e other partij witnesseth, that in the exercise of the powers vested in bia>| by the "Mineral Act," he, the said lessor, doth hereby demi* unto the said lessee, his executors, administrators and assigns £.\\ that (describe the mill site) for the term of one year froii la ^0 all w , ,f ^^^e not. \ t ^°' ^l Ik ^ said ' Oated • •• ., MILL SITE '■"ds and «.,,. ~'' *« ««1 parti., have hereunto ,ct ,h.- S..n.d, sealed, and delivered " I GRANT ^ ^^ CROWN r^'" - S:i:s''^' " '""' " chrtzpS op ^^"'- '"^■ works certify that TS. "".Ks or machinery for •'•"" has put or constructed m ^nd dem ,td h ' '^"^'^ dollars, o" "eVn"'''""'' •» ^' '«» . and n^^t ^,^^ '"den.ure dated the . ° """/«« described of .not, . between .... <*ay of .... °' such lease. during the . i I r„,, !f ^"^ existence P^,,, ^^^^ Commissioner. ;^"Vdan;a;e^r„rdoT'''^'"''"'«-^^^^^ oi' °*"" IS-Uu."'" """« to his said °''"d r.'':r.^ » "^>"''' °" """ "P-s conditions: •r ' ^"^^^^ Commissioner. r ' 1.-^ HIU 1 lllHi ' ^HR'' IWi HH i^^S; ! m H MB ' r !: 1 4«8 BRITISH COLUMBIA. FORM P.— MILL SITE. APPLICATION FOR CROWN GRANT. To the Mining Recorder at Sir: — 1 enclose herewith the sum of dollars and the under mentioned documents: L«ase of mill site. Plat of mill site. Surveyor's field notes. Certificate of Improvements. Affidavit of applicant. And I now apply for a Crown grant of the mill site demised by the above mentioned lease. Yours respectfully, Forms U &i^d R repealed 1897. FORM S.— FOR A FULL CLAIM. Mining Division, District. I» A. B., of , in the Mining Division of District, free miner, make oath and say: 1. I am the holder of Free Miner's Certificate No , dated day of , 18.., and issued at 2. On the day of ......... ib.., I located the Mineral Claim, situated (here describe position of claim as near as possible, giving the name or names of any Mineral Claim or claims it may join.) 3. I have placed a No. i and a No. 2 and a discovery poat of the legal dimensions on the said claim, with the legal no- tices on each post. 4. I have written on tire No. i post the following wurds: 5. I have written on the No. 2 post the following words: 6. That I have found n:ineral in place on the said laim. 7. That I have marked the line between No. i and No. 2 posts, as required by section 16 of this Act. 8. That to the best of my knowledge and belief the ground comprised within the boundaries of the said claim is unoccupied by any other person as a Mineral Claim ; that it is not occu" ^ « by any building or any land falling within the curtilage oi an> dwelling house, or any orchard, or any land under cultivation, or any Indian reservation. NOTE.— This declaration may be made by an agent. Dis I, date 2. the 3- on th west sketcli 4. J '^ the t'Ces o 5. I 6. i' 7.l'l 8. I^ as requi 9. Th; comprise i« unocc '^ 's not *he cur, land r j NC,;< for ever^r For every ^<^" .>an (b.; ^ ^^y subs^ £v( MINING JLAV\ S. "'Strict, free miner, m^k^ oath knrf* '"'"« ^^^«ion of I. I am the holder of Fr'e S^ ^^'' the ^" '^% day or:. '••' '"' "T^ " ;;;;;•• ....... fractional mineral claim 1" ^ ^^'^^'^^d 3- This IS a fractintiai i • *^^a*">» situated • o» the «.uth b;™"'"'"' «'•"» bounded on ,h, i;-;^"; west by . y-:- °n 'he cast by ™ ""^^ * I have written on the No , ■■■^■■ihavVwritte "' "'"°'''"' -«"== "-ve written on the No , "■^1 W^Vo d *"" "• "'"°-'»« word.: comprised within the L^J knowledge and belief the « unoccuo'cd h„ boundaries of the soM . . ' "ooai, made by an agent. 4X» SCALE OF FKFQ Tr^ T>^ :« every F,« «,„„. ^''^.^ ^° »^ CHARGED. (b1 :^'""* » nominal capita! «/ * ^'"^substituted certi;'^;..".*.*;.«> ' *'"''°~"- " '- « « 00 ■* I'M flu ^inmf»f^- 4ao BRITISH COLUMBIA. Recording any claim $a 50 Kecording every certificate of work 250 Recording any "lay over," or every other record re- quired to be made in the "Record Book" 250 Recording every abandonment, including the memoran- dum to be written on the record 250 For any other record made in the "Record of Abandon- ments" a 50 For recording every affidavit, where the sum does not ex- ceed three folios of 100 words 250 For every folio over l.r*e. 30 cents per folio. The above rate shall ^ irged for all records made in the "Record of Affiu. ,t»." For all records made in the "Record of Conveyances," wbere the same do not exceed three folios 250 For every folio over three, a further charge of 30 cents per folio. For all copies or extracts from any reccrd in any of the above-named books, where such copy or extract shall not exceed three folios, per copy 250 Where such copies or extracts exceed three folios, 30 cents per folio for every folio over three. For filing any document »S For a Crown grant 500 -«ov:kce op BKrnsH cox.umbu. PLACER MINING ACT, .,,, (As amended in rfi«. » Legislative AsaVb^'o"/ ""^ "■' ^"'"^ and co„s.„. , . conslruclioD of ,u: a ''"• '■ (1806 c „ •"e come«?" ""-"^^ '"P«.iv.„, Ur ronsi« "" "''' M'«." "Placer „,„e " . -"^nsisten, ^..fc or interest i„ any Z'L "^^" *^^ P^^^nal right nf erty" shaJJ be inclulf "''"^' «"d 'n the term" ^^ P'^P^^X used for nirr J ^'"^ '^''^^y placer claim %•!? ""'"'"« P^-^P- -^ th/ret'J :; ^r " ^"^^°^^^' -^ an o^w' th' "'^" "^'* «J'a" be divided inf '" *^" ^^''k'ng thereof p?"*' ^*^°"«- »in&s, bench w *° "^^'^ diggings h«r ! .^^**'*' cla»m» . ''C^ee^^ dUr ^^^^^ "'^•"^^' ^'^ ^'•- •••ver. stream, or ravin. ^^" ^"^^ "^'ne ia the h.^ , "^^r digg „ J/3^'";' «<^<^Pting bar diggi„' f ' ^"^ °^ ^ny t'-^nds when in Tts flooi ^'^^ ^"^ »"»"« ov^ which • "Ory diggJni;..^!^,^^ **ate. ^h,ch a „ver ex- »-er extendi^' '''" "^^«" any mine over which • "Bench digging.. ,», „ «=r which a nver shall, fnr thr ^f. ^ '^^" n^ean any min. :«r£-^HC^:f U'r — .•-. « . ( 421 > 1 - If |, 1 ! i^; ' 5J 'ij BRITISH COLUMBIA. '"Stnouns and ravines" shall include all natural watercourses ^Whether «isually containing water or not, and all rivers, creeks «and gulches. "Ditch" shall include a flume, pipe, race, or other artificial means for conducting water by its own weight, to be used for mining purposes. ''Ditch head" shall mean the point in a natural water-course or lake where water is first taken into a ditch. '*'Free miner" shall mean a person, or joint stock company, (or foreign company named in, and lawfully possessed of, a valid existing free miner's certificate, and no other. "Legal post" shall mean a stake standing not less than lour feet above the ground, and squared or faced on four sides lor at least one foot from the top, and each side so squared or fac^d shall measure at least four inches on its face so far as squared or faced, or any stump or tree cut off and squared or faced to the above height and size. "Record," "register," and "registration" shall have the same meaning, and shall mean an entry in some official book kept for that purpose. "Record," when used without qualifying words showing that a different matter is referred to, shall be taken to refer to the record of the location oi a placer claim. ^'FuU interest" shall mean any placer claim of the full size, or one of several shares into which a mine may be equally di- vided. "Close season" shall mean the period of the year during which placer claims in any district are laid over by the Gold Commissioner of that district. "Cause" shall include any suit or action. "Judgment" shall include "order" or "decree." "Real estate" shall mean any placer mineral land held in fee aimple. "Joint Stock Company" shall mean any company duly in- corporated for mining purposes under the "Companies Act," "Companies Act, 1890," and any company duly incorporated in British Columbia for mining purposes under the "Com- ipanles Act, 1862" (Imperial), and shall include all companies •falling under the definition of a foreign company in the "Com* ^anies Act." ^ I over stocl of a takin come liabili full a, pany tificat< DU certific ^he dal «xfstinj out in one jof] FOR foIJo;vin MODE ii» PLACER MINING. 443 FREE MINERS AND THEIR PRIVILEGES. FREE MINER'S CERTIFICATE. Sec 3. Every person over, but not under, eighteen years of age, and every joint stock company, shall be entitled to all the rights and privileges of a free miner, and shall be considered a free miner, upon taking out a free miner's certificate. A minor who shall be> come a free miner, shall, as regards his mining property and liabilities contracted in connection therewith, be treated as of full age. A free miner's certificate issued to a joint stock com* pany shall be issued in its corporate name. A free miner's cer* tificate shall not be transferable. DURATION OF CERTIFICATE. Sec. 4. A free miner's certificate may be granted for one or more years to run from the date thereof, or from the expiration of the applicant's then existing certificate, upon the payment therefor of the fees set out in the Schedule of Fees to this Act. Only one person or one joint stock company shall be named therein. FORM. Sec. 5. A free miner's certificate shall be in the following form: — BRITISH COLUMBIA. No. Free Miner's Certificate. NOT TRANSFERABLE. Date. Valid for year only. This is to certify that of has paid me this day the sum of , and is entitled to all rights and privileges of a free miner, for year from the day of » z8 . (Signature of Gold Commissioner or Mining Recorder, as the case may be.) MODE OF RENEWAL OF CERTIFICATE. Sec. 6. If any person or joint stock company shall apply for a free miner's certificate at the Mining Recorder's office during his absence, and shall leave the fee required by this Act with the officer or other person in charge of the said office, he or it shall be en> titled to have such certificate from the date of such application; and any free miner shall at any time be entitled to obtain a ' ! -i^: I I'M t , I1 1 424 BRITISH COLUMBIA. free miner's certificate commencing to run from the expiration of his then existing free miner's certificate, provided that when he applies for such certificate he shall produce to the Minmg Recorder, or in case of his absence shall leave with the officer or other person in charge of the Mining Recorder's otiice, such existing certificate. SUBSTITUTED CERTIFICATE. Sec. 7. If any free miner's certificate be accidentally de.stroyed or lost the owner thereof may, on payment of the fees set out in the Schedule to this Act, have a true copy of it, signed by the Mining Re- corder, or other person by whom cr out of whose office the original was issued. Every such copy shall be marked "sub- stituted certificate," and unless some material irregularity be shown in respect thereof, every original or substituted free miner's certificate shall be evidence of all matters therein con- tained. PENALTY FOR MINING WITHOUT CERTIFICATE. Sec. 8. Every person and joint stock company engaged in placer mining shall take out a free miner's certificate, and any person or joint stock company who mines or works as a miner in any placer claim, or on any bed-rock fiume, drain, or ditch, without having taken out and obtained such certificate, shall, on conviction thereof in a summary way, forfeit and pay a penalty not exceeding twenty-five dollars, besides costs: Pro- vided, always, that nothing herein contained shall prejudice the right to collect wages or payment for work done by any person or company, who, through not being a free miner, has rendered himself or itself liable to the above penalty. UNCERTIFICATED PERSON NOT ENTITLED TO INTEREST IN MINING PROPERTY, ETC. Sec. 9- (1895. c. 40, s. 2.) No person or joint stock company shall be recog- nized as having any right or interest in or to any placer claim, mining lease, bed-rock fiume grant, or any minerals in any ground comprised therein, or in or to any water right, mining ditch, drain, tunnel, or flume, unless he or it shall have a free miner's certificate unexpired. And on the expiration of a free miner's certificate the owner thereof shall absolutely forfeit all his rights and interest in or to any placer claim, mining lease, bed-rock flume grant, and any minerals in any ground comprised therein, and in or to any and every water right. OVVJV EES. S «r place «ny vvorj ^or a fre and Jiabli account ( due or t( duction a son. Eve '"S: Recoi '■■oni time directly ei •"Jt no sui ^"■om makii PENAL '^'^s to paj .^° the Rec '"? section , '^'n« false] '^ty not ex wther with I """fy convic 1^^^- 10. Ev PLACER MINING. 425 minins ditch, drain, tunnel, or flume, which may be held or claimed by such owner of such expired free miner's certificate, unless such owner shall, on or before the day following the expiration of such certificate, obtain a new free miner's certifi* cate. Provided, nevertheless, should any co-owner fail to keep^ up his free miner's certificate, such failure shall not cause a forfeiture or act as an abandonment of the claim; but the interest of the co-owner who shall fail to keep up his free min- er's certificate shall ipso facto, be and become vested in his co-owners pro rata, according to their former interests: Pro- vided, nevertheless, that a shareholder in a joint stock company need not be a free miner, and, though not a free miner, shall be entitled to buy, sell, hold, or dispose of any shares therein: And provided, also, that this section shall not apply to placer mines for which a Crown grant has been issued. OWNERS, ETC., TO PAY THE FEES FOR EMPLOY- EES. Sec. 9a. (1895, c. 40, s. 10.) Every owner of a mine or placer claim, and every contractor for the performance of any work upon a mine or placer claim, shall pay the annual fee for a free miner's license for any person in their employment and liable for the fee, and may deduct the amount so paid on account of such person from the amount of salary or wages due or to become due to him from such employer upon pro- duction and delivery of the receipt for such tax to such per- son. Every such owner or contractor shall furnish to the Min- ing Recorder or Collector, when requested by him so to do, from time to time, a list of all persons in his employ, or in- directly employed by him, liable to pay the said license fee;. but no such statement shall bind the Recorder or excuse him irom making due inquiry to ascertain its correctness. PENALTY. Sec. 9b. (1895, c. 40, s. n.) If any person. fails to pay the said licence fee for his employees, or to deliver to the Recorder or Collector the list mentioned in the preced- ing section when required to do so, or knowingly states any- thing falsely in such list, such person shall be liable to a pen- alty not exceeding one hundred dollars, to be recovered, to- gether with the amount of the unpaid license fees, upon sum- mary conviction before one Justice of the Peace. RIGHT OF CERTIFICATE-HOLDER TO PROSPECT. Sec. 10. Every free miner shall, during the continuance o£ * \H p,i .4^ BRITISH COLUMBIA. his certificate but no longer, have the right to enter, locate, -prospect, and mine for gold and other precious metals upon any lands in the Province of British Columbia, whether vested In the Crown or otherwise, except upon Government reserva- tions for town sites, land occupied by any building, and any lard falling within the curtilage of any dwelling house, and any orchard, and any land lawfully occupied for placer mining purposes, and also Indian reservations. FREE MINER TO GIVE SECURITY FOR DAMAGE. Sec. iz. Previous to any entry being made upon lands already lawfully occupied, such free miner shall give acfequate security, to the satisfaction of the Gold Commissioner, for any loss or damage which may be caused by such entry; and after such entry he shall make full compensation to the occupant or owner of such lands for any loss or damage which may be caused by reason of such entry; such compensation, in case of dispute, to be determined by a Court having jurisdiction in mining disputes, with or without a jury. Sec. ij. (Repealed by 1896, c. 35, s. 3.) RIGHT TO KILL GAME. Sec. 13. Any free miner shall 'be at liberty, at any period of the year, while actually prospect- ing or engaged in mining, to kill game for his own use. "MINERAL ACT, 1891." Sec. 14. A free miner shall have -all the rights and privileges granted to free miners by the ••Mineral Act, 1801." IL SIZE AND NATURE OF PLACER CLAIMS. H.OCATING, RECORDING. RE-RECORDING, WORKING AND LAY-OVERS. Sections 15 and 16 repealed 1897. SIZE OF CLAIM ON DISCOVERY OF NEW MINE. "Sec. 17. If any free miner, or party of free miners, discover a new mine, and such discovery be established to the satisfac- "tion of the Gold Commissioner, placer claims of the follon-j -ing sizes, in dry, bar, bench, creek, or hill diggings shall bej allowed, viz.: To one discoverer, one claim 300 feet in leng To a irty of two discoverers, two claims, amounting together to 600 feet in lengtbl To cJ To i ar At claim A center c.xceed XE DOiV£ ^'r cem «bando] the san deemed ^^ consi forking MEAS «2e of.p spective , shap: r^'y pia '1 form, a ^^iy fixe ?'''« notice «» 'eet anc «eed 100 fe LOCATJ , •;°'» made "^^ reason , r^ Jocatior «7 PLACER MINING. To a party of thre*. a- claim,. amoun.i„7?o,«hn„""' ">'« :And to each member of « ''**** '*«' »*« length shall be shown to the satisfaction of the Gold Commissioner. LEAVE OF ABSENCE. Sec. 39. Every free miner, or company of free miners, shall be entitled to a leave of absence- for one year from his or their placer claim or set of claims. (a.) Upon proving to the Gold Commissioner that he or they has or have expended on such claim, or on any portion of the set of claims, in cash, labor, or machinery, an amount equal to one thousand dollars on each full interest, without any return of gold or other minerals in reasonable quantities from such expenditure: and (b.) Upon the application for such leave being signed by all the holders of the claim or set of claims. Such leave of absence shall not be deemed to relieve the holder of such claim or set of claims from carrying out the provisions of this Act respecting free miner's certificates, rec- ords and re-records of such claims; nor shall this seer on affect the discretionary power of the Gold Commissioner with re- spect to granting a leave of absence under other venditions. NOT TO APPLY TO MINING LEASES. Sec. 39a- (1S95, c. 40, s. 3.) The provisions of sections 39 and 42 of the said Act shall not apply to land or mining property held un- der mining leases, pursuant to Part VII of the "Placer Min- ing Act, 1891," but such leases shall in all matters be gov- wied by the terms thereof. FORFEITURES ABSOLUTE. Sec. 40. Every forfeiture [oi a placer claim shall be absolute, any rule of law or equity to tke contrary notwithstanding. ^m f ' t : (,f !S i ••> - 1 ! < •1 -I I M. r'. fn 1 i 43a BRITISH COLUMBIA. i; :P NOT ENTITLED TO LAY OVER, WHEN. Sec. 41. No placer claim located and recorded in any district within four- teen days before, or at any time during the close season, shall be deemed to be laid over, unless so much work shall have been bona fide done thereon by the holder thereof as shall in the opinion of the Gold Commissioner, fairly entitle him to have such claim laid over. LAY OVER DURING INSUFFICIENCY OF WATER. Sec. 42. Where the supply of water is insufficient to work hy- •draulic or other placer claims requiring water to enable them to be worked, such claims shall be laid over by virtue of this section during such insufficiency, but no longer, except by leave of the Gold Commissioner; but a notice of such insuffi- -ciency of water must be posted on the office of the Mining Recorder within three days from the cessation of work. RECORD OF CHARGES ON CLAIMS. Sec. 43- Every bill of sale, conveyance or mortgage of a placer claim, or of any fraction thereof, shall be recorded within the time pre- scribed for recording placer claims. TRANSFERS TO BE IN WRITING. Sec. 44. No trans- fer of any placer claim, or of any interest therein, shall be en- forceable unless the same or some memorandum thereof shall be in writing, signed >>y the transferrer, or by his agent au- thorized in writing, anc recorded in the Record of Convey- ■ances. TRANSFERS UNDER "GOLD MINING AMEND- MENT ACT, 1873." Sec. 45. The transfer of any real estate ■acquired under the provisions of the "Gold Mining Amend- ment Act, 1873," shall be in writing, signed by the transferrer or his agent authorized in writing, and attested by a sub- scribing witness. IIL TUNNELS AND DRAINS. LICENSE TO MAKE TUNNELS OR DRAINS THROUGH OTHER LAND. Sec. 46. Any free xniner re- quiring to run or construct a timnel or drain in connection with his claim through any occupied or unoccupied lands, whether mineral or not, shall obtain a license from the Gold Cot or sion sion draii shall missi fiook, TC shalj as rea RI( Any fj Srant ( «" b. „a„t«i sioner; and shall «i " "'* O'scretion of such r^i^^.^ "° shall be subject to LhT""''""" ">^'' "Quire Lh"" " TO BELONG TO CI at»» ^ 'ha" b. considered « part Tihe ',• ^'^ ^ ""■-" <>' d«in ■"^. ground in his dTst^^f ,0^''"'"'''' ""O "Pon any min «- for public d..inar<;,tint """'^ »' -strucL"""' ."car',oreveTst^eh^""^-^0"CE. Sec. « The - 0- .he nan,;Vrchr;.i«„r t'h'e ■'" -•"•»^. -' ^b'a^." •■e proposed drain, the amoSnt "j f, """" "■<< «'"t of Svi.etsruihJ r'bt -'^-«°^ - L^at t7a'f' .?' at fhJ^-Kf : ** * '° oe acquired Th^ t- " ^^^ other -.cu. .ct posrd\r;i.r:s' -i- --be' ."o™- - .a"f hrjat~ - -«;c,rar1a;t' ^^7 ih DEPOSIT OF $2c q, ;P^o^?ra;:dJt■'T^--;^^^^^r:^ '™'''i;;,'if ^^. KIGHT OF WAV. FTC S :-■ -^ sh^VnVbfrnlor''^^^^^^ ''-^« ^'^ Co.lt »' Pwvers ,«' . • ' '" *"'' "^ase to exceed tL. "'"""■ " set out m the application * '"""• "ebts, j8 y . .' i 434 BRITISH COLUMBIA. COVENANTS ON PART OF GRANTEE. Sec. 52. The following covenants and conditions on the part of the grantee and his assigns shall be deemed to be part of every grant, whether expressed therein or not. (a.) That he shall construct a drain or drains of sufficient size to meet all requirements within the time therein named. (b.) That he shall keep the same in thorough working or- der and repair, and free from all obstructions, and in detauit thereof that the Gold Commissioner may order all necessary alterations or repairs to be made by any free miners, other than the grantee or his assigns, at the cost and expense of the latter; such cost and expense to be levied by sale (subject, however, to the conditions of the grant) of all or any part of the drainage works, materials, and tolls, or any of them. (c.) That he shall, within a reasonable time, construct proper tap-drains from or into any adjacent claims, upon being requested in writing by the holders thereof so to do; and if such grantee shall fail to commence the construction of any such tap-drains for five days after receipt of such request, or after making such commencement shall for three days fail to proceed with such construction, he shall permit such holders to construct such tap-drains, in which case such holders shall only be chargeable with one-half the specified rates of toll, or such other proportion as the Gold Commissioner may direct. (d.) That he will not, in the construction and maintenance of such drains and tap-drains, in any way injure the property of others, and that he shall make good any damage done by him. RECORD OF GRANT— REN 1. Sec. 53- Every such grant shall be recorded in the Record Book, and the deposited sum of twenty-five dollars shall be retained as a recording fee. A rent of twenty-five dollars for each quarter of a mile and each fraction thereof shall be paid annually to the Mining R^ corder by the grantee; such rent to commence from the date of the grant. HO plying (I.) conspic tended the Mil shall CO (a.) (b.) cate. I (c.) : the strea WATER RIGHTS. WATER RIGHTS. Sec. 54. Every free miner shall be en- titled to the use of so much of the water naturally flowing through or past his placer claim, and not already lawfully »P" PLACER MINING. 43S e c if nt or- ult ary her ; Ol lectr t ol truct )eing nd ii I any St, or iail to tcrs to shaU ,11, or rect. :nance •operty »ne by ■y such Tposited Ing ie«' lile and Jing ^^ fhe dat* |l be ett' liuUy »?• propriated, as shall, in the opinion of the Gold Commissioner be necessary for the due working thereof. WATER RIGHT TO UNAPPROPRIATED WATER. Sec. 55. (iSjM, c. 33, s. 2.) A free miner may, at the discretion of the Gold Commissioner, obtain a grant to a water right in any unappropriated water, for any placer mining purpose, for any term not exceeding ten years, upon such terms and oondi> tions as such Gold Commissioner shall think fit; but no free miner shall be charged any money rental for any such water used by him for mining purposes on his own mining claim. HOW WATER RIGHT OBTAINED. Sec. 56. Before ap- plying for any such grant, the free miner shall — (i.) Post a notice in writing on a legal post upon some conspicuous part of the ground on which such water is in- tended to be used, and a copy of such notice on the office of the Mining Recorder for at least twenty days, which notice shall contain the following particulars: — (a.) The name of each applicant. (b.) The number of each applicant's free miner's certifi- cate. (c.) The name, or if unnamed, a sufficient description of the stream, lake, or other source from which such water is in* tended to be taken. (d.) The point of diversion or intended ditch-head. (e.) The number of inches of water applied for. (f.) The purpose for which it is required. (g.) The date of the notice. (2.) If more than three hundred inches are applied for, a deposit shall be made with the Gold Commissioner of twenty- five dollars, to be refunded if the grant is not made. RECORD OF GRANT. Sec. 57- The grant of such water right shall be recorded in the office of the Mining Recorder in the Record of Water Grants, within the time limited for the recording of placer claims, and shall during each year of the continuance of the grant, and whilst it shall be in operation, be recorded as in the case of a placer claim. GRANT NOT EFFECTUAL TILL RECORDED. Sec. !&• No grant shall take effect until recorded. WATER NOT TO BE SOLD, EXCEPT. Sec 59- No irce miner shall be entitled to a grant of the water of any I ■) ,1 - ^ ■■■■ i , V ■ j: - i ; ■: ' 'l ' ' ■: :*-^ i > ■ . - ft 'It i ii'l 'I !! I'll !:> i iii ill 496 BRITISH COLUMBIA. i stream for the purpose of selling the water to claim-holders on any part of such stream. The Gold Commissioner may, how- ever, grant such privileges as he may deem just, when such water is intended to work bench or hill claims fronting on any such stream; provided, that the rights of free miners then us- ing the water be protected. DISTRIBUTION OF WATER. Sec. 60. The owner of any water right may distribute the water to such free miners and on such terms as he may deem advisable, within the lim- its mentioned in his grant: Provided, always, that such owner shall be bound to supply water to all applicants, being free miners, in a fair proportion, and shall not demand more from one than another* except where the difficulty of supply is en- hanced. RIGHTS OF MINERS LOCATED BELOW DITCH HEAD. Sec. 61. If, after the grant has been made, any free miner or free miners locate and bona fide work any placer •claim below the ditch head, on any stream so diverted, he or thejf shall collectively be entitled to forty inches of water if two hundred inches be diverted, and sixty inches if three hun- dred be diverted, and no more, except upon paying I0 the grantee compensation equal to the amount of damage sus- tained by the grantee on account of the diversion of such extra •quantity of water; and, in computing such damage, the expense of the construction of the* ditch shall be considered. PRIORITY OF NOTICE, PRIORITY OF RIGHT. Sec €a. On any dispute between applicants for a grant prior to «uch grant being made, priority of notice shall constitute pri- ority of right, if any. DATE OF GRANT. Sec. 63. A grant duly recorded shall speak from the date of the grant, and not from the date of the record. RIGHTS OF PERSONS USING WATER. Sec. 64. Every such grant shall be subject to the rights of such free miners as shall, at the date of such grant, be working on the stream above or below the ditch head, and of any other per- sons lawfully using such water for any purpose whatsoever. GRANT OF WATER RIGHT APPURTENANT TO CLAIM. Sec. 65. A grant of a water right made in respect of any placer claim or placer mine held as real estate, shall be dee clai; ieitt the shaiJ W With comn which Prosej tion, vided, tion, a shown, ^his se CHj grantee Gold C 'ng sue] Commisj for: Hvery '"ng the water, ments. forfeited CARR Any per, PJace, for or flume, 'occupied, Commissi< possession prevail, sc iust. RULES ^" measur ^'■all be ol °* oieasun ^^^n into PLACER MINING tieemed appurtenant to auru , • •'^^ claim or mine shall I ^ *=^*'"> or mine anW u the claim or «^ .* occasion for the u^^ ^* !u "*^ *^' 'or- ""-- :H"f >'"^""" •-'■=' •■= Wittin .hi«yX ,,.r'J *^ COMMENCED Sec « commence the /J . °* «*"ant is made ♦», ^- ^- .ion, aUon^eh'':^;^' «<"« Con-missi^ne"/ *', rSrV^™" shown Tr«« ^ *° <^«ase for anv t.-«,- "*^ dibcre- CHANGE o/Tomr'n' '"""«' '"" °' Ev!:r,L'"r„f« f.°^ :^'^S"NG WATER s 'nents. the GoW ^i^""^ of water in excess nf u- ^^^ forfeited. *'''"' '^°">-"ioner „a, dec.a/e hU jiaVrT An'te«rrdlr/f„« ,^«OSS OTHER LAND Se / prevail c« "®*"^*^ of the m ne or o{\h^ *" ''^ ^^^^ "» , -■ - ^^ .o e„U.,e .„ .„ coC:a^-„rT.H-:t- j - I"Sj°^, i'^ASUSEMENT OF WATER , - « <..- o. ..,„ e«ep aT „„-o ;- .^.^^ ... ^ , i38 BRITISH COLUMBIA. tally at the place at which the water enters it. One inch of water shall mean half the quantity that will pass through an •orifice two inches high by one inch wide, with a constant head •of seven inches above the upper side of the orifice. NOTICE TO BE GIVEN ON APPROACHING ANY DITCH. Sec. 71. Whenever it shall be intended, in forming or upholding any ditch, to enter upon and occupy any part of a placer claim, or placer mine held as real estate, or other land, or to dig or loosen any earth or rock within twenty feet >= a yearlv „ ^ '" otherwise agreed ,m .^ "■'"'■'8 '=". co„J„T'^ P'«"er,hip. re„ewabli^"o™"S . ' ""'"«' -* Parr„e°hV^h™KSHIP. gee. 8,. The h • P->n soie., Ser ^^ "'"■-'^ -« -h X'^s at KIGHTS OF PAPTxTt:.T.^ ".^ Sr" Jr- - -- H.%atS./t;. *'"'- — ■ «rt su"h ri,f„ T""* '"d --"orded Ts , . ■; P^'-'rahip 0" stake „^ l*"" ""^ '"feed as an orH- "' "='»'"»• "d '•^Ice. b„ °? °*°? "«"' <"»■•>» shall be "f' P'"" 'Wm. ' -« .h,„ be „„ .he"Tr,rti«arpor- "' h i I I I I '^ til 440 BRITISH COLUMBIA. RECORD OF PARTNERSHIP CLAIMS. Sec. 83. A set of claims may be recorded iu one record. The name of every partner, and th^ number of every partner's free miner's certificate, shall be on the record of every such set of cairns. The partnership name shall appear on every such record, and all claims so taken up shall be the property of the partnership. PARTNER'S RIGHT TO VOTE. Sec. 84. A partner in any mining partnership, or his agent authorized in writing, shall, at any meeting thereof, be entitled to vote upon any interest or fraction of an interest which he may hold therein; but the result of the votes given shall be determined by tiie number of the full interests voted upon, and not by the num- ber of partners voting at such meeting. MAJORITY TO MAKE ASSESSMENTS. Sec. 85. A majority of such votes may decide when, how long, and iu what manner to work the partnership claim, or set of claims, the number of men to be employed, which number shall not be less than one man to each claim, and the extent and manner of levying the assessments to defray the expenses incurred by the partnership. Such majority may also choose a foreman or . manager, who shall represent the partnership and sue and be sued in the name of the partnership for assessments and other- wise; and he shall have power to bind them by his contracts. Every partner, or his duly authorized agent, shall be entitled to represent his interest in the partnership property by work and labor, so long as such work and labor be satisfactory to the foreman or manager. In the event of such partner or agent being discharged by the foreman or manager, the Court having jurisdiction in mining disputes may, if requested, sum- mon the foreman or manager before it, and upon hearing the facts make such order as it shall deem just. ASSESSMENTS, WHEN PAYABLE. Sec. 86. All asse s ments shall be payable within five days after being made. DEFAULT IN PAYMENT BY PARTNER. Sec. 87. A^Y partner making default in payment after receiving a notice cer- tifying the amount due by him, shall, if such amount be cor- rect, be personally liable therefor to the partnership, and his interest in the partnership property may be sold by the part- nership for the payment of the debt, and any further assess- ment which may have accrued thereon up to the day of sale^ toget and i severs ing d rected erty o cases, of sale on the thereto notices the da> •n som( mining sale sha: chaser s to a bill saie shal had. EFFE, After a ] served 01 "lember J'able for curred aft shall be and recori INTEK ^- Any I sale of, hi. fst shall c. ^ J^ARTN J^EBTS ffter a bill liable for after. "limit; compr or . d be ther- Iracis. titled work ctory er or ICourt urn- ,g t^= Any le eer- ie cor- id bi^ part- issess- It salCf PLACER MINING. together wit'.i all costs and charges occasioned by such defuult^ and if the proceeds of the sale be insufficient to pay off the several sums mentioned the Court having jurisdiction in m.n- ing disputes, upon being applied to, shall issue an order di> rected to the sheriff to seize and sell any other personal prop- erty of the debtor. Notices of sale shall, in either of the above cases, be conspicuously posted ten clear days prior to the day of sale, in the vicinity of such mining or other property, and on the Court House or Mining Recorder's ofHce nearest, thereto. But if such partner be absent from the district, such notices shall be posted as aforesaid thirty clear days before the day of sale, and a copy of such notice shall be published in some newspaper circulating in the district wherein such> mining or other property is situate for the same period. Sucb sale shall be by public auction to the highest bidder. The pur- chaser shall be entitled to possession of the property sold, andl to a bill of sale therefor signed by the auctioneer; such bill of sale shall confer such title upon the purchaser as the owner had. EFFECT OF NOTICE OF ABANDONMENT. Sec. 88. After a notice of abandonment, in writing, shall have been, served on the fore'^.an or manager of a partnership by any member therof, and ally recorded, such member shall not be liable for any debts or other liabilities of the partnership in- curred after service and record of such notice, and no member shall be deemed to have abandoned an interest until service- and record of such notice. INTEREST WHEN SOLD CONTINUES LIABLE. Sec, 89. Any partner shall be entitled to sell, or contract for the sale of, his interest in the partnership property, but such inter- est shall continue liable for all the debts of the partnership. PARTNER RELIEVED BY SALE FROM FUTURE DEBTS OF PARTNERSHIP. Sec. 90. No partner shall, after a bill of sale conveying his interest has been recorded, be liable for any indebtedness of the partnership incurred there- after. LIMITED LIABILITY. "LIMITED LIABILITY." Sec. 91- Any mining partner- sliip, composed of two or more free miners, and being free win ,( i i \ 1* il BRITISH COLUMBIA. from all debts in respect of the partnership property, may limit the liability of its members, upon complying with the require- ments following, that ii to say:— Upon filing with the Mining Recorder a declaratory state- :ment, containing the name of the partnership, the location and size of every partnership claim, and the particular interest of each partner; and also placing upon a conspicuous part of •every such claim, or set of claims, in large letters, the name of :the partnership, followed by the words "Limited Liability." TO BE ADDED TO NAME. Sec. 9a. The words "Limited iLiability" shall thereupon become part of the partnership name. EFFECT OF SAME. Sec. 93. After such conditions have (been complied with, no member of such partnership shall be liable for any indebtedness mcurrred thereafter beyond an 4imount proportioned to his interest in the partnership. DUTIES OF "LIMITED LIABILITY" PARTNERSHIP. Sec. 94. Every such partnership shall keep a correct account •of its assets and liabilities, together with the names of the part- ners, and the interest held by each, and shall make out a monthly balance sheet showing the names of the creditors, and the amounts due to each, and file the same among the papers ■of the partnership; and such balance sheet and all the books of the partnership shall be open to the inspection of creditors ai all reasonable hours. PARTNER MAY SELL HIS INTEREST. Sec. 95. Every partner in such partnership shall be at liberty to sell or dis- pose or his interest therein, or of any part thereof, to any other free miner; but such partner shall be liable for the in- debtedness on the said interest in proportion to his interest in the partnership. HOW TO AVOID FUTURE DEBTS OF LIMITED LIABILITY PARTNERSHIP. Sec. 96. No member of sucii partnership, after a bill of sale conveying his interest has been duly recorded, or after he has served a notice of abandonment ol his interest on the foreman, and left a copy thereof with the Mining Recorder, shall be liable for any indebtedness of the partnership incurred thereafter. DIVIDEND. Sec. 97. No such partnership shall declare .any dividend until all its liabilities have been paid. PLACER MINING. 441 FOREMAN. Sec. gS. Every such partnership shall ap- point a foreman or manager, who shall represent the partnef^ ship, and who shall sue and be sued in the name of the part- nership; and his contracts in relation to the business of the partnership shall be deemed to be the contracts of the partner* ■hip. WHAT DEBTS THE PARTNERSHIP IS LIABLE FOR. Sec. 99. No such partnership shall be liable for any other in- debtedness than that contracted by its foreman or manager, or (by its agent duly authorized in writing. VI. BEDROCK FLUMES. APPLICATION FOR RIGHT OF WAY FOR BED- ROCK FLUME. Sec. 100. One or more free miners may ap- ply to the Gold Commissioner for a grant of exclusive rights of way through and entry upon any mining ground in his dis- trict, for the purpose of constructing, laying, and maintaining a beu rock flume. IK vv' APPLICATION IS MADE. Sec. loi. Every such application shall be in writing, and shall be left at the Mining Recorder's office, addressed to the Gold Commissioner, and shall state the name of the applicant and the nature and ex- tent of the privileges sought to be acquired. Thirty days' no- tice of such application shall be given, by affixing the same to some conspicuous part of the ground through which the rights of way are asked, and a copy thereof upon the walls of the Court House or of the office of the Mining Recorder of the 4istrict. Prior to such application, such ground shall be marked out by legal posts, placed at intervals of one hundred and fifty feet along the proposed main line or course of the flume, with a notice of such application affixed to one of such posts. And it shall be competent for any free miner to protest before the Gold Commissioner within such thirty days against such application being granted, but not afterwards. Every ap- plication for a grant shall be accompanied by a deposit of one hundred and twenty-five dollars, to be left with the Mining I^ecorder, which shall be refundea if the application be refused, but not otherwise. M"'^ :i1:: ■j . r. ! rl;'| ! « '! 'H ;! ft CiL _ 1 BRITISH COLUMBIA. TEHM. Sec. 102. Every sich grant shall be in writing, signed by the Gold Commissiontr, and shall be for a term not exceeding five years. RIGHTS OF GRANTEE. Sec. 103. The grantee shall be entitled to the following rights and privileges, ihat is to say: (a.) The right of way through and entry upon any new and unworked river, creek, gulch, or ravine, and the exclu- sive right to locate and work a strip of ground one hundred feet wide and two hundred feet long in the bed thereof to each grantee named in such grant. (b.) The right of way th ougli and entry upon any river, creek, gulch, or ravine, worked by miners for any period longer than two years prior to such entry, and already wholly or par- tially abandoned, and the exclusive right to stake out and work both the unworked and abandoned portions thereof, one hundred feet in width, and one-quarter mile in length, for each grantee named in such grant. (c.) Such right of way through and entry upon any river, creek, or ravine discovered within two years next preceding the date of his application before mentioned, and upon any por- tions of which any free miner is legally holding and bona tide working a claim, as to the Gold Commissioner may seeim advis- able. (d.) The right of way through and entry upon all placer claims which are at the time of the notice of application be- fore mentioned bona fide being worked by any free miner, for the purposs of cutting a channel and laying his flume therein, with such reasonable space for constructing, maintaining and repairing the flume as may be necessary: Provided, that the owner of such last-mentioned placer claim shall be entitled to take and receive the gold or other minerals found in the cut so made. Subsection e of section 103 repe- led 1897. (f.) The right to all the gold or other minerals in his tlumes. (g.) No person locating new and unworked or abandoned ground within the limits of such grant, after the notice above mentioned hn been given, shall have any right or title as against such grantee to the ground so located. CLAIM-HOLDER MAY CONNECT WITH BED-ROCK! FLUME. Stc. 104. A holder of a placer claim through which 109. Th ^"" the sun time thi twenty the firsi shall be Commisi which nc dress; su the appli, granted, applicant; accordanc posited sh shall be V Sec. 115I AREAS plications distances : Jn creei "'•'Je in let Any otf •^ase shall i, ^^e hundre) Precious r '°'' precious °f other pJ ^^^^ Purposi , Provided,] '° «ffect thf p^ound to J ■"^^e and p] iPenditure J I "ifreof. Ifrr^^ LEaI PLACER MINING. 44^ tit TRIPLICATE GROUND PLAN TO BE FILED. Sec. 114. (1896, c. 35, 8. 7.) On making such application the free miner bhall deposit with the Mining Recorder, for the use of the Gold Commissioner, a plan of the ground, in triplicate. And every person making application for a lease of mining ground for any purpose under the provisions of this Act shall deposit the sum of twenty dollars with the Gold Commissioner at the time the application is made. If the application is granted, the twenty dollars deposited to be applied towards the payment of the first year's rent, and the balance of the first year's rent shall be paid by the applicant within sixty days after the Gold Commissioner gives him notice of the execution of the lease» which notice may be sent by letter to the applicant to his ad- dress; such address to be left with the Gold Commissioner when. the application for the lease is made. If the application is not granted, the twenty dollars deposited is to be returned to the- applicant; but in case the applicant fails to perform his part iik- accordance with his application, then the twenty dollars de> posited shall be forfeited to the government, and his appiicatioox shall be void. Sec. 115. (Repealed by 1896, c. 35, s. 8.) AREAS OF GROUND. Sec. 116. (1896, c. 35, s. 9.) Ap- plications shall not be for greater than the following areas or distances: In creek diggings on abandoned or unworked creeks, half a> mile in length. Any other placer mining ground, eighty acres; but in no case shall any lease extend along any creek or river more than five hundred yards; creek diggings excepted. Precious stone diggings, ten acres; but the right to mine lor precious stones shall not include the right to mine for gold or other precious metals, unless the ground be held also for* that purpose separately, under the provisions of this Act. Provided, always, that nothing in this Act shall be deemed to affect the right of any holder of a lease of placer mining^ ground to a renewal thereof, if such holder has substantialljr* made and performed upon the ground the labor, work, and ex- penditure required by such lease as a condition of renewal- 1 thereof. NO LEASE GRANTED OF AGRICULTURAL OR OC- ICUPIED GROUND. Sec. 117. (1894, c. 33, »• 6.) A lease- I : ■ Iff '31.4 -448 BRITISH COLUMBIA. «hall not be granted for any mining ground any portion of ^which is actually occupied by free miners, unless with the con* sent of such occupiers; and no lease shall be granted for any ^mining ground which is, in the opinion of the Gold Commis- sioner, available for agricultural purposes. GOLD COMMISSIONER\S POWERS. Sec. 118. (1896, c. JS, s. 10.) The Gold Commissioner may, with the sanction of the Lieutenant-Governor in Council, grant or refuse any appli- •cation for a lease of placer mining ground, or modify the terms and conditions of such application as he shall think fit. APPLICATIONS WITH PLAN ANNEXED. Sec. 119. (1896, c. 35, s. II.) Every application for a lease of placer min- ing ground, together with the plan of the ground and the Gold 'Commissioner's report thereon, shall be forwarded by such Gold Commissioner to the Lieutenant-Governor in Council, and -no lease shall be granted on any such application without his sanction. LEASES TO BE IN WRITING, ETC. Sec. 120. (1896, c. 35, s. 12.) Every lease of mining ground shall be in writing -signed by the Gold Commissioner and the lessee, and shall be in duplicate or triplicate, as the case may require, and one -copy of every such lease shall, as soon as possible after it is issued, be transmitted by mail by the Gold Commissioner issu- ing the same, to be filed in the oiTfice of the Mining Recorder in the fining division of the district in which the mining ground leased is situated. CONTENTS OF LEASE. Sec. 121. Every lease shall pro- vide for securing to the public reasonable rights of way and water, and shall contain a covenant by the lessee to mine the ground in a miner-like manner, and shall contain such cov- ■enants for the continuous working of such ground as the Gold Commissioner shall think reasonable, and shall reserve the right to free miners to enter on such ground and mine for veins or lodes, as defined by the "Mineral Act, 1891." . FORFEITURE OF LEASE. Sec. 122. (1896, c. 35, s. 13^ On the non-performance or non-observance of any covenant or -condition in any lease, such lease shall be declared forfeited by the Gold Commissioner, subject to the approval of the Min- ister of Mines, unless good cause be shown to the contrary- After any such declaration of forfeiture, the mining ground ■shall be open for location by any free miner. No lease, whether made declari LE. '23. I not be Gold ( Sec. held ur ficiently ^he satij tion 0/ to be W( upon th< able timi "lining g wissioner m Counci *''e case; under Jeas \vhen the a carryins «'ater, and ''"ch ditch thereof. I'ROCE (1896, c. 35 ^"e holder ('■) Pos conspicuous '^ intended , °^ the Mini I ^'^aJJ contaii (^■) The (b-) The , ^<:-) The r^^'^am. Jake r'"dfd to be (^') The ^e-) The (^•) The ^?) The PLACER MINING. 449 made before or after the passage of this Act, shall hereafter be declared forfeited, except in accordance with this section. LEASES TO BE ONLY FOR PLACER MINING. Sec. 123. Leases shall be granted for placer mining only, and shall not be assigned to sub-let without the written consent of the Gold Commissioner. Sec. 124. 6 May, i8q7. When any placer mining ground is held under lease, and such mining ground shall have been ef- ficiently worked as required by the conditions of the lease, to the satisfaction of the Gold Commissioner, and if at the expira- tion of the lease a portion of said mining ground remains still to be worked, the lessee may obtain an extension of the lease upon the same conditions as thi original lease for such reason- able time as will enable him to work out such portion of said mining ground as still remains unworked, and the Gold Com- missioner may with the sanction of the Lieutenant-Governor in Council grant such extension by memorandum endorsed on the case: Provided that whenever the mining ground so held under lease has been forfeited, abandoned, or worked out, and when the ditch or flume constructed for conveying water has a carrying capacity of not less than five hundred inches of water, and shall have cost not less than five thousand dollars, such ditch or flume shall remain the property of the owner thereof. TROCEDURE TO OBTAIN SUCH GRANT. See. 124a. (1896, c. 35, s. 15.) Before applying for any such water grant, the holder of a lease shall — (i.) Post a notice in writing on a legal post upon some conspicuous part of the mining ground on which such water is intended to be used, and a copy of such notice on the office of the Mining Recorder for at least twenty days, which notice shall contain the following particulars: (a.) The name of each applicant. (b.) The number of each applicant's free miner's certificate. (c.) The name, or if unnamed, a sufiicient description of the I stream, lake, or other source from which such water is in- 1 tended to be taken. (d.) The point of diversion or intended ditch-dead. (e.) The number of inches of water applied for. (f) The purpose for which it is required. (g.) The date of the notice. f 'I ( 450 BRITISH COLUMBIA. I, I I CONSOLIDATION OF HOLDINGS. Sec. 124b. (1896, c. 35, s. 15.) Any free miner, or two or more free miners, holding adjoining leases of placer mining ground, may consolidate his or their holdings into one holding, not to exceed six hundred and forty acres, by filing with the Mining Recorder a declara- tory statement containing the name of the company or partner- ' ship which is to hold the consolidated lease, the location and size of each lease, and the particular interest of each free miner in the leases to be consolidated, and such statement shall be signed by the holder or holders of the leases to be consolidated. After filing such declaratory statement, such free miner, or free miners, shall be allowed in each and every year to perform on any one or more of such leases all the work that is neces- sary to be performed to hold all such leases, and any water grant that has been made for the working of any one of such leases shall, after the consolidation of such leases, be appur- tenant to and may be used on any one of such consolidated leases; and provided further, that when two or more leases have been consolidated into one holding, as provided in this section, and such leases contain a provision that a certain amount of money shall be expended in working each of such leases each year in order to hold it, the holder or holders of such leases may, in lieu of the required expenditure in work on such leases in each year, pay to the Mining Recorder of the Mining Division in which such leases are situate, a sum equal to twenty-five per cent, of the aggregate amount required to be so expended in work on the consolidated leases, and receive from such Recorder and record a receipt for such payment; and payment and record thereof in any year shall relieve the person making it from the necessity of doing any work during the year in and for vvhich and upon the lease in respect of which such payment is recorded. RECORD OF WATER GRANTS. Sec. 125. (1896, c. 35. s. 16.) Every grant, and every extension of a grant, of a water right for mining grounds leased shall be recorded in the "Rec- ord of Water Grants," but it shall not be necessary to record such grant or extension annually. GRANT OF LEASE OF RIVER BED, ETC. Sec. 126. (189s, c. 40, s. 8.) It shall be lawful for the Gold Commissioner, with the sanction of the Lieutenant-Governor in Council, to grant a lease for any term, not exceeding twenty years, of the bed ( for a shall reserv run ta two fe putting fore or the hoj before ^or goJti ?aged ii or any < or mine provided 'ns- Act, at such t ^^ys resej •"ay be d '^e Purpoi °'' rocker. , '" any maj dredging, ^"" right nOTEc .*'n?-dams y "?' nor to |%IJ^G ' ^' a Minu ^fPOl]\rTJ I'LACER MINING. 451 bed of any river below low water mark for dredging purposes, for a distance not exceeding five miles, upon such terms as he shall think fit: Provided, always, that every such lease shall reserve the right to every free miner or mining company to run tailings into such river at any point thereon, also to mine two feet below the surface of the water at low water mark, by putting in wing-dams, whether such free miner shall locate be- fore or after the date of such lease; and it shall be lawful for the holder or holders of any lease or leases, whether granted before or after the passing of this Act, engaged in dredging for gold in any such river, at the time when they may be en- gaged in dredging, to cut into any bar, bench, or old channel or any of the banks of such river on which they hold leases, or mine in any bench or bank thereof during high or low water, provided the same ground is not leased under the "Placer Min- ing Act, 1891," and amending Acts, or any other Act, or is not at such time being worked by free miners, the right being al- ways reserved to free miners to construct wing-dams as far as may be desired into any of such bars, banks, or benches for the purpose of conducting mining operations, either by sluice or rocker, and parties holding suoh dredging leases shall not in any manner interfere with any free miner or stop him from working any part of said river or benches, otherwise than by dredging, of which the holders of such leases shall have the iull right. lee. 12^ IssioO*^' of the DREDGERS-PROTECTION. PROTECTION TO DREDGERS. Sec. 126a. (1895, c. 40, «• 9) It shall not be lawful for any free miner to construct wing-dams within one thousand feet of any dredger while work- ing, nor to obstruct any dredger in any manner. VIII. [MINING RECORDERS-APPOINTMENT, DUTIES, POW> ER.S. APPOINTMENT OF MINING RECORDER. Sec. 127. |The Lieutenant-Governor in Council may appoint any person be a Mining Recorder in and for any part of the Province. APPOINTMENT OF RECORDER BY MINERS THEM- i,^!^ " ;» «*- k- i^M aS; . i ^ ' i 'I ll 452 BRITISH COLUMBIA. I ■ SELVES. Sec. 128. Where mineral land is discovered in a part of the Province so situate that the provisions of this Act as to free miners' certificates and records of mining property cannot be justly applied or enforced, by reason of there being no Gold Commissioner or Mining Recorder in the locality, it shall be lawful for the miners of such locality to hold meetings at such times and places as may be agreed upon, and at such meetings by a two-thirds vote, to appoint one of their number to issue free miner's certificates and to enter records of mining property; and such certificates and records shall be valid, not- withstanding any information therein: Provided that all records so made, and all fees for the same in accordance with the Schedule to this Act, and a list of all free miners' certificates issued, and the date and term thereof, and the fees f«r the ^ame, be forwarded to the nearest Gold Commissioner or Min- ing Recorder as soon thereafter as practicable. RECORDER TO ISSUE CERTIFICATES. Sec. 129. Every Mining Recorder shall issue free miners' certificates and ^'substituted certificates" to all persons and companies entitled thereto. COUNTERFOILS TO BE FILED. Sec. 130. Such free miners' certificates shall be taken from a printed book of forms, with duplicate counterfoils, one of which counterfoils shall be filed in the office of the Mining Recorder. BOOKS TO BE KEPT BY MINING RECORDER. Sec. 131. Every Mining Recorder shall keep the following books, to be used for placer mining entries: (a.) A book to be known as the "Record Book." (b.) A book to be known as the "Record of Abandon- ments." (c.) A book to be known as the "Record of Affidavits." (d.) A book to be known as the "Record of Conveyances." (e.) A book to be known as the "Record of Water Grants." RECORD AND RE-RECORD OF CLAIMS. Sec. 132 Upon the application of or on behalf of any free miner, and upon the receipt of all the particulars required by section 23 of this Act, the Mining Recorder shall record any placer claim, by entering all the particulars required by said section in the Record Book, which entry shall be, as near as convenient, in the Form B in the Schedule to this Act. Upon the appHca- tier all ing the whic the < any qufrei sectio RE shall and 01 Commi Sec. REC ceipt oj record 1 notice, such no: the date '" a pla wemoran doned. RECO Recorder "nd decia his office, RECO] ^^initig j(\ Record 0/ '3'«. contr, powers of f the abc '°'" that p,^ . ^ecor] !"? KecordI '"? Propertf ^^' all such) ENTRY f , '" any of tjf *'''ch such PLACER MINING. 4.';.? tion of or on behalf of any free miner, and upon receipt of all the particulars required by section 38 of this Act, the Min- ing Recorder shall re-record any placer claim, by entering all the particulars required by said section in the Record Book, which entry shall be, as near as convenient, in the Form C, in the Schedule to this Act. The Mining Recorder shall not make any such record until he has received all the particulars re- quired by section 23, and any record made in violation of this section shall be absolutely void. RECORD OF LAY-OVER. Sec. 133. The Mining Recorder shall record every lay-over, leave of absence, license permit, and other privilege granted and forfeiture declared by the Gold Commissioner in the Record Book. Sec. 134. Repealed 1897. RECORD OF ABANDONMENT. Sec. 135. Upon the re- ceipt of a notice of abandonment, the Mining Recorder shall record the same in the Record of Abandonments, and file such notice, and write across the record of the claim affected by such notice, in the Record Book, the word "Abandoned," and the date of the receipt by him of the notice. If only an interest in a placer claim is abandoned, and not the entire claim, the memorandum in the record shall show which interest is aban- doned. RECORD OF AFFIDAVITS. Sec. 136. The Mining Recorder shall record, by copying out verbatim, all affidavits and declaratory statements brought to him in connection with his office, in the Record of Affidavits. RECORD OF DOCUMENTS OF TITLE. Sec. 137. The Mining Recorder shall record, by copying out verbatim, in the Kecord of Conveyances, all conveyances, mortgages, bills of sale, contracts for sale, and other documents of title, including powers of attorney, or other authorities, to execute all or any of the above description of documents when brought to him for that purpose. RECORD OF OTHER DOCUMENTS. Sec. 138. The Min- ing Recorder shall record all other documents relating to min- ing property which may be brought to him for record, and shall file all such documents which may be brought to him to be filed. ENTRY TO SHOW DATE. Sec. 139. Every entry made in any of the Mining Recorder's books shall show the date on *hich such entry was made. h< ■ i ■' '■'" I '.: ■ ; f :. tir ,; ''r.l]} i. I i if . i \ ■vf '^^^ I' ■ m : ■ ■' 454 BRITISH COLUMBIA. I BOOKS TO BE OPEN FOR INSPECTION. Sec. 140. All books of record shall, during office hours, be open to pub- lic inspection free of charge, and documents filed shall be open to public inspection upon payment of the fee set uut in the Schedule to this Act. OFFICE COPIES TO BE EVIDENCE. Sec. 141. Every copy of, or extract from, any entry in any of the said books, or of any document filed in the Mining Recorder's office, certi* fied to be a true copy or extract by the Mining Recorder, shall be received in any Court as evidence of the matters therein contained. FEES TO BE PRE-PAID. Sec. 142. Before issuing any free miner's certificate, or substituted certificate, or making any entry in any book of record, or fling any document, or making any copy or extract tkcrefroni, the Mining Recorder shall collect the fees payable in respect thereof, as set out in the Schedule to this Act. RECORDER TO RECEIVE DOCUMENTS FOR COM MISSIONER. Sec. 143. The Mining Recorder shall receive all applications and other documents addressed to or intended for the Gold Commissioner, and forward the same to the Gold Commissioner. TO RECEIVE MONEY UNDER ACT. Sec. 144. The Mining Recorder shall receive all deposits of money directed to be made by this Act, and apply the same as directed by this Act. TO COLLECT RENT. Sec. 145. The Mining Recorder shall collect all rents collectable under the conditions ot any lease or other documents granted utider the provisions of this Act. MONEYS COLLECTED TO BE PAID INTO PROVIN- CIAL TREASURY. Sec. 146. The Mining Recorder shall forward to the Provincial Treasury all fees, rents, fines, penal- ties, and other moneys collected or obtained by him in accord- ance with the provisions of this Act. RECORDER'S OFFICE. Sec. 147. It shall be lawful fori the Lieutenant-Governor in Council to divide and subdivide any district into mining divisions, and to establish in each orj either mining division a Mining Recorder's office. PLACER MINING. 455 EFFECT OF ESTABLISHING RECORD OFFICE IN A MINING DISTRICT. Sec. 148. Upon the establish- ment of a mining division, and the opening of a Mining Re- corder's oflfice therein, under the authority of the last preced- ing section — (a.) Such office, and none other, shall be the proper office for recording all placer claims, records, certificates, documents, or other instruments affecting claims, placer mines held as real estate, or placer mining property, situate within such min- ing division, and whenever by this Act, or any act amending the same, anything is required to be done at or in the office of the Gold Commissioner or Mining Recorder of the district, it shall, if the same affects or concerns any claim, placer mine held as r»al estate, or placer mining property, situate within a mining divisioa, be done at or in the office of the Mining Recorder of the mining division wherein such claim or mine or other mining property is situate. (b.) Upon the district or division of any Mining Recorder being divided or subdivided into mining divisions, it shall be the duty of such Mining Recorder to make, or cause to be made, a transcript of all the entries in all the books mentioned in section 131 of this Act, affecting claims, placer mines held as real estate, or placer mining property, situate in each newly created mining division, and to forward the same to the Min- ing Recorder of such mining division, and such transcript shall be kept in such office as part of the records of such office, and all transcripts of such records, certificates, documents, or other instruments, shall, prima facie, be deemed to be true copies of the several records, certificates, documents, or other instru- ments of which they purport to be transcripts; and such tran- scripts or copies thereof, when certified by the Mining Recorder of the raining division in whose office they ai'e kept, shall be admissible in evidence in all Courts of Judicature in the Prov- ince. GOLD COMMISSIONER TO HAVE ALL POWERS OF MINING RECORDER. Sec. 149. When there shall be no Mining Recorder for a district or division, the duties of the Mining Recorder shall devolve upon the Gold Commissioner, and it shall at all times be lawful for the Gold Commissioner to perform the duties of the Mining Recorder, and the Gold Commissioner shall have all the powers of a Mining Recorder. If \ ; i'^ I .: ; » i> 4S6 BRITISIJ COLUMBIA. OFFICE HOURS. Sec. 150. The Mining Recorder's office shall be open upon all days, excepting public holidays, from 10 A. M. to 4 P> M., and such times shall be deemed the office hours of such office. IX. GOLD COMMISSIONER'S POWERS. POWERS OF COMMISSIONER. Sec. 151. It shall be lawful for the Gold Commissioner to perform the following acts in accordance with the provisions of this Act: (a.) He may lay over any or all claims, and may grant to any holder of a claim leave of absence for sych period and reasons as he may think proper. (b.) He may prescribe the number of miners who shall be required to work in prospecting a set of claims until gold in paying quantities is found. (c.) For the more convenient working of back claims on benches or slopes, the Gold Commissioner may permit the owners thereof to drive a tunnel through the claims fronting on any creek, ravine, or water-course, upon such terms as shall seem expedient: Provided that in tunneling under hills, on the frontage of which angles occur, or which may be of an oblong or elliptical form, no party shall be allowed to tunnel from any of the said angles, nor from either end of such hills, so as to interfere with parties tunneling from the main frontage. (d.) He may mark out a space of ground for deposit of leavings and deads from any tuanel, claim, or mining ground, upon such terms as he may think just. (e.) He may extend the limits of a claim in "bench dig- gings" beyond the limits of the bench, but not to exceed 100 feet square. (f.) He may, in case of disputed boundaries or measure- ments, employ a surveyor to mark and define the same, and cause the reasonable expense thereof to be paid by either or both of the parties interested therein. (g.) He may permit or order mining posts to be moved. (h.) He may summarily order any mining works to be so carried on as not to interfere with or endanger the safety of the public, any public work or highway, or any mining prop- erty, mineral claim, placer claim, bed-rock drain, or bed-rock fil/ed who ] such 0'.) miner necessi •'s ma) Ci.) pose of powers Sub-s (I) ] structing <^-^Piratio (m.) fi'round a a'^ such ] CROW '52. NotM ^"lendme: 'J'e said A ^oj- the Go out any te claims all °^her Clair c'aims not I ^^a" be eii °^ claims nl ^^« Gold , necessary oj lofthis Act.J J possession r '"ay cat '^'P^"se therl PLACER MINING. 457 flume; and any abandoned works may by his order be either filled up, or guarded to his satisfaction, at the cost of the party who may have constructed the same, or, in his absence, upon such terms as he shall think fit. (i.) He may, upon application made to him, allow a free miner such right of entry upon any adjacent claim as may be necessary for the working of his claim, and upon such terms as may to him seem reasonable. (j.) He may grant licenses and rights of way for the pur- pose of constructing drains or tunnels, and may exercise such powers as are specified in Part III of this Act. Sub-section k repealed 6 May, 1897. (1,) He may grant rights of way for the purpose of con- structing a bed-rock flume, and may extend the grant at its expiration, in accordance with Part VI of this Act. (m.) 6 May, 1897. He may grant leases of placer mining ground and he may grant renewals of such leases and exercise all such powers as are specified in Part VII of this Act. CROWN GRANTS UNDER G. M. A. ACT, 1873. Sec. 152. Notwithstanding anything contained in the "Gold Mining Amendment Act, 1873," or in any Crown grant issued under the said Act, or under this or any other Act, it shall be lawful for the Gold Commissioner, in his discretion, and with or with- out any terms or conditions, to allow to the owners of placer claims all such rights or privileges in and over mineral or other claims held as real estate as may be allowed in and over claims not so held; and owners of claims held as real estate shall be entitled to the same rights and privileges as owners of claims not so held. FULL POWER TO CARRY OUT THIS ACT. Sec. 153. The Gold Commissioner shall have power to do all things necessary or expedient for the carrying out of the provisions- of this Act. ADMINISTRATION. COMMISSIONER TO TAKE DECEASED MINER'S I PROPERTY. Sec. 154. The Gold Commissioner shall take possession of the mining property of any deceased free miner, Und may cause such mining property to be duly worked, or dispense therewith at his option. i-' r iii ■ t If i ' i: \. :! • 458 BRITISH COLUMBIA. COMMISSIOxVER TO ADMINISTER ESTATE OF IN- TESTATE DECEASED MINER. Sec. 155. The Gold Cora missioner, or any person authorized by him, shall take charge of all the property of any deceased free miner until the issue of letters of administration or probate of the will, if any: Pro- vided, however, that where any free miner shall die intestate, and the value of the personal estate of such deceased free miner is less than three hundred dollars, it shall not be necessary for the Gold Commissioner to obtain from any Court letters of administration, but in such case the Gold Commissioner may administer and wind up the personal estate of the deceased, and do all things necessary and proper therefor, and act in all respects :is if letters of administration to the personal estate of such deceased free miner had been granted to such Gold Com- missioner, and the Gold Commissioner shall produce and pass his accounts, in each estate of which he shall undertake the ad- ministration, before a Judge of the County Court of the district. COUNTY COURTS. Jurisdiction. Procedure Forms, and Costs. JURISDICTION 01^ COUNTY COURTS IN MIiMNG MATTERS. Sec. 556. J.n addition to the jurisdiction and pow •ers given to County Courts by the "County Courts Jurisdic- tion Act," and other Acts, every County Court shall have and •exercise, within the limits of "*s district, all the jurisdictio: and powers of a Coi.»t of Law and Equity. (i.) In all personal actions, where the debt or damage^ claimed arise directly out of the lousiness of mining (other than coal mining), or from the exercise of or interference with any right, power, or privilege given, or claimed to be given, by this Act or any other Act relating to mi;iing (other than coal mining). (2.) In all actions between employers and employes, where the employment is directly connected with the business of mi"' ing (other than coal mining). (3.) In all actions for supplies to persons engaged in min- ing, where such supplies were bought, contracted for, or sup- plied, or were alleged to have been bought, contracted for. or supplied for mining purposes, or for consumption bj' per] Sons engaged in mining or prospecting. n '11 in in jf '"? jnrisdi *r'^ and 'ion or ci County Co Idamages ber than ath any iven, by I lian coa' IS. Nvhef^ o{ tnin- in min- or sup- cte.l lor. PLACER MINING. 459 (4.) In all actions of trespass on or in respect of mineral claims or other mining property, or upon or in respect of lands entered or trespassed on, or claimed to have been entered or trespassed on, in searching for, mining, or working minerals (uiher than coal), or for any other purpose directly connected with the business of mining (other than coal mining), or in the exercise of any power or privilege g'v^en, or claimed to be given by this Act, or any other Act relating to mining (other than coal mining). (5.) In all actions of ejectment from mineral claims or other minng property, or from lands entered, or claimed to have been entered, in searching for, mining, or working min- erals (other than coal), or for any purpose directly connected with the businejjs of mining, or entered, or claimed to have been entered, under some power, right or authority given or obtained under the provisions of this Act, or any other Act relating to mining (other than coal mining). (/>. ) In all suits for foreclosure or redemption, or for en- forcing any charge or lien, where the mortgage, charge or lien skall be on mineral claims, mines, or other mining property. (7.) In all suits for specific performance of, or for reform- ing, or delivering up, or canceling any agreement for sale, purciiase, or lease of any mineral claim, mine, or other mining propertv. (8.^ In all suits for the dissolution or winding up of any mining ^artnership; whether registered or not, under the pro- visions of this Act. (9.; /n all suits relative to water ri)?hts claimod under this Act, or any other Act relating to mining (other than coal min* >ng). (10.) In all proceedings for order? in the nature of injunc- tions, where the same are requisite for the granting of relief in any matter in which jurisdiction is given to the County Court by this Act. "MINING JURISDICTION." Sec. 15;. The jurisdiction g'ven to County Courts by this Act shall bs ''/.own as the "mining jurisdiction" of the County Court, and the words "min- ing jurisdiction" shall be written or printed on all summonses, writs and other process, and all other documents in every ac- tion or cause brought under the mining jurisdiction of the County Court. i1!' I 'I r«i 460 BRITISH COLUMBIA. I 1 POWERS OF COUNTY COURTS AND OFFICERS. Sec. 158. County Courts and County Court Judges, Registrars, Sheriffs, and other officers, shall have the same duties, powers, privileges, and authorities in all actions and suits, and other proceedings brought under the mining jurisdiction of the County Court, as they now have, or at any time hereafter may have, in actions and suits and other proceedings brought un- der the ordinary jurisdiction of the County Court, and the provisions of all Acts for the time being in force regulating the duties and powers of County Courts and County Coun Judges, Registrars, Sheriffs, and ether oflfi'^ers, ?nd regulating the practice and procedure in County Courts, and all Rules and Orders for the time being applicable to th° ordinary juris- diction of the County Court, shall, so far as practicable and not inconsistent with this Act, apply to the mining jurisdiction of the County Cottrt. ADJOINING DISTRICTS. Sec. 159- Where disputes arise concerning mining property, portions whereof are situated in adjoining or different districts, the County Court of either of such districts before which the dispute is first brought shall determine it. SUMMONSES RETURNABLE FORTHWITH. Sec. 160. The hearing of any summons, plaint, or other process in any County Court shall not be deferred beyond the shortest rea- sonable time necessary in the interests of all parties concerned, dnd it shall be lawful for the Registrar to make summonses or other proceedings returnable forthwith, or at any other time. COURT MAY DECIDE ON THE GROUND. Sec. i6t In all mining actions or suits the Court may decide the ques- tion at issue upon the ground in dispute, and such decision shall be entered as in ordinary cases, and have the same vir- tue and effect as if rendered in Court. ISSUES OF FACT MAY BE FOUND BY A JURY. Sec 162. In any mining cause or suit, (ither party may require that the issues of fact shall be tried by a jury, and the .fudge may, before delivering judgment in any action, suit, or other proceeding, direct all or any issues of fact to be found by a jury. COSTS. Sec. 163. In all actions, suits, and other proceed- ings within the mining jurisdiction of the County Court, the PLACER MINING. h^dge may order that ^^^ jcaie allowed by .he CouTty CoJ^'^^ ?" '"^ '"«'>er or ,o„er sider the case of «„«; .''""7 v^ourt Rules: or if u^ u « be taxed as ^'n .1, c''""' importance, he ma J ^^ '^" ^°"- COUNTY COTT/T UAo ™ CERTAIN CAsI"f«-'T'p'"'°-'^ O^ER LAND '"K jurisdiction in mi„ „„ :. '^- E«"-y County Court i,, ™'„-a'e „e,d undTX 'S" J-"'"' -* -tree f ■873. or under this Act and .^ • ^'"'"^ Amendment Act ™.rary. have the same power" and '"".*"* ""^ '-- '"Ihe ;«.lers or disputes arising betwJl """""•"''= •» decide aH "«-n the owners thereof .n^ ""= <""«" thereof or hj ™n.n. joint stock companieT or'^et ''"" ''"'°"- or between v-r:;::r-irs^r?-^--^^i^:;^ w''REGNjAN;;"c\p/i «fPONDENDUM, NE EX :'« "i5. Any County CW.'^L ""^ ^^^18 FACIENDUM '"S causes, may direct thT ■ ^^^ '""''"8 i«risdiction in m.^;' ;^™1endun,, ne' e.'e.t .e^'^nr °' ""'' °' capias ad t' '■< "^es in which by law he' h,f • ""i" "'' satisfaciendum ?„ '"- of the suit, but under and'"" v"'°" °"' "'^ ^"^Tect » .f"dge of the Supreme Cour? ^"' '° ="* condit ons ='"""ons of a similar nature ^^'" "'"""^ '^""ire in ap! f;™'nS?^r: r ^^^^'^^^ court sec ;otjn any n,a„„eT7„Lrere*:it^r',: """"i "^ '"^^^ ^c't ""• Supreme Court. °' '^»'^" the jurisdiction PFv.r ''^''^^ ^''^ MISCELLANEOUS |*«> p'.Con^wi,fT CONTRAVENTION OF ACT , ^'- •" -r 'at sr x-rrt^c''" « - -• me uold Commissioner or I 'I (m I f K ^.}-' 462 BRITISH COLUMBIA. ; I! 1 of any Judge presiding in a Court shall, on conviction thereof in a summary way before any two Justices of the Peace or a Stipendiary Magistrate, or before any Judge of a Court having jurisdiction in mining disputes, be liable to a fine not exceed- ing two hundred and fifty dollars, or to imprisonment, with or without hard labor, for any term not exceeding three months. RECOVERY OF PENALTIES. Sec. 168. All fines and penalties imposed or payable under this Act may be recovered by distress and sale of any mining or other personal property of the oflFender, and in default by imprisonment, with or with- out hard labor, for any term not exceeding three months. FINES, ETC. Sec. 169. All fees, rents, fines, penalties and other moneys coVected under this Act shall be paid into the Provincial Treasury. SAVING RIGHTS EXISTING BEFORE THE PASSING OF THIS ACT. Sec. 170. Nothing herein contained shall, save where such intention is expressly stated, be so construed as to affect prejudically any mining rights and interests ac- quired prior to the passing of this Act; and all mining rights and privileges heretofore and hereunder acquired shall, with- out the same being expressly stated, be deemed to be taken and held subject to the rights of Her Majesty, Her heirs and successors, and to the public rights of way and water. COPIES OF ACT. Sec. 171. Every free miner, on appli- cation to the Mining Recorder, shall be entitled to a printed copy of this Act. BEFORE WHOM AFFIDAVITS MUST BE MADE. Sec. 172. Affidavits and declarations made under the provisions of this Act shall be made before some Judge or Registrar of a Court of Record, or before some Gold Commissioner, Mining Recorder, Stipendiary Magistrate. Justice of the Peace, Notary Public, or Commissioner for taking affidavits. TAXATION. MINES AND MONEYS INVESTED THEREIN xNOT EXEMPT. Sec. 173. (1805, c. 40, s. 12.) Notwithstanding anything contained in the said "Placer Min:ng Act, 1891," or amendments thereto, mines and moneys invested therein shall NOT ii," '^^ ' shall PLACER MINING. 463 not be exempt from taxation, but shall bear such rate as may be imposed by any law in force in the Province. tADE. nsions it of a liining rotary RULES AND REGULATIONS. LIEUT.-GOVERNOR MAY MAKE RULES, ETC. Sec. 174. The Lieutenant-Governor in Council may make such or- ders as are deemec' necessary from time to time to carry out the provisions of this A.ct according to their true intent, or to meet the cases which may arise and for which no provision is made in this Act, or when the piovision which is made is am- biKuous or doubtful; and may also make regulations ior re- lieving against forfeitures arising under placer mining act, 1891; and may further make and declare any regulations which are considered necessary to give the provisions in this clause contained full eflFect; and from time to time alter or revoke any order or orders or any regulations made in respoct of the sfiid provisions, and make others in their stead; and further impose penalties not exceeding two hundred dollars, or not ex- ceeding three months' imprisonment, for violation of any regu- lations under this Act; and further provide that any statement or returns required to be made by said regulations shall be verifed on oath. Every order or regulation made by virtue of the provisions of this section shall have force and eflFect only after the same ha.s been published f«r two successive weeks in the British Columbia Gazette; and such orders or regulations shall be laid before the Legislative Assembly within the first fifteen days of the Session next after the date thereof. PENDING LITIGATION NOT AFFECTED. Sec. 175. (i!?95. c. 40, s. 14.) Nothing in this Act (1895, c. 40, s. 14) shall affect litigation pending on the first February, 1895. I i,. :■-RD OF A PLACER CLAIM. (Name of claim) Placer claim. (Set out the name of each holder of an interest in such claim, and the number of each holder's Free Miner's Certif- icate.) The claim is situate Re-recorded for years, to commence to run from the day of , 18.... Re-recorded this day of 18.. D-RECORD OF A SET OF PLACER CLAIMS. (Set out the name of each claim.) Located in the partnership name of I 46.; ) Th respe( Th< Loc this (Sam We ^ree min us to CO] drain), a such drai years, an( ^e includ< quired). Dated.. '^0 the Gc (Post n setting out Take not 2"d number ^^^■^nty davs '-o'nmissiont °"^ the nar 5trpam, The lake, , , 'nten '*"'cii such Dated. ^Same as r every p^A ■ i:al ' 3<| PLACER MINING. The members of the respective Free Miner' 46s numbers of their partnership and the The claims ar.'"^-l ^^^^'^'cates are .... ,**"'= are situate ti, 1 •l.ocaf.a'-orr"' '-•••■■'•'•■■ •«a:J'"^''- »' '"" c.a» . ""' ''"" "' '-'" ■" -S- • Recorded on , , day of •day of i« , We S?™f„ f„OK PUBLIC GRAIN GRANT free miners, do hereby "bdi! f ^'^ ^PP"cant), the „„dersL.H "s to construct a drafn r.., " ""'"'■'= <'™i" grant ,o!Lm 1"in), and to charge, hrU"' """" «■"» «'=„» of proo',.: such drain (.^*. ^ following toll? f,^ oit Proposed years InH .''"' Proposed tolls) such J . ^""'^"^ "«'"» /ears, and we do further o^ t , " ^'^^"t to run for To .he Gold "commissioner, (rasf notioe on irroim^ j -"■ng out application.) "" '"" ™ »*'"'"S Recorder's Office. Take notice that """"^^^'^K NOTICE. "d number of each arm-^"' ,°"' ""^ "-"■= of each a r ••;n.y da.vs from" th"? a.?":; .^"^ Miner's CerX ^ S' N ^uch water ' ""'"^'^ fo"- i"-.. tI """"'" "' Dated. " ""«d is ^^' Purpose for !■ • " 1"'^ .... ^'^*^ '-"^^"^^ to an individ- ^° ' $ 500 I I' S :: i k \\\ 466 BRITISH COLUMBIA. For every Free Miner's Certificate issued to a joint Stock Company $ 500 (a.) Having a nominal capital of $100,000 or less 5000 (b.) Having a nominal capital exceeding $100,000 100 00 Every substituted certificate 100 Recording any claim for each year 2 50 Re-recording any claim for each year 250 Recording any "lay over," or every other record required to be made in the "Record Book" 250 Recording every abandonment, including the memo- randum to be written on the record 250 For any other record made in the "Record of Abandon- ments" 2 50 For recording every affidavit, where the same does not exceed three folios of 100 words 2 $0 For every folio over 3, 30 cents per folio. The above rate shall be charged for all records made in the "Record of Affidavits." For all records made in the "Record of Conveyances," where the same do not exceed three folios 250 For every folio over three, a further charge of 30 cents per folio. For all copies or extracts froj i any record in any of the above named books, where such copy or extract shall not exceed three folios, per copy 250 Where such copies or extracts exceed three folios, 30 cents per folio for every folio over three. For filing any document 100 For every lease 5°° APPENDIX A. SHORT TITLE. Sec. i. This act may be cited as the "Mineral Claim Confirmation Act, 1893." NOT TO AFFECT THE TITLE TO CERTAIN CLAIMS Sec. 2. The title to any claim bona fide located in accordance with the provisions of the "Mineral Act, xogi," after the pas- sage of the "Mineral Act (1891) Amendment Act, 1892," but before the receipt by the Mining Recorder of the district m which such claim is recorded of intelligence that such Amend- ment Act had been passed, and of the nature of the provisions | in I'LACER MINING. respecting the size u ^ claims thereby substiH,. 5% ^""^ '"^t'^od of staking in.. Shan be V nt^ raVcTed^^^ ^^^^-^^''^^ ^^^^ of the said "Mini.r.i a """'m or prejudiced h, .1, '" -.ch claim Shan be Lm"- ^""'^ ^^'ntoen. Ac, l''f.""« cated before .he paiat: „£?.:" -."'f"" -^ PurtoJes t' f 'l'" "en. Act. .89.."" "*' "' •"' -d "*«in«ral.Ac,'(;4Vl^', '"• DECLARATION TO dp <.^ ?f , :::d-chTcilf r = "^^^x "Racer Mi^ '^ /c X":!'" "^ ««-""44 J,d .^^rr " of any i„.efesf .Ut' .t",; "° '""sfer of 1,"^, « °jj^« ."erxrrr, *'^'«"--Te~ri.r^ •"'-■»" r ti" eT>«- - Cor ur td^ p-.:'-^ rt": any real estate acquired under th! *^^' ^'^^ transfer of "TraU^rrLs^"- "-•• =^'" "<"wH.i:: "^^ •■r<' And whereas simii thereof shall K-o • ""'css the same or Qnm^ "'crem, ''byde1dZ'""V^"''*'^'^h="berw;r k "" ■°°''' "S to .1, .*""''' "-ansfers mav be m",H • *' '"" ""^ "ot And w, er'err.""'"'" "'^''i-' <> under.Ws'""*i ''^"^<'- 468 BRITISH COLUMBIA. ance with traditional customs among miners, numerous in- formal documents were drawn, delivered and accepted as abso- lute transfers of the entire estate of the grantors, whereas the legal effect of the same was only to pass a lesser estate. And whereas it is now frequently impossible to ascertain the existence or whereabouts of the grantors of such instrumenis or their heirs, and consequently, th» titles to numerous placer claims are clouded by the defects in such instruments, and it is desirable that such defects should be cured; be it therefore en- acted : VALIDATES INFORMAL BONA FIDE TRANSFERS. Sec. 4. Every instrument, memorandum of sale, or other writing, whether under seal or not, executed before the pass- ing of this Act, purporting to transfer any interest in any placer claim or claims held under the authority of the mining laws of the Province in force at the time of such transfer, from which, by reason of its customary use, or from other satisfac- tory reasons, it is plainly deducible that the intention of the maker thereof was to pass to the transferee the maker's en- tire interest in such claim or claims, shall, unless some reserva- tion or exception or contrary intention appears, otherwise than by the omission of proper operative words, or of words of in- heritance, or by the presence of some other informality, or of one or more such, pass, and be deemed to have passed, to the transferee an estate of fee simple in the premises, or other the full estate held or possessed by the maker. COPY OF RECORD MAY BE USED FOR REGISTRA TION PURPOSES. Sec. 5. Where, by reason of the loss of the documents of title to any such claim, it is impossible to produce the same for purposes of registration, it shall be suffi- cient to entitle an applicant to have his title registered under the Land Registry Acts, to produce to the Registrar of Titles a copy of the record of such transfer or transfers, certified un der the hand of the Mining Recorder in whose office are the books of record in which any such transfer is recorded. SCHEDULE. In the Matter of the "Mineral Claims Confirmation Act, 1893 " I , of the of , in the Electoral Distric PLACER ^^T^y Mai ;cution Act' "lerefor. r/' any inte ^^^ore the j y^ny as !^^^^fo, and ISi PLACER MINING. received no inf«n- ^ay of.. a r> and that the =., • "" Passed by the T ..■ ^*'' ^mend- '"a- and tthlnr^r/^.r''?^ '"^'^' ^ « "^ fhr"""^' (2) 7'hflt k^* staking mineral clai«,o "^ size, visions ol the "^f , ^"' °^'^«' '"« accordan;: " ^ ^•' '^^a- appendix h eto Clu ^''' ^«^^'" the r/e^^f .^'^^ ^^.^^ P-- P^nd'x set opposite^ ""'''''' ^^'°«e names 1'""' " '^^ ,,Beo,a„d Mo. :;.e at the.. •.•;:.■„, : ■ • (stltt^r""' "■"""•• A. D. ,S93 '" *^ of "" °"''' I^«ce (or as th, Ivame of Qaim. r i-ocator's Name. APPENDIX B. ii-f tract from "v ^"' Execution Act At«« j rwA. ^"^^"dment Act, :89s." PLACER CLATAr. ^^"^^^^R ,,. £KTVMAYBE^SPT7p'\f'' ^^^^R MINERAt . ecution Act" it u ^^'^^^^^ AND SOLD V ^L PRop. therefor. ' ^^ ^^^^^3^ '"epealed, and the"fonr •' "' ^'^ "^- , 4. NotwithstanH- '"^ substituted 'f -y int«r;^rf - *^ ^'^ — r, contained • ^f^ore the i^,,^ 7 ^ ^""^^ miner has it, '"""^^'ned m thi.s h^^y IdeLl" "^^'^"'^ ^^-nt therefo" '"^. '"'"-^a' claim - 1 IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I ■so ""^^ il^^ 2.2 ^ 1^ I 2.0 11-25 III 1.4 I 1.6 Photographic Sciences Corporation 23 WIST MAIN f T(Si* WIBSTn.N.Y. MSfti^ (716) •72-4503 % 470 BRITISH COLUMBIA. ( ' ' ! ! of an execution issued against goods and chattels: Provided, however, that this section shall not affect any suit now pend- ing in the Supreme Court or any Court in this Province." "A. D. 1897. Notwithstanding anything to the contrary in section 4 of the 'Mineral Act, 1896/ or section 4 of the 'Placer Mining Act, 1891,' or elsewhere in the said Acts or other the mining laws of the Province, no free miner's certificate shall be issued to a joint stock company for a longer period than one year; and such certificate shall date from the 30th day of June in each year; and everj' free miner's certificate held by a joint stock company at the passing of this Act shall be valid and existing until and shall expire on the 30th day of June, 1897. Upon applying to renew any such certificate on ot* before said 30th day of June, the joint stock company shall be en- titled to a rebate of a proportionate amount of the fee paid for a certificate heretofore issued according to the further time for which it would but for this section have been valid." 6th of May, 1897. AN ACT TO FURTHER AMEND THE "PLACER MIN- ING ACT, 1891." Her Majt&ty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: — 1. This Act may be cited as the "Placer Mining Act (1891) Amendment Act, 1897." 2. "Joint Stock Company" shall mean any company for mining purposes. (a.) Incorporated under the "Companies Act, 1897," or any Act repealed thereby; or (b.) Registered as a foreign company under any Act re- pealed by the "Companies Act, 1897," or (c.) Licensed or registered as an extra-Provincial company under the "Companies Act, 1897," or (d.) Incorporated by any special Act. 3. The section substituted by section 14 of the "Placer Min- ing Act Amendment Act, 1896," for section 124 of the "Placer Mining Act, 1891," is hereby repealed, and che foUoving insert- ed in lieu of said section 124: — "134. When any placer mining ground is held under lease, PLACER MINING. 471 Min- i'laccr iscrt- llease, and such mining ground shall have been efficiently worked, as required by the conditions of the leaoe, to the satisfaction of the Gold Commissioner, and if at the expiration of the lease a portion of said mining ground remains still to be worked, the lessee may obtain an extension of the lease, upon the same conditions as the original lease, for such reasonable time as will enable him to work out such portion of said mining ground as still remai|is unworked, and the Gold Commissioner may, with the sanction of the Lieutenant-Governor in Council, grant such extension by memorandum endorsed on the lease: Provided, that whenever the mining ground so held under lease has been forfeited, abandoned, or worked out, and when the ditch or flume constructed for conveying water has a carrying capacity of not less than five hundred inches of water, and shall have cost not less than nve thousand dollars, such ditch or flume shall remain th<; property of the owner thereof." 4. Sub-section (m) of section 151 of the "Placer Mining Act, 1891," is hereby repealed, and the following inserted in lieu thereof: — "(m.) He may grant leases of placer mining ground, and he may grant renewals of such leases, and exercise all such powers as are specified in Part VII of this Act." 5. Any free miner, or two or more free miners, holding adjoining leases as creek claims may consolidate as many as ten leases, by filing with the Mining Recorder a declaratory statement containing the name of the company or partnership which is to hold the consolidated lease, the location and size of each lease; and such statement shall be signed by the holder or holders of the leases to be consolidated. After filing such declaratory statement such free miner, or free miners, shall be allowed in each and every year to perform, on any one or more of such leases, all the work that is necessary to be performed to hold all such leases. 6. The following sections and parts of sections are hereby repealed :— (a.) Section 134 of the "Placer Mining Act, 1891." (b.) Sections 15 and 16 of the "Placer Mining Act Amend- ment Act, 1896." (c.) Sub-section (e) of section 103, sub-section (k) of sec- tion 151, and sub-section (9) of section 156, of the "Placer Min- 'J»g Act, 1891." i *' 47a BRITISH COLUMBIA. 1 7. The schedule of fees in the "Placer Mining Act, 1891," 18 hereby amended by striking out "For every free miner's certificate (for each year) $500," and insert the following:— For every free miner's certificate issued to an individual.$ 5 00 For every free miner's certificate issued to a joint stock company, — (a.) Having a nominal capital of $100,00000 or less.. 5000 (b.) Having a nominal capital exceeding $100,000 00. . 100 00 WATER RIGHTS AND PRIVILEGES. The Legislative Assembly of the Province of British Columbia have recently re- vised and consolidated the water laws of the P/uviiict*. Sec page 480. It is known as the WATER CLAUSES CONSOLIDATION ACT OF MAY8TH, 1897. COAL MINING LAWS OF BRITISH COLUMBIA. (As amended in 1890, 1891, 1892, and 1895.) SHORT TITLE.— CHAPTER 83. Sec. I. This Act may be cited as the "Coal Mines Act." 1883, c. 3, s. 22. PROSPECTING LICENSE. Sec. 2. Any person desirous of prospecting for coal or pe- troleum and acquiring a lease of any lands held by the Crown for the benefit of the Province, under which coal measures or petroleum are believed to exist, or wishing to procure a license for the purpose of prospecting for coal or petroleum upon lands under lease from the Crown, in which the mines and minerals, and power to work, carry away, and dispose of the same, is excepted or reserved, shall, before entering into possession of the particular part of said coal lands he or they may wish to acquire and work for coal, place at one angle or corner uf the land to be applied for a stake or post, at least four inches square, and standing not less than four feet above the surface of the ground; and upon such initial post he shall inscribe his name, and the angle represented thereby, thus: "A. B.'s N. E. corner" (meaning Northeast corner), or as the case may/ be, I and shall cause a written or printed notice of his intention to apply for such a license to be posted on some conspicuous] oart Offic iJsh j thirty paper Sec within British to the district »ng Jice Such aj by plan thereof, 0' the p appJicati< each an« t'len forv "^'^^h the ^-ands an substantial aforesaid. Sec. 4. provisions "cense sha 'and not ^<^nsee, an •^rty acres *" ^'nes Shi "«*• 1892, •-ouncil to «cense, for '^"ds held UT ,'"«' rental o ^°"»bs there, r.continuou r^; *"^ * r '^'^n be er COAL. oart of tht> i» J Office of tL J*- *'''''^'^^ ^or by him . ^^^ *""^y days in ^L p l^^^''^" *<> apply fo,^' ^^«" aI«o pub "^license „v„ X' 'itj'"" "-■""■"d » i.u«. !^"''' '<" «>' f' he p,o, of land over thf' ""'"cable X^L'''' Po"""" »Ppl.cation shall be H "'' "" Privilege Zl " J'^'^Ptioa ™<:l> and everv ■• ^"''■"Panied by a 7. ! '°"«''<; and the "•" 'orwart^ne "::■"« . ^'" >^«Un cl"'^ "»""' o' r'"- «>• fees and Tr °' "■' "PPlication and"'?"""" '"all provisions of thL ^1^^^ °^ '^"«^ sought tn k "■" "»• exceeding '^1 "" S'-eral lT„ftJ f "'«: »»d each, '«"«e, and such if„j . hundred and „^ '"""' defined Tl ««» 'half Jel '". "^ '" »« Wocr^'si'"?' '"' "«h. '" '■"•» .hall be ™r, " '""">" "•''"> by eiir J""™'' ""X "!'■ -^^ c. 3., s™: *~' —h and south', and Ue"""'' -" |C««t:,^o'*"'-'^"-'ul,or,h r "" '"' '"* 'ease, or ,t V'"" "" ""'■ CdYf /'."'"^ at .^ Z r>» ther^fe,"-' "|»>atio„ oj such ter.^"'"' "« '•""of ^'.«ontinuou.lv 'and „ «"• «" 'ho* cZr"*^ """"" 'h-'ee I «s at the rate of t i 474 BRITISH COLUMBIA. live dollars per acre, payable in full in one payment at the -time of sale." ai Feb., 1895. (a.) Provided that a lease shall not be issued until after 'the land has been surveyed in a legal manner, and to the satis- faction of the Chief Commissioner of Lands and Works, by the applicant. (b.) Provided, also, that in addition to the annual rental of ten cents per acre the lessee shall pay to and for the use of Her Majesty a royalty of five cents per ton upon every ton of merchantable coal and one cent per barrel on all petroleum raised or gotten from the leased premises. (c.) Provided, further, that the lease shall contain pro- visions binding the lessee to carry on coal mining, and works incidental thereto, continuously, and to make reasonable use, within reasonable periods, of the premises thereby granted, and -to apply the same to the purposes intended, to the satisfaction of the Chief Commissioner of Lands and Works. And any •such lease may be subject to any general stipulations which the Lieutenant-Governor in Council may see fit to impose. (d.) Provided, also, any number of persons, not exceeding ten, uniting in partnership for the purpose of holding and working coal or petroleum lands which adjoin each other, and for which leases have been granted, shall be entitled to work ■such land as a firm, and in such case it shall not be necessary for each leasehold to be worked separately, provided work is •carried on upon any one of them to the satisfaction of the Chief Commissioner of Lands and Works. 1893, c. 31, s. 5. Sees. 6, 7, S. (Repealed by 1892, c. 31, s. i.^ Sec. 9. Every license shall absolutely cease at the expiration thereof, and a new license over the same land or any part thereof may be granted to any new applicant upon complying with the requirements of this Act. 1883, c. 3, s. 9. Sec. 10. Every applicant, upon proving to the satisfaction of such Chief Commissioner of Lands and Works or Assistant Commissioner that he has bona fide exploie.•.% i ap ■i 1 4;6 BRITISH COLUMBIA. RIGHTS OF WAY. Sec. 14. It shall be lawful for any proprietor or proprietors of a mine to acquire such a portion of any Crown lands, or lands held under pre-emption or Crown grants, lease or license, by any person or persons, as may be necessary for af* fording to the proprietors of any mine communication with the seashore, or any river, or public highway, together with a block of land not exceeding five acres at the terminus of such line of communication, at the sea, river, highway, or other place of shipment: Provided, always, that the land so acquired shall only be used for transporting, storing, and shipping coal, and for receiving and transporting such materials, commodities, and persons as may be essential to the successful transaction of the business of such mine. 1873, No. 3, s. 6; 1881, c. 15, s. 6; 1890, c. 32, s. 4. Sec. 15. The conveyance of any land acquired under the provisions of the foregoing section shall not confer upon the grantee or grantees therein named the right to the ownership oi any minerals thereunder, except by consent of the grantor named in such conveyance. 1S73, No. 3, s. 7. Sec. 16. Prior to the acquisition of such land, compensation shall be given to the person whose land shall be taken, and if the amount of such compensation and the quantity of land to be taken shall not be agreed upon between the person whose land is to be taken and the proprietors of the mine, the amount thereof shall be ascertained by arbitration in the following man- ner. 1873, No. 3, s. 8. Sec. 17. In the event of the parties not concurring in the appointment of a single arbitrator, each of such parties, on the request of the other party, shall nominate and appoint an arbi- trator, to whom such dispute shall be referred, and every ap- pointment of an arbitrator shall be made, on the part of each party under his hand, or if a corporation aggregate under the common seal of such corporation; and such appointment shall be delivered to the arbitrator, and shall be deemed a submis-j sion to arbitration on the part of the party by whom the same shall be made; and after any such appointment shall have beenj made, neither party shall have power to revoke the same with- out the consent of the other, nor shall the death or removal! from office of either party operate as a revocation; and if aftcrj any such dispute shall have arisen a request in writing, if ^'hich shall k »rbi,raeio„ ' .,„"°""' "■« n.ati„ ,„ „ . "" f" fourteen day, .ft * ™°'"' '"oh last m. ,,! ^ °" "" »'her •nd having himsel? f "."'' '""•■™ the nLj! " " "PP"'"' »uch "l-rtrator To iS"" f''"""'''! an arbftra.T'' """""^ "que., ™>- proceed " h " '^''^" <>' hoth panTe, ' T'' "PPoini sa'h '" wnting from the nVi. ** 'P"« »' seven ^ '^'"°" '» «« ■lo so, the remain! ^^ P«rty for th^ °>" «"'■• notice ;."^ -ery arbuX/soW" "•'''"fo'" arr"'.*' '''"° '» "«• same power, !L ■** ""bstituted " '^ P'<>«"•»" dt „ "'7 °" *'"'='' 'hey this Act, in mi I II' Ill 478 BRITISH COLUMBIA. the same manner as if such arbitrator had not been appointed. 1873, No. 3, s. 13. Sec. aa. If, where more than one arbitrator has been ap- pointed, either of the arbitrators refuse or for seven days neg- lect to act, the other arbitrator may proceed ex parte; and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. 1873, No. 3, s. 14. Sec. 23. if, where more than one arbitrator shall have beea appointed, and where neither of them shall neglect or refuse to act as aforesaid, such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed, or within such extended time (if any) as shall have been appointed for that purpose by both such arbitrators under their hands, the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 1873, No. 3, s. 15. Sec. Z4. The costs of the arbitration and award shall be ia the discretion of the said arbitrators or umpire, who may award by whom, to whom, and in what manner the same may be paid. 187;!, No. 3, s. 16. Sec. 25. The submission to any such arbitration may be made a rule of the Supreme Court, on the application of either of the parties. 1873, No. 3, s. 17. Sec. 26. No award shall be set aside for irregularity or error in matter of form. 1873, No. 3, s. 18. Sec. 47. The arbitrators or umpire may, by summons or or* der in writing, signed by any one of them, to be served uponj or left at the last usual place of residence of the person toj whom it is addressed, command the attendance, from any parti of the Province, of any witness, or the production of any docthj ments required by any of the parties, and may swear the saldj witness to testify truly respecting the matters on which he it to be interrogated; and the disobedience of such summons 0^ order shall subject the person disobeying to a penalty of no less than five dollars, nor more than twenty-five dollars, to recovered before any Justice of the Peace, and levied unde the warrant of such Justice, by distress and sale of the goo and chattels of the offender, unless such person establishe reasonable cause for such disobedience. 1873, No. 3, s. ip* NORl PART IX. NATION ACT AND NORTHWEST TERRitorv CONSOLr ^ATED IRRIGATION act ' f I f.i PART 9. BRITISH COLUMBIA WATER CLAUSES CONSOLIDA- TION ACT OF 8 MAY, 1897. CHAPTER 45. An Act to confirm to the Crown all unrecorded and unappro- priated Water and Water-power in the Province, and to con- solidate and amend the law relating to the acquiring of Water- rights and Privileges for ordinary domestic, mining and agricul- tural purposes, and for making adequate provision for municipal water supply, and for the application of water-power to indus- trial and mechanical purposes. Whereas by the "Water Privileges Act, 1892," all water and water-power in the Province, not under the exclusive jurisdic- tion of the Parliament of Canada, remaining unrecorded and unappropriated on the 23rd day of April, 1892, were declared to be vested in the Crown in right of the Province, and it was by the said Act enacted that no right to the permanent diversion or exclusive use of any water or water-power so vested in the Crown should after the said date be acquired or conferred save under privilege or power in that behalf granted or conferred by Act of the Legislative Assembly theretofore passed, or there- after to be passed: And whereas the "Land Act," the "Placer Mining Act, 1891, " and the "Mineral Act, 1896," contain provisions authorizing the diversion and use of water from natural water-courses and the acquisition of rights to the use of water upon the conditions as to such acquisition and diversion in the said Acts contained: And whereas is is necessary and expedient at the present Ses- sion, to provide for the due conservation of all water and water- power so vested in the Crown as aforesaid, and to provide means whereby such water and water-power may be made available to the fullest possible extent in aid of the industrial development, and of the agricultural and mineral resources of the Province: And wherea.s for the furtherance of the purposes aforesaid, it (480) •s exp( erning vide at such pi spect tJ Ther of the ] b'a, ena Sec. I, solidation Sec. a. ('f not it following 1 assigned t "Chief < 'nclude the person for "Commii Lands and such for tl] Magistrate «very perso Council to a ^Vorks, as A ^''Strict in H ""an that in Partment is , *'"ch no sue aforesaid has "Crown lai I '"e Crown wi , ,, "Gold Com 'he time being JPO'ntment of •^^■neral Act,' WATER CLAUSES ACT * »P«t thereof: "" '"J"'"" payable to .fc ?""""«« of Therefore, Her M.- '^"'""' 'n re- • '•>'«' '^ZotT-^'y "' '-« ^^lii'lZ cTr -'■-"on Act, .t;."""" - "•'«" " ".. "Water c„„„ Con. of J^^TERPRETATION. Sec-^. In the ^-""'^''-^ATION. --VTer £? t 'ct f«t t "-- »' .- .ct «««ned ,o ,v.„'™" "-^^ 'h. respective mean " T""^ ">« ■Chief Co„„i„,<,„„ „, ,, , '""""'' *■""-"" "iclude the Chief Com . .'-""'s and Work." .t ., P«on for the tL?beT'"r" "' l^"ds anS « o ■, "'"" ""^ , "Comn,i„i„„i^%^,'^7 'awfully «"»« '» .h« tV • " ""■ I^nds and Wort. . """" "i" Chief r ""P^''^- »<^h for the «'^' °'. "■'» Province, or h, •^"""""''i""" of Magistrate for t^« ^""«- "d 'hall inCudV /""" »«'"« " ""y person d,,^ "" ''«'"« in char« „f "" Stipendiary f»«ncil to °", '""'^ '"'horized by ,h, T- '"' "'"riot, .„d '^aMnththte'r ,'""' ™^ "- 'e^d to^ '" "' Wnmenl i, ,,",,„ !. ' '=''"' °«ice of the L,nJ . '""• <"her ""ch no slh r * ""' "-y other di.,?' ""'' Dorics De. I "»r«aid ha7 V"'"""' Con.mi„i™', ''ZLl" ""'"«« '"' , , "Cro«nlL^T'T'-'"i- '""''' """ Works „ ■oZlo^'^r^-'^^^^'''''' "' ""■' ^™-« Held by I tii« .• ^"™»nissjoner" <>h«ti h^:rnt''t',H^"t"' "■• °«« o" G-oVcor-"" — '- h"i"eral Ac " a„d ;"""""'-<='»'«™or in c"?'" °"* "" 'P" f>i i 482 BRITISH COLUMBIA. "Water" or "streams" shall include all natural water- courses, whether usually containing water or not, and all rivers, creeks, and gulches; and all water-power, not being waters un- der the exclusive jurisdiction of the Parliament of Canada. "Unrecorded water" shall mean all water which for the time being is not held under and used in accordance with a record under this Act, or under the Acts repealed hereby, or under special grant by Public or Private Act, and shall include a1^ water for the time being unappropriated or unoccupied, or not used for a beneficial purpose. "Ditch" shall include a flume, pipe or race, or other arti- ficial means for conducting or diverting water. "Ditch-head" or "point of diversion" shall mean the point in a natural stream or lake, or other source where water is first taken into a ditch. "Record" shall mean an entry in some official book kept for that purpose. "Mine" shall include "claim" and "mineral claim." and shall mean any land held or occupied under the provisions of the mining laws of the Province, for the purpose of winning and getting therefrom minerals whether precious or base; and whether held in fee simple or by virtue of a record or lease; and "owner of a mine" shall mean owner of a mine as above defined. "Owner of land" shall include pre-emptor or other lawful oc- cupant of Crown Lands. "Municipality" shall include municipal corporation. "Unincorporated locality" shall mean and include any por- tion of the Province not exceeding two thousand acres in area, and not being or comprising a municipality, or portion thereof. "Specially incorporated company" shall mean a company in- corporated pursuant to the provisions of section 133 hereof. In defining any word or expression used in this Act relating to a municipality or to municipal matters and not by this sec tion expressly defined, reference may be had to the interpreta- tion section of the "Municipal Clauses Act, 1896." In defining any word or expression used in this Act relat ing to mines and minerals and not by this section express!; defined, reference may be had to the interpretation section the "Mineral Act, 1896," and of the "Placer Mining Act, 1891 Sec. 4. . r ^^^rcise a7"°" o' a, "ny water fr 'opting ,,„ .^" ^tOck sun , '^ Iter- lers, lun- Joint first kept and . ^^VISIOK ^^ ** Part rTi'"'nnw/7:~ " »»«>, r-h,- W':|| Sec , CRoU'jtf , :«'«' >n h.^' "V °"'« Po-e „, ''CORDED J^'oclf „. ' ''ffht o/ «» Passed ^^' or o/ ^'^^^am « r'''^' and . """^ any ^r!""' *<> use ^"^^ '*« C '^"^ ^ct I ^''' 5. JVo . '' -cce s^V*^^'" vested *''^ ^^^^ K* of i^ ""^ "par/an ^"^ river , I'^^^-^ion or . r ^on/er "'* °' other' •" ''^'"*^'. or \ ^^'^^ or sf,? ^° ^''e ex h - %u""'^' '^e7,! '.*«« as t^t^ ^">- othe^^^^j'^a/, ^e* '• ^'**«W>»'-«t ''^ ^'^^ or^'*/- apply to the Gold Commissioner for the record the; win referred to, at the following places, ^■: — 1. At the point of proposed diversion; on the mine on which such water is intended to be used; on each mine or per- son's land to be crossed by the water in course of transit to the place of user; and in the office of the Mining Recorder i 486 BRITISH COLUMBIA. ! I ! for the District; and shall forward a copy of his notice of ap- plication to the Gold Commissioner. 1. Such notice shall contain the following particulars: (a.) The name of the applicant. (b.) The number of the applicant's free miner's certificate. (c.) The name, or if unnamed, a sufficient description of the stream, lake, or other source from which such water is in- tended to be taken. d.) The point of diversion or inte|ided ditch-head where water is diverted from any stream for the purpose of develop- ing power, the applicant shall also state the point at which it is to be returned and the difference in altitude between the point of diversion and the point where it is to be returned; where the water is to be used f*r mining purposes the point where the water is to be returned to the stream shall be given. (e.) The means by which it is intended to store or divert the same. (f.) The number of inches of water applied for. (g.) The purpose for which it is required, stated with rea- sonable particularity. (a.) The mine upon which the water is to be used. (i.) The date of the posting of the notice, and the date on which application will' be made to the Gold Commissioner for the granting of the record. Sec. 12. On the day mentioned in the notice of application, or at a subsequent day and time to be fixed by the Commis- sioner or Gold Commissioner, as the case may be, application shall be made by or on behalf of the applicant, either by at- tendance in person or by agent, or in writing, for a record in accordance with the terms of the notice. Sec. 13. The Commissioner or Gold Commissioner shall at such day and time proceed to adjudicate upon the application, and upon proof to his satisfaction of the publication of notice in manner aforesaid, and of the right of the applicant to apply for a record under the foregoing provisions of this Act or any of them, and of the volume of unrecorded water available for diversion, having regard to existing rights and records, whether held by land owners or mine owners and to pending applica- tions, may grant to the applicant a record of such amount of water and for sttch purposes as in the discretion of the Com miasioner or Gold Commissioner shall be reasonably required by the applicant for the purposes specified in his notice of appli^tion. VVATFR CLAUSES ACT, 1897. -I«7 Sec. 14. The Commissioner or Gold Commissioner may ad- journ such adjudication from time to time as circumstances may render expedient, and shall have power to take evidence by statutory declaration and to summon and examine witnesses upon oath, and to hear all parties whose rights are or may be affected by the application. Sec. 15. The record granted upon such application shall be forthwith entered by the Commissioner, or Gold Commissioner,* in the Book of Record of Water Rights, and shall contain the particulars required to be contained in the notice of application as confirmed by or modified upon the adjudication and any other particulars directed to be inserted therein by Regulations in that behalf, with such additions and variations as circum- stances may require. 2. A certified copy of the record shall be furnished by the Commissioner, or Gold Commissioner, to the applicant, and shall, without proof of the signature of the Commissioner, or Gold Commissioner, be evidence in all courts and proceedings of the matters in such record set forth. 3. The Gold Commissioner shall forthwith forward a cer- tified copy of every record made by him to the Mining Re- corder of the district or place in which the water comprised in such gratit is to be used, and the Recorder shall, without fee, transcribe such copy into his Book of Record of Water Rights. Sec. 16. On any dispute arising prior to record, priority of notice of application shall constitute priority of right. Sec. 17. A record shall speak from the day on which it is made. Sec. 18. Any owner of land or owner of a mine who would be entitled to apply for a record of the water in anv stream or lake, if the same were unrecorded, and who is desirous of obtaining a record of the same but is prevented, wholly or in part, by the existence of p:ior records, whether obtained un- der this c ^ny oth«r Act, mzy apply ex parte to the Commis- sioner, or Gold Commissioner, for leave to apply for a record, notwithstanding the existence of such prior records, and upon the furnishing to such Commissioner, or Gold Commissioner, of prima facie proof that the water allowed to be diverted by any or all of such Axisting records is wholly, or in part, un- used thereunder, or unnecessary for, or in excess of the re- quirements of the purposes specified therein, such Commis- sioner, or Gold Commissioner, shall, by writing under his r:i ■> i 488 BRITISH COLUMBIA. hand, authorize such owner to give notice of his intention to apply, and to apply, for a record of the water of such lake or stream, and such owner may thereupon apply for a record accordingly, and shall post up and forward notice of his ap- plication, and proceed therein in form and manner hereinbefore provided for the making of an application for a record of unre- corded water. (2.) The Commissioner, or Gold Commissioner, in adjudi- cating upon the application of such owner, shall, after hearing all parties in interest and their witnesses, if any, or, if any party in interest do not appear, upon its being proved to his satis- faction that such party has had notice of the terms of such application and of the date and time on which it is made, either refuse the application, or, where it is proved to his satisfaction that he is justified in making a cancellation or re- duction as hereinafter mentioned, grant a record for such amount of water as, in his discretion, is reasonably necessary for the purposes specified in the application, and may, for the adjustment of the supply of available water, cancel any ex- isting record obtained under this Act, or any Act hereafter to be passed, on the ground of abandonment or non-user, and re- duce any such existing record in part, either as to the amount of water or as to the times of using such water, where it is proved to his satisfaction that the amount of water thereby re- corded is in excess of the amount required for the purposes specified in the record, or that such water is necessary for such purposes only during certain periods, and may during the intervals be applied to other purposes, and may: (3.) In respect of any existing record obtained under any Act heretofore passed, in respect of which prima facie aban- donment or non-user, in whole or in part, is proved to his satisfaction, grant to the applicant an interim record entitling the applicant to the use of the water comprised in such exist- ing record, in whole or in part, until the owner of such exist- ing record, upon giving notice of his intention in that behalf at the time and in manner fixed by the Commissioner (to be not less than three months' notice in any case) shall, if en- titled by law so to do, bona fide resume under his original record the use of the water comprised in such interim record, or such pai-t thereof as he may reasonably require, to be ascer- tained by the Commissioner, or Gold Commissioner; and the rights of the holder of the interim record shall, at the exiiira- WATER CLAUSES ACT, 1897. 489 tion of the period fixed in such notice, and in respect of the water therein specified, absolutely cease and determine, and he shall have no claim or right to compensation for any loss or damage caused to him by such resumption of use under the original record. Sec. 19. Every record obtained by the owner of land or the owner of a mine, shall be deemed as appurtenant to land or mine in respect of which such record is obtained. (2.) All assignments, transfers, or conveyances permitted by law of any mine or of any pre-emption rights, and all convey- ances of land in fee, whether such assignments, transfers, ur conveyances were or shall be made before or after the passing of this Act, shall be construed to have conveyed and trans- ferred, and to convey and transfer, any and all recorded water privileges appurtenant to the premises assigned, transferred or conveyed, and shall pass with any of the premises aforesaid upon devise or descent. Sec. 20. Whenever a mine shall have been worked out or abandoned, or a pre-emption canceled or abandoned, or when- ever the occasion for the use of the water upon the mine or pre-emption shall have permanently ceased, all records appur- tenant thereto shall be at an end and determined. Sec. 21. Where any record authorizes the diversion of water for two or more purposes, or to be used in two or more places, or where the holder of the record desires to apportion the water in specified proportions between two or more parts of the land or mine on which the water is authorized to be used, the Commissioner, or Gold Commissioner, upon application made to him for that purpose by the holder of the record, or any person claiming through or under him by assignment or otherwise, and upon its being proved to his satisfaction that the rights of third parties will not be prejudiced by such appor- tionment, shall make a record apportioning the water author- ised to be diverted in accordance with the terms of the appli- cation for apportionment, and shall indorse upon the original record a memorandum of and reference to the record of such apportionment. Sec. M. A «orrespondinff record and references may be "ude upon similar application where mines or lands are consoli- •iated or pass into a single or joint ownership, and it .is proved to the satisfaction of the Commissioner, or Gold Commissioner,. '!iat it is expedient for the purpose of the more effectual and y\ II! hi r 'ill i v< ! \ i- ' K; H ; .i i* 490 BRITISH COLUMBIA. beneficial use of the water authorized to be diverted that the original records be consolidated in accordance with the terms of the transfer or consolidation of the lands or mines. Sec. 33. Within sixty days after the record is made, or within such further time as the Commissioner, or Gold Com- missioner, may in his discretion, upon proof to his satisfac- tion of special circumstances rendering further time necessary, by writing duly recorded in the book of the record of water grants, the holder shall commence the excavation and con- struction of the ditch, flumes, and works in or by means of which he intends to divert, convey or utilize the water, and shall prosecute the work diligently and uninterruptedly to completion: Provided always, that the Commissioner, or Gold Commissioner, may, in his discretion, allow such work to cease for any necessary or reasonable time, upon cause being shown Upon the non-fulfillment of any of the conditions of this sec tion, the Commissioner, or Gold Commissioner, may, upon no tice, cancel the record. Sec. 24. The right of entry on and through the mines and lands of others for carrying water upon, over, or under the said mines and lands, and for the construction of all neces- sary works m connection therewith, may be claimed and ex crcised by any holder of a water record, upon giving, previ- ously to such entry, adequate security to the satisfaction of the Commissioner, or Gold Commissioner, for any loss or dam ages which may be caused by reason of such entry; such se curity to be tendered to the Commissioner or Gold Commis sioner for approval with a notice, a copy of which shall be served on the owner of mines or lands affected, that at & day and time to be specified in such notice, applicatio'i will be made. to the Commissioner or Gold Commissioner for approval ofj security, and upon such application, upon hearing what is al- leged by all parties in interest, the Commissioner or Goldj Commissioner may either accept or reject such tendered secu- rity, in whole or in part, and so, from time to time, until ade-j quate security is tendered and approved. (a.) After such entry, the holder of the water record so en I tering shall make full compensation to the occupant or ownerl of such mines or lands for any loss or damages which may b(| caused by reason of such entry; and for the recovery of such, loss or damages, the owner of the mines or lands entered uponj or other person damaged by such entry and works, may sua upon tl mission curity r Sec. by the or occuj be giver Sec. ^nd lane ditches, ffcord, I three daj cept in made. Sec. 2; •rom the the place fiving su ^'ommissic 'Sec. a8. means for waste any actual reqi ®ay, upon necessary ( Sec. 29. ■las been I'jcated anc "•e stream, - a o{ the or datn- such se Commis- shall be . day and made froval oi iat is aH ,or Gold I •ed sccu- intil ade-| ^d so en- or owner! may ^\ of sucl Led upon I may sw upon the security so given to the Commissioner, or Gold Com- missioner, irrespective of the form and manner in which se- curity may be made and given. Sec. as. Whenever, in pursuance of the power conferred by the preceding section, it is intended to enter upon mines or occupied lands, three days' notice of such intention shall be given to the owner or occupant. Sec. 26. The holder of a water record may enter mines and lands for the purpose of repairing and maintaining the ditches, flumes, and works for conveying water under his record, but shall, if such mines or lands are occupied, give three days' notice to the occupant of intention to enter, ex- cept in cases of emergency, when immediate entry may be made. Sec. 27. The holder of any record may obtain permission from the Commissioner, or Gold Commissioner, to change the place of diversion or the course of his ditch or flume, on living such notices and complying with such terms as the Commissioner, or Gold Commissioner, may require or impose. Sec. 28. Every holder of a record shall take all reasonable means for utilizing the water granted to him; and if he wilfully waste any water, or take a quantity of water in excess of his actual requirements, the Commissioner, or Gold Commissioner, may, upon notice, cancel or reduce the record or impose all necessary conditions. Sec. 2Q. If, after a record of all the water in any stream has been made, for mining purposes, any placer mines are located and bona fide worked below the point of diversion on the stream, the owner of such placer mines shall be entitled to the continuoits flow in the stream past the mines of forty inches of water if two hunderd inches be diverted, and sixty inches if three hundred inches be diverted, and no more, ex- cept upon paying to the holder of the record compensation equal to the amount of damage sustained by him on account of the allowance to the claim of such extra quantity of water; and, in computing such damage, the cost of the ditch shall he considered. Sec. 30. The owner of any ditch, flume, or pipe shall, at his own expense, construct, secure, and maintain all culverts nec- essary for the passage of waste and superfluous water flowing through or over any such ditch, flume or pipe. Sec. 31. The owner of any ditch, flume, or pipe shall con- ^•» I ■ I ' I • ■H- I : ^ I ;r i I m 493 BRITISH COLUMBIA. i struct and secure the same in a proper and sul stantial nan- net, and maintain the same in good condition and repair to the satisfaction of the Commissioner, or Gold Commissioner, so that the same shall, at all times, be of sufficient strength and capacity for the fulfilment of the purposes for which it wai constructed and is used, and so that no damage shall occur to any road or work in its vicinity from the use of such ditch, flume or pipe. Sec. 32. The owner of any ditch, flume, or pipe shall be liable for and shall make good, in such manner as the Commis- sioner, or Gold Commissioner, shall determine, all damages which may be occasioned by or through such ditch, flume, or pipe breaking or being defective in construction, or out of r^ pair, or oi insufficient strength and capacity for the purposes, or any of them, for which it was constructed, or is from time to time used. Sec. 33. Any person heretofore or hereafter engaged in the! construction bf any road or work may, with the sanction of the j Commissioner, or Gold Commissioner, cross, divert, or other wise interfere with any ditch, water right, or other mining! rights whatsoever, for such period and upon luch terms as the I said Commissioner, or Gold Commissioner, shall direct andj impose. Sec. 34. Nothing herein contained shall be construed tol limit the right of the Chief Commissioner of Lands and W'orksl to lay out, from time to time, the public roads of the Province,! across, through, along, or under any ditch, water right, orl mining right, in any Crown land, without compensation, pru-j vided that as little damage as possible shall be done. Sec. 35. The Chief Commissioner of Lands and Works, wit! the approval of the Lieutenant-Governor in Council, may, up on such terms and conditions as to compensation to persoD affected as the Chief Commissioner may think proper to iml pose, authorize the record for the benefit of all or any of tbd Indians located on any Indian reserve, of so much and n<| more of any unrecorded water from any stream or lake, fm domestic and agricultural purposes, as may be reasonably necei sary for such purposes. (2.) No water shall be recorded under this section unlesj and until — (a.) The provisions of this Act relating to notice of applj cation to divert and record water have been satisfied. "J WATER CLAUSES ACT, 1897. 493 Ion unles of aPP' (b.) The notice required by the provisions of this Act re- lating to notice of application to divert and record water has been published for one month in the British Columbia Gazette, and in a newspaper (if any) published in the district, and if there be no newspaper published in the district, then for one month in some newspaper published in the Province. (c.) The Commissioner of the district has servied upon or iorwarded by registered letter to each person who may be af- fected by the proposed diversion a copy of such notice. (d.) The Commissioner of the district has reported thereon in writing to the Chief Commissioner as to the volume of water in the stream or lake from which the water is proposed to be taken; the damage or benefit likely to accrue from such diver- sion to the land-owners ur other persons having water rights on such stream or lake from which it is proposed to divert the water; that the amount of water asked for is necessary and reasonable, and as to such other piirticulars as the Chief Com- missioner may from time to time require. (3.) The Chief Commissioner may, with the approval of the Lieutenant-Governor in Council, alter, vary, or cancel any rec- ord made under this section, upon such terms and conditions is he may deem proper. (4.) No record under this section shall be granted unless ind until the Chief Commissioner has been satisfied that the erms and conditions as to notice have been satisfied and com- ensation (if ordered) has been paid. (s) All questions connected with the diversion of water un- er this section, compensation for damages, quantity of water (quired, shall be decided in a summary manner by the Chief ommissioner, and the Chief Commissioner may, in writing, irect any Commissioner or Justice of the Peace to take, on th, the evidence of any person who can give evidence on or hose evidence is material to the decision of the matters in uestion; and such Commissioner or Justice of the Peace shall ve full power and authority to take such evidence and to mmon before him such persons. 1^ Sec. 36. Any persQn affected by any decision of a Commis- ner, or Gold C to give effect to such order, and may make such order as to rosts as he thinks just. Sec. 39. Any person dissatisfied with the decision of a Judge of the Supreme or County Court, in respect of any such appeal. may appeal to the Full Court, provided that notice of appeal be given to the opposite party within twenty-one days from such decision; and provided also, that the appellant give within such period such security for costs as a Judge of the Court appealed from may approve; and such appeal shall be dealt with as near as may be as in the case of an ordinary ap- peal to the Full Court from a final judgment in an action in the Supreme Court. ipoii(if"M \n ordtfl of thel lurity ia| he tnayl III. THE SUPPLYING OF WATER BY WATER- WORKS SYSTEMS TO CITIES, TOWNS AND UNIN- CORPORATED LOCALITIES. Sec. 40. Any municipality may, from time to time, obtain lOne or more records of the unrecorded water in any stream- lor lakes as a source or sources of supply for a projected I waterworks system, or branch of a system, or to augment any txistiag system, or branch of such system, in manner herein- jifter provided. Sec. 41. Any municipality shall from time to time, where \i sti^Hcient supply of unrecorded water is not available within I reasonable limits of distance and expenditure, have, subject |to the approval of the Lieutenant-Governor in Council, the pght of expropriation over recorded water and all works in .! I 1: i-i i 1, wmmmm I 196 BRITISH COLUMBIA. connection therewith to the extent deemed necessary by the municipality to obtain a proper and sufficient source of water supply for ordinary household purposes. Sec. 42. A municipality desiring to obtain a record of un- recorded water shall proceed in manner provided by sections q, 12, 13, 14 and 15 of Part II of this Act; save in so far as said section 13 is modified as to pending applications by sub- sections (a) and (c) of this section, and as to quantity of water by section 40 hereof. (a.) Upon compliance, by the municipality, with section 9 of this Act all pending applications to the Commissioner and Gold Commissioner for records of water comprised in whole or in part within the application of the municipality shall be stayed until the adjvdication upon the application of the munic- ipality. (b.) Upon application made by a municipality for a record of water under this section the Commissioner shall adjudicate thereon, but shall, before making or refusing a record, trans- mit to the Lieutenant-Governor in Council the notice of appli- cation, a transcript of the application and of all evidence re- ceived by him for or against the same, and his adjudication thereon and his reasons therefor, and the Lieutenant-Governor in Council may either refer the matter back to the Commissioner for further evidence and report, or may confirm or reverse his adjudication in whole or in part, and if the decision of the Lieutenant-Governor in Council be in favor of granting a record the Commissioner shall, upon receipt of a certified copy of an Order in Council in that behalf, make a record in favor of the municipality in accordance with the terms of such Order in Council. (c.) If the application of the municipality be granted and a record made thereupon, the same shall speak from the date of the compliance by the municipality with the provisions of section 0, and all applications pending as aforesaid on that day shall be subject to the record and rights acquired by the munic- ipality, and shall, where necessary, abate accordingly. Sec. 43. A municipality entitled to exercise the right of ex- propriation over recorded water may proceed in manner here inafter provided for the expropriation of lands, and upon com pletion of such expropriation a record shall be made by the Commissioner, or Gold Commissioner, in favor of the munic- ipality in accordance with the terms of the conveyance ob-j tainec made, provec Sec ord oi munici is actu but it such ai such m (a.) fforks s user the recoid it '^f a sul cept in J apphcatio record sh 'n whole by the mi ^ec. 45 a water-wo or extend *° perform necessary , ^^^ limits at such tit upon any ], "'cipaJity, i thereof as system, brar person, aui] ^"^^e suital ."'«'". and m '" manner h , ^'^- 46. ^ ""■ the soie < ."^ystem withi, ""^'dental th< 'fnt. Pursuani r '"^y exer WATER CLAUSES ACT, ,^. tained upon ,ueh expronri,,- ' <» municipaliiv fn „ ' " '■'»' not be -ll '^ °' * ■•«- is actuaUr^'^iP™"^ '1' '"«'' *"" ap;„T."7 '°' »«•• but it shall K.i, "'' **" P«sent us. „, 1° *" "corded -h aptltltrSr ""• """c.° a, .;Va"r''''l'^- -ch ™u,icipa,i.,"aCe'' """^ ««- '"<' '"r ^Hrp^'X'":! ^a-; XSo record made i« * "O'ks system shaMlapse "r 7 ' ""'"'cipaH.y for a wafe >o perform aL^* "''"'""• or branch '1 ^ '° ""^"'"t necessary or "iT"?" "' ^"^h acts and w "S '^"""' "■" *« liraifs of thJ'''"'"' "'«•«''. and ethTr Jf:*' " ■"''' be " -ch Um°e '^,7°■-■>''!"y. -ay, frlm' .rj"" ^ -''"out "Pon any land, .-.u """»«'PaIity may see fi, '""*• '"'^ ''"Polity, and " ' """'" °' -'thou, the LT"< ''""• '"0 :ss: a£ ?- - - -r ~ - p^"- ; •*-. a^d r eTetr"" '" '"' -'<• P^ost' "J^' '"" I '" s-r :j t--^""" -^^^^^^^^^^^^^ "p^p'iatcr^ :u-m i^identr the" t •"""'.cipality. and for pu^ « ^ """works r&>.., thif' { !■ * r^ 498 BRITISH COLUMBIA. I I 1 I I ties corferred upon municipaliti«?s by sections 40, 41, 42, 43, 44 and 45 of this Act; and shall, subject to tht conditions, if any, upon which the consent of the municipality is given, have exclusive rights in this behalf within the municipality. (a.) Such company may apply for records of unrecorded water in accordance with section 9 of this Act upon the day, or at any time after the day upon which its Memorandum and Articles of Association shall be executed, in accordance with the provisions of the "Companies' Act, 1897," and may pro- ceed with such applications, subject only to the obtaining of the consent of the municipality as aforesaid: Provided that all such applications and all proceedings consequent upon, and incidental thereto, shall be null and void if the company fail to obtain the consent of the municipality as aforesaid before the time appointed for application to the Commissioner for adjudication upon such applications, or within such further time as may be fixed by the Commissioner, upon proof, to his satisfaction, of special circumstances rendering an extension of time necessary. Sec. 47. Where a company has been duly incorporated un- der and in compliance with the provisions of the preceding sections ol this Act, fot the supplying of any municipality with a watex -works system, and has acquired a s urce of supply, by record or otherwise, and constructed in wnole or in part a water-works system, such municipality may, on giving twelve months' notice, in writing, to the company, acquire the source of water supply, and all the records of the company and the water- works system, and all lands and works con- nected with and appertaining thereto, whether within or without the limits of the municipality, on payment therefor to the company of the value of such water-works system, lands »nd works (without any reference to or payment for the value of the said records, except the actual cost thereof, if any, to the company) to be ascertained in manner hereinafter provided, for the ascertainment of the value of lands upon expropriation, with the following additions thereto: — !> If the water-works system has been in operation less than five years, a thirty per cent bonus upon such value. If in operation more than fifteen tind less than twenty a twenty-five per cent bo.ius. If in operation m^re than ten and less than fifteen years, a twenty per cent bonus. WATER CLAUSES ACT. ,8^. year.":'" .t 1*.." °' """Potion bZ. T.'?""'^ ""'« 7;ks and b„„^. rddi°/„S'"T'at' "" »«-' vaTu.'t r; cent per annn», '"a'ntenance. will »«, account 3 In r °" ^"""^ amounts """"""^ *« «« per i" which .he wo^k^t: °'h"" """"'-rrd .i: rr-" tis Ac, hi ^":'"^'°"» »' the tw„'^e«7.f"J: ""''" "^ b, by th. P^'** "P stock of the I ^ ^^^ ""*"« per an ,b,°„ L° ' "" ""nicipality it i ' ™°"'* "foresaid, in ""i= "palish '"n".' '"' "»•" «"ice "ro^r °' <'"'"'>'" W'ity X „?"'■' '" "'de, or if i" X 1 ."'•" P"'» of ,h. to the said works as may :/ f I lu i il: ?. '■ 530 BRITISH COLUMBIA. I i I be specified in the said notice, and within a period of time to be specified in the said notice. In the event of such company omitting or declining to make such extension, changes, or re- pairs in accordance with the said notice, it shall be lawful for a Judge of the Supreme Court, upon application by motion made to him on behalf of the municipality and upon hearing evidence, to determine whether such extension is reasonabiy necessary for the requirements of the inhabitants of the munic- ipality, or whether such changes or repairs are necessary for the reasonable protection of such portion or portions of the municipality against fire, and, if so, to direct within what time such company shall effect the said extension, changes or re- pairs: Provided that either party may appeal from such order to the Full Court of the Supreme Court of British Columbia, conforming in such appeal to the procedure of the said Court in that behalf. Sec. 50. If no such appeal be taken, or if upon appeal the decision of the Judge of the first instance be affirmed, then such company shall effect the extension, changes, or repairs within the time limited by the order of the said Judge of the first instance, or within such extended time as the Court of Ap- peal may think proper; and in the event of a failure to obey such order of the Judge or of the Court of Appeal, as the case may be, the exclusive rights by this Act or by the consent of the municipality granted to the said company shall absolutely cease and determine. Sec. SI. A specially incorporated company incorporated for the sole object of constructing and operating a water-works system for the supplying of an unincorporated locality, and for purposes necessary and incidental thereto, and obtaining from a Judge of the Supreme Court the certificate in section 55 ofj this Act specified, shall have and may exercise all the rights, powers, privileges, and priorities conferred upon municipalitiesj by sections 40, 41, 42, 43. 44. and 43 of this Act, in the samt manner and to the same extent as if the said unincorporatec locality were a municipality. (a.) Such company may apply for records of unrecorded water in accordance with section 9 of this Act, upon the or at any time after the day upon which its Articles and Mei orandum of Association shall be executed in accordance wit| the provisions of the "Companies' Act, 1897," and may pre ceed with such applications, subject only to the obtaining ai fil/ng < cations thereto certifica to the ( "Within s upon pr 'ng an e as the J, "' the cc Sec. 52 ers in th ioivs : '■ The verified as oi the pers (^') Th. ^nd bounds (b-) Tht and the „u "'^'■^s occu Poi-ated loca ^c) The Pany has ma estimated q, l^'^^^ity and '''<^ extent of system, h ^V ^ des "^ affected T^^°- ; Office a ce !'''' o{ the Ja "*«'oner, a cer ParticuJars o 'P^"y under ""dertaking. ^a^'ons and ail**' aforesaid • Pro.-^ ^ «°' thereto shall h P'^^eedings con,."**^^ ^^at all .„,. "Pon proof to his Ir. ^ ""^^ be fixed k . ^PP^'cation or nnn i ^^* amount of . ^ unincor- P^ny has made annP • ""^^^orded wat^r , I «t"nated guanf^ '''^*'°"' or intend^ / '°^ ^^ich the . fe extent of stream """'?' ^^'^"•red for' ^^**'"^^'^' -"d the system. '''^*^«"' or lake to be ll ^ °P«-ation of . ^ (d) A ^ affected bv fh " ^"^ by fhi ^^scnption of th , P»-oposed "^ the comnan,, .._ , ^^ the lands. ,v „_ hrthi ^^scnption of fh , P»-oposed 1"^ the company „„S *^^ 'ands, if a„^ Jposes of th^ . """«■ powers ,^/ ^' bought to k Lfi- , ""* fi^enerally ev. . ' ^^^ 'ands koffi : r""'^ 'h^' Obtain , ""''"•^''■ '''e purposes of « 502 BRITISH COLUMBIA. 3. The company shall cause surveys to bt made and levels to be taken of the unincorporated locality, and also of all lands sought to be taken or acquired, held or used, for the purposes of the undertaking, and also, so far as possible, of ;.ll lands to be affected by the undertaking, and from such surveys and levels shall cause to be prepared a map or plan showing, as fully as may be, particulars of the matters in this sub-section referred to and the intended location of the proposed under- taking and works. 4. The company shall file the said statement, plan, and the said certificates in the District Registry of the Supreme Court for the county within the limits of which the unincorporated locality, or any part thereof, is situate, together with a copy of the Memorandum and Articles of Association of the com- pany, certified under the hand of the Registrar of Joint Stock Companies. Sec. 53. Upon the filing of the requisite documents in ac cordance with sub-section (d) of the preceding section, the company may present a petition to a Judge of the Supreme Court for the granting of the certificate in section 55 hereof mentioned; such petition shall set forth the material facts re- lied upon by the company as justifying the construction and operation of the proposed undertaking and works; a statement of the estimated cost thereof, and a statement of the amouni of subscribed capital of the company, and shall be verified a> to substance and figures by affidavit of the directors or pro visional directors of the company. Sec. 54. Upon the filing of the petition in the preceding section mentioned, a notice shall be published for two weeks in the British Columbia Gazette, and in some daily or weekly newspaper published or circulating in the unincorporated lo cality, setting forth as succinctly as may be the substance of the| application to be made by the company, the day, time, andj place at which such application is to be made, which time shal not be less than thirty days from the date of the first publica tion of such notice, which date shall be istated in each publica] tion thereof. 2. In the case of any petition relating to an unincorporat locality within a county in which there is no resident Judge the Supreme Court, the company may, at any time after th filing of the petition, enter the same for hearing before Judge of the Supreme Court in any other county, and the petl tion , istry mail, try ol of the Sec Suprer compaj Act, aj compar of the cxercisi: with, gr vided b fixing ti fore the powers; and the 1 by the cc 'or the s 'nencing "Months ft adjournmc of notice , as he may persons m I'shing of ^"ces to h P'"oper, an( proposed u 3 In tl sert thereir ""aximum r on the facts petition, dee Section of ar '^n^^truction Works. ^'^^^c- S6. p-anting and ^^' Registrar ^^TER CLAUSES ACT. .,^. tion and all ^« ' '^7. «''^ whJl" filrrntn *'.'" '""-"- »»».. remain • mail, when the c, . * '^ necessary t„ * ' "*.*'" '« the ree- "mpany ar. such a^ ' "=''' "> W«ar to the r ^ "' ""' »' 'he proposed u„^e«J"""'' "" ~"»'ruct on a„T' "^ "« "ercising of ail """'"'•"■'S and works =„j .. ** °P"«tion «'«.. grant ,0 LT *"" """"">' Power^ fnt "" "-""S -"d ««'"» the aSoun, , " ""' '"'•alf; therein ™ "' " P™" '»« «■ '"<1 "he time with^ ,. Y*""^ '»"'' «pi,al iH' i. ' ™'-P°«ee *>y 'he companJ Z h"!? "" """'"-king is to h '"''"ribed, '- 'he subscriLro r:^ •>■« «-= aggregU%M'h: STI mencng of fh« ^ *^" amount of *»=.«.* i "^^^ ^xed - Upon the hear- f . ^^^-^'ficate. ' ^''''^^'^ twelve adjournments from t^^el^^"^ P"*'*'°" the Judg^ „, , of notice of the h*, • ° *'"'*^' and mav h. ^^^ o^'^^'- - "e may think '^T^:? a'^d"'" "-- " -dT ..t ''"'^'"^ persons miv ^ *^""Per, and may fix n ♦;„ . , ®"^n manner '"ces to he Kj ^" evidence, and mf ^■""" 'he fur- P'OP- and ma'y Zr 'T"" '° ^" -de t'he ™'='' «'"■ -°;osed under.Iki'„rand ^X'aT?^ "■ "n^e'rerb;";;;^ - 'h re ' srr / -'!•««" oat'-; j"rr"- »"im„m ^ust ^ZtT"", """ ^"'rictions ^incTH"'^ '- ™ 'he facts made to , *"* ">» ">« company a, ,"« "^' P«i'ion, deem neJ ""^ '" 'he Court on tL ^ • '"*''• "P" '«-» of any ^ersor" "l '"' """"•' ^'erest or 7""*^ °' "~ "nslruction L^ °' "''^^ of persons J 1 I '"'' "« Pro- works. -« °P-'i°n of the%;:p":srd "uVdtak' "' "" S-^e. ,6. E "ndertakmg and """ing anrf .i • " eertificate shall f„ ... . "« by him attached 504 BRITISH COLUMBIA. to the memorandum and articles of association of the com- pany; and such certificate shall, as soon as possible, be pub- lished for at least two weeks in the British Columbia Gazette and in the newspaper in which the notice of application to the Court was published; and a copy of such certificate shall also be published with, and attached to, every copy of the articles and memorandum of association of the company thereafter issued or published. 2. Upon the granting and filing of such certificate the same shall, as to every part and condition thereof, be read with and be deemed to form part of the articles and memorandum uf association of the company, and the company shall as from the date of such certificate be deemed to be, in so far as re- gards the exercise of its corporate powers, a company incor- porated by special Act with the powers taken under the articles and memorandum of association, and under this Act, subject only to the terms and conditions of such certificate. Sec. 57. Upon the granting by a Judge of the Supreme Court of a certificate under the provisions of section 55 of this Act, and upon compliance with the terms thereof by the company, and upon the filing of a copy thereof certi- fied under the seal of the Supreme Court with the District Registrar of Titles, and with the Commissioner and the Gold Commissioner of the district within the limits of which such unincorporated locality is situate, the company shall have and may exercise all the rights, powers, privileges, and priorities conferred upon municipalities by sections 40, 41, 42, 43, 44, and 45 of this Act, subject to the conditions, if any, upon which such certificate is granted, so far as such rights, powers, privi- leges and priorities are, in the discretion of the company, necessary for the purposes of the company in the construction and operation of the proposed undertaking and works, and all acts and works necessary and incidental thereto. Sec. 58. Where an incorporated company has constructed, in whole or in part, a system of water-works for the supply of any unincorporated locality, and such unincorporated locality shall be incorporated into a municipality, or a municipality shall be incorporated, the limits whereof shall include a part of the area of such unincorporated locality equal to at least one moiety thereof, the municipality may, upon giving twelve months' notice in writing to the company, acquire the source of water supply, and all the records of the company, and the water-v with a limits pany oi (withou records, to be aj tainmeni foIJowinj I. If than five If in twenty-fiv If in c twenty pc If in oj a fifteen p If in 01 2. Prov to exercise j'ears from pany may J "'orks and t'le amount expenses, a enues recei' working ex ^«nt per ann 3. In es , 'ands and v ''^«> vaJuati< struct such ('t'on in whi '"e value of 1 ,' ^^<^- S9. J p°nstruct and l°f unincorpoi r' 'n that b ['"^sequent se, Vy or compai J"P°" the lano y°'^s system. WATER CX.VU.SES ACT. .8^. (without anv rll "*=*" water-vvorks system i.° *^* ^«ni- "■an five yeL;:''hi;°;'*pe/^:LrK'"" """ ■" "P'^'ion ,e« twemy^v. per cent bonus: *"'' '«« "-an ten j,ears, a •-/peT^rCr •"- - - '- *a„ «.„„ ,„,. , ^ «f "n~- r;:,':-- «'- - -- .Ha„ .»... ,„;. Ji m operation twentv ■2- Provided, however .k""* "^ ""'"' » 'en per er„. k 10 exercise ,.. . °*"er, that should such ~ "' '"'""»• years C"! d'f f «P«Priation before T"""""'^ ^'^'^^ ;f s and bonu's. addUionararal"' "" ««•«" v"f«e o h°e"r the amount acfnaiK ' ^^ above proviH«.ri . "^ "Penses."„dsuc^ ""'""«' '" '^'"'""c^on and r."""' "' ;^'' vX.r th '-' -'-'-oV'shrtar^^^^^^^^^ — h"'>seque„t ,^. '" '^'' ^^rt of this Tj ''^'*^'^" '^' Pow I !>equent sections of thi«! Paw ^ '^'^^ contained rin ♦!, r^y or comDanv"'k ^^ referred to as "tu ^ *^^ hpon fh- , ^^ ^' *"^y construct er^nf ! ^^* municipal- °n the lands held or used in /' ^"^ "maintain in and r' ^^^^-- -<* - and^u'l'LyTr::. " Tl' ^^^ -"r' ny stream or lake from which S06 BRITISH COLUMBIA. water is to be diverted for the supply of such water-works sys- tem, all such reservoirs, water-works, and machinery requisite for the undertaking, and for conveying the water thereto and therefrom, in, upon and through any lands lying intermediate between the said reservoirs and water-works and the streams or lakes from which the same is procured and the points of distribution in the municipality or unincorporated locality, by one or more lines of pipes, as may from time to time be found necessary. Sec. 60. The municipality or company, and their servants under their authority, may for the said purposes enter and pass upon and over the said lands, intermediate as aforesaid, and the same may cut and dig up, if necessary, and may lay down the said pipes through the same, and in, upon, through, over, and under the highways, streets, lanes, roads, or other passages whether within or without the limits of the munici- pality or unincorporated locality, and in, upon, through, over, and under the lands and premises of any person or body cor porate or politic, within the municipality or unincorporated locality. 2. All lands, not being the property of the municipality or company, and all highway, roads, streets, lanes, or other pas sages so dug up, or interfered with, shall be restored to their original condition without unnecessary delay. 3. The municipality or company may set out, ascertain, purchase in manner hereinafter provided for the expropriation of lands, use and occupy such parts of the said lands as the municipality or company may think necessary and proper for the making and maintaining of the said works, or for the open- ing of new streets required for the same, and for the purchas- ing of any lands required for the protection of the said vs^orks, or for preserving the purity of the water supply, or for taking up, removing, altering, or repairing the same, and for distrib uting water to the inhabitants of the municipality or unincor porated locality, or for the uses of the municipality or com I pany, or of the proprietors or occupiers of the land through j or near which the same may pass. Sec. 61. For the purpose of distributing water as aforesaid] the municipality or company may sink and lay down pipe?.] tanks, reservoirs, and other conveniences, and may from time to time alter all or any of the said works, as well in the posij tion as in the construction thereof, as they may consider a-i visable. Sec. through railway, belongir pality o "pon, bj sary or 'n? with ^ay, or taken to ascertain] Sec. 6 construct! by the m pany shal 2- In outer line P'ace into company ] P'Pes aero the owner service pip ^^^ munici fhat behalf, 3- The liereinafter ^y the mui ''^'•vice pipt street as af( P'^J'ty or coi °^ the same WATER CLAUSES ACT. ,8^. Sec 6 T ^^i, 1897. <<•".,« a" Zl' tri"''l:"'-'y " ~"»»"y shall d„ '"' granted to thtm ! L I ° "Mutioi, of the ^™ . " '""^ 'action ,0 ,h. o'w " "'"" """« ""onab,; ^nd"!. "" ""' ^c. upon, tak« 'o/:^'" ,"'?^ other, who« p',;' ""'O.-'^ •»./.. o be taken .ht'^"'?' °' ".her Pipes' a«or^'„i":a«;r""" °' "- -- rihr'''^"' the owner nf * ^. ^**=^"t space and chartr^ fi, ^ "* service r ■« pXet tst; - r- °r'" - •■■wi/Yar/ue'h the municinaitt,, ^"^^ 's done to fh^ .• , ' ^"^" E ! M- r I I; 5o8 BRITISH COLUMBIA. able by the owner on demand to the municipality or company, or, if not so paid, may be collected forthwith in the same manner as water-rates: Provided that in no case shall the said expense of superintending the laying or repairing of such service, if laid or repaired by any other person as aforesaid, ex- ceed one dollar. Sec. 66. The service pipes from the line of street to the in- terior face of the outer wall of the building supplied, together with all branches, couplings, stop-cocks, and apparatus placed therein, by the municipality or company, shall be under their control, and if any damage is done to this portion of the serv; ice pipe or its fittings, either by neglect or otherwise, the occu- pant or owner of. the lands shall forthwith repair the same to the satisfaction of the municipality or company; and in default of his so doing, whether notified or not, the municipality or company may enter upon the lands where such service pipes are, and by their officers, servants, or agents repair the same, and charge the same to the owner of the premises, as hereinbe- fore provided. 2. The stop-cock placed by the municipality or company in- side the wall of the building shall not be used by, the water tenant, except in cases of accident, or for the protection of the building or the pipes, and to prevent the flooding of the premises. 3. All parties supplied with water by the municipality or company may be required by the municipality or company to place only such taps for drawing and shutting off the water as are approved of by the municipality or company. Sec. 67. Any person authorized by the municipality or com- pany for ^iiat purpose, shall have free access, at proper hours of the C.y, and upon reasonable notice given and request made, to all parts of every building cr other premises in which water is delivered and consumed, for the purpose of inspecting or repairing as aforesaid, or for plaoing meters upon any serv- ice pipe or connection within or without any house or building as may be deemed expedient, and for this purpose, or for the purpose of protecting or of regulating the use of any such meter, may set or alter the position of the same or of any pipe, connection or tap, and may fix the price to be paid for] the use of any such meter, and the times when and the man- ner in which the same shall be payable, and may also charge I for and recover the expenses of such alterations; and such] price i the sai Sec. tiistnbi poses V shaJI fij "lents; and in 'nanner w'lich th or rent <'''ants 01 2. Su< house, tei "«• ^or the Act, and n upon I "d unpaid, a, Foresaid, the ; l-rncd by the ty^y. at su< r'"" in that ^' ^3te of ten "••^■'•EH CLAUSES ,ur ^ '^^ '. 1807. '['"' and the exoen, , '' "^^• <''e same mann! •" °^ ««ch nit.r«.j *^ S-c. 68 The "' ^^^^r-rates."^"'^""" "'-y be collected d'strlbution o ^ '"""'cipality „r '" collected in J.I, "^ '"ay by th^ charge on such h '^ » ".b. by » ■i,"'^^ ;' due .„ ,h, • ^^«« and , ^^ "^ ■•"^ °f the s^rf maintenance or Th. ' '''''"• and reemL r'"°^'« rt ra.. in tha, beha" andT '" "^d by the "" "■""■o'Pality h -te of ten Per ';e«'p ^' '-=• 'o^'th^r^th""?!"'^ ^^ I annu„ thereon, sh ^ 'Zt^^: 510 BRITISH COLUMBIA. be collected by such treasurer by the sale of the lands and premises in the same manner and subject to the same provi- sions as in case of the sale of lands for arrears of municipal taxes. Sec. 71. The municipality or company shall not be liable for damages caused by the breaking of any service pipes or attachment, or for any shutting off of any water to repair mains or to tap the mains, if reasonable notice of the intention to shut off the water is given whenever the same is shut off more than six hours at any one time. Sec. 72. All materials procured or partly procured under contract with the municipality or company and upon which the municipality or company shall have made advances in accord- ances with such contract, shall be exempt from execution. See. 73. The municipality or company shall have power and authority to supply, upon special terms, any corporation or persons with water, although not resident within the munici- pality, or unincorporated locality, and may exercise all other powers necessary to the carrying out of their agreement with such corporation or persons, as well without as within the municipality or unincorporated locality, and they may also from time to time, make and carry out any agreement which they may deem expedient for the supply of water to any rail- way company or manufactory, whether such water be supplied within or without the municipality or unincorporated locality. Sec. 74. The municipality or company may dispose of any real or personal property acquired for water-works purposes when no longer required, and until sold, may rent or lease the same; any property so sold shall be iri^ from any charge or lien on account of any debentures issued by the municipality or company, but the proceeds of the sale shall be added to and form part of the fvnd for the redemption and payment of any debentures constituting a charge thereon, or should no such debentures then exist, then the said proceeds shall form part of the general funds of the said municipality or company, and may be applied accordingly. 2. In case credit is given for any portion of the purchase money of such real property the said municipality or com- pany may take security, by way of mortgage to secure the same, and the municipality or company shall h'%ve all the rights, powers, and remedies, expressed in or implied by any mortgage given, as fully as if such mortgage had been given to a pr ceeds th stituting Sec. ;,, f"ne, ma nature oi ties to VI price or other mat it may be in order t incorporat( ■ind whole "Pon the I supplied. Sec. 76. acts :— (a.) vViJ or procures company, o "'orkmen, 01 "nd authorit (b.) Wijf so tJiat the < , ^<^-) ^^in, htherwise sui ■^"s or dispc ""ts it to be I'/ie benefit of \K or wrongf J W-) Not I rompany, and I authorized in b obstructs t r'' pipe, or J r^;^riai, rubbi \J'-) Throws per into the fch water is 7 ">' company with rLL! "J? '^^ ^^^"^s acts:- *"^ P^'-son does or comm". ^«> VVilfully or m r . "' °' *'^ ^^"-""^ °^ procures to be hT'J'''""^^^ ^'«^ °ther than hi. ^^^^'^^ 't to ^^•) Not bX"rf r °' '"^P-P^ w te?" "^^ - »>-e. r^'npany, and not hi ^ «»npJoyinent of fh! "^^^"^^ h °^struct:^ tn, :t' ^'^""^ «P- or'^o e?f ^ ?^ ^"^3^ r^^' pipe, or hydrim u"'" *° ^"^ hydrant !. "^ ^^^^^-^nt, , ^«) W?C;'',';„^f=^;;° be done: • ""'"'^' P""". or wa.er' SI'S BRITISH COLUMBIA. upon any service pipe or connected therewith, within or without any house, building, or other place, so as to lessen or alter the amount of water registered thereby, unless specially authorized by the said municipality or company for that particular pur- pose and occasion: (g.) Lays or causes to be laid any pipe or main to com- municate with any pipe or main of the said water-works, or wrongfully takes or appropriates to his own use any water from any public ar private tap, or in any way obtains or uses any water of the said water-works without the consent of the said municipality or company: (h.) Bathes, or washes, or cleanses any wool, cloth, leather. skins or animals, or places any nuisance or offensive thing within or near the source of supply for any water-works system in any lake, river, stream, source or fountain from which the water of the said water-works system is obtained, or conveyr. or casts, causes, throws, or puts any filth, dirt, dead carcasses. or other noisome or offensive thing therein, or causes, '^ermits or suffers the water of any sink, sewer, or drain to run or be conveyed into the same, or causes any other thing to be done whereby the water therein may be in anywise tainted or fouled: Such person shall, for any such act, upon summary convic- tion be liable to a penalty not exceeding two hundred and fifty dollars, together with the costs and charges attending the proceedings and conviction. Sec. JT. It shall be the duty of the municipality or com- pany to provide a sufficient supply of water for the use of the municipality or unincorporated locality in the prevention and extingu!shraent of fires, and for such purpose to provide, equip, place and maintain a sufficient number of hydrants in such places as may be most readily available for such purpose, and the same to keep supplied with a sufficient quantity and force of water. WATER CLAUSES ACT, 1897. $13 IV. THE ACQUISITION OF WATER FOR INDUSTRIAL OR MANUFACTURING PURPOSES BY COMPANIES EN- TITLED UNDER THEIR TERMS OF INCORPO- RATION TO AVAIL THEMSELVES OF THE PROVISIONS OF THIS PART. Sec. 78. Any specially incorporated company throughout this part of this Act referred to by and included in the expres- sion "power company" may acquire, have, hold and exercise the rights, powers, privileges and priorities in and by this part of this Act created, provided and conferred, upon and subject to the terms and conditions in this part of this Act •^ntaJned. cc. 79. The power company sliall be incorporated for and 'he objects of the company shall be restricted to the acquisi* tiou of water and water-power by records of unrecorded water, or by the purchase of water records or water privileges for, a:id the application of such water and water-power to all or any of the purposes, and in any of the manners and methods fol- lowing : Sec. So. For rendering water and water-power available for use, application and distribution by erecting dams, increasing the head of water in any existing body of water, or extending the area thereof, diverting the waters of any stream, pond, or lake into any other channel or channels, laying or erecting any line f fAume, pipe, or wire, constructing any raceway, reservoir v'tie "lUCt, Vveir, wheel, building, or other erection or work ',.1 t ; li.^' be required in connection with the improve- ment ana a.' ■■- ji the said water and water-power, or by alter- ing, renewing, t. ...ending, improving, repairing, or maintaining any such works or any part thereof. Sec. 81. The use of water or water-power for hydraulic I mining purposes, for general irrigation puiposes within a de* tined locality or district, and for milling, manufacturing, indus- trial and mechanical purposes other than the generation of I electricity. Sec. :\,. The use of water or water-power for producing any jiorm of • ^er or for producing and generating electricity, for I'he purports 01 light, heat, and power; and for (a.) Constructing, operating, and ma'ntaining electric works, 33 i 514 BRITISH COLUMBIA. power houses, generating plant, and such other appliances and conveniences as are necessary and proper for the generat- ing of electricity or electric power, or any other form of de- veloped power, and for transmitting the same to be used by the power company, or by persons or companies contracting with the power company therefor, as a motive power for the op- eration of motors, machinery or electric lighting or other works, or to be supplied by the power company to consumers for heating or as a motive power for propelling tramways, or for driving, hauling, lifting, pumping, lighting, crushing, smelting, drilling, and milling, or for any other operations to which it may be adapted, or to be used or supplied for or in connec- tion with any othi purposes for which electricity or electric power may be appi : required. (b.) Placing, sinki: laying, fitting, maintaining, and re- pairing electric lines, accumulators, storage batteries, electric cables, mains, wires, pipes, switches, connections, branches, electric motors, dynamos, engines, machines, or other appa- ratus or devices, cuts, drains, water-courses, pipes, poles, build- ings and other erections and works; and erecting and placing any electric line, cable, main, wire, or other electric apparatus above or below gromd: (c.) Constructing, equipping, operating and maintaining electric, cable, or other tramways or street railways for the conveyance of passengers and freight: (d.) Constructing, equipping, operating and maintaining telegraph and telephoiie systems and lines. Sec. 83. The supplying of compressed air, electricity and electric power, or any other form of developed power, to con- sumers for any purposes to or for which compressed air, elec- tric power, or any other form of developed power may be ap- plied or required. Sec. 84. The power company may, upon the day or at any time after the day upon which its Memorandum and Articles of Association shall be executed in accordance with the pro- visions of the "Companies' Act, 1897," apply for, and may acquire and use records of unrecorded water in manner pro- vided by section 9 of this Act for obtaining records of un- recorded water for domestic, mining and agricultural purposes. 2. It shall be sufficient for the power company in posting and forwarding the notice of application by said section 9 pre- scribed, in lieu of describing the lands on which the water plied of n Lieui Se the <:, ecutiv (aO tion, , Comps (b.) place, power be exer (c.) ^ar as 1 ^vorks o (d.) water aj tJie com] descripti/ fo be dv Hater is '"ng powe is to be point of < (e.) A water in (f.) A ^nd Gold "y. place c such strear ^y the pov °rds have (S.) A , °^ the lands company d undertaking , (h.) A s "°" vvhereoi Pan.v. ^ ('•) A sti WATKR CLAUSES ACT. ,8,,. i^. intended to be „«d ,„ ■ ' S.S (d.) A staf ' ^^'"P^ny- undertaking and ^g) A statement of th. • . :r."""°" -"- -^^^^^^^^^^ and „pe„. (i ) A * X * power com- ^'•'' A statement of the •«♦• ' tne estimated cost «* *i- ""'* °^ *^e undertaking M mijt Si6 BRITISH COLUMBIA. and works, including water and lands to be purchased, the con- struction and operation whereof is to be presently undertaken by the power company. (j.) And generally a complete statement of all facts and matters necessary to fully inform the Lieutenant-Governor in Council as to the purposes and undertaking of the power com- pany, and of all matters and things affected by or relating thereto. Sec. 86. Upon the filing of the documents aforesaid, the Lieutenant-Governor in Council may either require further evi- dence or may direct references to be had or inquiries to be made, and may approve the proposed undertaking of the com- pany as submitted, or may limit to such an extent as may in the public interests be deemed advisable the area within which the corporate powers of the power company with respect to its undertaking and works are to be exercised, or the amount of unrecorded water which the power company may record, or the amount of recorded water or of lands which the power com- pany may purchase, and generally may impose upon such power company all such restrictions, limitations and conditions as the Lieutenant-Governor in Council may deem necessary or ex- pedient. Sec. 87. Z.h:: Lieutenant-Governor in Council may issue to the power company a certificate setting forth that the proposed undertaking of the power company, as submitted, has been approved, or that the same has been approved subject to the restrictions, limitations and conditions in such certificate set forth and contained. 2. The certificate shall fix the amount of capital of the power company, which shall be duly subscribed before the power company commences the construction of its undertak- ing and works and exercises any of the powers in that behalf, in this Part of this Act contained; or the amount of capital which shall be so subscribed in respect of any specified portion of such undertaking and works, and the further amount of cap- ital which shall be so subscribed and actually available above the cost of such first-mentioned portion, in respect of the remainder or of each further specified portion of such under- taking and works, before the same is commenced. 3. Such certificate shall also fix the time within which the portion of the capital is to be subscribed in respect of the sped fied portion of such undertaking and works in such certificate dea con be i for and takin twelv the I shall that t 4. , Cieric shalJ b panics, Articles printed and Art 'n? of t S. A in the B or circuii ^^'orks art ^e filed u sioner hav Sec. 88. *"e same with and *'cies of J. ^s ^rom thei '^S^^ds thel P^i'ated by f ^'•andum ail ^'% o„;y J ,^°"ncilofa ? ^.^-eof, an ^^^'strar off '"^^e with thj ''?"'>e and si '^'^'%es and ^V ATER CLAUSES ACT. .«,, '"king and worlf . * '' "" «»« specifi.d „ . '" "^P'" of, •»"ve ™o„rh° al". '"'^ «"'fica,e deal, TI T .l' "■' ""<'"- '^ "ndertaWn; a„d '" "."""' <" 'h^ re™li^ ' ""' '««<» sliall be p,„crfh-H 1 """■''* ^h"" not exZ^^ Portions of 'hat behar"'"' ""^ "« J^-^^nantcovernt """. ""'^ » '"«" ".rfij 'd' if X" oi; '^°'-" "- 't Tear '"•.'■-^ <" ">e Articles of Asso^,». ^ *"" ""ached to ih. w ' ®'°<='< Com- Printed with a„Tr "' """ " "PX of "„' h '^"""""dum a^d ""i Articles o? a1°""- "=" "' ""y copfo? ""L""'^'' ^hall be :^^-r If™ °" - --^-^ ^"= ^C'^^* "' fi'« Porated by specia 1 / " «"-Porate poj.^! '° "" "> ^<> far a^ '"' °n>y .0 .he tet,,ld''°""'°"- and under",t' 'i" *'""■ _ Sec 89. Upon thT„ .~'"litions of such ' i '^<='' ^"b- CouncilofacerfVfi ' granting by ih. r- . "rtificate. •^"' <»• of a ft!i^"' "■"'" the ProviLt "'/"""'■'^"''"nor in !" hereof an/" «««ca,e under ^ ""="°" «7 «' th « «^««ra°^T''jJ„rs^.''"''''«™» nd'fiC'r^ »' - , »"". With the te^s anS '^°'»P«i«. and "uh I~' """■ ">* «?"'re and shanTa^ ? 5?°'""°"» 'hereof .h^'"' '" "-npH- I "-'=«« and pilots; fandl T'-'^^ "'' 'he'r^rT "^^ ' "' ""^ ^-! <" 'his'lc.' gTnred^ 5i8 BRITISH COLUMBIA. ■ and conferred, so far as such rights, powers, privileges and priorities are under the Memorandum and Articles of Associa- tion, and in the discretion of the power company necessary for the purposes of the power company in the construction and ■operation of the proposed undertaking and works of the power company, and all acts and work $20 BRITISH COLUMBIA. company shall not affix within or without the corporate limits of any municipality any wire less than twenty feet above the surface of the street or road, nor erect more than one line of poles along any road or street without the consent of the munic- ipality. In every municipality the poles shall be as nearly as possible straight and perpendicular, and shall be painted, >t so required by any by-law of such municipality. (b.) Whenever, in case of fire, it becomes necessary for its extinction, or the preservation of property, that the poles or wires should be cut, the cutting under such circumstances of the poles or any of the wires of the power company, under the directions of the chief engineer or other officer in charge of the fire brigade, shall not entitle the power company to de- nland or claim compensation for any damage thereby incurred. The power company shall be responsible for all damage which its agents, servants, or workmen cause to individuals or prop- erty in carrying out or maintaining any of its undertakings and works. (c.) Within the limits of any municipality, the opening up of streets for the erection of poles, or for carrying the wires underground, shall be subject to the direction or approval of the engineer or such other official as the municipality appoints, and shall be done in such manner as the municipality directs; the municipality may also direct and designate the places where the poles are to be erected in such municipality; in an unincor- porated district such works shall be subject to the supervision and approval of the Chief Commissioner of Lands and Works. (d.) The surface of the street shall, in all cases, be restored, as far as possible, to its former condition by and at the expense of the power company. Sec. 95. The power company may and is hereby authorized and empowered to transmit and distribute compressed air, elec- tric power, light and heat. Sec. 96. The power company shall have power to construct, maintain, complete, and operate a single or double track tram- way, or any aerial or other tramway or tramways, with the necessary side-tracks and turnouts for the passage of cars, teams, carriages, and other vehicles adapted to the same, and to build bridges, and erect, acquire, and maintain telegraph and telephone poles upon, and along, and above any lands or highways in the said Province which are in the line of the tramway intended to be built by such power company, sub- WATER CLAUSES ACT, 1897. S«» ject, in so far as the same passes over or along any highways, to the permission and under the supervision of the Chief Com missioner, who, if he shall see tit to give permission to operate on any highway, shall fix the location of the tramways over the said highways between the said points, and may direct the paving, macadamizing, repairing, and grading of such high- ways, and the construction, opening up, and repairing of ditches or drains along or across the said highways and front time to time may give such directions as he may see fit and proper for the due protection and convenience of the publicr and the maintenance and preservation of public roads and high- ways, but in so far as the tramway, telegraph or telephone passes through or lies within the limits of any municipality, to the assent of the Council of such municipality, and to sucb regulations and conditions, modifications, changes, matters, and things as such municipality may, from time to time, by by-law enact. The power company shall have power to take,, transfer, and carry passengers and ore, minerals and freight, upon their tramway by the force or power of animals, or such steam, electric, water, or other motive power as the company may deem expedient. Sec. 97. The power company shall have power to construct telegraph and telephone lines and may establish ofHces for the transmission of messages for the public, and make rates and collect tolls for the use thereof by the public, and to do such other things as may be necessary to fully and completely carry on and operate such works, and for the purposes of erecting and working such telegraph and telephone lines the power com- pany may enter into a contract with any other company, for- eign or domestic, or may lease any of the company's lines or any portion thereof. Sec. 98. The power company shall have power to construct and maintain buildings, erections, reservoirs, wheels, wcirsr I dams, raceways, aqueducts, viaducts, tramways and all other necessary works connected therewith for making the wattr- power available and utilizing and improving and increasing the water privileges from time to time acquired, held and used I by the power company. Sec. 99. The power company shall have power to erect, I construct, operate and maintain electric works, power housesr [generating plant, and such other appliances and conveniences hs arc necessary and proper for the compressing of air, the I I: )l J ii ■m ; M «!2J BRITISH COLUMBIA. generating of electricity or electric power, and for transmitting such compressed air, electricity or electric power to be used by the power company as a motive power for the operation of motors, machinery, or electric lighting or other works of the company or to be supplied by the company to consumers for heating or as a motive power for propelling tramways, or for driving, hauling, lifting, pumping, lighting, crushing, smelting, drilling and milling, or for any other operations to which it may be adapted, or to be used or supplied for or in connection with any other purposes for which compressed air, electriiMty, or electric power may be applied or required, and for any of the above purposes the company is hereby authorized and em- powered by its servants, agents, contractors and workmen, irom time to time, to make and erect such electric works and sink, lay, place, tit, maintain and repair such electric lines, accumulators, storage batteries, electric cables, mails, wires, pipes, switches, connections, branches, electric motors, dyna- mos, engines, machines, cuts, drains, water-courses, pipes, buildings and other devises; and to erect and place any elec- tric line, cable, main, wire or other electric apparatus above or below ground, along, or over, or across any road, street, or bridge, and to erect poles for the purpose of placing the same in such manner as the power company shall think lit, necessary or proper for the purpose of carrying out the operations of the power company in respect of and incidental to the making, generating or supplying of electricity; and also for all such purposes to open, break up the soil and pavement of the roads, streets or bridges, and to open and break up any sewers, drains or tunnels within or under such roads, streets and bridges, and to erect poles, posts, pillars, lamps, globes or other appa- ratus in or upon the said roads, streets or bridges, or against any wall or walls erected on the same or adjoining thereto, and to dig and sink trenches and drains and to lay electric lines, cables and mains, and to put electric lines, wires, switches, and connection boards from such electric lines, cables and j mains, in, under, across or along such roads, streets and j bridges, and from fime to time to cut, remove, alter, repair, replace and relay such electric lines, cables, mains, wires, switches, and connection branches, or other apparatus. (a.) Provided that all such powers shall, so far as regards] any lands included within the area incorporated as a munici- pality, be subject to such conditions as the municipality mayl regards' munia- [ity tail WATER CLAUSES ACT, 1897. 533 impose; provided, however, that the company shall have the right of appeal, in a summary manner by petition, to a Judge of the Supreme Court of British Columbia from the conditions imposed by any municipal council, or from any regulation thereof, and the Judge shall thereupon prescribe under what regulations and conditions the company shall be allowed to exercise the powers hereby conferred within the limits of such municipality. lb.) And provided, also, that in places other than munici- palities, the power shall be subject to such regulations as the Chief Commissioner of Lands and Works may impose. Sec. 100. The power company shall have power, and the power company, its workmen, servants and agents are em- powered and authorized to enter into and upon any lands of any person or body politic or corporate, to survey, set out, ascertain and take, expropriate, hold and acquire such parts thereof as it may require for the purposes of the undertaking and works of the power company, in whole or in part; subject, however, to making compensation therefor in manner herein- after provided for the expropriation of lands. (a.) The power company may also, by its workmen, serv- ..t!i. or agents enter into and upon any lands adjoining the works of the said company, whereupon any line or lines of pipe, fluming or viaducts have been laid or erected by the power company in connection with its undertaking and works, and clear the said lands of timber and underwood to such width on each side of the said undertaking and works as the power company may deem necessary for the proper protection of the same; subject, however, to making compensation in manner hereinafter mentioned for such clearing or any damage done. Sec. Id. The power company shall have power and it shall be lawful for the power company, their servants, agents, and workmen, from time to time to enter into and upon the land of any person or body politic or corporate, lying in the line of the tramway intended to be built by such company, and to |Sur\-ey, set out and ascertain such parts thereof as they require [(or the said undertaking and work, and to contract with the [Owners and occupiers of the lands lying between the said looints, and those having any interest in the same, for the purchase of the same, or any part thereof, or of any privilege that may be required for the purposes of this Act, and for the right to take timber, stone, gravel, sand and other mate* ' 1 \< I i 1:1 it) ■}. 5^4 BRITISH COLUMBIA. rials from the aforesaid lands or any lands adjacent thereto, for the use and construction of the said undertaking and work. Sec. 102. Subject to the approval of the Chief Commissioner in unincorporated districts and to the approval of the munici- pality in incorporated districts, it shall be lawful for the power company to divert or alter the course of any road or way cross- ing the tramway, or to raise or .'iink any road or way, in order to more conveniently carry the same over or under, or by the side of the tramway, and if in the course of making the tram- way the power company shall interfere with any road or way, they shall, with all convenient speed, made good to the satis- faction of the Chief Commissioner or the municipality, as the case may be, all damage done by them to such road or way. And all rails laid '^y the power company shall be of a descrip- tion approved by the Chief Commissioner. Sec. 103. It shall be lawful for the owners or occupiers of any mine traversed by the tramway of the power company to lay down upon their own land or mine any collateral branches of tramway to connect with the power company's tram- way, for the purpose of bringing trams to or from such com- pany's tramway, and the power company shall, on such terms and conditions as may be agreed upon by the power company, and the owner or owners of such mine, make such switches as may be necessary for effecting such communication, and make contracts for the carriage of freight and ore by the power com- pany, and for the supply of electricity by the said company. And the powers in this .section may be exercised by any min- ing company working or owning any mine, whether such powers are or are not contained in the memorandum of asso- ciation or partnership articles of such company. Sec. 104. When the power company opens or breaks up the roadway or pavement of any highway, street, or bridge, or any sewer, drain or tunnel, it shall, with all convenient speed, com- plete ihe work for which the same shall be broken up, and shall nil in the ground, reinstate and make good the road or pave- ment, or the sewer, drain or tunnel so opened or broken up, and carry away the rubbish occasioned thereby; and shall at all times whilst any such roads or pavements shall be opened or broken up, cause the same to be fenced and guarded, and shall cause a light sufficient for the warning of passengers to be set up and maintained against or near such road or pave- ment where the same shall be opened or broken up every nigh* during Sec. structfii pass, V tramwa proposi the san cars, tn powers such pa second i without canon b( tramway. Sec. u tramvvay company parties in paid, sue] provided y authori wise the 1 developed same be i Sec, loj into contri •nunicipalit tramways supplying 'ract shall 3»reed upo '^y or corp Sec. log. '"fo and c( Pany, tram 'easing or contracts, ^''' any part "'' "ndertaJ *3me, or ^n t i WATER CLAUSES ACT, 1897. 525 during which the same shall be continued open or broken up. Sec. 105. Where it shall so happen that any tramway con- structed by the power company shall pass through any narrow pass, which is too narrow lor the passage of another line of tramway, without entailing great expense, any other company proposing to run a tramway line which would pass through the same pass or canon shall be entitled to run their engines, cars, trucks, or other vehicles over, and have all other running powers over, the .said first-mentioned line of tramway through such pass or canon for such a distance as will enable such second company to carry out the intention of its promoters, without any unnecessary expense from the fact of said pass or canon being already occupied by such first-mentioned line of tramway. Sec. 106. The exercise of any such running powers over any tramway line through such a pass or canon shall entitle the company owning such line to compensation; and in case the parties interested therein cannot agree upon the amount to be paid, such amount shall be ascertained in manner hereinafter provided for ascertaining the value of lands upon expropria- tion. Sec. 107. The power company shall have power and is here- by authorized and empowered to acquire by purchase or other- wise the right to use, and to use and employ, power already developed by others, at any point or points, and whether the same be in the form of electrical power or otherwise. Sec. 108. The power company shall have power to enter mto contracts with any person or corporation, and with any municipality, for building and equipping street railways or tramways, and for lighting the streets of any municipality and supplying it or them with power and heat, and any such con- tract shall be valid and binding for the term of years thereby agreed upon by the company and any such person, municipal- ity or corporation so contracted with. Sec. 109. The power company shall have the po/^er to enter into and conclude any agreement with any other power com- pany, tramway, or railway company, or any corporation, for •easing or selling to th«m the property, real or personal, rights, contracts, privileges, powers and franchises of the company, undertakings or works, or for running powers over the same, or rny part thtreof; provided that such agreement shall mi r 526 BRITISH COLUMBIA. be approved of by two-thirrls in value of the shareholders at any special meeting called for that purpose. Sec. no. The power company shall have the power to pur- chase, take over, lease or otherwise acquire, all or any part of the property, real and personal, rights, contracts, privilege, and franchises of any other person, power company, or com- pany, and shall have, when the same are acquired, all the powers, contracts, privileges, priorities, rights and franchises of any such person or company that may have been conferred upon any such person or company by concession, agreement, charter, Acts of incorporation, by-laws or contracts with any municipality, so that the same shall be held, exercised and enjoyed by the power company as fully as if specially conferred hereby, and the power company in the exercise ot its undertak- ing, and in the exercise of any of its powers of acquirement, shall become possessed of all the property, rights, contracts, privileges, and franchises of such person or company, and the right to exercise all such powers and franchises, and to oper- ate the undertakings and works so acquired, and after having acquired the property, rights, contracts, privileges, priorities and franchises of any such person or company, by purchase under any power of sale or trust for sale contained in any trust deed securing debentures or having purchased from any person or persons, or corporation or corporations, who may have been the purchaser or purchasers at any such sale or otherwise, shall stand possessed of the title to all the prop- erty, rights, contrac**^ privileges, and franchises as previously held by such per^. -i oi company so purchased or acquired, with all the powers, statutory, municipal and otherwise, for the due operation of the same, and the power company shall have power to carry on the business of such person or company 3p acquired in the name or names of such company so acquired (where acquired from a company), if thought fit. Provided, that the power company may lease the property, rights, con- tracts, privileges and franchises of any other company, from any such purchaser or purchasers, under the power of sale, or trust for sale contained in any trust deed, securing deben tures, and in such case the power company as lessee shall hav the right to exercise all the powers, rights, contracts, privi leges and franchises conferred originally upon any such othe company. Sec. III. Any municipality and the power company an hereby j agreemej dertakint part, and of the SI and repa lines, cab the locati '•*'hich th« and speed passengers the manne Pletion, ar sengers, th company, j traffic. Sec. 112. powered to the tramwaj ^or the carr: Sec. 113. power comp i^enger to su other conve ■'■hen deman ' the same Shan TeT-.'"" '"^ P««X''^"-f''7^». -d speed of runntg the 'Zt' f' ■«""" "' "i s thV ™! ^ th?~wfrr: fafe.r;i - -nrc- "nfpan;, and '^h "" "' "" "^-''and serTZ'"'?'^ "' "''■ .taffio. '•''" "" "-"bstrncting or im/edi^g'^f °L"'^'^°"" Sec. „2 Th, „ °"''"">' powered to take tr,""" '""Pany is hereby auth„ ■ ^ *" laKe, transport anri «„ '-'cuy authorized anr? »«, •vhen demanded by "he^P'"^" ^^^"«'n/to P^av th'''. ^^ h"it the car or oth J ^°"ductor or driver a„/ . ' ^"^ Ae conductor or W "°"^^y^"ce when requested "''"^ ^° Ung the saiH ? ""'^^ whatever; and all nth *'*"^^^ys as lull ,.^" "^' •^'^^ fl'rectors of th» T" power to make- °' '"' P"*" company shall have .j28 BRITISH COLUMBIA. (a.) By-laws, rules and regulations to be observed by the officers and servants of the power company and by all other persons using the tramways, rails, electric lines, electricity, •electrical appliances, or any property of the power company. (b.) Also rules and regulations for the maintenance and management of the power company's undertakings and works and for the collection of tolls for freights or ores, fares for the carriage of passengers, rates for electricity supplied, and rents for electric lines and appliances let for hire, and for iixing the time or times when and the places where the same shall be paj'able, and in case of default of payment to en- force payment by cutting oflE the electricity, or by suit at la-v, or both; and (c.) For the collection of the power, lighting and heating, rates or rents, and for fixing the time or times when and the places where the same shall be payable, and in case of default in payment to enforce payment by cutting off the electricity, or by suit at law, or by both: Provided, always, that such by* laws are not in conflict with any of the provisions of this Act. Sec. ii6. No person shall carry or require the power com- pany to carry, upon its tramway, aqua fortis, oil of vitrol, gun- powder, nitroglycerine, or any other goods which in the judg- ment of any agent of such company are of a dangerous nature; .and every person who sends by the tramway any such goods without at the time of so sending the same, distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the station master or other servant of the power company with whom the same .are left, shall iodcit to such company the sum of twenty dollars for every such offense, to be recovered in an action as for a debt in any Court of competent jurisdiction. (a.) The power company may refuse to take any package or parcel which any agent of such company suspects to contain goods of a dangerous nature, or may require the same to be opened to ascertain the fact, and the power company shall not ■carry any such goods of a dangerous nature, except in cars specially designated for that purpose, on each side of whichBP^"y. either shall be plainly painted in large letters the words "dangerous«''^'"son, or in explosives;" and for each neglect to comply with the provi-Mj^"y for the Sec into a riages the de: or equ the afo: Sec. tract wi with ele or comj sages, t public o purposes "ect and electric J burner, U with any new electr •"ay be re such sum fifne to tin 'ses lying • suitable for occupier of Pany, befor '".? such cc ^'ontinuing ^'ve reason^ Pany of the ment of the '"struments ■ f'ectric light ""d use only company. Sec. , "9. "<^ctricity, or «ions of this sub-section, the company shall incur a penalty [form ^rs, moto] of five hundred dollars, which shall be recoverable by atijB"' apparatus person who sues for the same. jPower company WATER CLAUSES ACT, .8^. Sec. 117 TL- ^^' K^i - '•.uip7j2:-7S"f. freight orZZZT"'"' "" purposes may, from Hm. '. ■"> ''■'"Ks and places an^T^"' electric Ii„e, cable, ^j^f""" "=r"'«or, storage £,,!:;• "ew electric 1 "e Z^T'".' '"" ■" <=able. or " ZT"'''''"' -3:rafS;?°'«-v::,^iH-a:^^^^^^^ time tn *;», ^ °^ agreed upon T»,- °*^ ^'"'"^ or for ■- ly^rJithTn'^fi^ ''«'"•-="- -« el^WcTr^ ^''="- '™"' °«upier of such n™ '^° ' °" ""'"K ■'equired bv Tfc "'"'«' Sec. 1x9 If ^ *^^ P°w«r |p«-so„ or L '"P"' <" the supply T ,, '^.e .Power com- hlrtu: :::':r ,"' '!-« «nt r« r«dS,yT"'' *° '"='■ Ifc'raers m„. ' '^'""<= ""es, meter, . ''°**' ">»• h ZIZ,L "'"""""O" boards ampTT"!"'""' '"- iKXer cornl "'■ ""PP'ied for hire ^ c '"*'• "ork, company may c„. or disconnecfany "le'cWc r™'' ♦"« I 34 ' electric hne or other :-(i 530 BRITISH COLUMBIA. work through which electricity may be supplied, and remove such articles and works above mentioned as were let for hire to such person. Sec. lao. Where any electric lines, accumulators, transform- ers, motors, meters, generators, distribution boards, lamps, fit- tings, works or apparatus belonging to the power company are placed in or upon any premises not being in possession of the power company for the purpose of supplying electricity, such electric lines, accumulators, transformers, motors, meters, generators, distribution boards, lamps, fittings, works or ap> paratus shall not be subject to distress for rent for the prem- ises where the same may be, nor be taken in execution under any process of law or equity against the person in whose pos> session the same may be. Sec. 121. Any person appointed by the power company may, at all reasonable times, enter on any premises to which electric* ity is or has been supplied by the power company, in order to inspect electric lines, accumulators, fittings, works, and appa- ratus for the supply or application of electricity belonging to the power company therein, and for the purpose of ascertaining the quantity of electricity consumed or supplied, or where sup- ply of electricity is no longer required, or where the power company is authorized to take away or cut off the supply of electricity from any premises, for the fiurpose of removing any electric lines, accumulators, transformers, motors, distribu- tion boards, meters, fittings, lamps, works or apparatus belong- ing to the power company. Sec. 132. The power company may receive, take, hold, en- joy, or lease from any government, person, corporation, mu- nicipal or otherwise, any lands, bonuses, donations, loans, gifts of money, bonds, guarantee of bonds, or interest guarantees, exemption from taxes, or other impost, or any or all of the same, and generally any benefit or advantage to the power company or in aid of the same, of any nature or kind wtiat- soever; and may sell, lease, or otherwise dispose of the same, either conditionally or absolutely, or for any limited estate or interest therein, and upon such terms and conditions as the Directors may deem proper, and the generality of the latter part of this clause is not to be held to be restricted by the specific mention of the foregoing ways and means. Sec. 123. Any person who shall maliciously or wilfully in- jure, molest or destroy any of the lines, posta» or other mate- rial O] tiseme erty oj interfei plant 4 liable 1 hundre( Sec. or injur operatio twelve I age is s twelve r damage < any othej Act and thereupon ance of a: Sec. T2 and the p subject to future legi of the pov 'slature xtii express c< "ay from ">ht of th "1 respect < "ehts and enjoyed by 3s by the I ^« just and ulations and ^o'- the colie, and charges, "mount of a Order in Co J^ears from Mffie. Sec. J26, ailway Act" 'ny provision WATER CLAUSES ACT, .8,;. i" 1 'W or proper,, of the n„ '' «•■ hundred dolC5 '" '""^ ^-ch offense 1, " "•""'• >« Sec. ,4 A« a ?' " *'"' ~«s- «««ding one '^'t and ,he speda S!f, "'"<' ""> «™e"I fssue anH •"'' """ thereupon anrt "" '" evidence at »„ .' ■ ?'' «"" ""'•■ «'«ur.'^^:rserfit'"t""'."^" hereby 'c^S^ °' 'h's Ac,, oj: "»/ from time ,o ,f^ ' ^'"«"'an,.Goverao? i ?- "" "«h, „, ,he ProWn e su'cT^' """ "^'"'^The Crol°"~" '" 'wpec, of ,he watL f°""' '"W'ties, tolls an^r' '" n«hts and or,„n. ' "' "' 'he lands of ih^r- "* <*M-ge» <«Wed by the i^"' """'h shall be set lul^* *^"™ «' »ny), « by the r '"'"" company, or Irl l°V' "PP'opriated, or rears f"„^X'' '"*" "^ ■»«<'« ^.htl'th?'" '"' "">' '"o"* ^ from the passage of ,he Orjer in r„ '"T °' 'hree S«. ,^ Tk , , ""'' *"'"» «he Sailway Act" .h,i. ""« "'""" of the "B,-.- . : f f Si ^32 BRITISH COLUMBIA. •subject matter of any such clause, be incorporated with this Part of this Act, and apply to any power company formed hereunder, which includes among its objects of incorporation the construction or operation of tramways, when and so soon as the power company in exercise thereof proceeds to construct or operate a tramway, viz.: to; 21 to 28, both inclusive; 31; 41, 42, 43. 78, 79 and 80. V. PROCEDURE FOR THE EXPROPRIATION AND AC- QUISITION OF LAND IN AID OF THE EXER- CISE BY MUNICIPAL CORPORATIONS OR IN- CORPORATED COMPANIES OF THE PRIV- ILEGES AND POWERS CONFERRED AND CREATED BY PARTS III AND IV OF THIS ACT. Sec. 127. No undertaking or work of any municipality and «o record or privilege appurtenant thereto shall be taken or purchased by any other municipality or by any incorporated <:ompany under this Act, except: (a.) With the consent of the municipality owning such un- dertaking or work; or (b.) Under authority of an Order in Council made by the Lieutenant-Governor in Council upon its being mad6 to appear to him that such taking or purchase is necessary or expedient in the interests of the public. Sec. 128. No undertaking or work, and no record or priv- ilege appurtenant thereto of any incorporated company under this Act shall be compulsorily purchased by any other com- ;pany engaged in constructing or operating any undertaking or work of the same kind and nature, except under authority of an Order in Council made by the Lieutenant-Governor in Council upon application made to him for that purpose, and upon its being made to appear upon such application that such com- pulsory purchase is necessary or expedient in the public in- terest. Sec. 129. In the event of the compulsory purchase of any undertaking or work under authority of an Order in Council tnade by the Lieutenant-Governor in Council, under and by vin pan sucl a St in c teen accoi and capitj (a. compj incJud I. and al gineeri actuaJJ; powers, ing to 2. A about t] work uj 3. AJ 'or dam purchase passing chased. 4. AIJ ^y the m undertaki nierated. Sec. 13 0' this Al ^^ed to ac powers an ^ork entei °' the saic such powei Ciauses Co cedure ther Clauses Co pality or ,. ^orks there WATER CLAUSES ACT. .8,,. S3» a sum sufBcient f„ , " '"=«'« 'he cost nf - " "Wch ■•» cost of co„A "■" "P "« interest on ^i^ ""^'"><='i°n and "« per ee„r»r '"" """ "«i"'enr„ce to .h """*' '">'"'«<» account ^VyZlT""" '" ""•« <" Purchas '"1""°""' °< «" -«. a fur,7er^r„' ta,7/ T """-"' 'X'^hr."""' -pan. the .ords "cos: :noru'ct!;^. t,-"? r"-"* '• All sums of „ ""'""' '» »|.d about the or,L:S :tlT '"^ ""- "e spent i„ 5;""f,'"ff- 'c«al and cler°cal i, ""'P""^. including an M 3- A?l sums plT'r -' "■' «S woX 3"", "'"''"* °' 'or damaees 1, ""^ ""= ""nicipalitv or ^ P^Pcny. P-rchaTe ^o, exo" '' °"^ ""P^sation ("^ °;;°"P-ny as and P««ing w,U Z"'""^*"'" °< '^nds, records "?"" '"'^ "«= chased^ " appurtenant to the u„de«ak n/"/, ""r'^^" t« ^-vii or any sum "ndtta^tfif::^ r '-p-r.oTnrptt;-'' --"^ p^^o "-"^ at.>e"?^»"'--n^^^^^^^^ "I or Part IV p°-rs ard-p^it/esiVtr""™'' '"^' "-rrfi ":""''• "■ork entered upon a^H . .** P^Poses of any unw iT'.'='"^<«. »' 'he said Parfsof :i's°A« '""'^ °"' -nSer Thf "!„''"^ °^ such powers be paid upon the taking of Crown lands shall be such as the Lieutenant-Governor in Council may from time to time, and whenever necessary with regard to the circumstances of each .particular case, by Order in Council appoint. 2. The aforesaid power of entering and taking Crown lands shall not extend to lands which shall be expressly re- served by the Crown for any purpose whatever; and such lands -may only be acquired for purposes under this Act, upon such iterms and conditions as the Lieutenant-Governor in Council may from time to time appoint by Order in Council. VL REGULATIONS AND REPEAL OF FORMER ENACT- MENTS. Sec. 132. A company may, subject to and by observance of Tthe provisions of this section and of sections 9, 10, 11, i4i ^S> \6» \7t i& i9» and 20 of the "Companies Act, 1897," become sp^ 'f [lands such Uncil Iact- |ce oi I4. 15. spc- WATER CLAUSES ACT, 1897. S3S cially incorporated for the purpose of exercising the rights, powers, privileges, and priorities in and by Part III, or in and by Fart IV of this Act, created, granted and conferred. I. The company shall, in and by its memorandum of asso- ciation, provide for, assume, and take the following matters, powers and regulations: — (a.) That the company shall, upon and after its incorpora* tion, be governed by the provisions of the "Companies Clauses Act, 1897," to the exclusion of all the provisions of the "Com- panies Act, 1897." (b.) That the company may, upon the conditions, and to the extent, and in the manner prescribed in such memorandum, exercise the powers contained and referred to in sections 5, 21, 43, 44, 55, 70, 75, 78, 103, 114, 115 and 118 of the said "Com- panies Clauses Act, 1S97." Sec. 133. The provisions of Table A in the First Schedule to the "Companies Act, 1897,'' shall not apply to any company incorporated pursuant to the provisions of the preceding sec- tion, but any such company may adopt such regulations not repugnant to or inconsistent with the provisions of the "Com- panies Clauses Act, 1897," as may be deemed expedient for the proper management and conduct of the business and af- fairs of the company. Sec. 134. For the purposes of this Act in that behalf, the expression "the Special Act," wherever the same occurs throughout the said "Companies Clauses Act, 1897," shall in addition to and extension of the meaning in the said Act ascribed to such expression mean and include: (a.) In the caserson in "'^^'■. such pe ■^^ ^uch publi Sec. 150. Th ''' to time, a 'oner under th '^'i appointme «ed in the Li 'Ssioner or Go r. WATER CLAUSES ACT, 1897. 541 at the point or place where such holder takes the water used by him into his ditch or works: Provided, also, that the con- struction and use of such dam or breakwater or improvements shall not injure the source from which such water is taken, or the property of any person, by backing water, flooding, or otherwise: Provided, also, that all disputes arising upon any matter or thing in this clause contained, shall be decided in a summary manner before the Commissioner, or Gold Com- missioner, who shall have power to render such decision as shall seem to him just and equitable. Sec. 148. In all cases where the validity of any water record made before the sixth day of April, 1886, may be called in o,uestion, and the Court or Judge before whom the case is pending shall be of opinion that such record was bona fide made, the same shall be held to be good and valid so far as I the making and entry thereof is concerned, and effect shall be I given thereto according to the intent thereof. Sec. 149. Every by-law, resolution, or minute of any power I company under this Act fixing, and every other schedule or proceeding which fixes or determines the tolls, fares, rates, rents or charges to be made, levied and collected by such [power company, shall, within thirty days after the passing or making thereof, be submitted to the Lieutenant-Governor in ICouncil for approval, who may approve or disapprove of the hame, in whole or in part, and may adjust, increase or de- jcrease such tolls, rates or charges as he may deem expedient |in the public interest. (a.) Every schedule or scale as approved pursuant to this Isection shall be published in form and manner directed in any Irjies and regulations for the time being in force under this jAct, or as may from time to time be directed by the Lieuten- lintGovernor in Council, and in any action brought against pny person in respect of non-payment of any charge there- under, such person may plead as an answer to such action ht such publication has not been made as aforesaid. Sec. 150. The Lieutenant-Governor in Council may, from [ii^e to time, appoint any person to act as Water Commis- sioner under this Act, and such person for the purposes of •ich appointment, shall have all such powers under this Act tsted in the Lieutenant-Governor in Council, and in a Com- issioner or Gold Commissioner, as may be conferred upon i I I ) I ! H r ,, J «)! S4a BRITISH COLUMBIA. such person by Order in Council, or by any rules and regula- tions for the time being in force under this Act. Sec. 151. The Lieutenant-Governor in Council may, from time to time, by Order in Council, establish a scale of fees payable on any proceeding taken under this Act, and provide regulations for the payment and collection thereof. Every such scale of fees shall be published for one month in the British Columbia Gazette. Sec. 152. In case of companies incorporated under provi- sions of this Act, and in case of companies incorporated at the present or any future Session whose Act of Incorporation shall be subject to the "Water Clauses Consolidation Act, 1897," or any part thereof, the same shall be, and the same is hereby declared to be, subject to the "Alien Labor Act, 1897." Sec. 153. This Act shall come into force on the first day of June, i8q7. REPEAL. Sec. 154. The following Acts and parts of Acts are hereby repealed: (a.) Secions 59 to 79, both inclusive, 128, 129, 130, 131, 132, 133 and 134, of the "Mineral Act, 1896." (b.) Section 54 and sections 56 to 78, both inclusive, of the "Placer Mining Act, 1891." (c.) Section 2 of the "Placer Mining Amendment Act, 1894." (d.) Sections 39 to 52, both inclusive, of the "Land Act." (e.) Section 9 of the "Land Act Amendment Act, 1891." (f.) "An Act providing for the election and defining the duties of Water Viewers," being c^iapter one hundred and seventeen of the "Consolidated Acts, 1888." (g.) The "Water Privileges Act, 1892." a. Provided that such repeal shall not afTect any rights ac- quired or any liabilities or penalties incurred, or any act or thing done under any of the said Acts or parts of Acts. ■/^•) The nt P Vic. chai f'ons, respective ■ ('•) Section 'this consoIi H" Majesty bv . '*«•> '^ ""'' ^■■'^' Sec. 2. jn jjj- - ■'^"gation ,^t-« ~"' "S^.t'. rr rs^.--- (b) Th ^'nister of the ;™ion lands 7or,"rd- ."'*"'" *""■" 'h, 3«„. , ^ l"~ trs-i-r"-'- C ■"" " "■"Pany. .he objec,, and ''^"''" "■"■'' any ■„.„ Ne the constr«^« P"*'" of which . . '"<=""'Porate(» h" this Act "'!" ^ '"'"»"•<"' »' i^^Lri'"" J" " ■■"■ t:tZ^^l^n, „„ .hereS°"„7 °«'« *""» (I) The b NOTES. — S«- 8- The prov1;ion. ," '""<»"= '"'"'"* (543) T. G; r. 544 NORTHWEST TERRITORY. of the supply or the sale of water for irrigation or other pur- poses, and includes any person who has been authorized or has applied for authority to construct or operate such works or carry on such business, or who has obtained a license under section eleven of this Act, and also includes any irrigation district incorporated under an Ordinance of the Northwest Territories. (58-59 V., c. 33, s. 1, part.) (e.) The expression "works" means and includes any dykes, dams, weirs, flood-gates, breakwaters, drains, ditches, basins, reservoirs, canals, tunnels, bridges, culverts, cribs, embank- ments, headworks, flumes, aqueducts, pipes, pumps, and any contrivance for carrying or conducting water or other works which are authori2ed to be constructed under the provisions of this Act. (f.) The expression "duty of water" means the area of land that a unit of water will irrigate, which unit is the dis- charge of one cubic foot of water per second. Sec. 3. This Act shall apply to and be in force throughout the Northwest Territories. Sec. d. The property in and the right to the use of all the water at any time in any river, stream, watercourse, lake, creek, ravine, canon, lagoon, swamp, marsh or other body of water shall, for the purposes of this Act, be deemed to be vested in the Crown, unless and until and except only so far as some right therein, or the use thereof, inconsistent with the right of the Crown, and which is not a public right or a right common to the public, is established; and, save in the exercise of any legal right existing at the time of such diver- sion or use, no person shall divert or use any water from any river, stream, watercourse, lake, creek, ravine, canon, lagoon, swamp, marsh or other body of water, otherwise than under the provisions of this Act. 2. The said Act shall be read and construed as if the section hereby substituted had originally formed a part thereof instead of the section hereby repealed. (58-59 V,, c. 33, s. 2.) Sec. 5. Except in pursuance of some agreement or under- taking existing at the time of the passing of this Act, no grant shall be hereafter made by the Crown of lands or of any estate, in such terms as to vest in the grantee any exclusive or other property or interest in or any exclusive right or priv- ilege with respect to any lake, river, stream or other body of water, or in or with respect to the water contained or flowing therein, or the land forming the bed or shore thereof. CONSOLIDATED IRRIGATION ACT. S4S Sec. 6. After the passing of this Act, no right to the per- manent diversion or to the exclusive use of the water in any river, stream, watercourse, lake, creek, ravine, canon, lagoon, swamp, marsh or other body of water, shall be acquired by any riparian owner or any other person by length of use or otherwise than as it may be acquired or conferred under the provisions of this Act, unless it is acquired by a grant made m pursuance of some agreement or undertaking existing at the time oi the passing of this Act. Sec. 7. Except for domestic purposes, as hereinafter de- scribed, every person who holds water rights of a class similar to those which may be acquired under this Act, or who, with or without authority, has constructed or is operating works for the utilization of water, shall obtain a license or authorization under this Act before the first day of July, one thousand eight hundred and ninety-six. (58-59 V. c. 33, s. 3.) 2. If such license or authorization is obtained within the time limited, the exercise of such rights may thereafter be continued, and such works may be carried on under the provi- sions of this Act, otherwise such rights or works, and all the interest of such person therein, shall without any demand or proceeding be absolutely forfeited to Her Majesty and may be disposed of or dealt with as the Governor in Council sees fit. 3. The application for such license or authorization shall be made in the same manner as for other licenses or authoriza- tion under this Act, and the like proceedings shall be had thereon and the like information furnished in connection there- with. Sec. 8. Any water the property in which is vested in the Crown may be acquired, for domestic, irrigation, or other pur- poses, upon application therefor as hereinafter provided; and all applications made in accordance with the provisions of this Act shall have precedence, except applications under sec- tion seven, according to the date of filing them with the agent, if for the same purpose, but not otherwise. 2. The purposes for which the right to water may be ac- quired are of three classes, namely: First, domestic purposes, which shall be taken to mean household and sanitary purposes and the watering of stock, and all purposes connected with the working; of railways or factories by steam, but shall not in- clude the sale or barter of water for such purposes; second, irrigation purposes; and third, other purposes. t I i» i I S46 NORTHWEST TERRITORY. 3. Applications shall have precedence in this order irre- spective of the date of filing, so that all applications for do- mestic purposes shall have the precedence of all those for irriga- tion and' other purposes, and all applications for irrigation pur- poses shall have precedence of all those for purposes within the third class. Sec. 9. No application for any purpose shall be granted where the proposed use of the water would deprive any per- son owning lands adjoining the river, stream, lake or other source of supply of whatever water he requires for domestic purposes. Sec. 10. When any person abandons or ceases to use any waters acquired by him for the purposes for which they were acquired, or wastes such waters, his right to use them shall ce»se. Sec. II. Any person contemplating or projecting any works under this Act, may, upon submitting a general descrip- tion of such works and upon payment of a fee of five dollars, obtain from the agent a license to do the necessary preliminary work in connection with the location of such works; and after he obtains such license may, with such assistants as arc neces- sary, enter into and upon any public or private lands to take levels, make surveys, and do other necessary work in cauuc- tion with such location, doing no unnecessary damage. Sec. 12. Except as hereinafter provided, any company ap- plying for a license or authorization under this Act shall nie with the minister and the agent a memorial setting forth the names of its shareholders and their places of resiJenct, ihe date and manner of its incorporation, the names of its di- rectors and o/ficers and their places of residence, the aniuunt of the company's subscribed capital and the amount of i;s paid-up capital, the proposed method of raising further :u:.di, if needed, and the purposes for which the company is mcjip^^- rated. (s8-.5q V. c. 33, s. 4.) 2. If the applicant is not an incorporated company, the memorial shall set forth his name, residence and occupation, and such particulars as to his financial standing as shall e:?tab- lish to the satisfaction of the minister his ability to carry out the proposed undertaking. 3. The memorial shall also state the name of any r ver, stream or other source of supply from which water is to be I CONSOLIBATED IRRIGATION ACT. ,. -""*'j/\llt)N APT -r;^,:'':. «r "" r -- «">-. „, ..„ ' • "' «bl« quant ty of " , """^ ="-•« <" wattr ,?, ,* "'''"""' »' undertakine °^rf"^ ? ""^ '""^'ructed for ih, '•'""ion; 'he Purpolf .rthth r'"^ "' "•' "■"" It n?a"rT" °' "" proposed r^.. . . ""' ^"■'i water is ,^ T ^* """y be; consumers ,L "' '^'•^'•«"' '"r it; thl ^\'lf'^- -"d the dally i'Ltt P™'-"'"' l-antity „/ ,Zt fh", "" """">" »« other and further par. cu L a" "''"* ""P™veme„,f ' j' ""^ rivers. streaL ! '""'' ^y such waL ,», ,^ """"■ ^how- -d tie prSle ; °'"" ^"""^ "7 taler "'t""" °' -" "on and'^.rea o^ j°"'-» <" "« Proposed ."ks'af' J""""' "eated for the . "^ "*"'• "^'fyoirs or bl^if ° ""^ P"''" ,„a. e«.ct.^ — Of storin. wa.^r^r^^^X to^be •"-ty.five cubir,e« "of '""'"' ^ "-,s carrying „o ' , »l>ove information ,L ";'" "" =«o„d. i„ 'Z, "'^"- -nt'to^^^t^itr'"^ "---." nT:;rtuffi '"■™'^ '-• "here where ^r, ^^' ParticuJarJv nn . 7 '^ ''^^ ^l'-."i *"" bottom of the ditch 548 NORTHWEST TERRITORY. to the surface of the ground is less than double the bottom width of the ditch at that point. The plan shall be drawn on a horizontal and vertical scale of one inch to twenty feet. 7. Plans of any dams, cribs, embankments or other works, proposed to obstruct any river, stream, lake, or other source of vrater supply, or in order to create a pond, reservoir or basin of water anywhere, or which may have that effect, shall be prepared on a longitudinal scale of not less than one inch to one hundred feet, and for cross-sections on a scale of not less than one inch to twenty feet, and shall show what material is intended to be used and how placed in such works. The tim- ber, brush, stone, brick or other material used in such works shall be shown in detail on a plan, the scale of which shall be not less th.'in one inch to four feet. 8. Cross-section, maps or plans showing the surface of the ground under such pond, reservoir or basin of water, and also the surface of the water proposed to be held therein; the hori- zontal scale of the said maps or plan ^hall be not less than one inch to one hundred feet; and the vertical scale shall be aiot less than one inch to twenty feet; and a sufhcient number of lines of levels shall be shown, so that the contents of the pond, reservoir or basin of water may be accurately deter- jnined. If the maps or plans show the levels by contour lines, they shall be on a .scale sufficiently large that the contour lines, ;showing a vertical distance between them not exceeding one tfoot, may be accurately delineated. The maps or plans shall Jiave sufficient information to show dearly the property likely tto be affected by the creation of such ponds, reservoirs or Jbasins of water, and the manner in which affected, and shall ishow in detail such other particulars as the minister or the •Governor in Council sees lit to order; and there shall also be ifurnished a plan, on a scale of not less than one inch to four feet, showing the proposed manner of controlling and drawing off the water from any such pond, reservoir or basin. Sec. 13. The memorial and maps or plans shall be made in duplicate and signed by the applicant, or, if the applicant is a company, by the execeutive officers thereof, and shall be filed after having been first submitted for correction and approval to some duly qualified officer of the Department of the In- terior to be named by the Minister, one copy with the min- ister and the other copy with the agent, and the same or a CONSOLIDATED IRRIGATION ACT. 549 true copy thereof shall be open for examination by the public at all times in the Department of the Interior at Ottawa, andtt at the office of the agent. 2. In any case where he thinks proper, the minister may- direct that a copy be also filed in such other place or with such other official or person as he names for that purpose, and such copy also shall be open to public inspection. 3. The applicant shall forthwith give public notice of such filing; such notice shall contain a statement of the nature of the rights applied for and the general location and character of- the proposed works, and shall be published once in the Canada Gazette, and not less than once a week for a period of not less than thirty days nor more than ninety days, as the minister determines, in some newspaper published in the neigh- borhood of the proposed works and to be named by the agents and all objections to the proposed works shall be forwarded to the minister within such period. 4. The minister shall consider all objections filed and report thereon to the Governor in Council, who may thereupon by Order in Council authorize the construction of the said work* with such changes or variations as are deemed necessary. (58-59 v., c. 32, s. s» part.) Sec. 13A. The applicant for a license for a ditch of less capacity than ten cubic feet of water per second shall not be required to provide the memorial and maps and plans called for by section twelve of this Act. or to give the notice in the Can- ada Garette required by section thirteen of this Act, but shall file with the minister and the agent a written statement setting? forth his name and residence, the source from which water is to be diverted, the point of diversion, the probable quantity of water to be used, the size and slope of the ditch, the works proposed to be constructed for the purposes of the undertak- ing, a description of the land upon which the water is to be used, and such other and fuller particulars as may be needful to a full understanding of the scheme. 2. Attached to the statement shall be a general plan on a scale of not less than one inch to a half-mile, showing the source of supply, the position of proposed headworks, the lo- cation of the ditch, the tract of land to be irrigated through the proposed scheme, and the position and area of any and alt ponds, reservoirs and basins intended to be constructed fo» the storage of water. f l\ i\ U\ ii J.'iO NORTHWEST TERRITORY. 'a There shall also be filed with the statement, plans in de- *Uail of bridges or culverts necessary for road or farm cross- ings over or under the proposed works; also plans in detail of flumes, headworks, dams, or other structures to be erected in connection with the proposed works — such plans to be on a jscale of not less than one inch to four feet. 4. Public notice of such filing shall forthwith be given by rthe applicant, in some newspaper published in the neighbor- hood to be named by the agent, not less than once a week for* .a period not exceeding thirty days, within which time all pro- tests against granting the rights applied for shall be forwarded ito the minister. 5. The minister, after considering all objections filed, may .autliorize the construction of said works with such changes or wariations as are deemed necessary. (58-59 V., c. 33, s. 5, •part.) Sec. 14. Any works authorized under this Act shall, if the minister so determines, be constructed subject to inspection r his dii inspection. 'T'piied or tile- territor «itli each j *.5«-59 v., c ^- Any I <-'Jiincil res Jil(.d by the '1 I'l^^rtion 01 ■i- -Vo m wuhout pern devi.-ition is isttr or such ^tc. 16. ' 'iuii of such ciition and c purposes of powers confe: so far as th< company and •"^ct or with sion conferrin 'er to any wo: 'f'' tM the rail CONSOLIDATED IRRIGATION ACT or in any works of tU. «' -d- „,ay be dealt withTn'^e '"' "°"-"^P''ance with such ;'^^ 7^Pect to an order of the ""- '"'""" ^' '« Prov del f-| of this Act. °' *'^^ "^'"'ster under section th.rt/ : "' t" published i„ no, leL^f ''' '"-npleted. Such „o,ke '1 ed or the waters to be used th/^ '^' ^^^^^ ^« to be l/rch"' '^"'^"^^ ^<^ 4 one alent '" "°^ ^-«"^ncil Tegtdinr the^^ ^^^^''^ns ordered by the C ' r^"- of the record" ^pntrp^ubL'^^^^"^' ^"^ ^^^" ^^ - -^o material deviating < P"""c inspection •-'■«u permission, a"d"„v l?"'"' "'^"^ «'= or the secretary of the Department of the Interior, shall be sufficient evidence of the authority of sucit inspecting officer. J. Every person who wilfully obstructs an inspecting officer in the execution of his duty shall be liable, on summary con- viction, to a penalty not exceeding twenty dollars, or to im- prisonment for a term not exceeding two months, with or without hard labor, or to both. Sec. 21. Lands required for the wo^ks of the company, as shown by the maps and plans filed, in whomsoever they are vested, whether in Her Majesty or in any company under this Act, or in any railway company, or in any other person. whomsoever, or any inerest in or right or privilege with re- gard to such land which is so required, may be taken and ac- quired by the company; and to this end all the provisions of ilie Railway Act which and so far as they are applicable to such taking and acquisition, shall apply as if they were includ- ed in this Act, the Minister of the Interior and the Department '^f the Interior being substituted for the Minister of Railways 1'^' .354 NORTHWEST TERRITORY. -and Canals and the Department of Railways and Canals, re- spectively, whe/ever in the provisions of the said Act the latter minister and department are referred to : Provided, that the Minister of the Interior may impose such terms and conditions as he thinks proper in the public interest in connection with the acquisition under this section of any lands which are vested in any company under this Act, or in any railway company, or of any interest in such lands or any right or privilege affecting such lands. 2. All the provisions of the Railway Act which are appli- cable shall in like manner apply to fixing the amount of and the payment of compensation for damages to lands arising out of the construction or maintenance of the works of the company or the exercise of any of the powers granted to the company under this Act. Sec. 22. All maps, plans and books of reference showing any lands necessary to be acquired under the provisions of this Act, by any person or company for right of way or for any purpose in connection with the construction and maintenance of their works must be signed and certified correct by a duly qualified Dominion land surveyor. Such maps, plans, and books of reference shall be forwarded in duplicate to the De- partment of the Interior, and after examination and approval by the proper officer, one copy shall be filed in the Department of the Interior and the other registered by the applicant in the registry office for the land titles district within which the lands affected by such surveys are situated. (58-59 V., c. ZZ> s. 7.) Sec. 21. The minister or such officer as he designates shall, in case of dispute, be the sole arbiter as to the area of land which may be taken by the company without the consent of the owner for any purpose in the construction or maintenance of its works. Sec. 24. Every person who interrupts, molests, or hinders in his work any engineer or Dominion land surveyor engaged in making surveys or levels, or in other operations in connection with any work authorized under this Act, is guilty of an of- iense, and liable on summary conviction to a penalty not ex- ceeding twenty dollars, or to imprisonment for a term not ■exceeding two months, or both. Sec. 25. No company authorized to divert the water of any river, stream, lake or other waters shall divert more water than the quantity actually required for the purpose authorized CONSOLIDATED IRRIGATION ACT. 555 .and any company or officer or employee thereof so doing shall be guilty of an offense punishable on summary conviction by .^ fine not exceeding five dollars per day, or fraction of a day, ior each unit or fraction of a unit of water so diverted. 2. In case of dispute as to the quantity of water diverted, ihe minister may order an inspection of the works of the com- pany by an officer named by him for that purpose; and for the purposes of this section the report and finding of such of- hcer as to the quantity diverted shall be final and conclusive. Sec. 26. Every -person who, without authority, takes or di- \erts any water from any river, stream, lake, or other waters ir from any works authorized under this Act, or who takes or viction to a fine not exceeding five dollars per day or fraction titled to, is guilty of an offense and liable upon summary con- viction to a fine not exceeding five dollars per day or fraction t a day for each unit or fraction of a unit of water improp- erly diverted, or to imprisonment for a term not exceeding thirty days, or to both, and upon indictment to a fine not ex- ' 'ing five dollars per day or fraction of a day for each unit r .ction of a unit of water improperly diverted, or to im- prisonment for a term not exceeding thirty days, or to both. Sec. 27. When any company abandons or ceases to use any waters acquired by it for the purposes for which they were ac- juired, and any charge of such abandonment or ceasing to i^t water is made to the minister, such charge may be in- 1 1'.rcd into by him or by any person or officer appointed by iiin. for that purpose; and the minister shall submit his re- port upon such inquiry to the Governor in Council, and the ■iuvernor in Council may make such order in the premises as e Jeenis just and proper; and if the Governor in Council iiouJd, as he may, by such order declare a forfeiture of the ^ht of the company offending to the use of the water au- Mur zed, the right so ordered or declared to be forfeited shall a-t and determine. Sec. i{8. Any company having the right to the use of water : irrigation or other purposes shall dispose of any surplus Aa'.t.r fiovving in its works which is nut being utilized or used 'T 'he purposes authorized, to any person applying therefor ^jr .rrigation purposes and tendering payment for one month '11 advance at the regular prices. - Persons so applying shall pay an amount equal to the ^ '^t and expense of the works required to convey the surplus it..' It :H- il'; 556 NORTHWEST TERRITORY. water to them, or shall themselves construct such works; and until this is done the delivery of surplus water need not be made. 3. When the necessary works have been constructed and the payment or tender herein provided for has been made, the applicant shall be entitled to the use of so much of the surplus water as such works have the capacity to carry. 4. Nothing in this section shall be construed to give to any person acquiring the right to use surplus water any right to the said surplus water when it is needed by the company for the purposes authorized, or to waste or sell or dispose thereof after being used by him, or shall prevent the original owners from retaking, selling or disposing thereof in the usual or cus- tomary manner after it has been so used as aforesaid. Sec. 20. No company undertaking to sell water conveyed by its works shall, subsequent to the first four years after the cc!:.struction of such works as are necessary to convey the water to the user, discriminate between the users of such water re- jj^arding the price thereof. 2. If from any cause the whole amount of water agreed to be supplied by a company is not available, then each user shall have furnished to him by the company so much water as shall bear to the available water the same proportion as his usual supply bears to the whole amount agreed to be fur- nished. 3. Any company violating these provisions shall be guilty of an otfense against this Act and liable upon summary con- viction to a fine not exceedmg one thousand dollars for each and every such olifense, or to imprisonment for a period not exceeding two months, or to both. Sec. 30. The minister may grant to any company the right to store for irrigation purposes during periods of floods or high water, or during those portions of the year when water is not required for irrigation purposes, any water not being used during such periods. 2. Should there be any works for the carriage of water which are not being utilized to their full capacity by their owner, and which can with advantage be utilized to carry the whole or any portion of the water desired to be stored any portion of the distance it is required to be so carried or conducted, witli- out interfering with the use made of the said works by their owner, then the said works shall be placed at the disposal of CONSOLIDATED IRRIGATION ACT. 557 the company desiring to so use it; and if the parties cannot agree to the compensation to be paid for such service, the min- ister may fix the rate to be paid therefor. Sec. 31. Any person or company constructing any works under the provisions of this Act, shall during such construction keep open for. safe and convenient travel all public highways theretofoj-e publicly traveled as such, when they are crossed by such works, and shall, before water is diverted into, conveyed or stored by any such works extending into or crossing any such highway, construct, to the satisfaction of the minister, a substantial bridge, not less than fourteen feet in breadth, with proper and sufficient approaches thereto, over such works; and every such bridge and the approaches thereto shall be always thereafter maintained by such person or company. Sec. 32. Under this Act the discharge of one cubic foot of water per second shall be the unit of measurement of flowing water, and the cubic foot or acre foot, the unit of measure- ment of quantity. The acre foot is equivalent to forty-three thousand five hundred and sixty cubic feet. Sec. 33. Companies constructing and operating works under this Act shall, on or before the thirty-first day of January in e works are contiguous, to unite and form one ooutpany with a view to providing increased vaier supply and extending their works, when he is satisfied that :£?r £••"=» v:."r t- ~- companies to h' '"P^'^ «"' not be lA- ^ "'"' <'«P^"d- carrying out ^h ""'"" "^'^^ ">e necessarvT'"' ■'"" "■« "« ''-■'« furnThed to'7°"' ""''"'ak ng"^,''":'"-'' "^ns ,„r '° be furnished po^ln'^"^""- '" Counc , Tlr"'"'"^ struct works u,„l. , application for an.l, • ' required -«on of the tilted T ''"'■■ '"" P-^li L ^"'7';^ '" -"■ ''s given in ,1,. "companies and their „ ""= authori- ™^," -cifo.;'' fSr." ""-'"-^ ■" '^-r:?ir;';^ ^'■^"- ^"^ec. ^6. The m • -^PPi'catioa ^^''" may, when hc'ZTms V '""^ ""^ ^P^^ially' author! . u O'ng out of the nr. ^ necessary for the = ^ ^,^^^'^ed by framed under t ^'""^^'^"^ of this Acf or th^ '^'''^^^'ory car- famine such '""''"°" ^^^^'■^ Wm anv n ''^"^^^'^"^ to be "^ -Pers^^d^r-n^rrd^r' ^ "-^1° the^rS^^^^^' "-"« or refusal to ;ife'e^'d °' "'^^^^^^ ^^ obey ':]"'"" .^^^^tmgs demanded f.'^^^^^^"". or to produr-T f ^' '""^■ =^^d may, by v/arr. / "'' '^'^ minister or n ^^^"'"^ or ^^"^t to be L ' ""^^^ his hand orSI u ^'''^" '-^"thor- -mpt of^coun'r"' ". ^^^ --•e^'cot^-.n f'^" ^"■^- tions reouirpri + ''^"s, oaths, so cam ri^^i . ' "'^^s. -- "/:^: "£'^- ™""- rr -r-^ r -^" ^-c. ,8 The 'r ^^^'"^'' aflirmat.on or de '''^"'^^'-"' to be JO. iiie Covernor in c ^t'cJaration. i^^-' deems necessary at anv t "'" ^"^'>- ^ake such .^ survey of the c ^ ^'me to ..ccure ^ , , ''^'^P^ as ^^^--"^Pupoes ">r "' ^^^ ^^-^- uppl' ?"^'^^.^ - P-t.ai f>asms and r^.. • ^^^ site or sifp^ •/ , . ^ location '^'■nun^'ltc rSr^ot """■■ ^'°--V ?„; ray" Lf ''r"'^' 56o NORTHWEST TERRITORY. pose thereof by sale or lease to be tttilized for purposes within the purview of this Act. He may also take such steps as he Ihinks necessary to protect the sources of water supply and to prevent any act likely to diminish or injure the said supply. Sec. 29. The Governor in Council may from time to time authorize the establishing in rivers, streams, lakes, and other waters, water gauges for computing the approximate volume and discharge of waters, the placing of high water marks on rivers and streams, lakes and other waters when in flood, the taking of steps for securing analyses of the water of rivers, 6treams« lakes and other waters, and the adopting of such other measures and proceedings for promoting the beneficial use of water, and for controlling and regulating the diversion and the application thereof as he finds necessary and expedient and as are consistent with the provisions ot this Act. Sec. 40. The Governor in Council may, if in the public in- terest it is at any time deemed advisable so to do, take over and operate or otherwise dispose of the works of any com- pany authorized under this Act: Provided, that compensation shall be paid for such works at their value — such value to be ascertained by reference to the Exchequer Court, or by arbitra- tion, one arbitrator to be appointed by the Governor in Council, the second by the owner of ti>j works to be taken over, and the third by the two so appomted, or in case these cannot agree as to the third arbitrator, by the Exchequer Court— and that in estimating such value the court or the arbitrators may take into account the expenditure of the company and interest on such expenditure, and the value of its property, works and business: Provided also, that no person who at such date is usiiiR- the water of the said works, shall be deprived of the ■quantity of water he is entitled to; Provided further, that in any such case the Governor in Council shall have due regard to the claims to consideration of any persons who have pre- pared or have in course of preparation any land to be supplied with water by the works taken over. Sec. 41. The by-laws and regulations of companies operat- ing under this Act shall not contain anything contrary to the true intent and meaning of this Act, and shall be subject to re- vision and approval by the Governor in Council; and no tariff of charges for water furnished by any company shall come into operation until it has been approved by the Governor in Council. CONSOLIDATED IRRIGATION ACT. 561 Sec. 42. Any company authorized under this Act may is- sue bonds, debentures or other securities to the amount of it* subscribed capital, or double the amount of its paid-up capital, whichever is the smaller amount.* Sec. 43. Any company authorized under this Act may ac- quire land by purchase or lease for improvement by irrigation, and shall dispose thereof within fifteen years after its acquisi- tion, otherwise such land shall revert to the Crown.* Sec. 44. Any company authorized under this Act may for the purposes of its undertaking construct ur acquire electric telegraph and telephone lines or any other contrivances for the transmission of messages through or along wires, rods, tubes or other appliances, and may acquire any land necessary for the construction 'and operation of such lines or contrivances, and the lands necessary to be taken and acquired for this purpose may be acquired under the provisions of section twenty-one of this Act. Sec. 45. The Governor in Council may — Define the manner in which the measure of water shall be arrived at. Define the duty of water according to locality and soil. Define the portion of the year during which water shall be supplied for irrigation. Fix the license fee or charge to be paid by companies ap- plying for registration of water rights or for authority to en- gage in irrigation or other works under this Act — which fees or charges may be varied acording to the capital employed or volume of water diverted. Regulate the extent of diversion from rivers, streams, lakes, ur other waters. Kegulate the passage of logs, timber and other products of the forests through or over an^' dams or other works erected in rivers, streams, lakes and other water under the authority of this Act. Regulate from time to time the water rates which may be charged by companies, and the publication uf taritYs of rates. Prescribe forms to be used in proceedings under this Act. C*N. B. The provisions of these two sections, 42 and 43, do not apply to any irrigation district incorporated under an Ordinance of che Northwest Territories. Vide sec. 8 of 58-59 \'., c. ;^;. quoted in note 2, to this consoliLJativ)!!. j .See piiRt- 543. :6 i 1* ^1 1 i ^i:|l ':M,r_V m l!s!:j 56a NORTHWEST TERRITORY. Impose penalties for violations of any regulation made under the authority ot this Act, — which penalties shall in no case exceed a fine of two hundred dollars or three months' im- prisonment, or both. Regulate the manner in which water is to be supplied to persons entitled thereto, whether continuously or at stated in- tervals, or under both systems. Authorize some person or officer, whose decision shall be final and without appeal, to decide in cases of dispute as to what constitutes surplus water as mentioned in this Act. Make such orders as are deemed necessary, from time to time, to carry out the provisions of this Act according to their true intent^ or to meet any cases which arise and for which no provision is made in this Act; and further, make any regula- tions which are considered necessary to give the provisions of this Act full eilfect. Sec. 46. All regulations made and forms prescribed by the Governor in Council under this Act shall be published in the Canada Gazette and shall be laid before both Houses of Parlia- ment within the first fifteen days of the session next after the date thereof. Sec. 47. Any companies already formed to promote irriga- tion shall be subject to all the provisions of this Act, except so far as the powers mentioned in section forty-two of this Act are concerned. PART X, UNITED STATES AND CANADIAN LAWS PROHIBITING ALIEN LABOR CONTRACTS. ■^ IMAGE EVALUATION TEST TARGET (MT-3) ^O ^ >*!-% <" 1.0 I.I ■a 121 111 ■50 ""^^" HfflfllK 2.2 1.8 1-25 1 1.4 1.6 - « 6" ► *v *^ .^^'"^ r^ Photographic Sciences Corporation 23 V^IST MAIN STRUST (716) S7i-«a03 PART 10. SUl to CANADIAN LAWS RESTRICTING IMPORTATIONS AND EMPLOYMENT OF ALIENS. Act of fl8 June, i8gi7. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Sec. I. From and after the passing of this Act it shall be un- lawful for any person, company, partnership or corporation in any manner to prepay the transportation, or in any way to assist or encourage the importation or immigration of any alien or foreigner into Canada, under contract or agreement, parole or special, express or implied, made previous to the im- portation or immigration of such alien or foreigner, to perform labor or service of any kind in Canada. Sec. 2. All contracts or agreements, express or implied, parole or special, hereafter made by and between any person, company, partnership or corporation, and any alien or foreigner, to perform labor or service, or having reference to the perform- ance of labor or service by any person in Canada, previous to the ir^.migration or importation of the person whose labor or service is contracted for into Canada, shall be void and of no effect. Sec. 3. For every violation of any of the provisions of sec- tion one of this Act, the person, partnership, company or cor- poration violating it by knowingly assisting, encouraging or aoliciting the immigration or importation of any alien or for- eigner into Canada, to perform labor or service of any kind under contract or agreement, express or implied, parole or spe- cial, with such alien or foreigner previous to his becoming a resident in or a citizen of Canada, shall forfeit and pay the sum of one thousand dollars, which may be sued for and recovered by Her Majesty's Attorney-General of Canada or the person duly authorized thereto by him, as debts of like amount are now recovered in any competent court in Canada, the proceeds to be paid into the hands of the Receiver-General ; and separate I. (564) ALIEN LABOR LAWS. S6$ suits may be brought for each alien or foreigner who is a party to such contract or agreement. Sec. 4. The master of any vessel who knowingly brings into Canada on such vessel and lands or permits to be landed from any foreign port or place any alien, laborer, mechanic or ar- tisan who, previous to embarkation on such vessel had en- tered into contract or agreement, parole or special, express or implied, to perform labor or service in Canada, shall be deemed guilty of an indictable offense and on conviction thereof shall be punished by a fine of not more than five hundred dollar* for each alien, laborer, mechanic or artisan so brought or landed, and may also be imprisoned for a term not exceeding six months. Sec. s. Nothing in this Act shall be so construed as to pre- vent any citizen or subject of any foreign country, temporarily residing in Canada, either in private or official capacity from engaging, under contracts or otherwise, persons not residents or citizens of Canada, to act as private secretaries, servants or domestics for such foreigner temporarily residing in Canada; nor shall this Act be so construed as to prevent any person^ partnership or corporation from engaging, tmder contract or agreement, skilled workmen in foreign countries to peHorm labor in Canada in or upon any new industry not at present established in Canada, provided that skilled labor for that pur^ pose cannot be otherwise obtained; nor shall the provisions of this Act apply to professional actors, artists, lecturers, or sing> ers, or to persons employed strictly as personal or domestic servants: Provided, that nothing in this Act shall be construed as prohibiting any person from assisting any member of his family or any relative or personal friend, to migrate from any foreign country to Canada for the purpose of settlement here. Sec. 6. The Attorney-General of Canada, in case he shall be- satisfied that an immigrant has been allowed to land in Canada contrary to the prohibition of this Act may cause such immi- grant, within the period of one year after landing or entry, to be taken into custody and returned to the country whence he- came at the expense of the owner of the importing vessel, or» if he entered from an adjoining country, at the expense of thft^ person previously contracting for the services. Sec. 7. The Receiver-General may pay to any informer who- furnishes original information that the law has been violated such a share of the penalties recovered as he deems reasonable S66 UNITED STATES AND CANADA. «nd just, not exceeding fifty per cent., where it appears that the recovery was had in consequence of the information thus fur- oiished. Sec. 8. No proceedings under this Act or prosecutions for -violations thereof, shall be instituted without the consent of the Attorney-General of Canada or some person duly authorized by Slim. Sec. 9. This Act shall apply only to such foreign countries 4is have enacted and retained in force, or as enact and retain in force, laws or ordinances applying to Canada of a character ^similar to this Act. UNITED STATES LAWS RESTRICTING IMPORTATION AND EMPLOYMENT OF ALIENS. An Act to prohibit the importation and migration of for- eigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of ^Columbia. Act of February a6, 1895 ^^^ March 3rd, 1891. Be it enacted, ^c. That from and after the passage of this Act it shall be unlawful for any person, company, partnership or corporation, in any manner whatsoever, to prepay the transportation, or in «ny way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United :States, its Territories, or the District of Columbia, under con- ttract or agreement, parol or special, express or implied, made -previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any Scind in the United States, its Territories, or the District of Columbia. Sec. 2. That all contracts or agreements, express or implied, parol or special, which may hereafter be made by and between -any person, company, partnership or corporation, and any for- eigner or foreigners, alien or aliens, to perform labor or service or having reference to the performance of labor or service by . any person in the United States, its Territories, or the District of Columbia previous to the migration or importation of the ^■person or persons whose labor or service is contracted for into 4he United States, shall be utterly void .and of no effect. s6 jFebruary, 1895. ALIEN LABOR LAWS. S67 Sec. 3. That for every violation of any of the provisions of section one of this Act the person, partnership, company, or corporation violating the same, by knowingly assisting, encour* aging, or soliciting the migration or importation of any alien or aliens, foreigner or foreigners, into the United States, its Territories, or the District of Columbia, to perform labor or service of any kind under contract or agreement express or im- plied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becoming residents or citizens of the United States, shall forieit and pay for every such offense the sum of one thousand dollars, which may be sued for and re- covered by the United States or by any person who shall first bring his action therefor including any such alien or foreigner who may be a party to any such contract or agreement, at debts of like amount are now recovered in the circuit courts of the United States; the proceeds to be paid into the Treasury of the United States; and separate suits may be brought for each alien or foreigner being a party to such contract or agreement aforesaid. >*id it shall be the duty of the district attorney of the proper district to prosecute every such suit at the expense of the United States. 19 Oct., 1888. Sec. 4. That the master of any vessel who shall know- ingly bring within the United States on any such vessel, and land, or permit to be landed, from any foreign port or place, any alien, laborer, mechanic, or artisan who, previous to em- barkation on such vessel, had entered into contract or agree- ment, parol or special, express or implied, to perform labor or service in the United States, shall be deemed guilty of a mis- demeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dollars and for each and every such alien laborer, mechanic, or artisan so brought as aforesaid, and may also be imprisoned for a term not exceeding six months. Sec. 5. That nothing in this Act shall be so construed as to prevent any citizen or subject of any foreign country tempora- rily residing in the United States, either in private or official capacity, from engaging, under contract or otherwise, persons not residents or citizens of the United States to act as pri- vate secretaries, servants, or domestics for such foreigner tem- porarily residing in the United States as aforesaid. Nor shall this Act be so conjtrued' as to prevent any persoil» 568 UNITED STATES AND CANADA. or persons, partnership, or corporation from engaging, under contract or agreement, skilled workmen in foreign countries to perform labor in the United States in or upon any new indus- try not at present established in the United States. Provided. That skilled labor for that purpose can not be otherwise obtained; nor shall the provisions of this Act apply to professional actors, artists, lecturers, or singers, nor to per- sons employed strictly as personal or domestic servants. Provided, That nothing in this Act shall be construed as prohibiting any individual from assisting any member of his family to migrate from any foreign country to the United States, for the purpose of settlement here nor to ministers of any religious denomination, nor persons belonging to any rec- ognized profession, nor professors for colleges and seminaries. 3 March, iSgi. Sec. 6. That all laws or parts of laws conflicting herewith be, and the same are hereby, repealed. a6 February, 1885. ^f. PART XI. STATISTICS AND OFFICIAL REPORTS OF THE YUKON GOLD FIELDS. PART II. STATISTICS AND OFFICIAL REPORTS OF THE YU- KON GOLD FIELDS. The first people from civilization to enter the Yukon country were the traders for the Hudson's Bay Company. In the year 1840 Mr. Campbell was commissioned by Sir George Simpson 10 explore the Upper Liard and to cross the height-oMand in «earch of any river flowing to the westward. After ascending the river to its head-waters he struck across to the head of the •Pelly River, thence down the Felly to the confluence of the Lewes, at which point he turned back, his men having be- come discouraged by the stories of the Wood Indians encamped there, who represented that the lower portion of the river was inhabited by a large tribe of cannibals. In 1847 Fort Yukon was established at the mouth of the Porcupine by Mr. A. H. Murray, another member of the Hudson's Bay Company. In 1848 Campbell established Fort Selkirk at the confluence of the Pelly and Lewes Rivers; it was plundered and destroyed in 1852 by the Coast Indians, and only the ruins now exist of what was at one time the most important post of the Hudson's Bay Company to the west of the Rocky Mountains in the far north. In i86q the Hudson's Bay Company's ofiicer was ex- pelled from Fort Yukon by the United States Government, they having ascertained by astronomical observations that the post was not located in British Territory. The officer there- upon ascended the Porcupine to a point which was supposed to be within British jurisdiction, where he established Ram- part House; but in 1890 Mr. J. H. Turner of the United States Coast Survey found it to be twenty miles within the lines of the United States. Consequently in 1891 the post was moved twenty miles further up the river to be within British Territory. The next people to enter the country for trading purposes were Messrs. Harper and McQuestion. They have been trad- ing in the country since 1873 and have occupied numerous posts all along the river, the greater number of which have been abandoned. Mr. Harper is now located as a trader at Fort Sel- icirk, and Mr. McQuestion is in the employ of the Alaska Com- <57o) ^ GENERAL INFORMATION. 571 mercial Company at Circle City, which is the distributing point for the vast regions surrounding Birch Creek, Alaska. In i88a A number of miners entered the Yukon country by the Taiya Pass; it is still the only route used to any extent by the miners, and is shorter than the other passes though not the lowest. In 1883 Lieutenant Schwatka crossed this same pass and descended the Lewes and Yukon Rivers to the ocean. The history of the Yukon District within recent years will be best described by the following extract from the annual re* port of the Deputy of the Minister of the Interior for the year 1895 :- "In the year 1887 the Hon. Thomas White, then Minister of the Interior, authorized the organization of an expedition hav* ing for its object the exploration of that region of the North* west Territories of Canada which is drained by the Yukon River. The work was intrusted to Dr. George Mr. Dawson, now the Director of the Geological Survey, and Mr. Wm. Ogil* vie, the well-known explorer and surveyor. Dr. Dawson de- voted the whole of that season, and Mr. Ogilvie a period cover- ing nearly two years, to obtaining geological, topographical, and general information, chiefly respecting the tract of country lying adjacent to the 141st meridian of longitude, which by the Treaty of St. Petersburg is designated as the boundary line from the neighborhood of Mount St. Elias to the Arctic Ocean between Alaska and the adjoining possessions of the British Crown which now form part of the Northwest Terri* tories of Canada. "As it appears quite certain, from the report made by Mr. Ogilvie on his return to Ottawa in 1889, and from the report of Mr. Constantine, that the operations of the miners are being conducted upon streams which have their sources in the United States Territory of Alaska, and flow into Canada on their way to join the Yukon, and as doubtless some of the placer diggings under development are situated on the United States side of the boundary, it is highly desirable, both for the purpose of settling definitely to which country any land occu* pied for mining or other purposes actually belongs, and in or- der that the jurisdiction of the courts and officers of the United States and Canada, for both civil and criminal purposes, may be established, that the determination of the 141st meridian west of Greenwich from the point of its intersection with the Yukon, OFFICIAL STATISTICS. at marked by Mr. Ogilvie in 1887-88, for a considerable dis- tance iouth of the river, and possibly also for some distance to the north, should be proceeded with at once. Mr. U^ilvie's instructions require him to go on with the survey with all con- venient speed, but in order that this work may be effective for the accomplishment of the object in view the co-operation of the Government of the United States is necessary. Correspond- ence is in progress through the proper authorities with a view to obtain this co-operation. It may be mentioned that a United States surveyor has also determined the points at which the Yukon Kiver and Forty Mile Creek are intersected by the 141st meridian." MR. OGILVIE'S EXPLORATION, 1887. EXTRACTS FROM HIS DESCRIPTION OF THE YUKON, ITS AFFLUENT STREAMS, AND THE ADJA- CENT COUNTRY. For the purpose of navigation a description of the Lewes River begins at the head of Lake Bennett. Aoove that point, and between it and Lake Lindeman, there is only about three- quarters of a mile of river, which is not more than fifty or sixty yards wide, and two or three feet deep, and is so swift and rough that navigation is out of the question. Lake Lindeman is about five miles long and half a mile wide. It is deep enough for all ordinary purposes. Lake Ben- nett* is twenty-six and a quarter miles long, for the upper fourteen of which it is about half a mile wide. About midway in its length an arm comes in from the west, which Schwatka appears to have mistaken for a river, and named Wheaton River. This arm is wider than the other arm down to that point, and is reported by Indians to be longer and heading in a glacier which lies in the pass at the head of Chilkoot Inlet. This arm is, as far as seen, surrounded by high mountains. * A small saw-mill has been erected at the head of Lake Bennett, for boat building. Last year the ice broke up in the lake on the lath of June, but this season is earlier and the boats are expected to go down the lake about the ist of June. GENERAL INFORMATION. S7J apparently much higher than those on the arm we traveled down. Below the junction of the two arms the lake is about one and a half miles wide, with deep water. Above the forks the water of the east branch is muddy. This is caused by the streams from the numerous glaciers on the head of the tribu* taries of Lake Lindeman. A stream which flows into Lake Bennett at the southwest corner is also very dirty, and has shoaled quite a large portion of the lake at its mouth. The beach at the lower end of this lake is comparatively flat and the water shoal. A deep, wide valley extends northwards from the north end of the lake, ap* parently reaching to the canyon, or a short distance above it. This may have been originally a course for the waters of the river. The bottom of the valley is wide and sandy, and covered Mi'ith scrubby timber, principally poplar and pitch-pine. The waters of the lake empty at the extreme northeast angle through a channel not more than one hundred yards wide, which soon «x|iands into what Schwatka called Lake Nares.* Through this narrow channel there is quite a current, and more than se\en feet of water, as a six-foot paddle and a foot of arm added to its length did not reach the bottom. The hills at the upper end of Lake Lindeman rise abruptly from the water's edge. At the lower end they are neither so steep nor so high. Lake Nares is only two and a half miles long, and its great- est width is about a mile; it is not deep but is navigable for boats drawing 5 or 6 feet of water; it is separated from Lake Bennett by a shallow sandy point of not more than two hun* dred yards in length. No streams of any consequence empty into either of these lakes. A small river flows into Lake Bennett on the west side, a short distance north of the fork, and another at the extreme northwest angle, but neither of them is of any consequence in a navigable sense. Lake Nares flows through a narrow curved channel into Bove Lake (Schwatka). This channel is not more than 600 or 700 yards long, and the water in it appears to be sufficiently deep for boats that could navigate the lake. The land between the lakes along this channel is low, swampy, and covered with *The connecting waters between Lake Bennett and Tagish Lake constitute what is now called Caribou Crossing. S74 OFFICIAL STATISTICS. willows, and, at the stage in which I saw it, did not rise more than 3 feet above the water. The hills on the southwest side slope up easily, and are not high; on the north side the deep valley already referred to borders it; and on the east side the mountains rise abruptly from the lake shore. Bove Lake (called Tagish Lake by Dr. Dawson) is about a mile wide for the first two miles of its length, when it is joined by what the miners have called the Windy Arm. One of the Tagish Indians informed me they called it Takone Lake. Here the lake expands to a width of about two miles for a distance of some three miles, when it suddenly narrows to about half a mile for a distance of a little over a mile, after which it widens again to about a mile and a half or more. Ten miles frbm the head of the lake it is joined by the Taku Arm from the south. This arm must be of considerable length, as it can be seen for a long distance, and its valley can be traced through the mountains much farther than the lake itself can be seen. It is apparently over a mile wide at its mouth or junction. Dr. Dawson includes Bove Lake and these two arms under the common name of Tagish Lake. This is much more simple and comprehensive than the various names given them by travelers. These waters collectively are the fishing and hunt* ing grounds of the Tagish Indians, and as they are really one body, there is no reason why they should not all be included under one name. From the junction with the Taku Arm to the north end of the lake the distance is about six miles, the greater part being over two miles wide. The west side is very flat and shallow, so much so that it was impossible in many places to get our canoes to the shore, and quite a distance out in the lake there was not more than 5 feet of water. Where the river debouches from it, it is about 150 yards- wide, and for a short distance not more than s or 6 feet deep. The depth is, however, soon increased to 10 feet or more, and so continues down to what Schwatka calls Marsh Lake. Marsh Lake is a little over nineteen miles long, and averages- about two miles in width. I tried to determine the width of it as I went along with my survey, by taking azimuths of points on the eastern shore from different stations of the survey; but in only one case did I succeed, as there were no prominenir GENERAL INFORMATION. S7» marks on that shore which could he identified from more tha» one place. The piece of river connecting Tagish and Marsh Lakes is about five miles long, and averages 150 to aoo yard» in width, and, as already mentioned, is deep, except for a short distance at the head. The Lewes River, where it leaves Marsh Lake, is about aoo* yards wide, and averages this width as far as the canyon. I did not anywhere find bottom less than six feet of water at medium height, at which stage it appeared to me the river was at that time. From the head of Lake Bennett to the canyon the corrected distance is ninety-five miles, all of which 'n. .> *vigable for boat* drawing 5 feet or more. Add to this the wesit ly arm of Lake Bennett, and the Takone or Windy Arm of T«igish Lake, each about fifteen miles in length, and the Ta) u Ai^n of the latter lake, of unknown length, but probably not less than thirty miles, and we have a stretch of water of upwards of one hun- dred mi^c^ in length, all easily navigable, and easily connected v^th Taiya Inlet through the White Pass. No streams of any importance enter any of these lal: ing post ever built by white men in the district. This post was established by Robert Campbell, for the Hudson's Bay Company, in the summer of 1848. Mr. Campbell's first visit to the site of Fort Selkirk was made in 1840, under instructions from Sir George Simpson, then Governor of the Hudson's Bay Company. He crossed from the head waters of the Laird to the waters of the Pelly. It appears the Pelly, where he struck it, was a stream of con- siderable size, for he speaks of its appearance when he first saw it from "Pelly Banks," the name given the bank from which he first beheld it, as a "splendid river in the distance." In June, 1843, he descended the Pelly to its confluence with the larger stream, which he named the "Lewes." It was not until S8a OFFICIAL STATISTICS. 1850 that he could establish, what he says he all along believed, "that the Telly and Yukon were identical." This he did by descending the river to where the Porcupine joins it, and where in 1847 Fort Yukon was established by Mr. A. H. Murray for the Hudson's Bay Company. Nothing was ever done in the vicinity of Fort Selkirk by the Hudson's Bay Company, and in 1869 the Company was or- dered by Capt. Charles W. Raymond, who represented the United States Government, to evacuate the post at Fort Yukon, he having found that it was west of the 141st meridian. The post was occupied by the Company, however, for some time after the receipt of this order and until Rampart House was built, which was intended to be on British territory, and to take the trade previously done at Fort Yukon. On many maps of Alaska a place named "Reed's House" is shown on or near the upper waters of Stewart River. There is a small lake at some distance in a northerly direction from Fort Selkirk, where fish were procured. A sort of shelter had been made at that point for the fishermen, and a few furs might have been obtained there, but it was never regarded as a trading post. Below Fort Selkirk, the Yukon River is from five to six hundred yards broad, and maintains this width down to White River, a distance of ninety-six miles. Islands are numerous, so much so that there are very few parts of the river where there are not one or more in sight. Many of them are of considerable size, and nearly all are well timbered. Bars are also numerous, but almost all are composed of gravel, so that navigators will not have to complain of shifting sand bars. The current as a general thing is not so rapid as in the upper part of the river, averaging about four miles per hour. The depth in the main channel was always found to be more than six feet. From Pelly River to within twelve miles of White River the general course of the river is a little north of west; it then turns to the north, and the general course aa far as the site of Fort Reliance is due north. White River enters the main river from the west. At the mouth it is about two hundred yards wide, but a great part of it is filled with ever-shifting sand-bars, the main volume of water being confined to a channel not more than one hundred yards in width. The current is very strong, certainly not less than GENERAL INFORMATION. 583 eight miles per hour. The color of the water bears witness to this, as it is much the muddiest that I have ever seen.* Between White and Stewart Rivers, ten miles, the river spreads out to a mile and upwards in width, and is a maze of islands and bars. The survey was carried down the easterly shore; many of the channels barely alTorded water enough to float the canoes. The main channel is along the westerly shore, down which the large boat went, and the crew reported plenty of water. Stewart River enters from the east in the middle of a wide valley, with low hills on both sides, rising on the north side in steps or terraces to distant hills of considerable height. The river half A mile or so above the mouth, is two hundred yards in width. The current is slack and the water shallow and clear, but dark colored. From Stewart River to the site of Fort Reliance, seventy- three and a quarter miles, the Yukon is broad and full of is- lands. The average width is between a half and three-quarters of a mile, but there are many expansions where it is over a mile in breadth; however, in these places it can not be said that the waterway is wider than at other parts of the river, the islands being so large and numerous. In this reach no streams of any importance enter. About thirteen miles below Stewart River a large valley joins that of the river, but the stream occupying it is only a large creek. This agrees in position with what has been called Sixty Mile Creek, which was supposed to be about that dis- tance above Fort Reliance, but it does not agree with descrip- tions which I received of it; moreover as Sixty Mile Creek is known to be a stream of considerable length, this creek would not answer its description. Twenty-two and a half miles from Stewart River another and larger creek enters from the same side; it agrees with the de- scriptions of Sixty Mile Creek, and I have so marked it on my •The White River very probably flows over volcanic de- posits as its sediments would indicate; no doubt this would account for the discoloration of its waters. The volcanic ash appears to cover a great extent of the Upper Yukon basin drained by the Lewes and Pelly Rivers. 584 OFFICIAL STATISTICS. map. This stream is of no importance, except for what min- eral wealth may be found on it.* Six and a half miles above Fort Reliance the Thron-Diucki- River of the Indians (Deer River of Schwatka) enters from the *Sixty Mile Creek is about one hundred miles long, very crooked, with a swift current and many rapids, and is therefore not easy to ascend. Miller, Glacier, Gold, Little Gold, and Bedrock Creeks are all tributaries of Sixty Mile. Some of the richest discoveries in gold so far made in the interior since 1894 have been upon these creeks, especially has this been the case upon the two first mentioned. There is a claim upon Miller Creek owned by Joseph Boudreau from which over $100,000 worth of gold is said to have been taken out. Freight for the mines is taken up Forty Mile Creek in sum- mer for a distance of thirty miles, then portaged across to the heads of Miller and Glacier Creeks. In the winter it is hauled in by dogs. The trip from Cudahy to the post at the mouth of Sixty Mile River is made by ascending Forty Mile River a small dis- tance, making a short portage to Sixty Mile River and running down with its swift . current. ' Coming back on the Yukon, nearly the whole of the round trip is made down stream. Indian Creek enters the Yukon from the east about thirty miles below Sixty Mile. It is reported to be rich in gold, but owing to the scarcity of supplies its development has been re- tarded. At the mouth of Sixty Mile Creek a town site of that name is located, it is the headquarters for upwards of one hundred miners and where they more or less assemble in the winter months. Messrs. Harper & Co. have a trading post and a saw-mill on an island at the mouth of the creek, both of which are in charge of Mr. J. Leduc, one of the partners of the firm, and who was at one time in the employ of the Alaska Commercial Company. t Dawson City is situated at the mouth of the Thron-Diuck, and although it was located only a few months agb, it is the scene of great activity. Very rich deposits of gold have been lately found on Bonanza Creek and other affluents of the Thron- Diuck. GENE5AL INFORMATION nail ^ . 58s east 1. • '^"'"RMATION «d'.h,„",* ■"•" river ,b„„., 5«i Hiver enter* /..«-!:/ ** ***^ow Fort R-i:- •wee lookiae ' if''' " *'''« ""i can bT,.. '^." ""' «"«■■■ B«we«."|.o'^«J~';«<' fro- the „':r" '" " ">■" <«- Msume, it, norm.i "" »"<" *'o«y M«r»- W. but wa, e,«^.J:,T'"- This ,'^07?' ,"""*• •"" "■' Forty Mile RiyTZkV"" "" '""«" « forty tl'^"-''" ■""" Forty Mile Rw"*^^ '." '«'««• '^' '""" """cj, ,he general coarse .. 7 ' ' "" "am river f™ ported by the mi„e« .„ ^''' '' ^^"thwest; aftfr .h '^: * ^•«- to have a^r^^j J . '° "»" nearer so,,fi, \?^ '^'« 't is re- and srea;^'ont1h'r: ""^" '^ ^or? San^^V' i'*'" ^^^^ that distance t ha! ^\^"^'*^ * We riv^ tk ""'^'"^ ""«^»» country adioinl • '^""^^^ ^he level Tf tl.* ?*^ '^^ '*«» at v-y lil^tie ibo'^^^i ''^^ ^--be at^ flat an'd"''''*"' ^"^ *^* *o the Tanana Ri "'''''• ^* '« only a ' h^ ^^^^P^' "«»» ^-e descS t T' '"^' ''^^"tajof T^yT''''' *-°»* thre* miles of F^l ^'"'Portant stream ^ , ^°°-^b»ch i» yards wide at thl /*"* hundred to on! t . •Forty Mile t """' '^'"' •"<• Fo«y Mile Rte 7."i'"' '= .""«•«) o„ ,h. ,„„., .^ • '" '""O'ion with the yIicoT °' "■« SS6 OFFICIAL STATISTICS. on the north side there is plenty of room to walk along the beach. At the lower end of the canyon there is a short turn and swift water in which are some large rocks; these can not gen- erally be seen, and there is much danger of striking them run- ning down in a boat. At this point several miners have been drowned by their boats being upset in collision with these rocks. It is no great distance to either shore and one would think an ordinary swimmer would have no difficulty in reach- ing land; but the coldness of the water soon benumbs a man completely and renders him powerless. The length of the so-called canyon is about a mile. Above it the river up to the boundary is generally smooth, with swift current and an occasional ripple. The amount of water dis- charged by this stream is considerable; but there is no pros- pect of navigation, it being so swift and broken by small rapids. From Forty Mile River to the boundary the Yukon pre- serves the same general character as between Fort Reliance and Forty Mile, the greatest width being about half a mile and the least about a quarter. Fifteen miles below Forty Mile River a large mass of rock stands on the east bank. This was named by Schwatka "Ro- quette Rock." but is known to the traders as Old Woman Rock, a similar mass, on the west side of the river, being known as Old Man Rock. Between Forty Mile River and the boundary line no stream of any size joins the Yukon; in fact, there is only one stream, which some of the miners have named Sheep Creek, but as there is another stream further down the river, called by the same name, I have named it Coal Creek. It is five miles be- low Forty Mile, and comes in from the east, and is a large creek, but not at all navigable. On it some extensive coal seams were seen. METALS FOUND ON THE RIVER. About two miles up Forty Mile River there are large ex- posures of a white and a gray limestone, containing many thin seams and pockets of galena. One of the seams as seen on the bank is of considerable extent, but as to its length there ^s no evidence, as it is all covered with drift. Two specimens were sent out and have been assayed by Mr. G. C. Hoffman, of the Geological Survey, with the following result: Specimen marked II, from Forty Mile, about two and one-half miles up, con- tains hnnc site 1 Fort four GENERAL INFORMATION. ta'n«: gold, a dl«tln<^ ♦ ^ Specimen marked I fr«« ?^ Pounda. "^ "' -. *. .,«H Of Th;„X"cn,t"''.t' ^-i:''- «-«. oppo. , " /'•'■•nee, contain.: eoM . . ' "*"•"' «« milei ,bm« "specimen marked IV from « near Chandi„du River. te„o"^ Z^\ ^'**'°" '^^^ o^ survey or -ince. contains: Rold a . *'^*^''* "»"«» below Fort p u the order of their ».I« tLIT""^ *« '«•«!■"«« found 7« -p son,. ,„„ Chth^Tron"'.?:"-'/'"'."' <■-"' «" pci::? »-ic. .„ th,. i '„rr".« r "r"'" "» '"^^ h.«h tc "^^ could be lea™*^. '^o '"«'- detail, regarding ,h", ^f. "^n extensive ledge of »oM k • OFFICIAL STATISTICS. !i US along the lakes and river as we descended, but with the ex- ception of the colors mentioned at the quarts ledge on Lake Bennett, none was found until after we had passed Lake Le- Barge, about six miles below which, at a sharp, short bend in the river, we found in a bar many colors to the pan. It may be said generally that colors are found anywhere on the river between that point and the boundary, and also on the tribu- taries which have been prospected. It is probable that we have not less than 1,400 miles of stream in our part of the district, upon all of which gold can be found. About eighteen miles below the Teslintoo I saw the first place that had been worked for gold. Here a hut had been erected, and there were indications that a party had wintered there. Between it and Big Salmon River, six other locations were met with. One of them, named Cassiar Bar, was worked in the season of 1886, by a party of four, who took out $6,000 in thirty days. They were working there when I passed in 1887, but stated that all they could get that season was about $10 per day, and that it was then (3rd August) about worked out. At the time of my visit they were trying the bank, but found the ground frozen at a depth of about three feet, though there was no timber or moss on it. They had recourse to fire to thaw out the ground, but found this slow work. From Mr. T. Boswell, who had prospected the Teslintoo, or Newberry River, in the summer of 1887, 1 learned that the whole length of that river yielded fine gold, generally at the rate of $8 to $10 per day. Stewart River was the first in the district on which mining to any extent was done. In 1886 there were quite a number of miners on it engaged in washing gold and they all appear to have done fairly well. The only mining done on Stewart River was on the bars in the river; the bench and bank bars were all timbered and frozen, so that to work them would entail a resort to hydraulic mining, for which there was no machinery in the country. During the fall of 1886, three or four miners combined and got the owners of the "New Racket" steamboat to allow the use of her engines to work pumps for sluicing with. The boat was hauled up on a bar, her engines detached from the wheels, and made to drive a set of pumps manufactured on the ground, GENERAL INFORMATION. 589 which supplied water for a set of sluicing boxes. With this crude machinery, in less than a month, the miners cleared $1,000 each, and paid an equal amount to the owners of the l)oat as their share. Alexander McDonald reported to me that the gold on the upper river was somewhat coarser than that on the lower, but not enough so as to be called "coarse gold.** He seemed to be satisfied with the result of his season's prospecting, and in* tended spending the next season there. Many of the miners who had spent 1886 on Stewart River, and 1887 on Forty Mile River, seemed to think the former the better all round mining field, as there were no such failures there as on Forty Mile, and they declared their intention to make their way back to the Stewart for the season of 1888. Forty Mile River is the only river in the dictrict on which, up to the fall of 1888, coarse gold had been found. The miners term Forty Mile a "bed-rock" creek— that is, one in the bed of which there is little or no drift, or detrital matter, the bottom of the river being bed-rock. In many places this rock had been scraped with knives by the miners, in order to gather the small amount of detritus and its accompanying gold. Very little of the gold on this creek was found in Canadian territory, the coarsest gold being found well up the river. The river had been prospected in 1887 for upwards of one hundred miles, and gold found all the way up. The great point with a miner is to find where the gold comes from. To do this he has to reach a point on the river where there is none; then he knows he has passed the source, and will search in side valleys ind gulches. The theory seems to be that the gold is stored up somewhere and dribbled out along the river. Pieces of gold-bearing quartz had frequently been picked up along the river in shallow drift. Near the mouth of the river there is an extensive flat of detrital matter through v/hich a couple of small creeks flow. This is all said to be gold-bearing, and, it was thought, would pay well for sluicing. Big and Little Salmon Rivers have also been prospected, with the usual result that more or less gold has been found everywhere. I think it may, with confidence, be asserted that rich fields will yet be made of both coarse gold and gold-bearing quartz. m 590 OFFICIAL STATISTICS. : ; !! i! It is not likely in the nature of things that such a vast extent of country should have all its fine gold deposited as sediment, brought from a distance in past ages of the world's develop- ment. If this is not the case, the matrix from which all the gold on these streams has come, must still exist, in part at least, and will no doubt be discovered. There are many hank and bench bars along the river which would pay well if sluiced, but there is no convenient or eco- nomical way of getting water on them, and there is no pumping machinery as yet in the country. One bank bar of large ex- tent, called Rogers' Bar, just below Old Man Rock, attracted attention in the spring of 1888, and some miners were thinking of getting in an engine and pumps to work it. This bar is more than fifty feet above the water. It fronts on the river for more than two miles, and is in places nearly two miles deep. Platinum is generally found associated with gold. This is particularly the case on Forty Mile River. As very few outside of mining communities understand any- thing of the momenclature of the craft, or of the methods em- ployed to separate the very small quantities of the precious metal from the baser material with which it is associated, a short description will not be out of place. When a miner "strikes" a bar he "prospects" it by washing a few panful s of the gravel or sand of which it is composed. According to the number of "colors" he finds to the pan, that is, the number of specks oi gold he can sec in his pan after all the dirt has been washed out, he judges of its richness. Many of them have had so much experience that they can tell in a few minutes very nearly how much a bar will yield per day to the man. The process of "placer" mining is about as follows: After clearing all the coarse gravel and stone off a patch of ground, the miner lifts a little of the finer gravel or sand in his pan, which is a broad, shallow dish, made of strong sheet iron; he then puts in water enough to fill the pan, and gives it a few rapid whirls and shakes; this tends to bring the gold to the bottom on account of its greater specific gravity. The dish is then shaken and held in such a way that the gravel and sand are gradually washed out, care being taken as the process nears completion to avoid letting out the finer and heavier parts that PRACTICAL MINING METHODS. have settled to th» h«** ^ »' is whatever gold L u "* ^*°*"y *» that is left in ^i, mercury. As soon as th- ij *"^ « pound or ♦«,« r bag is placed i„ a retor. -r t ^^'''"' ^«d what remain! ^u ^""^ » <=^"eong and . ^heif abou' .dwi/r;';"" ••« " ««ed !i.°h r"",!""" lower at i„ 7'°" 'J' "" "s depth, which ■. ,i " ""^''ned a piece o I ' *■ "'' "»" « •» upper A ^ '"«''' '"^h" and when ,? "; T --""""Wins those of 1„ L?'" "«"»■«'<» «>e whole L I " '" P'a«d on two hi l °f'''"a'-y cradle, his cTaii he I V 7""'"' ■■°<='-«i- After the • ° """^ '" ""a ••'ocker™' w i rt„«\''^ "-' -vtient'preV" '-'T" i"= «-.:,: ;':,;•»'' wi'h the""„.Lt\r,ad";t' °"' """'' tte blanket, which itck"-' ''°''' ''"» "'"'"Sh 'he hi """• '"I" of gold, while he J P™8«»s. and holds thei ""*'' "": bottom of Th. K """^ '"<> other matter „ *"' P"" T 593 OFFICIAL STATISTICS. Across the bottom of the box are fixed thin slats, behind which some mercury is placed to catch any particles of gold which may escape the blanket. If the gold is nuggety, the large nug- gets are found in the upper box, their weight detaining them until all the lighter stuff has passed through, and the smaller ones are held by a deeper slat at the outward end of the bottom of the box. The piece of blanket is, at intervals, taken out and rinsed into a barrel; if the gold is fine, mercury is placed at the bottom of the barrel, as already mentioned. Sluicing is always employed when possible. It requires a good supply of water with sufficient head or fall. The process is as follows: Planks are procured and formed into a box of suitable width and depth. Slats are fixed across the bottom of the box at suitable intervals, or shallow holes bored in the bottom in such order that no particle could run along the bottom in a straight line and escape without running over a hole. Sever'- A of these boxes aie then set up with a consider- able slope and are fitted into one another at the ends like a stove-pipe. A stream of water is now directed into the upper end of the highest box. The gravel having been collected, as in the case of the rocker, it is shoveled into the upper box and is washed downwards by the strong current of water. The gold is detained by itS weight, and is held by the slats or in the holes mentioned; if it is fins, mercury is placed behind the si'Kts or in these holes to catch it. In this way about three tinges as much dirt can be washed ar by the rocker, and con- sequently three times as much gold is secured in a given time. After the boxes are done with they are burned, and the ashes washed for the gold held in the wood.* •A great many of the miners spend their time in the summer prospecting and in the winter resort to a method lately adopted and which is called "burning." They makes fires on the sur- face thus thawing the ground until the bed rock is reached, then drift and tunnel; the pay dirt is brought to the surface and heaped in a pile until spring when water can be obtained. The sluice boxes are then set up and the dirt is washed out, thus enabling the miner to work advantageously and profitably the year round. This method has been found very satisfactory in places where the pay streak is at any great depth from the surface. In this way the complaint is overcome which has been GENERAL INFORMATION. T. r\tr% T _ unfortunately on t 593 Assuming that X "' '•>"" <" «hom „=,! "*'°'"' '«S- from Which n« I '*^ ^^''e River ti, ", "*^« ^'00,000 ^ ^^^ "•" i. inquired wa* fk«* i. so commoniv JI~T: — _ ^^ *^^* all several month, of thevl '" *"<• ""••rTrtlT^rir^;;^ there is so liffi- u ?^ degrees below zero T?'- ^* mercury mometers min! *''''" °n the coast I„ ?if .^* *^^ ^^^^ is -'«- v^rt f « '-rth^m":xn'''' ~" from the m5!i, " *^^ shade. Ther^ • *° register one portion of the L ^^^^^"^ doubts in one"! ^'^^"other por- the summer 1 ?^ '" ^'*^^^ ^ase should be ""'"^ ^ ^^° ^hat hours Ts hi K .' '* '■' P°««'ble for a l'^ ^''''" *° «'^«P- In 38 594 OFFICIAL STATISTICS. who worked on the river for any length of time made a "grub stake." Putting this at the lowest value I placed on it, $450, and assuming that two hundred and fifty men made each this sum, we have $112,500 as the amount taken out on this stream. I have heard the sum placed at $130,000. All the gold taken from the other streams by prospectors would not amount to more than a few thousand dollars, so that it is probable the total amount taken out of the whole district is in the vicinity of a quarter of. a million dollars, of which about half was taken out in our territory. I learned that the prevailing high water interfered very much with the success of the miners in the season of 1888, and that many of them left the country in the fall. It is probable, how- ever, that a few will remain prospecting until something rich is found. As Dr. Dawson has reported on the geology of the region along the Lewes, and Mr. McCcnnell has made an examination of the Yukon from Porcupine River, it is needless to do more than refer to their reports. J may briefly state, however, that the whole course of the river in Canada is through a mountain* ous country, the rocks of which, as far as seen, are principally granite, schists, shales, and some li-nestone, the latter at Lake Le Barge. There is also some basalt at the canyon and at the confluence with Pelly River. Just below Coal Creek a range of high mountains comes in from the southeast, and continues down the river past the boundary. These mountains are composed principally of lime- stone, with occasional exposure of shale and sandstone. EXTRACTS FROM MR. OGILVIE'S REPORTS. Cudahy, June asth, 1896. Horses that have been in use here, packing to the mines in the summer and hauling wood in the winter for several years, are still serviceable, notwithstanding that they live only on the coarse grasses of the country. They pack two hundred pounds apiece from Forty Mile River at the mouth of Moore Creek to the mines on Miller Creek (about seventeen and a half or eighteen miles) and climb some very steep, long hills on the way, taking two days with loads and one day without; all theyj get to eat is what they find. Ai- "grub , $450» :h this itream. ;)ector8 }o that district which r much id that E, how- ig rich region lination more er, that >untain> ncipally It Lake 1 at the GENERAL INFORMATION. r /-J 59* '•'lied Bo„a„« c, ' f ""^ ■" «°W Z bL 'T '""' ">« » , The discovery was „„.h . ' * °' *■<"» boen Staged on "f "'"""y «bom twL fcnnH T """'^ »'"« --d i«« branch™ "' '"" ""^ ""k i^ „o, " " t'""" '■«v« """•Ired claims "L' '""''""-d good /or °Lree h """'"«'•• » whicli it hi L ""'" 'hwe arc two l^l hundred or four «» » we'hav°e"'rr^'?«'«' ""' ^ ■- been „!;V wrh'""" *' "'k"' %«; tf J"'" "« "»m.ly, coarse goM and 'T" "« -"araSer of *„*" "-"n^" "' "one with slule b«es ' 1^" "' "' « 'W . „« tf" """• per day can h» "oxes. It ,s claimeH ♦»,«* r ^ '^'^ can »o far.*^ We W^ k *"* "" ground thlth^^""" *'" '» fc«> -- Cree.- - :-^^Bi^^Z b!^»"'';-:t ^-:/-r;^?2. - -a-:? •T"' correct nam. i. t.„. ... . """"-"""-"^ none ''"'" ""'« ""»« " Thron Diuck. S96 OFFICIAL STATISTICS. in i> ' I 1^1 11 were caught near here— and the result is the dog owners here have to use bacon for food, which, at twenty-five to forty cents per pound, is expensive. I would require a team of eight dogs to take my outfit and my man Fawcett with our provisions and the dogs' food as far as Tkiya. There the dogs would have to be abandoned or killed, as they are worthless on the coast, except to parties coming in here early in the season. Starting from here say December ist, it would be February before I reached Ottawa, and during thirty-five or forty days of this time we would be exposed to much cold and hardship and some hazard from storms. The journey has been made, and I would not hesitate to undertake it were things more reasonable here and dog food plentiful, but it would take at least $i,ooo to equip me with transport and outfit, which sum, I think, I can expend more in the interests of the country by remaining here and making a survey of the Klondak of the miners — a mispronunciation of the Indian word or words "Thron-dak" or "diuck," which means plenty of fish, from the fact that it is a famous salmon stream. It is marked Tondak on our maps. It Joins the Yukon from the east, a few miles above the site of Fort Reliance, about fifty miles above here. As I have already intimated, rich placer mines of gold were discovered on the branches of this stream. The discovery, I believe, was due to the reports of In- dians. A white man named George W. Cormack, who worked ^ ith me in i887,was the first to take advantage of the rumors and jocate a claim on the first branch, which was named by the min- ers Bonanza Creek. Cormack located late in August, but had to cut some logs for the mill here to get a few pounds of pro- visions to enable him to begin work on his claim. The fishing at Thron-Diuck having totally failed him, he returned with a few weeks' provisions for himself, his wife and brother-in-law (Indians) and another Indian in the last days of August, and immediately set about working his claim. As he was very short of appliances he could only put together a rather defective appa- ratus to wash the gravel with. The gravel itself he had to carry in a box on his back from thirty to one hundred feet; notwith- standing this the three men working very irregularly washed out $1,300 in eight days, and Cormack asserts with reason that had he had proper facilities it could have been done in two days, besides having several hundred dollars more gold which was lost in the tailings through defective apparatus. GENERAL INFORMATION. ; crt't'h- * ^n tfte same cre^L- ♦. 597 l-ou", ,„d i, i, "«JJ«° men rocked out $„ ,„ ^ "M l4,ooo in t»„ T ^ ""' "»o men !„ ,h. ""»" '™' «"'y. «d a^:™"" """!" ^' °°«S<. haf 1:! 'i-r •"'«'• »"": in all ,he„" ^"""^ """•I Till. Cr«t T"*^ ""«»'«• which have riv" "' !"""« fo"' or five bra^^.""' "'"Pect^l '« good for ab2 ""''""' °° "« mainTLk , St °"* ■••■»• "^« .^ir?^"-X"^^ri j^^^^^^^^^ and o" i' «nd a" rrl '''"''■'«"''■» Creek''^,.^,'*^,"''' '»•'« mile, «"^-- of?ev£f "-^--'"^^^^ ■■' r^-^" ■•« prospecting h'T branches of Stewart R,v '°"*^ ^^^^ ^'c* Now gold U.K '''^"* °^ Provisions or. .^.°°'* indications PellT£^er\'%^7" '^""^ '" several of 7."''^ development Columbia; so tL;/°"*^ '' *^^ Cassiar.o,d fi ^r.^" ""* °^ along the east.H ^'"^"'"Ption is that we h«l ^'^"^ '" ^"»^«h of i 'defi^itrtrjfn "a?;-^'^' ^^ ^^^ ^""on r^i^ra '^"^'^'^ exclusive of thl S' • • "* "Pwards of three h,!? 3 ^^""* ^^'t side of the vitL "''^ ^"^""^bia part of ft n J""'^ ^°"«' fi-nce ^zsi^:^i^^ ^-" <»--« a\: :,Tr;r large creek some thirty or f """ ^'"°""' ^^ success a„d '^ »'"-:^' s^^ilrd-- -« ™td't ?>r prospecting. ■«« P-ve„ts any extensfve or ex^'" *J I^alton informed <^xtended ^ Before closing I „„ *^ ^^^■ ^rom Bonanza Creek Tsl,'''^ *'"' ^^^'>^ '-Port that . pecting has onlv t ™°''® encouraging th«« i , ''"'"^^ '» ^^d, very rich ^ '*""' *"<1 "P to date of «•,''* ^*^*- P'os> -3^ nch prospects have been tt^oThT.''^^*"^''- • *"e »ew claims i OFFICIAL STATISTICS prospected on: from one dollar to the pan of dirt up to twelve •dollars are reported and no bed rock found yet. This means from $1,000 to $ia,ooo per day per man sluicing. Cudahy, 9th December, 1896. Since my last the prospects on Bonanza Creek and tribu- taries are increasing in richness and extent until now it is cer- tain that millions will be taken out of the district in the next few years. On some of the claims prospected the pay dirt is of great •extent and very rich. One man told me yesterday that he washed out a single pan of dirt on one of the claims on Bonanza and found $14.25 in it. Of course that may be an ex- ceptionally rich pan, but $5 to $7 per pan is the average on that •claim it is reported, with five feet of pay dirt and the width yet -undetermined, but it is known to be thirty feet even at that; figure the result at nine to ten pans to the cubic foot, and five hundred feet long; nearly $4,000,000 at $5 per pan — one-fourth of this would be enormotts. Another claim has been prospected to such an extent that it is known there is about five feet pay dirt averaging $2 per pan and width not less than thirty feet. Enough prospecting lias been done to show that there are at least fifteen miles of this extraordinary richness; and the indications are- that we will have three or four times that extent, if not all equal to the above at least very rich. It appears a great deal of staking for absentees has been •done, some of whom have turned up and some have not. This has caused confusion and leads to a good deal of what might be called fraud, for it is easy for a few in the inner circle to Icnow what claims have been recorded in accordance with the law, and what have not. They can then for themselves directly or through the intervention of a friend have the latter jumped for their whole or partial interest.. It appears this has been ■done in several instances. Some quartz prospecting has been done in Thron-Diuck re- gion, and it is probable that some good veins will be found there. Coal is found on the upper part of Thron-Diuck; so that the facilities for working it if found are good and con- venient. ROUTES TO THE YUKON. S99 Cudahy, 23d January, 1897. A quartz lode showing free gold in paying quantities hat been located on one of the creeks, but I can not yet send par- ticulars. I am confident fum the nature of the gold found in the creeks that many more of them— and rich too — will be found. • • • • • Cudahy, 23d January, 1897. I have just heard from a reliable source that the quartz mentioned above is rich, as tested, over one hundred dollars to the ton. The lode appears to run from three to eight feet in thickness and is about nineteen miles from the Yukon River. I will likely be called on to survey it, and will be able to re- port fully. Placer prospects continue more and more encouraging and extraordinary. It is beyond doubt tnat three pans on different claims on £1 Dorado turned out $204, $212, and $216; but it must be borne in mind that there were only three such pans, though there are many running from $10 to $50. ROUTES TO THE YUKON DISTRICT. The great obstacle to the development of .the Yukon district is the difficulty of access. There are at present only two traveled routes. One is by Lynn Canal, the Taiya (now known as Dyea) Pass, and by way of the lakes down the Yukon; the other is by way of St. Michael, Alaska, ascending the river from its mouth. Nearly the whole of the supplies for the district come by steamer up the river; it is the easiest but the longest route, and the diggings are not reached tHl a considerable portion of the short summer season has passed. As a rule it is not safe to enter Norton Sound, on account of ice, before the isth of June. St. Michael is eighty miles from the northerly mouth of the Yukon; to cover that distance in a flat bottomed river boat requires calm weather. After crossing the bar the boat is tied up for cleaning the boilers and getting rid of the salt. The first boat does not arrive till late in July, and the river closes in the latter part of September, so that the arrival of the last I f 'HRf i. vn ^ Wt "1 ■*■ r r j ll ,m w 'm I n\ 6oo OFFICIAL STATISTICS. ■ boats is somewhat uncertain. Two round trips in the season are all that can be relied upon. Many parties prefer going by Lynn Canal, the Taiya (Dyea) Pass. The distance from the sea at Chilkoot Inlet is only five hundred eighty miles and by starting in April or May the dig* gings are reached by the beginning of June. The upper part of the Yukon River opens several weeks be- fore the lower part is free from ice. After crossing the Pas8» the trip to Dawson can be accomplished in eight days. J. Dalton, a trader, has used a route overland from Chilkat Inlet to Fort Selkirk going up the Chilkat and Klaheela Rivers, he crosses the divide to the Tahkeena River and continues northward over a fairly open country practicable for horses. The distance from the sea at Chiikat Inlet, Haines Mission, to Fort Selkirk is about three hundred miles. Last summer a Juneau butcher sent forty head of cattle to Dawson. G. Bounds, the man in charge, crossed the divide over the Chilkat Pass, followed the shore of Lake Arkell, and, keeping to the east of Dalton's trail, reached the Yukon just below Rink Rapidis. Here the cattle were slaughtered and the meat floated down on a raft to Dawson, where it retailed at one dollar a pound. It is proposed to establish a winter road somewhere across the country traveled over by Dalton and Bounds. The Yukon can not be followed, the ice being too much broken, so that any winter road will have to be overland. A thorough explora- tion is now being made of all the passes at the head of Lynn Canal and of the upper waters of the Yukon. In a few months it is expected that the best routes for reaching the district from Lynn Canal will be definitely known. The following information regarding the trip from Juneau to the Yukon is taken from the Alaska Searchlight, January, 1895: . The valley of the Yukon may be reached from Juneau, Alaska, by four different routes, crossing the coast range of mountains through as many passes, the Dyea or Chilkoot Pass, the Chilkat, Moore's or the White Pass, and Takou. As the Chilkoot is the only pass used to any extent, it is this route the miner will select. From Juneau to the summit of the Chil- koot Pass is a distance of one hundred and fifteen miles. Small steamers ply irregularly between Juneau and Dyea, the head of navigation, a hundred miles northwest of Juneau. During the ROUTES iO THE VUKON. early spring these boats usu«m ■, **■ over tk.T ' ' "'• '"Iw are hiirh ,h Z "*''"' *'«•' Ihe Takous. If the ti? ***" avoiding the rou^h J ' "'"^^ " - on a'- ^:£'Zl^^^^ '-' ^" -^ '"ding po,„, ,he ^^'fi,:":^: ir", <"'•>- H.a,y & wil.„„.. Healy & Wilson, .nd^«o„' a snow-slide Tr"*'/^ ^'^^^^ to '" '•ecoverinf par"' V"^^'="^ ^»" P ove of r^''""^*' «"<» ^'PPed with steerth /^^ """»« w'th In ^^^' ^^^^tance of the larger nil ^^ ^*^^^ down in th J "^' ''^"der rods °"e wou d „e'v er r.^' "'^'^h' -^houtthem T /" ? ^°^^^« «os ^'^^ve you abou/ "*• ^* ^^^eep Caim, trf *^"''" '"^^ ^^ds ' "^^de until a clear da^ and *'• •J^' and some- lli' I ' 6o4 OFFICIAL STATISTICS. il! times the weather continues bad for two or three weeks, the mountain top hidden in thick clouds, and icy wind hurling the new fallen snow in every direction, or driving the sleet in the face of any one bold enough to stir out of camp, and peep up at that almost precipitous wall of snow and ice. But sunshine comes at last, and the winds grow still. Now comes the tug of war — to get the outfit to the summit, for 600 feet every step must be cut in the ice, and so steep is it that a person with a pack on his back must constantly bend forward to maintain his equilibrium. The first load landed on the summit of the pass, a shovel is stuck in the snow to mark the spot, then back for another pack, and fortunate is he v;ho gets his whole outfit up in a single day. Indians may be hired to do the packing, and their rates vary slightly, but the regular price has been five dollars a hundredweight from the second bench to the summit or fifteen cents a pound from Healy & Wilson's to the lakes. These prices have been shaded a little the past season, and some outfits were packed over to the lakes at thirteen cents a pound. The reasons for this cut in prices are that many miners insist on doing their own packing and that their work has been seriously affected by a tramway device which was operated last season with more or less success by one Peterson, whose in- ventive genius led him to believe that a simple arrangement of ropes and pulleys would greatly help in getting outfits up the steeper places. A small log is buried in the snow, and to this "dead man" a pulley is attached through which a long rope is passed, to the lower end of which a loaded Yukon sleigh is attached and the empty box on the sled fastened to the upper end of the rope is chen filled with snow until its weight becomes sufficient to take it down the incline, thus dragging the other one up. The snow was found too light, but with three or four men as ballast in place of snow it worked well and saved a good deal of har-d packing. When the last load has reached the summit, and the miner stands beside his outfit looking down toward the ocean only twenty miles away, he can feel that his journey has fairly begun, and as he turns he sees the descending slope melting away into the great val- ley of the Yukon. The descent for the first half mile is steep, then a gradual slope to Lake Linderman some ten miles away. But there is but little time for resting and none for dreaming, as the edge ROUTES TO THE YUKON. 605 m- radual fcre is edge of the timber where the camp must be made is seven miles from the summit. Taking the camping outfit and sufficient provisions for four or five days, the sleigh is loaded, the rest of the outfit is packed up, or buried in the snow, shovels being stuck up to mark the spot. This precaution is necessary, for storms come suddenly and rage with fury along these moun- tain crests. The first half mile or more is made in quick time, then over six or seven feet of snow the prospector drags his sleiffh to where there is wood for his camp fire. At times this is no easy task, especially if the weather be stormy, for the winds blow the new fallen snow about so as to completely cover the track made by the man but little ahead; at other times dur- ing fine weather and with a hard crust on the snow, it is only a pleusant run from the pass down to the first camp in the Yukon basin. In all except the most sheltered situations the tent is necessary for comfort, and the stove gives better satis- faction than the camp-fire, as it burns but little wood, is easier to cook over, and does not poison the eyes with smoke. It is a noticeable fact that there are fewer cases of snow blindness among those who use stoves than among those who crowd around a smoking camp-fire for cooking or for warmth. Com- fort in making a trip of this kind will depend, in a great meas- ure, upon the conveniences of camping, suitable clothing, and light, warm bedding. Yes, upon provisions, too, though ofttimes more depends upon the cook than what is in the larder. The necessary articles of food are flour, bacon, beans, sugar and tea; ham, canned meats, rice, milk, butter, dried fruits and coHfee are usually taken also, although some old-timers look upon them as luxuries only. After the rest of the outfit has been brought from the sum- mit the next move is to Lake Linderma.i, about three miles dis- tant. The route now lies sevei^ miles across the lake to its outlet, down the outlet three or four miles in a northeasterly direction to I^ke Bennett, down to the foot of this lake, twenty-five miles, then down the river four oi five miles and Takou Lake is reached. This lake is some twenty miles long and empties into Mud Lake through an outlet three miles long; Mud Lake is sbout ten miles in length, and at the foot of it open water is usually found in April. Open water will probably be passed before reaching this point in the rivers connecting the lakes, but firm ice at the sides affords good sledding. ! ( 6o6 OFFICIAL STATISTICS. but at the foot of Mud Lake a raft or boat must be built. Dry timber can be found along the shores with which to build a raft, which will take everjrthing to the Lewis River Canyon, about forty miles to the northwest. The course down the lakes has been much in the form of a horseshoe and now bears to the west instead of the east. Before reaching the canyon a high cut bank of sand on the right hand side will give warning that it is close at hand. Good river men have run the canyon safely even with laoded rafts, but it is much surer to make a landing on the right side and portage the outfit around the canyon three-quarters of a mile and run the raft through empty. The sameness of the scenery on approaching the canyon is so marked that many parties have gotten into the canyon before they were aware of it. Be- low the canyon are the White Horse rapids — a bad pier'* of water; but the raft can be lined down the right hand s *':• '. near the White Horse, thre^ miles below. This is a vox can yon about a hundred yards long, and iifty in width, a cbu^ie through which the water of the river, which is nearly 600 feet wide just above, rushes with maddening force. But few have ever attempted to run it and four of them have been drowned. Of two men who made the attempt in May, '88, nothing was found save a bundle of blankets. Below the White Horse another raft is built and the journey continued seventy-five miles to Lake LeBarge. This usually requires three days. After entering the lake, solid ice is found perhaps a mile from the inlet. Camp is made on the shore, and as the ice gets soft most of the sledding is done in the early morning, it being sufficiently light in May to start soon after midnight. This iake is about forty-five miles long and there is an island about midway. Little snow will be found here late in April, but it will be all glare ice. After camping on the island a day's journey will make the foot of the lake and the sledding is com- pleted. If one expects to stay in the country the sled should not be thrown away, however, as it will prove useful later on. A comfortable camp should be made here, and the building of a boat commenced. This will require from seven t i*n days, and the method of preparing lumber is novel to ho are unused to frontier life. The trees selected should be sound and straight and twelve inches through at the butt. A saw-pit about six feet high is built near the tree and the tree felled and cut :i> ROUTES TO THE VUKON. ■"'o logs about ,„e„,v fi„ , • «07 P'« is leveled Ja ,u "* ''"P >■«» mouth !^r„ ? ""^ '"»«. smaller end an2 ° '"« P«'«i, "Zt '^^ ^"" '!>« ■^ ">" lined ^V\""' counterp;^? on ^ ''.r"' °" '"* •hen it is li„,w , *''°''* »nd below anrf """"J 'he log in« allowed fo, ^h "" ''°"<"' =» "ih" ofT'^u" "»"''«'' hoa. is bui?t.t,ked° Z""- u^"" '"'« "Id, If *'-f "'■ journey resum^i A "^ P-'ched, oars and „!? '*"""*• "■« right befo^re rtSt;°t ''t'' ^^'-on R^:,/'""' "« Hoo'-J- «and like J^,'."" ^"' Fingers B^'?° ""'"<' °n the r s int: .hrco„Tj;"the°' «<'""»<""«; t^'Zh"-"" '»« gonf .hro*r !u' "»'" hand .!de i„ J/"'"'/ «"« -.ile* ^«' comet rp^,-'-.«'e 'ast da„gru7V«r-nd hav- and Lewis form ,u 1/ ^'^^'■' and the i»n^f , " Passed. ■"g Post'is ^ehed^-Th" ""■"'• ^' 'hrpti™ tt f, ""'"' hundred and tZ, -I *"» " known as bIJ ^"' '«- •'""-ney btewart Rivt^ ;« • ■ -Wng w:te^ Thr "" '*• =0 ^"cTo" i'cl"' °" *' "«ht; "• ' CrMk ' ' "•*' tributary on th^ . "' °' *" """»'" n "^ °" f"" Reli. "'the interior r^' ■^''' ^"'k is the orinJ i "'' "" 'h* - «ven huTdred '"d'^!"' ""'""'^ Point for Xr"!"' P"" . This iourneyls^tiff "■'« '"m Jun.a„. " "" ■"■"" -» '■^^^^ in eight or t/n i " ^* »"»<*« in summr r *'^ *» ' one goes back i„to 6o8 OFFICIAL STATISTICS. the hills for it. Fish aie plentiful and a gill net should form a part of every outfit. The whitefish taken from the ice-cold waters of the lakes are the finest in the world. In the spring gull eggs are abundant on the small islands at the foot of Lake LeBarge. DISTANCES FROM JUNEAU, ALASKA. Miles. To Haines (Chilkat) 80 To Hea^ of canoe navigation 106 To Sumi .' ' Chilkoot Pass 115 To Lake i. rman Landing 124 To Head of i^ke Bennett 129 To Boundary line bet. B. C. and N. W. T 139 To Foot of Lake Bennett 155 To Foot of Caribou Crossing 158 To Foot of Takou Lake 175 To Takish House 179 To Head cf Mud Lake 180 To Foot of Lake Marsh 200 To Head of Canon 225 To Head of White Horse Rapids 228 To Takheena River 240 To Head of Lake LeBarge 256 T*o Foot of Lake LeBarge 284 To Hootalinqua River 316 To Big Salmon River 349 To Little Salmon River 385.50 To Five Fingers Rapids 444 To Rink Rapids 450 To Pelly River S03.50 To White River 599-50 To Stuart River 609 To Sixty-Mile Post 629 To Dawson City 678 To Forty-Mile Post 728 To Circle City 898 Forty Mile to Diggings at Miller Creek 70 Circle City to Diggings at Birch Creek 50 Klondyke to Diggings 5 orm cold ring Lake ROUTES TO THE YUKON. 609 To Sitka... 160 To Wrangel 148 To Seattle 899 To San Francisco 1,596 diles. . 80 . 106 . 115 . 124 129 139 155 158 175 179 180 200 225 228 . 240 . 256 . 284 . ii(> . 349 385-50 444 .. 45° 503-50 59950 609 629 678 728 898 70 50 A ROUTE FROM VICTORIA TO THE YUKON ON A LINE OF FORTS. A Canadian route that seems to afford safety for the Klon« dyke travelers in having an established and well-organized line of communication, is from Victoria and Interior British Co- lumbia points, up the Athabasca and Mackenzie rivers to the Peel river. It is what Canadians call their short way, by com- parison with the St. Michael route, but it is longer than the route through Juneau. A line of forts stretches all the way, and it is said that when the rivers are open the trip is not a difficult one. The Canadian Pacific Railroad carries the miner from Vic- toria to Edmonton. Then there is a forty mile stage line to Athabasca Landing. From the latter point, the journey must be made in canoes during the summer, and by dog trains in winter. The distances are as follows: Miles. Edmonton to Athabasca 40 Athabasca to Fort McMurray 240 Fort McMurray to Fort Chipewyan 185 Fort Chipewyan to Smith Landing 102 Smith Landing to Fort Smith 16 Fort Smith to Fort Resolution 194 Fort Resolution to Fort Providence 168 Fort Providence to Fort Simpson 161 Fort Simpson to Fort Wrigley 136 Fort Wrigley to Fort Norman 184 Fort Norman to Fort Good Hope 174 Fort Good Hope to Fort Macpherson 282 Edmonton to Fort Macpherson 1,882 From Fort Macpherson, the trip to the Klondyke is by way of Peel river. The total distance from Victoria is about 2,300 miles. 39 6io OFFICIAL STATISTICS. This is the old Hudson Bay trunk line to the North, that has been in use by the Canadians for nearly a century. OTHER ROUTES. THE STICKEEN ROUTE— Goods and passengers intended for this route, when opened, would have to be transhipped from ocean going steamers to river steamers at Lort Wrangel or some other point near the mouth of the Stickeen. Of the river itself Dr. Dawson says: "It is navigable for stem-wheel steam- ers of light draft and good power to Glenora, 136 miles from Rothsay point at its mouth, and under favorable circumstances to Telegraph Creek, twelve miles further. The current is swift, but there are no rapids properly so called. Stern-wheel steam- ers for the navigation of the Stickeen should have good engine power, and should not draw more than four feet of water when loaded. The river usually opens for navigation between April 20th and May 1st. The river generally freezes over before the end of November, although ice runs somewhat earlier. On the low lands there is good grazing for horses and cattle from April 20th to about December ist." The distance from the Stickeen at Telegraph Creek to Teslin Lake the scarce of the Hootalinqua River is about 150 miles. The trail now in use is considerably longer than this, but ex- ploratory surveys are in progress, and it is confidently believed that a nearly direct route will be found, over comparatively level country. A company has been incorporated to build a railway over this portion of the route. Traffic going by way of Teslin Lake would reach the main Yukon by way of Hoota- linqua River, above referred to. THE TAKU ROUTE has not been opened, or even sur- veyed. A company has been incorporated to build a railway by it to Teslin Lake. Taku Inlet is an extensive harbor, some- what open to southwest winds, but would serve very well for the terminus of a route into the interior. ^ MINING DISCOVERIES IN ALASKA. Tie v;;",*:,,^^^^^*'^^ Record. January. ,8^. prospected for q».r.^.. ^:r emirl r^l ""'l" *»' "■»''" •«« Si"."''. "■"« ">.„ three S 1°"' "" »<>«h.a«ern co^° Back of this very narrow L^tu "" "'"V^t tide wate? terra incognita J far rrit^l^ J * ,™" «»!«■■ " a veriubTe C|™ed The „.,„ abUc. of ^1'"""' """ ""^es J^tn- d fficulty to be found bnildLg thfl^'ur" 'T''' ""-^ «■« g,e.t ot tte quartz prospector and h«« o^l •""•"■'«<' "« "Pe""*. "Pmg purchaser, to that very W.i ".""«««"• *« devel- easy access to tide water. '^ '"""'^ ""' »Wch lie, within Ihis strip, however ha« »l. j 'ianguine expectations has H ,^ '"""'j' '"'fi'led the mo», scarcely touched. This «, ''•''"°Ped fortunes, and v., .^and Which line .h^L^ '. J'^^^J ,^^'- .he" t;:^,an' :i promising prospects in Alaska. "**"^ °' ™'^ NEARLY OUTPUT OF GOLD ine OUtDUt nf tU^ "^v/x^l^. ma ,ng correctness except bv Z 77 *' = "ateraent aporox- ° A-aska Mexican Go^S;?.^"""--. ^ ^^T '^Z ^'aska Commercial p ^'"'"8^ Company, 120 stamnc '^ ^^Id Eagle Z7n^l ^^"»P^n3% 4o stamps. ^'- '»5o.ooo Ebner Gold fe ^^^^P^"^' 4 stamps. ^00,000 ^'nmg Company, ^o stamps.. ^'°^ .15.000 .(611) If H 6m ALASKA. Juneau Gold Mining Company, 30 stamps 35>ooo Julian Gold Mining Company^ 10 stamps ao.ooo Alaska Willoughby Gold Mining Company, 10 stamps 15,000 Green mine, Norton Sound, 10 stamps i5>ooo Total output of quartz mines $2,355,000 Lituya Bay placer mines $ 15,000 Cook Inlet placer mines i75>ooo Birch Creek district, Yukon mines 1,300,000 Other Yukon districts 800,000 From several small creeks in various parts of the terri- tory, worked by arrastres 25,000 Total output $4,670,000 DOUGLAS ISLAND. Foremost in every respect among the developed properties of Alaska is that of the Alaska Treadwell Gold Mining Com- pany, located on Douglas Island, two and one-half miles from Juneau, on the other side of Gastineau Channel. So much has been written of this famous mine that only the briefest descrip- tion will be necessary here. In January, 1882, prospectors crossed the channel from Juneau, found "pay dirt" on the beach, and in March following commenced washing for gold on the ground now known as the Ready Bullion. The first three days* cleaning yielded twenty-seven ounces of gold, which created great excitement. In further washing the bed-rock upon this discovery the great Treadwell ledge was exposed. It was located as a quartz claim and called the Paris. Nothing toward development was done until the property was acquired, in 1882, by John Treadwell, for the sum of $400. A five-stamp mill was erected and prospecting developed a ledge 400 feet from wall to wall. In 1883 a mill of 120 stamps was erected and in 1888 its capacity was doubled, making it a 240 stamp mill, the largest in the world under one roof up to the present day. The stamps weigh 850 pounds each, with a seven-inch drop. ninety-six strokes per minute, the capacity of the mill being about 750 tons daily. In i8go the chlorination works were erected and improvements and additions hav been added at iJlNI.NG DISCOVERJES. "nous times since fh. „i . "^ *'* ""i n,„„ oomple"' exL"^^ "L'S""'""' '<>■<'«>' by far ,he h. . The last annual report of m^. t * "" "•« yw- 'he year ending May ,, ,^ '"' ^"•^««" »hows that during and milled at a cost in^l. ^^ ^'*^ '<"■> °« ore were m^j ? ^e :'Zser\thrin?ie!H'''^^-^ - The Mexican mill is a «,« i i mer nothing short of o^f^L *^* P'*"* ^""ng the oast !. spared to attain Vh«/ P,*^'!*^*'^" ^as aimed at and n^ """ T-dwe.i hei^g ::en'^rr,::.r d ""'°- «'^«" ''^r^ '; :r .t="'th?'-/:t" f< Jn'r-rr- :s Christmas and the Fourth ^f r , "'^ '°'" "« 'hut down o^ ^he superintendency of hJu J operations is in the hl\ .^*^ *^^ Treadwell anH a^ • dtt// e^« ^ "- - - "se'^Xr-V'- -"- t-iJa/ZtUTm^^rw^Hdr ~- -cH opment. vocations are he d awaitino- a^ . On pj. J awaiting devel- Edwards creek recent discoveries have been . * been made which 6i4 ALASKA. arc of great promise and which have attracted the attention of prominent mining men. SILVER BOW BASIN. Four miles from Juneau at the head of Gold Creek lies Silver Bow Basin, where Juneau and Harris made their first discovery of auriferous quartz. Here the development of properties has been steadily carried forward until many of the claims are highly productive and their permanence assured. The first mill erected was that of the Johnson Mill and Mining Company, for working the ores of the Takou consolidated group. Takou Group of Mines. — This group is situated two miles from Juneau at the entrance of Silver Bow Basin, consisting of eight patented claims and a fine w&ter power, equipped with a ten-stamp mill, boarding house and all necessary buildings, both at the mill and mine. The workings are all under- ground, and all tracks, storage, ore bins and exposed places are snow shedded. The ledge matter lies between slate and green stone walls and averages from twenty to sixty feet in width. The ore is an iron pyrites carrying some zinc blend and a small portion of galena, and what is called "strictly free milling," no concentrators being used. Owing to .its low altitude, close proximity to steamboat landing and never-failing water power, this property can be operated all the year round, and is the first mill and mine that has ever run during the winter in Silver Bow basin. The company in- tends to add ten more stamps in the early spring. Dora Group of Mines. — This property was located in the early eighties and finally fell into the hands of Dr. H. S. Wyman, who built an arrastre and milled quite a quantity of ore from the Dora claim with very good results. In 1894 120 tons of the ore were milled which netted very good returns. The property is so situated that it can be operated all the year round, and the ore is of a free milling nature, and the owners expect to thoroughly develop the mine and in the near future build a mill. Here in the basin is located the twenty-stamp mill of the Nowell Gold Mining Company which is kept at work on ores from the Ground Hog and other claims, owned or, leased, and located in the upper basin, the rock being trammed one and MINING DISCOVERIES. 6iS one-half miles by surface and aerial tramways. Close to the mill are the aprons and saving plates at the end of the flume and tunnel from the placers operated by this company. These placers lie in the basin proper and have been worked a number of years with gratifying results and a large amount of excellent ground yet remains untouched. The tunnel is lined with block riffles and the placer debris is carried through it by the hydraulic wash. A surface tram from the lower station of the wire tram from the Ground Hog is also laid through this tun* nel and over this is trammed all the ore from the several claims to the mill. The plant includes a dynamo which lights the workings, and a telephone connects the whole with the main office in Juneau. In the basin proper are located many valuable producing claims, the principal of which constitute the Campbell group, on which a thirty-stamp mill is kept running during the sea- son, and the Aurora claim, which last season was leased and operated by the Nowell company. The lode is located continuously, from two to three claims in width, for a distance of over six miles through Silver Bow basin and over the range into Sheep Creek basin to the Silver Queen with almost continuous surface croppings the entire dis- tance. Following still further east along the belt where the lode leaves the valley and climbs the mountain side, the veins again crop to the surface, and locations are strung out from this point over another high range and through valleys and over ridges to Takou inlet, a distance of fully eight miles. On this end are the Star of Bethlehem, Last Chance, Sheridan, Little Queen and other locations which show some very rich gray copper ores. SHEEP CREEK BASIN. Here the character of the ores differs greatly from those of Silver Bow basin in that silver predominates though the gold values also increase. The principal claims here are the Gla> cier and Silver Queen, both of which are extensively developed and produce ore of a very fine grade. The Nowell company is the operating owner of both mines, and the superintendency lies with Mr. F. C. Hammond, whose efficient and energetic management has brought the workings at both mine and mill to a condition approaching perfection. 6i6 ALASKA. Aerial trams extend fi'om both the Glacier and Silver Queen to large ore bins at the foot of the mountain from whence the ore is conveyed to the fifteen-stamp mill, a mile distant, over a •team railway. The mill is run on second class rock only, a very large percentage of the ore taken from either claim being •hipped direct to the smelters on Puget Sound, and the milling done is little more than simple concentration, as there is but lit- tle free gold in the ores. An extensive canvas plant, the only one in operation in Alasaka, profitably supplements the work of the vanners. On the beach, two miles below the mill, the com- pany owns a large wharf and warehouse where all supplies are landed. Sheep Creek basin has many other vety promising claims, from several of which ore shipments have been made for a num- ber of years; there is little doubt of its development into one of the leading quartz camps of Alaska. SHUCK BAY. This locality has produced large amounts in place" Ad in past years though now its lodes are attracting consid ^ at- tention. Of these the Redwing group is most advanced in de- velopment, located in Schuck basin. The ore is of a free milling nature, carrying iron, zinc blend galena, a trace of copper in combination with the gold, and a small percentage of silver. This property is situated half a mile from salt water at a very low altitude and possesses in connection fine water power. Assays and shipments made from the ore from time to time go to show that it is a very promising property. SITKA DISTRICT. While the first auriferous quartz discovered in Alaska was found near Sitka, mining operations have never been vigor- ously prosecuted there. During the past season some interest has been manifested and a number of groups have been bonded to parties who propose operations next spring. A five-stamp mill represents the total of the actual mining plant in the dis- trict though some of the claims promise well. THE SUM DUM DISTRICT. The richness of the surface prospects in this district, fifty MINING DISCOVERIES. 617 leeti the er a y. a leing lUng It Ut- only rk of cow- « are laims, num- o one »ld in ". at- in de- blend and a [half a sses in |o time :a was vigor- Interest )onded -stamp le dis- miles south of Juneau, has inspired the gold seeker with great hopes for the future of the many claims located in the locality and the promise has been fulfilled in every insti^nce where de- velopment has been made. Most conspicuously is this true in the case of the Bald Eagle mine, which, a mere prospect three years since, has become one of the richest and best pay- ing properties on the Pacific Coast. The ores carry no free gold, the values lying entirely in the sulphurets, these being principally pyrites though both zinc and lead sulphurets are present in considerable quantities, the octagonal sulphuret pre- dominating, this being the richest of all classes wherever found. A crusher at the mouth of the adit discharges its product into a flume which conveys it to the mill nearly a mile distant at a nominal cost for handling and its richness may be estimated hy the fact that the four stamps in four days less than six months produced concentrates valued at a round $100,000, or nearly $17,000 per month; the clean-up for a similar period in 1895, the first year of operations, was $87,000; the average value of all ore mined is $30 per ton. To attain depth on the mine and to get out of the canyon in which the vein is located, a tunnel 1,650 feet in length is now being run, over 1,000 feet now being completed, which will tap the ledge 347 feet below the present workings. Many other valuable properties lie in this section, some of them being developed extensively. Aniong these the Sum Dum Chief takes high rank and negotiations are in progress for its purchase by capitalists who will erect a plant next spring. fifty NORTON SOUND. On the shore of Norton Sound, latitude 65 deg. N., high above the mouth of the Yukon River, another 10 stamp mill is at work, which is the most northern milling operations in the world. It is called the Umalak mine and is owned and oper- ated by J. G. Green. Mr. Green secured possession of this mine in 1881, and has since spent $100,000 developing it and from its ore he gets 143 ounces in silver to the ton. It is one of the best paying properties in Alaska. UNGA ISLAND. On this island, lying to the south of Alaska peninsula, the 11 n 1 1 1 6i8 ALASKA. i JMl I ;: Alaska Commercial Company operates a forty-stamp mill on its Opollo Consolidated properties, on ore which is notable in two respects; it contains a large amount of free gold in an un- usually fine state of division, so that at first sight rich quartz looks as if it had a yellow stain running through it like oxide of iron. Kidneys of this qitartz with fine free gold give the value to the mine. The other notable feature is in this, that it contains a considerable amount of native copper, which is a very rare accompaniment of gold. Only one case of the kind has been reported in America, and that was in Virginia some fifty yeas ago. The Apollo Consolidated is turning out sev- eral hundred thousand a year. BERNERS BAY DISTRICT. The great mineral belt which extends along the Alaskan coast just back from the water's edge and which has never failed to pay the careful prospector wherever he has prosecuted his search, has of course its spots of unusual richness. At Bemers Bay, forty miles north of Juneau, on Lynn canal, there was discovered some years ayo orc^ of splendid promise. Little was done with the several prospects, however, until the at- tention of Thomas S. Nowell was called to them. Heavily in- terested in other Alaska mining properties, and with a faith in the country which results have amply justified, Mr. Nowell or- ganized the Berners Bay Mining and Milling Company ti.d set about the development of the various claims acquired by him in this rich section. The splendid plant and the astonishing amount of development upon this group of mines — claims no longer — spcalrs volumes for his untiring energy and unbounded confidence in their richness. From tidewater on Lynn canal, where ample wharfage facilities have been made, a narrow- gauge railway winds up the canyon to the mill site, two and thi-ee-quarters miles overcoming in that distance an elevation of 800 feet, a ^eat requiring no mean engineering ability. The plant here is complete; the buildings include all necessary of- fices, boarding houses and others additional to the actual hous- ing of the machinery and a perfectly appointed hospital under the supervision of a resident surgeon. The power is derived from a Pelton wheel driven by water brought through two linei of pipe discharging against the buckets simultaneoubly at a pressure of 300 and 400 feet respectively, furnishing power suf mill on lotable in in an un- ch quartz ike oxide give the this, that hich is a the kind nia some out sev- MINING DISCOVERIES. Alaskan las never rosecuted ness. At lal, there . Little I the at- eavily in- i faith in owell or- r ai-d set ncient to drive r «^ 615, --.ram3,r^,:f.„'"»^ « the Bear workfn'^s ty 1"':!^ T 'ts capacity being , en ,*'"'' ''*"''» » single span »f , ^Z'"' ^Vo„.e™ Bene if ^ '^ - W. .,, ^ ^ -^ te Bene rocfc'avraj:r \" ""\°' '"'"^-r.t!- ^l^Z'"" «"' of ,„,ph„„,/'^ »'3 m free j„,d, ^.h J^r^^" But of the 5r"'' "' '«' below .h, '^^' « » depth -lav fv. ""y-ow claims owned i7,J . ""■*="■* workings ■ay Company th* r^ . "wnea m this place k,r *t, *'"«». •he subject of ^-n ""''" "o'k'nss. whfch !?,"'' ' '""''" comprise Tn„, '""stration elsewhere Th- " ^" "^de 'edg* Trt^i"' °' '""""' and "shaft of ""r """""Ks '«. fr^m Thtf an",.*' '""" '-«' 't, gh a'~ '"!; "« ">. 'be npper levels ThIT """ "^ "" 5- fee. to !„ °' ''^'^ !•»»« exposed 1 * *^"""« workings thM.S, • ^°""ect w„h "ns.itm« the H~ "■""' "■" '«dg« at aV„r ^P"" ">«>.• 'nd conWncfng ^'""* "'°''""»» '" Atask, a?H • °' '•°°° '«"• ;=dges. cairafed'rZt™ °' *' ~«« „'f ^.f ' ' •"« »'«cy Of this ,p,e„,,; :„";^- s««ed forever 620 ALASKA. workings are thoroughly drained through this lower adit, and are ligfited throughout by electricity supplied from a dynamo at the mill. This and its surrounding claims form a magnifi- cent property, .practically inexhaustible, amd, moreover, a com- plete demonstration of the fact that high grade ores are not wanting in Alaska. The total cost of mining, tramming and milling the ores from the several mines operated here by this company has been reduced to less than $3 per ton. The ex- penditures in equipment and development thus far made very closely approximate a million dollars, and an average of 150 employees are carried upon the company's pay roll. The work- ings are under the superintendency of Mr. Willis F. Nowell, whose ability is amply attested in the advanced development attained. The general management of this as well as of the other varied and extensive interests of what are known as the Nowell companies is vested in Mr. Fred D. Nowell, both gen- tlemen being sons of Hon. Thomas S. Nowell, president of the organization and promoter of the vast interests in Alaska, which, but for his industry, would yet lie dormant and even unknown. Mr. E. F. Cassels is the auditor for the companies and is him- self interested to a considerable extent in the mines of Alaska. Early in April, 1896, the original locators of four claims in this district transferred their interests to the Jualin Mining and Milling Company, which then had just organized. The company at once began operations which were pushed during the season, with the result that a ten-stamp mill with all nec- essary acce ory equipment was erected in time to demonstrate, by a run oi c_veral weeks, the wisdom of the purchase. The development will continue through the winter, and in the spring extensive additions will be made to the plant. The Jualin company was formed by Ex-United States Commissioner H. W. Mellen, of Juneau, who holds a large interest. Mr. Lewis Taylor, of Evansville, Indiana, is secretary of the com pany, and its workings are superintended by Mr. C. W. Pearce, who for seven years held a responsible position with the Alaska Mexican Company. The Jualin found its peculiar title through a combination of the initials of the words "Juneau, Alaska, Indiana," and is one of the going, paying mines of Alaska. The Horrible and Mexican claims, lying near the group just described yet on quite another ledge, have only during the past season reached a stage of development calculated to show their MINING DISCOVERIES. 6a I and tiamo gnifi- com- B not I and y this le ex- ; very of 150 work- Jowell, )pfflent of the as the th gen- : of the , which, iknown. is him- Alaska. aims in Vlining The during all nec- )nstrate, The in the The lissioner Mr. e com- Pearce, Alaska through Alaska, ska. tup just [the past iw their true value. Even the locators, Mr. Frank Bach and his as- sociates, who had accomplished no small amount of develop- ment, had little knowledge of their full richness until after the expert examination which brought about the sale of the prop- erties for the sum of $90,000 to Mr. Louis Nicolai, of Portland, Or., who will during this season erect a ten-stamp mill and the necessary accessories. On these claims the values lie principally in the sulphurets. Many other claims of excellent promise have been located in this section, and in the aggregate much development has been done upon them, though few have pas«sd out of the hands of the original locators. The district is already known far and near as one of the richest in the northwest, and its future devel- opment is assured by its own merits. ADMIRALTY ISLAND. This island, one of the Alaskan archipelago, south of Juneau, separated from the mainland coast by a narrow channel, has its belt of mineral in common with its sister, Douglas Island, lying north of it. A number of claims have been located upon its ledges, which vary in character from low to high grade, and in size from mere stringers to immense deposits approaching or even exceeding that of the Treadwell. An example of this is seen in the Ocean View group, ''till held by the locator, where a tremendous body of minera' '?s exposed and requir- ing little else than quarrying to get it .ut At Funter bay, on the west side of the island, a ten-stamp mill ,as been oper- ated for two seasons on the ores of the Willoughby a:roup, now owned by the Boston and Alaska Gold Mining Company, which has recntly purchased the property and proposes very exten- sive development next season. COOK'S INLET. From the Alaska Mining Record of January i, 1896. In the camps on Resurrection and Six Mile Creeks, diswuit «ight miles apart, 69 miners will put in the winter. A large number of them who have claims in that near neighborhood will prepare for early spring work by putting in all their time possible in wing-damming and ditching, and hand-sledding their supplies up to their mines from the beach over the crusted I ' I' 6aa ALASKA. snow. During the winter George Donaldson will opea up two more claims with the intention cf working them during sum- mer by running both day and night shifts, these two claims being located on Canyon Creek, two miles above the forks. The claims operated by Messrs. Heddie, Erickson and Mills paid $20 a day to the man. Two shovels of gravel on the bed- rock averaged just an ounce in dust. On the next claims below a company of seven men from Fresno, California, worked with equal results. This company intends to ship up animals next summer and put on a pack train. Many other claims were partially opened up with fair clean ups. The creeks putting into the Arm, on the opposite or north- west side, which head in the mainland, at their mouths all bear fine gold. While the schooner Helen was laying at the mouth of one of the creeks the Captain and a number of his crew as- cended one of them for a number of miles back to the foot- hills and they found coarse gold. When coarse gold is found it is a very reasonable probability that a paying creek has been discovered, and so the miners there think that important dis- coveries have been made on that side of the Arm as well as upon the other. There are a dozen creeks putting down from that side that have never yet felt the tread of the prospector's foot. Not one-hundredth part of this country has yet been pros- pected, and the fact of finding fine gold at the mouth of every stream that puts into the inlet from its three sides is evidence that the gold-bearing section is of vast extent. Then the great advantage the westward has over the interior is its accessibility and the cheap rate at which supplies can be laid down. A prospector can go and return without having to undergo the hardships encountered on the interior trip, and without the outlay of a small fortune in going to and from or the purchase of provisions upon which to exist during a long and idle winter. We have no fear of the scurvy attacking us here, for want of proper food, and no winter starvation will stare us in the face. We can communicate at any time with the outside world. Our washing season is at the least calculation a month longer than on the Yukon, and, too, we have not the frozen ground to con- tend with, although we have a greater depth of snow and the RIVERS. 623 north- ,11 bear mouth rew as- le foot- j found as been int dis- vvell as n from ector's same spring raises, probably somewhat greater than in the in- terior. We, too, have the same ntyriads of gnats and mos- quitoes. We have plenty of game, the moose, bear, fowls and fish. Mining on Six Mile practically ceased on October ist, as the creek commenced to freeze on September 27th. Washing^ commenced in May. During May and June the weather was almost continually clear, and during July, August and Septem- ber the rainfall was prolonged, with occasional heavy showers. The principal supply points for the diggings in the Turn- again Arm section are Sunrise City, situated above high tide mark at the mouth of Six Mile Creek, having about thirty buildings. Hope City is at the mouth of Resuirection Creek, and is a town of somewhat lesser importance. BRITISH COLUMBIA RIVERS. Of the rivers of British Columbia the principal are the Era- ser, the Columbia, the Thompson, the Kootenay, the Skeena, the Stikine, the Liard, and the Peace. The Eraser is the great water course of the province. It rises in the northern part of the Rocky Mountains, runs for about 200 miles in two branches in a westerly direction, and then in one stream runs due south for nearly 400 miles before turning to rush through the gorges of the Coast Range to the Straits of Georgia. Its total length is about 740 miles. On its way it receives the waters of the Thompson, the Chilicoten, the Lillooet, the Nicola, the Harri- son, the Pitt, and numerous other streams. Eor the last 8a miles of its course it flows through a wide alluvial plain, which has mainly been deposited from its own silt. It is navigable for river boats to Yale, a small town no miles from the mouth, and again for smaller craft for about 60 miles of its course through the interior, from Quesnelle Mouth to Soda Creek; and larger vessels drawing 20 feet can ascend to New Westminster, situated about is miles from the mouth. The Columbia is a large river rising in the southeastern part of the Province, in the neighborhood of the Rocky Mountams, near the Kootenay Lake. This lake is now traversable by reg- ular steamboat service. The Columbia runs north beyond the 52d degree of latitude, when it takes a sudden turn and runs • ^ 1* ii til 11 I If' €34 BRITISH COLUMBIA. due south into the State of Washington. It is this loop made by the abrupt turn of the river that is known as the "Big Bend of the Columbia." The Kootenay waters fall into the return- ing branch of this loop some distance south of the main line of the railway. The Columbia drains a total area of 195,000 square miles. The Peace River rises some distance north of the north bend of the Fraser, and flows eastwardly through the Rocky Moun- tains, draining the plains on the other side. It more properly belongs to the district east of the mountains that bears its name. In the far north are the Skeena and Stikine Rivers flow- ing into the Pacific, the latter being in the country of valuable gold mining operations. The Thompson River has two branches, known as the North Thompson and the South Thompson, the former rising in small lakes in the Cariboo district, and the other in the Shuswap Lakes in the Yale district. They join at Kamloops and flow east out of Kamloops Lake into the Fraser river at Lytton. MINERALS OF BRITISH COLUMBIA. It would be difficult to indicate any defined section of Brit- ish Columbia in which gold or silver has not been, or will not be found. The first mines discovered were on the Thompson river; then on the Fraser and Hope, and continued up the Fraser to the Cariboo district. Gold has been found on the eastern side of the Rocky Mountains, on Queen Charlotte Islands at the extreme west, and on every range of mountains that intervenes between these two extreme points. Until recently the work has been practi- cally placer mining, a mere scratching of the surface, yet over fifty millions of dollars have been scraped out of the rivers and creeks. Bars have been washed out and abandoned, without sufficient effort being made to discover the quartz vein from which the streams received their gold. Abandoned diggings have been visited after a lapse of years, and new discoveries have been made in the neighborhood. The railway now pierces the auriferous ranges; men and material can be carried into the heart of the mountains, and with each succeeding season fresh gold deposits are found, or MINING DISCOVERIES. 625 made Bend •eturn- n line 195,000 n bend Moun- roperly ars its •s flow- aluable I North n small ihuswap nd flow ton. of Brit- will not lompson up the Rocky ke west, \n these practi- tet over lers and 1 without \n from l^iggings ^overies len and IS, and lund, or the old ones traced to the quartz rock, and capital and ade- quate machinery brought to bear upon them. In no section is this more strongly demonstrated than in the famed Cariboo region, where during the past three years hydraulic mining has been commenced on a large scale, and improved plant to the value of over half a million dollars introduced. During the past year, a grand total of forty-three miles of ditch flume and pipe have either beer, constructed or put in working order. Already the results have been most satisfactory, and there is every indication of a yield of the precious metal that will aston- ish the world and revolutionize mining in northern British Co- lumbia, which had hitherto been conducted in a somewhat crude fashion. The recognized and greatest authority on min- eralogy in Canada, Dr. G. M. Dawson, F. R. G. S., who for fifteen years was engaged in exploring British Columbia, says: "The explorations of the Geological Survey of Canada have al- ready resulted in placing on record the occurrence of rich ores of gold and silver in various places scatterd along the entire length of the Cordilleran (Rocky Mountain) region in Canada. * * * Because a mountainous country, and till of late a very remote one, the development of the resources of British Colum- bia has heretofore been slow, but the preliminary difliculties having been overcome, it is now, there is every reason to be- lieve, on the verge of an era of prosperity and expansion of which it is yet difficult to foresee the amount or the end. * * * Everything which has been ascertained of the geological character of the Province, as a whole, tends to the belief that so soon as means of travel and transport shall be extended to what are still the more inaccessible districts these also will be discovered to be equally rich in minerals, particularly in pre- cious metals, gold and silver." The total output of gold since its first discovery in British Columbia, even before new mineral districts were opened up by the Canadian Pacific Railway, was estimated at $60,000,000. It is now far in excess of this. Silver has been discovered in several places, and its further discovery will probably show that it follows the same rules as in Nevada and Colorado. The best known argentiferous lo- cality is the West Kootenay, from whose mines it is estimated between $2,000,000 and $3,000,000 in ore were shipped with- in the past year. Railroads in this section are opening up 40 1 1' 6a6 BRITISH COLUMBIA. the country and several new smelters have been erected and are in operation, smelting the ore in close proximity to the mines. There can be no doubt that the output will be largely on the increase as development work shows more ore in fight every day. Great iron deposits exist on Texada Island, and copper de- posits have been found at several points on the coast of the mainland, Howe Sound, Jarvis Inlet, the Queen Charlotte Is- lands and other points. Cinnabar and platinum have been found in small quantities during the process of washing gold. A ledge of cinnabar, found on Kamloops Lake, is operated by the Cinnabai Mining Co. The true vein is reported as being fourteen inches thick, and there appears to be a large scattered quantity besides. Assays give a high percentage of mercury, and the mine, which is now being actively worked, is pronounced to be a very- valuable one. In Alberni District on the west coast of Vancouver Island a considerable amount of work is in progress. Numerous quartz veins have been discovered and are being opened up; a mill run from one of these claims gave a yield of $30 per ton. In the same district two hydraulic claims have commenced work on China Creek with every prospect of success. Bituminous coal has been extensively worked for many years past at Nanaimo, on Vancouver Island, at which place there are large deposits, and indications of coal have been found at several other places on that island. Several seams of bituminous coal have been discovered on the mainland and the New Westminister and Nicola districts, and other indications of coal have been found in many parts. The same formation exists on the mainland as on the island, and the New Westminister and Nicola coal beds are probably small portions only of a large area. A most phenomenal discovery of coal has been made in the Crow's Nest Pass of the Rocky Mountains. Here no fewer than twenty seams are seen to outcrop, with a total thickness of from 132 feet to 448 feet. Anthracite coal is now being extensively mined at "Anthra* cite," on the line of the Canadian Pacific Railway, just outside British Columbia, and some comparing favorably with that of Pennsylvania has been found in seams of six feet and three feet in Queen Charlotte Island. Fragments of anthracite have :ted and f to the e largely in tight pper de- t of the lotte Is- vt been I gold, operated orted as a large ntage of drked, is Island a s quartz a mill ton. In ed work ny years ce there found at MINING DISCOVERIES. been picked up oa mv.«i *^ CaHK T^. ^^^^BOO DISTRICT. Cariboo District r l enormourcora„rr'""'^ «°"fi«ed to L"' ^^^^o^tion. -« heavy mlchL " "'°'' •"^"Perable d/fficuhiL T^'' ''»« n^ost primit,vr , ^ necessitating the Vmii ^ t^nsport- fnll Sr , appliances in miniL ru ^'^^^^^^'nent of the »"ii development of th^ "»'n'ng These obstacles to tu of Cariboo have K*- , ^arvelously rich - u ^ ^^^^ recentlv k-^ • "^^ 'he work nf ^""^" Columbia, recently been vigorously and ex7JZ; , ^^^e^opment has ""r Q„e,„e,„ La^^- fj"^"'^ °' the Upper Fraser R "^ Canboo Hydraulic M „ 1° c„ " "' """" ''"•" Ashcrof, ,r: «^ater by seventeen miles of HJf«u- "^ Purposes, convevin* hydraulic ..;U^;"'~^ ».»" a bottom of U'n ^^ *'? » ' '• " ■»°'""'"- carrying a thr 2\'!!l'"» '»- »' monitors, carrying a :rr:^'rd::5tt 638 BRITISH COLUMBIA. head of hydraulic pressure that will easily disintegrate gravelly conglomerate wherein the gold of the mine is contained, and the Montreal Hydraulic Gold Mining Company, which is de- veloping its claims rapidly and with excellent results. At Slough Creek, Willow River, Antler, Cunningham, Big Valley, and other creeks, and at Barkerville on the richest of all known creeks in the world, from which $25,000,000 was taken in two miles distance in early days (and now being at enormous ex- pense opened up to work by the Cariboo Gold Fields Company, with a hydraulic elevator). THE MINERAL WEALTH OF BRITISH COLUMBIA. A paper read before the Royal Colonial Institute, March 14th, 1893, by Dr. G. M. Dawson, C. M. G., F. R. S. For fifteen years or more I have been engaged in the ex- ploration and geological examination of British Columbia in connection with the Geological Survey of Canada, and have thus enjoyed the opportunity of traversing and inspecting a large part of this province of Canada. The information gained has been embodied in a series of official reports, published from year to year, and it is only because it may be assumed that such reports are seldom read that I can venture to hope that what I have to say may possess some interest or novelty at the present time. Less than one hundred years ago, the region now named British Columbia was wholly unknown. At about that time its coast began to be explored in some detail by Cook, Vancouver, and other navigators, and soon after, this coast became the re- sort of a certain number of trading vessels in search of furs; but none of these adventurers acquired any knowledge of the in- terior of the country. Almost simultaneously, however, the ex- plorers and traders of the Northwest and Hudson's Bay Com- panies, pushing on and extending their operations from point to point in the interior of the North American Continent, began to enter the hitherto mysterious region of the Rocky Mountain from its inland side. Mackenzie was the first to reach the Pa- cific, and following him came Fraser, Thompson, Campbell, and others, all Scotchmen in the service of these trading companies, till by degrees several trading posts were established, and "New MINING DISCOVERIES ing .ha, h.rhrd v. " """"" --"ourc" Lh'" P'°"«" of «"'•■ journey, o„ "'""'<' <""'~ottn Lt *""""" """ox- panics acroM a "„""'"'-«« -e are at'p^e^'^f"*" '"" of in- a "'ur coun,ry .' ,'li''" *'"' *» now Bri,i,h T„T T'"""'- I' "' ~ai upon ta c„a,, w» "'""• '<" ""^ tears'" tJ' ""-""• "' 'he Hudson's B=v ^ "agnized by D, ?;, *" "i««nce ""'crops from"„° ,7.' "'« actually ^btoin.f', '"" ""»■«'• ■-•onipanys pos,s „„ ° ""' '"' ">• use of m. 1. '"'" "a"""' •o 'he disc^e^."" '"pounce appear? t^' h'.'^f ™'"«a « 'he - eto^->"«. ^as^TXVd^ r? -"--u" "-rrK sV^°" "" " ^^-- of-co- - «en. deytpLm ':S', '""'««'• » i"s,ifi'aW. 'a,'!,? T" • '•"^'■■'« "y of gold oe" ■ r^H " '"""'"• Two years /•'""" ™''.e. '°™ing par, „° B„"'l r ,"" »"«" CharbUe " j:,' ".*'"'- '"5 episode by i,se" bu. ° r"''- ^•■- -„stou,es ^t """ '* 'or a time nn „ u ' *"ourking exist- itself. likely wealth e such within ed has :ins, it drawn ict has efficient praise- levelop- DC done 1 better Ifar baf- 1 British Ising it )endent colony, and subsequently to that of a province of Canada, there remained a gap to be bridged in order that the province should begin to realize its proper place among the mining regions of the world. It was necessary that railways should be con- structed to convey machinery and carry ores, as well as to bring to the metalliferous districts men who would not face the hard- ships of pioneer travel in the mountains, but who are in a posi- tion to embark the necessary capital in promising enterprises.* For a portion of the province the construction of the Cana- dian Pacific Railway has afforded these facilities, but by far the larger part still awaits railway communication. Had the Canadian Pacific Railway, in accordance with some of the sur- veys made for it, traversed, for instance, the Cariboo district, there can be no doubt that we should have already been able to note great developments there. This railway has, however, been constructed across the southern portion of the province, and in its vicinity, and concurrently with its progress, new min- ing interests have begun to grow up, of which something must now be said. Before tttrning to these, however, I must ask to be al- lowed to say a few words respecting the development of the coal mines of British Columbia, which was meanwhile in progress. The discovery of coal upon the coast, at an early date in the brief history of British Columbia, has already been alluded to. Following this discovery, the Hudson's Bay Company brought out a few coal miners from Scotland, and proceeded to test and open up some of the deposits. Thus, as early as 1853, about 2,000 tons of coal were actually raised at Nanaimo. San Francisco already began to afford a market for this coal, and the amount produced increased from year to year. The prin- cipal coal mining district remained, and still remains, at Na- naimo. on Vancouver Island. At the close of the year 1888, about four and a half million tons in all had been produced, and the output has grown annually, till in 1891 over a million tons were raised in one year. California is still the principal place of sale for the coal, which, by reason of its superior qual- ity, practically controls this market, and is held in greater esti- mation than any other fuel produced on the Pacific slope of North America. The local consumption in the province itself grows annually, and smaller quantities are also exported to the I 11:, m tli 6^ BRITISH COLUMBIA. Hawaiian Islands, and to China, Japan, and other places. In the various ports of the Pacific Ocean the coal from British Co- lumbia comes ipto competition with coal from Puget Sound, in the State of Washington, which, because of the high protective duty established by the United States, is enabled to achieve a large sale in California notwithstanding its inferior quality. It also has to compete with shipments from Great Britain, brought out practically as ballast, with the coals of Newcastle in New South Wales, with coal from Japan, and in regard to the Pa- cific ports of the Russian Empire, with coal raised by convict labor at Dual, on Saghalien Island, in the Okotsk Sea. Though Nanaimo has been from the first the chief point of production of coal, work has been extended within the last few years to the Comox district, also situated on Vancouver Island; while other promising coal-bearing tracts have been in part ex- plored and examined on this island and on the Queen Char- lotte Islands. These particular coal regions, bordering on the Pacific Ocean, have naturally been the first to be employed, but they by no means exhaust the resources of the province in respect to coal. Deposits of good bituminous coal are also known in the inland region, and some of these in the vicinity of the line of railway are now being opened up, while others, still tar from any practical means of transport or convenient market, have been discovered, and lie in reserve. One of the most remarkable of these undeveloped fields is that of the Crow's Nest Pass, in the Rocky Mountains, where a large number of superposed beds of exceptional thickness and quality have been defined. Besides the bituminous coals, there are also in the interior of the province widely extended deposits of lignite coals, of later geological age, which, though inferior as fuels, possess consid- erable value for local use. In the Queen Charlotte Islands anthracite coal is found, but has not yet been successfully worked; and in the Rocky Moun- tains, on the line of the Canadian Pacific Railway, coal of the same kind again occurs, near Banff and Canmore stations. The places last named lie just beyond the eastern borders of British Columbia in the adjacent district of Alberta, but require men- tion in connection ith the mineral resources of the province. The coals of British Columbia may, in fact, be said to rep- MINIKG DISCOVERIES. 637 s. In h Co- ad, in ective ieve a ty. It rought I New le Pa- ;onvict Dint of 1st few Island; >art ex- i Char- Pacific ut they respect Lown in the line still far market, e most Crow's iber of been »rior of >f later I consid- id, but Moun- of the IS. The 1 British le xnen- [ovince. Ito rep- resent, in regard to quality and composition, every stage from hard to smokeless fuels, such as anthracite, to lignites and brown coals like those of Saxony and Bohemia., Many features of interest to the geologist might be mentioned in relation to these coal deposits, did time permit, but it must not be for- gotten to note one principal fact of this kind — the very recent geological age to which all the coals belong. None of the coals of British Columbia are so old as those worked in Great Britain; they are, in fact, all contained in cretaceous and ter- tiary rocks. The v^ry general distribution of coals of various kinds in different parts of the province is of peculiar importance when considered in connection with the building of railways and the mining and smelting of the metalliferous ores. It insures the most favorable conditions for the development of these ores, to some further examination of which we must now return. It is especially worthy of note that, wherever in the United States the Rocky Mountains or Cordilleran region has been traversed by railways, mining, and paricularly that of the pre- cious metals, has immediately followed. It appears to require only facilities of transport and travel to initiate important min- ing enterprises in any part of this region. The building of the Canadian Pacific Railway across the southern part of British Columbia, with the construction of other railway lines in the neighboring states, near the frontier of the province, have al- ready begun to bring about the same result in this new region, which, till these railways were completed, had remained almost inaccessible. It had long before been resorted to by a few placer miners in search of alluvial gold, and their efforts were attended with some success. Silver-bearing lead ores were also found to occur there, but under the circumstances existing at the time these actually possessed no economic value. It was impossible to utilize them. In 1886, some prospectors, still in search of placer gold only, happened to camp in a high mountainous region which has since become familiarly known as Toad Mountain, and one of them, in seeking for lost horses, stumbled on an outcrop of ore, of which he brought back a specimen. This specimen was afterwards submitted to assay, and the results were such that the prospectors returned and staked out claims on their discovery. The ore, in fact, proved to contain something like BRITISH COLUMBIA. $300 to the ton in silver, with a large percentage of copper and a little gold. In this manner what is now known as the "Silver King" mine was discovered, and, as a consequence of its discovery, the entire Kootanie district, in which it is situated, began to be overrun with prospectors. Hundreds of these men, with ex- perience gained in the neighboring states of Montana and Idaho, as well as others from different parts of the world, turned their attention to Kootanie. The result has been that within about five years a very great number of metalliferous deposits, chiefly silver ores, have been discovered, and claims taken out upon them. Several growing mining centers and little towns have been established; roads, trails, and bridges have been made, steamers have been placed on the Kootanie Lake and on the Upper Columbia River, and a short line of railway has been built between the lake and river to connect their navigable waters. The immediate center of interest in re- gard to mining development in British Columbia has, in fact, for the time being, been almost entirely changed from the prin- cipal old placer mining districts to the new discoveries of silver- bearing veins. So far as they have yet been examined or opened up, the metalliferous deposits of the Kootanie district give every evi- dence of exceptional value. They consist chiefly of argentifer- ous galena, holding silver to the value of from $40 to $50 to sev- eral hundred dollars to the ton. Nelson, Hot Springs, Caslos- locan, Illecillewaet, and Golden are at present the principal recognized centers in the new district, but it would be rash as yet to attempt to indicate its ultimate limits. Though much has already been done in the Kootanie district, two principal causes have tended to prevent the more rapid growth of substantial mining up to the present time. The first of these is the difficulty still existing in respect to the local transport of large quantities of ores; the second, the ex- aggerated values placed by discoverers upon their claims. While it is evidently just that the prospector should receive an ample remuneration for his find, it is to be noted that the laws of British Columbia are so liberal that he (whatever his nation- ality) may, at a cost scarcely more than nominal, hold and es- tablish his claim, even though he may be practically without means of developing it. Such development in all cases re- MINING DIbCOVERIES. 6» quires the expenditure of considerable sums, and this must al- ways be of a more or less speculative character, while, even if thus fully proved, it becomes further necessary to incur an ad- ditional large expenditure in plant and mactiinery before any property reaches the status of a going concern. Scarcely an instance can be quoted anywhere of a mine which has paid its own way from the "grass" down, but almost every prospector is fully convinced that his claim is precisely of this kind. I have been unable to say anything in detail in regard to the actual modes of occurrence of the ores now being brought to light in the Kootanie district and their geological relations. Neither is it practicable, on the present occasion, to pursue in further detail the history or description of other districts of the province in which more or less good work of a preliminary kind has been done in the development of metalliferous deposit* of various kinds. Okanagan, Kock Creek, Nicola, Similkameen, the North Thompson, and Cayoosh Creek can only be named. It has been possible merely to endeavor to indicate in broad lines what has already been done and what must soon follow. Within a few years this province of Canada will undoubtedly hold an important place in the list of quotations of mining stocks in London and elsewhere, and then the further develop- ment of its mines will become a subject of common interest from day to day. In conclusion, I wish to draw attention to one or two ruling features of the actual situation which are too important to be left without mention: — The Cordilleran belt, or Rocky Mountain region of North America, forming the wide western rim of the continent, has, whenever it has been adequately examined, proved to be rich in the precious metals as well as in other ores. This has been the case in Mexico and in the western states of the American Union. Though some parts of this ore-bearing region arc undoubtedly richer than others, generally speaking it is through- out a metalliferous country. The mining of placer or alluvial gold deposits has in most cases occurred in advance of railway construction; but this industry has always proved to be more or less transitory in its character, and has almost invariably been an indication of future and more permanent developments of a different kind. Placer gold mining has, in fact, often been continued for years and then abandoned, long before the gold i «r 4Slo BRITISH COLUMBIA. I' I I and stiver bearing veins in the same tract, of country have been discovered and opened up. This latter and more permanent phase of mining has followed the construction of railways and roads, and the series of conditions thus outlined are repeating themselves in British Columbia to-day. There is no reason whatever to believe that the particular portions of British Columbia now for the first time opened to mining by means of the Canadian Pacific Railway, are richer in ores than other parts of the province. Oh the contrary, what has already been said of the Cariboo district affords prima facie evidence of an opposite character. The province of British Columbia alone, from southeast to northwest, includes a length of over 800 miles of the Cordilleran region; and, adding to this the further extension of the same region comprised within the boundaries of the Dominion of Canada as a whole, its entire length in Canada is between 1,200 and 1,300 miles. This is almost identical with the whole length of the same region con- tained within the United States, from the southern boundary with Mexico to the northern with Canada. Circumstances have favored the development of the mines of the Western States of the Union, but it is, as nearly as may be, certain, that the northern half of the similar region will eventually prove equal in richness to the southern, and that when the mines of these Western States may have passed their zenith of productiveness, those of the north will be still increas- ing in this respect. The explorations of the Geological Sur- vey of Canada have already resulted in placing on record the occurrence of rich ores of gold and silver in various places scat- tered along the entire length of the Cordilleran region in Can- ada, and though so far we have to chronicle only an awakening of interest in the southern part of British Columbia, these dis- coveries stand as indications and incentives to further enter- prise to the north. While the remote and impracticable character of much of this northern country places certain obstacles in the way of its de- velopment, on the other hand the local abundance of timber and water power in it afford facilities unknown in the south, which will be of importance whenever mining operations have actually been set on foot. No attempt has been made in this brief sketch of the mineral wealth of British Columbia to enumerate the various ores and MINING DISCOVERIES. 641 been inent and ating icular ed to ler in what I facie British length to this in the entire rhis is >n con- lundary of this its de- timber south, have minerals which have so far been found within the limits of the province in any systematic manner. Nothing has been said of the large deposits of iron, from some of which a certain amount of ore has already been produced, and which wait to realize their true importance, merely the circumstances which would render their working on a large scale remunerative. Copper ores have also been discovered in many places. Mer- cury, in the form of cinnabar, promises to be of value in the near future, and iron pyrites, plumbago, mica, asbestos, and other useful minerals are also known to occur. In late years platinum has been obtained in alluvial mines in British Co* lumbia in such considerable quantity as to exceed the product of this metal from any other part of North America. While, therefore, the more important products of this west- ern mountain region of Canada are, and seem likely to be, gold, silver, and coal, its known minerals are already so varied that, as it becomes more fully explored, it seems probable that few minerals or ores of value will be found altogether wanting. Respecting the immediate future of mining, which is the point to which attention is particularly called at the present time, it may be stated that coal mining rests already on a sub- stantial basis of continued and increasing prosperity; while the work now actually in progress, particularly in the southern part of the province, appears to indicate that, following the large output of placer gold, and exceeding this in amount and in permanence, will be the development of silver mines, with lead and copper as accessory products. The developments of these mining industries will undoubtedly be followed by that of auriferous quartz reefs, in various parts of the province, while all these mining enterprises must react upon and stimulate agri- culture and trade in their various branches. Because a mountainous country, and till of late a very re- mote one, the development of the resources of British Colum- bia has heretofore been slow, but the preliminary difficulties having been overcome, it is now, there is every reason to be- lieve, on the verge of an era of prosperity and expansion of which it is yet difficult to foresee the amount or the end. Imineral and res M 41 MINING INFORMATION. I The Mining and Scientific Press tells editorially how a ten- derfoot should hunt for gold. The first thing that an inexperienced miner going to the Yukon should do is to visit the State Mining Bureau museum and acquire as far as possible an acquaintance with the appear* ance of the commoner varieties of the rocks. He should so familiarize himself as to be able to recognize granite, sand* stone, limestone, slate, serpentine, schist, diorite, diabase, talc, trap, dolerite, dolomite and porphyry. It is not anticipated that he could become infallible in recognizing these rocks, but he should be able to successfully recognize them in the major- ity of instances. The ability to recognize gold, mica, pyrite, chalcopyrite and galena is also advantageous. On the ground, and presuming all the possible ground of the Klondyke placers already appropriated, the attention of the miner should be first given to unproven possible ground in the valleys of streams adjacent to those in which gold has already been found, and to the valk. of streams which head in the same hills or mountains as do these known gold-bearing streams. It is possible for the lode system which has enriched one stream to have been cut by the drainage basin of another, so that tt has enriched them as well. In the Yukon, as elsewhere, the mountain uplifts have resulted in forming fissured and frac- tured zones in the rocks which have filled with the gold ores, These, if on one side of a mountain, are apt to be duplicated on the other, and. though neither can be seen, both can be in- ferred from the discovery of gold on one side of the drainage. It is justified to look for gold on the other side as well. As an additional guide the gravel rock fragments in the gold- bearing stream shoitld be compared with that being prospected. If the two contain identical rocks, and particularly if they both contain quart?, diorite, diabase or porphyry pebbles, it is worth the chance to extend the prospecting, even if the first efforts disclose no gold. When gold is found in several claims in the s.ime valley the direction of the line of deposit should be noted and the first prospecting should be done in that line as being the most probable one for the placer. The gold produced by the several claims going up stream should be compared both in (642) MINING INFORMATION. 643 a teii" the iiseum .ppcar- iild so sand* J, talc, sipated ts, but major- pyrite, of the of the in the already in the treams. stream that it ire, the frac- ores. licated be in- inage. gold- )ected. both worth lefForts lin the noted beiti? ted by loth lit totdl quantity and size of Rrains. With the data of this com- parison it is possible to reason out the locus of the richest ground, and also to know when the lo'de source of the gold IS being approached. Coarse gold, gold with attached quartz fragments and rough gold all indicate that the source is comparatively close at hand —that a point is being reached beyond which there will be no placer. The Russians, in their mining of the Siberian placers, failed generally to recognize the lode sources of the gold, and in many instances carried their prospecting for placers miles up stream beyond the lodes from which the gold came. There is no reason for American miners making the same mistake. An- other indication of nearness to lodes, is the presence of rough fragments of pyrite, chalcopyrite or galena. Even if these last do not lead to gold-bearing lodes, they may lead to valuable lodes of copper or lead. Generally anything heavy that is found in the mining should be determined. Silver, quicksilver, tin, and nickel ores and platinum are all worth considering, even in Alaska. The pos- sibility of their occurrence should not be lost sight of, the more particularly as their discovery is only to be made by following up the stream indications. The covering of snow over the sur- face for seven months of the year, the coveriTi!< of moss for the other five months, precludes the possibility of prospecting by the ordinary surface methods. Where it is necessary to prospect without the guide of dis- coveries already made adjacent, almost total dependence must be placed on the character of the pebbles in the gravels uncov- ered in prospecting. If much quartz be found, even though no gold at first, it is advisable to cover the possible ground for a placer pretty thoroughly before abandoning it finally. As a general proposition it will prove very advantageous for a dozen or more miners to co-operate in making a systematic exploration of unknown ground. Work can be done cheaper, faster, and surer than by the same men acting independently. Co-operation admits of increasing the tool outfit by a black- smith shop and drill outfit. Powder can be used and the pros- pect holes sunk through the frozen ground much faster than by fire. Prospecting can be spread over a much larger area by co- operation than by the same men each acting for himself. Co- f il. if' til 'H :f» ^i ..» ',r' '4\ H / ". iPii ^ * < «44 MINING INFORMATION. operating, once the gold lead is found, the whole company are in a position to intelligently secure a valuable claim for each member and to get the claims so connected that they can be economically exploited as one property. It must be remem- bered that the present cumbersome method of exploitation will toon be replaced by quicker and better ones, admitting of the profitcble working of the ground now left unworked, and dis- tinctly advantageous to large claims, compared with small ones. For practical methods of placer mining see Wm. Oglevie's reports ante page 590. HOW TO TEST MINERALS. LEAD. — Take a small quantity of powdered ore, about as much as will remain on the end of a penknife. Mix this with a pinch of carbonate of soda into a paste. Place in the small hole in the charcoal, turn on the flame of the blowpipe, and fuse in the inner flame. A yellow incrustation with a metal- lic button of lead will result. ANTIMONY. — Proceed iu the same manner as directed for the lead test, using the inner flame. A white incrustation with a brittle button of antimony will be the product. ZINC— Take the powdered ore and make a paste with the carbonate of soda. Fuse, cool, and moisten the incrustation with a drop of nitrate of cobalt. Heat with the blowpipe again in the outer flame. If a green color is produced, zinc is pres- ent. COPPER. — Mix a small quantity of the ore and carbonate of soda into a paste and fuse this in the inner flame. Scrape it from the charcoal with a knife, and rub it in a mortar with a little water. Pour this into a tube, and after it has settled pour off the water. If there is copper, red scales will be seen. ARSENIC. — Heat in the inner flame of the blowpipe any compound of arsenic and it will give off an odor of garlic. TIN. — Mix a small quantity of the powdered ore with a small quantity of cyanide of potash and water. Fuse on the charcoal. This will reduce the substance to metallic globules of tin. SILVER. — Make a paste of the ore and soda. Add a small piece of metallic lead; fuse this into a button, and then cool. Make a second paste of bone ash and water mixed to an even "OW TO TEST MINERALS. consistency. After it has h, *^* li **" ,^'°P» o' nitric acid fhfn ^ ''^ '" *» «'«»« test tibe >t has dissolved t* *i. '. "*" *^«at over a smVit u ' "•ir„r\- """''•"''•=■""•= quantity of carbonate ^^^H '^"''"*'*^ °' *»^« ore and th. charcoal .„d Partially 0*^1™". "J?"""]: "' "<'»"''«<' or. „„ ,h, ALUMINUM._P,„ "^" '"' P"'"" <" mag„„i.. """■ LIME.-M'h,„ pulvemcd .!i Presence of aluminura -™Sra°o\«rs:,vn«--= - — ore o„ quantity of alcohol ..,j J . " *"'™ water ahj " sulphur"-'" ~'°''- "'" •" ' BISMUTa-Ma:-"a"-" "" ='^" "Vc'c"" '"' "■"" "'■"• ionate of s„da. F„' or? "' "" P<»«"«n meltinir 't about half full «/ u -^^^^e a clean ir«« '"c'nngr »Poon from the fir. T' ^"^ '«« th. „' ", p "'°°"- «» 'irir ^^- "°'^"" wi?, :5:erhr?^- ^™'™wn' CrOMX-'uKra cea ^ ""''"'" ;---of.daand^nit:e"r:r-Th.-,:-r "4 €-.6 MINING INFORMATION. OUTFIT NECESSARY FOR THE FOREGOING TESTS. — One blowpipe, one spirit lamp, half dozen glass test tubes, four ounces of carbonate of soda, two ounces of borax, two- ounce bottle of nitric acid, two-ounce bottle of sulphuric acid, two-ounce bottle of muriatic acid, live-ownce bottle of ammonia, six-ounce bottle of alcohol, one ounce of nitrate of cubalt in solation, one ounce of sulpho-cyanate of potash, half ounce yellow prussiate of potash, half ounce red prussiate of potash, one sheet filtering paper. GOLD. — Powder; roast if sulphurets are present; grind very fine and wash in pan or spoon; examine with lens; yellow par- ticles not soluble in nitric acid. The color of pure gold is bright yellow, tinged with red. Gold may be distinguished from all other metals or alloys by the following simple traits: It is yellow, malleable, not acted on by nitric acid. SILVER. — Pure silver is the brightest of metals, of a beau- tiful white color, and rich luster. CHLORIDE OF SILVER.— If suspected in a pulp, harshly rub a bright and wet copper cartridge thereon. If a chloride or chloride-bromide of silver, it will whiten the copper. Graph- ite will thus whiten copper or gold, but can be rubbed off. COPPER. — After roasting pulp, intimately mix and well Icnead with a like quantity of salt and candle grease, or any other fat, and cast into the fire, when the characteristic colors — first blue, then green — will appear. This copper test is best made at night. GALENA. — Black zinc-blende is often mistaken for galena. The two may be distinguished by this infallible sign: the pow- •der of galena is black; that of blende, brown or yellow. MINING TERMS. Absolute Temperature— T-^mperature reckoned from —459** Fall.. -273° c. Adverse — To oppose the granting of a patent to a m ning claim. Aerophone — A respirator in the form of a tank receiving the ex- halatiors from the lungs, which contains chemicals designed to revive the air and render it fit for re-breathing. Used by rescuers after mine accidents. -After-damp — An irrespirable gas remaining after an explosion of fire-damp. j\ir-shaft— A shaft for ventilation. MINING TERMS. 647 STS. ubes, two- acid, aonia, cobalt ounce >otash, d very w par- rold is ruished traits : a beau- harshly chloride Graph- b ed off. nd well or any colors is best galena, he pow- f> Fab.-. Ig claim. the ex- lesij?ned Used losion of Aliaceous — The odor of garlic; given oflf by mispickel. Amalgam — The mechanical combination of quicksilver with gold or silver. Anemometer — An appliance for measuring the velocity of an air current. . Anorthite — Lime feldspar. Anticlinal — A fold of the rock or strata, convex upward. The opposite of synclical. Apex — The top or highest part of a vein. Arch — A part of the gangue left standing for support. Arenaceous — Sandy; applied to rocks. Argentiferous— Silver-bearing. Argillaceous — Containing clay. The odor of wet clay. Artesian Wells — Holes bored through solid strata and often overflowing. Ascension — The theory that the matter filling fissures was in- troduced below. Assay — A test of mineral to determine quality or quantity. Assay Ton — A weight used by assayers containing 29,166 milli- grams. As a ton of 2,000 pounds of ore contains 29,166 troy ounces, it follows that each milligram in the assay button equals one ounce of metal to the ton of ore. Assessment — Percentage levied on the capital stock of a com- pany; annual work required by law on a mining claim. Attle — Waste rock. (Cornish.) Auriferous — Gold-bearing. Azoic — Without life. B.ack — The r')of of a drift, stope or other vrorking. Bal — A mine. (Cornish.) Balance-bob — A heavy triangular truss, the long horizontal arm of which supports a weight at one end ballasted to balance the weight of pump-rods at the other. Barrier Pillars — Pillars larger than the ordinary, left at stated intervals to prevent the crushing of the roof from extending beyond the section inclosed by them. Bar Timbering — A system of suj)porting a tunnel roof by long top bars while the whole lower tunnel-core is taken out, leav- ing an open space for the masons to run up the arching. Under certain conditions the bars are withdrawn after the masonry is completed, otherwise they are bricked in and not drawn. I'ln ! ■ h 648 MINING INFORMATION. ! 8 Base Bullion — Lead combined with other metals after smelt- ing cast in an ingot. Base Metals— All met.ils except gold, silver, mercury and the platinum group, which are termed noble metals. Battery — Generally applied to a set of five stamps. Bearlng-up Stop— A partition of brattice or plank that serves to conduct air to a face. Bed — A horizontal seam or deposit of ore. Bed Rock — Solid rock outcropping at surface or underlying al- luvial and other surface formations. Belt— A range of metal-bearing rocks. Bench — Used to express the artificial divisions in the process of mining; also a terrace at the outcrop of a seam. Bitter Spar — Crystal dolomite. Black-damp — Carbonic acid gas. Black Jack — Zinc-blende. Zinc sulphide. Blankets — Blankets, carpets and other fibrous material used for catching precious mineral in a wet process. Blast — The operation of forcing air by blowing. Rending rock by explosives. Blende — An ore of zinc, consisting of zinc and sulphur. Blind Drift — A horizontal passage in a mine not yet connected with other workings. Blind Lode — A vein without an outcrop. Blossom Rock — Outcrop of a vein indicating presence of min- eral (Gossan), (Iron Hat). Blow Out — A spreading outcrop. Blower — A discharge of gas from coal ; also a fan for forcing air into a mine. Bonanza — A large body of paying ore. Booming — A kind of placer mine where the water is accumu- lated in a dam and let out at intervals, so as to use its cut- ting power in the form of a torrent. Boom Ditch — The ditch from the dam used in booming. (2) A slight channel cut down a declivity into which is let a sudden head of water intended to cut to bed-rock and pros- pect for the apex on underlying lode. Borraska — Reverse of bonanza. Out of pay. Brace — The collar at the mouth of the shaft. Brattice — A canvas or plank partition, nailed to posts longitu- dinally, within a level or shaft to divide the same into two compartments for the purpose of separating two air currents. MINING TERMS. 649 Break-through — Narrow passage cut through a pillar connect- ing rooms. Breast — The heading of a drift, tunnel or other horizontal work- ing. Breasting Ore — The ore taken from the face or end of a tunneU drift or stope. Breccia — A conglomerate of angular fragments. Brittle Silver — Stepanite. A sulphide of antimony and silver containing 68.5 per cent silver, with the antimony variable. Sometimes contains iron, copper and arsenic; variable in color, hardness and specific gravity. Broaching — Trimming or strengthening a working. Buddie — The tub or machine used to wash slimes and separate the gangue from the mineral. Buddling — Separating gangue from mineral by washing. Bulling Bar— An iron bar used to pound clay into the crevices crossing a bore hole, which is thus rendered gas-tight. Bullion — Ingots of gold or silver ready for the mint. Bunch — A rich pocket of ore. Buntons — Timbers placed horizontally across a shaft. They serve to brace the wall plates of the shaft lining, and also, by means of planks nailed to them, to form separate com- partments for hoisting or ladder-ways. Bumping-table — A concentrating table with a jolting motion. Button — The globule of metal, the result of an assay. Cache — A place where a prospector's provision or outfit is buried or hidden. (French.) Cage — A mine elevator. The frame to hold the bucket or car. Calamine — An ore of zinc. Lapis Calaminaris. Cam — The curved arm which raises the stamp in a mill. Canon — A narrow valley; termed box canon when the sides are perpendicular. (Spanish) Pronounced cartyon. Cap — A vein is in the "cap" when it is much contracted, or of no value. Cap Rock — The rock overlying the ore or vein. Carbonate — Applied to oxides, when carbonic acid is united. Carbonates — Ore containing a 'considerable proportion of car- bonate of lead, often rich in silver. Soft carbonates have lead for a base. Hard carbonates have iron for a base — an ore of lead and silver. Casing — The tubing of a well-hole to prevent caving. Th^ sheathing or parting between the wall and vein. f "■f I i. '■' II I :■!• \ 4so MINING INFORMATION. ' > \i ' 1 •I < 'If 'm 6S2 MINING INFORMATION. Dam— A bulkhead. Day Shift — The gang of miners working during the daytime. Night shift, working nights. Dead Quartz — Quartz carrying no mineral. Dead Riches — Base bullion. Dead Work— Work that is not directly productive, as opening up a mine. Debris — Fragments of rock; mine refuse. % Deep — The lower portion of a vein. Denouncement— The Mexican and Spanish equivalent to "Lo- cation^nd Record" of a claim. Deposit — Ore bodies not confined to a lode. Descension — The theory that the material filling veins came in from above. Diggings— Name applied to placers being worked. Dike — A fissure made and filled by plutonic action. Its rock is most commonly porphyry. It is often barren, but in some cases mineralized, or may carry a mineralized selvage and so appear as the wall of a lode. Divide — Any continuous range of mountains from which the streams flow in opposite directions. The Rocky Mountains are called The Great Divide. Diluvium — A surface deposit of sand, gravel or loam. Dip — The slope or pitch of a vein or mine, with regard to the plane of the horizon. Ditch — An artificial water course dug in the earth; a flume or canal. Divining Rod — A stick of witch hazel or other like device used in prospecting for lodes. Down-cast — A ventilating shaft with descending current of air. Druse — A cavity lined with crystals. Drag — The point of union of two veins which meet without intersecting. Drift — A tunnel : a horizontal passage underground, driven on or along t^ic vein. Driving — Extending excavations horizontally. Drum — The cylinder on which the hoisting cable is wound. Dump — A place of deposit for ore or refuse. Dumb-drift — A gallery which conducts the air around a venti- lating furnace to the upcast shaft. Dyke — A wall-like mass of mineral foreign to the general for- mation. MINING TERMS. 653 tnd. Iventi- ll for- Eivan Course— A plutonic dyke. Erosion — The act of being gradually worn away. Thus valleys are made by running water. Escrow— A conditional deed delivered to a third person. Exploder — A chemical employed for the instantaneous explo- sion of powder. Exploitation — Working of a mine; amount of work done. Eye — The hole in a pick or hammer head for receiving the handle. The top of a shaft. Face — The end of a drift, tunnel or slope. Fathom — Six feet square; a fathom of ore is six feet long, six feet high, the width of the vein. Fault — The displacement of a stratum or vein so that they are not continuous. Feeder — A small vein joining a larger one. Feldspar — A vitreous crystalline constituent of granite, gneiss, porphyry and many other rocks. Ferruginous — Relating to iron. Fire-damp — A carburetted hydrogen gas, inflammable and spe- cifically lighter than air. Fire Setting — The process of exposing very hard rock to in- tense heat, rendering it thereby easier of breaking down. Fissure Vein — A crack or cleft in the earth's crust filled with mineral matter, both walls having sarae geological forma- tion. Float — Loose ore or rock detached from the original formation and found below it. Float Gold — Fine particles of gold tiuTicult to precipitate or amalgamate. Flour Gold — Gold in a very fine state of division; difficult to save by ordinary milling processes. Flookan — A soft decomposed cross-course. Floor — The rock underlying a horizontal vein or deposit; the stratum below a mineral bed. Flume — A pipe or trough to convey water. Flux — Substance used to promote the fusion of ores. FoDtwall — Layer of rock immediately beneath the vein. Forfeiture — A failure to comply with the laws prescribing the quantity of work. Formation — A term applied to the country rock traversed by veins. ^54 MINING INFORMATION. Free — A term employed in speaking of metals in ores, as free milling gold or silver ores. Free Gold — Gold uncombined with other substances. Free Milling — Ores containing mineral that will separate from the gangue by simple methods. Free Silver — Silver uncombined with other substances. Freestone — Sandstone easily dressed. Fuse — A tube, ribbon or wire filled or saturated with a com- bustible compound, used for exploding powder. Fusion — The state of melting. Gad — A small pointed wedge. Galena — Lead ore; sulphur and lead. Gallery— A level or drift; applied chiefly to collieries. A level from which the ore has been stoped. Gangue — The substance surrounding and associated with the ore. Gash \ ein— A vein wide at the top and closing at a short depth. Gallows Frame— The frame supporting a pulley over which the hoisting rope passes to the engine. Gateway — Gangway having ventilating doors. Geode — A cavity studded around with crystals or mineral mat- ter; a rounded stone containing such a cavity. Glance — A term applied to the sulphides of some metals. Gneiss — Metamorphic rock, resembling granite. Gold — A metallic element; bright yellow; specific gravity, 19.34; fusing point, 2016 degrees Fahr. Almost invariably found associated with a variable percentage of silver. Symbol Au. Atomic wt. 196.6. One ounce pure gold coined in U. S. dollars is worth $20.67. Gossan— The decomposed matter on or in an ore deposit, com- posed of iron oxide. Gouge — A clayey streak found next to a fissure vein. Grass Roots — A term used where a working is started from, or worked up to, the surface. Granite — A plutonic crystalline rock composed of feldspar, quartz and mica. Gray Copper — Tetrahedrite. An ore containing copper 15 to 45 per cent, combined with iron, zinc, silver, mercury, arsenic and antimony. It varies in color, hardness and specific gravity. Grub Stake — Provisioning a prospector on a bargain to «(hare his discoveries. free com- r, 1934; found )ol Au. U. S. It, com- rom, or pldspar, to 45 larsenic specific «^bare MINING TERMS. 65s Grizzly— A grating used to sort ore according to size. Guide— The timbers nailed to the timbers of a shaft for pur- pose of guiding the cage. Gunboat — A skip; a self-dumping box used in slopes. Hackly — Having a surface of rough points when broken. Hade — The slope of a vein, usually applied to a fault. Hanging Wall— The laying of rock, or wall, immediately over a lode. Heading— Same as Breast; a vein of ore above the drift. Headings— In placer mining, the mass of gravel above the head of the sluice. Heave — The horizontal dislocation of one lode by another. High Explosives— Those of greater detonating force than black powder. Hitch — A ^ hole cut in the wall to hold timbers. Horn — An ox or buffalo horn, halved and used as a pan. Horse — A mass of country rock between the inclosing walls of a vein. To constitute a horse, it is necessary that the walls converge about the mass below and at both ends, but the greatest known horses do not converge overhead. "The two walls coming to the surface are in some instances 1,000 feet apart." Hudpre — An iron bucket for hoisting. Hungry — Barren. Hydraulic Cement — Sets under water. Made from limestone, containing alumina, magnesia and silica. Hydraulic Mining — Mining placer gold with stream of water under pressure. Hydraulicking — Washing down a bank of earth or gravel with pipes conveying water under great pressure. Igneous — Applied to all rocks cooled from a state of fusion. Impregnation — Metallic deposits having undefined limits and form. Incline Drift — An inclined passageway underground. Infiltration — The theory that vein filling was introduced as min- eral water. Injection — The theory that vein filling was introduced by an igneous fluid and solidified. In Place — A vein, or ore, in its original position. Intake — The entry which conducts the incoming air current to the mine. It is synonymous with down-cast. A'- ^ ri' i. ;1 : .1 €56 MINING INFORMATION. In Situ— In fixed place. Original position. Iron Hat— The outcrop of a lode, it being usually colored by decomposition of iron. Jamb — Any thick rock which cuts off the vein. Jig— A machine for concentrating ore by means of water. Jigging — A method of sorting ore by shaking in a sieve in water. Jump — To take forcible possession of a claim. (2) To relocate abandoned property. Lagging — Timbers over and upon the sides of a drift. Laundry Box — The box at the surface receiving the water pumped up from below. Lean — Poor in metal. Ledge or Lead — Mineral ores or gangue within fissure or con- tact veins. Length — A certain portion of the vein when taken on a hori- zontal line. Level — A horizontal passage or drift into a mine from a shaft. Lift — All the mine workings connected with, opened from, and mined out at one level; also the length of pump-pipe be- tween stations. The space between two levels. Litharge — An oxide of lead used in assaying. Lithology — The study of rocks. Geology applies to formations of the earth. Little Giant — A jointed iron nozzle used in hydraulic mining. Live Quartz — A variety of quartz usually associated with min- eral. Loam — A mixture of sand and clay. Location — The successive acts by which a claim is appropri- ated. (2) The claim itself. Lode — Same as ledge or lead. Magma — The liquid matter within the earth, the source of ig- neous rocks. Man-Hole — An opening large enough to permit access between two openings. ' Massive — Not stratified. Without cleavage. Matrix— (Of the lode:) The country rock in which the vein is found. (Of the ore:) The rock or earthy material inclosing the ore; the vein-stone. Matte— A mass, chiefly of metallic sulphides, obtained in the fu- sion of ores. MINING TKRMS. Measures -A term ««,i. ^57 Mill Run-A (est .f .^ , * ^ *" „i„ for ore beneath the stamps of « . MoyJe-A drill o h ^ ^^ £i3'™H£f ■""-«;■•■ -' '■ - i>ative — As aDnli«><-i re«„.a .yZ^l:" "■'""'"°-- -an, .e.a, ^'th baser substances ~ = "^"mpounds of the n, . , or. market are ^ Ort' T"'""-°'"> " Vi 12.2 I.I i*^ I- IIJ& 1.25 ||U ,,.6 < 6" ■ — >■ 0% 9^ 'm / "^J .■» fliotographic Sciences Corporalion 23 WEST MAIN SfREET WnSTIR.N.Y. USUt (716)I72-4S03 ^^ ■-^ ^> V 5^\^ 658 MINING INFORMATION. Ore Reserves— The ore body where exposed ready for sloping. Ore Shute— A large and unusually rich aggregation of mineral in a vein. Distinguished from pay streak in that it is a more or less vertical sone or chimney of rich vein matter extending from wall to wall, and having a definite width laterally. Ounce— Used to designate the ounces of pure gold or silver to the ton of ore. Outcrop— The portion of a vein showing at the suriace. Outlier— Any portion of a group of rocks, lying in a detached position, or out from the main body. Outlet— An exit passage from the mine. Output— The product of a mane. Oxide— A compound of oxygen with other elements. Oxidation— A chemical union with oxygen. Ore Zone— A large deposit of ores or minerals in place. Pan— A hard stratum of earth; a broad, shallow vessel used for washing auriferous gravel. Fanning— The act of separating gold from gangue or gravel by washing. Parting— A joint in the rock, or a crevice in a seam, filled with clay or slate; a thin stratum or layer which separates two formations. Also called a selvage. Patch— A small placer claim. Patio— A yard or court; the space where ore is mixed and amalgamated by tread of horses. (Spanish.) P&tio Process— The Mexican method of amalgamation of silver ores. Pay— Profitable ore. Pay Streak— The richest streak in the vein. Pay Rock— The lode material in which the mineral or pay is found. Phonolite— A grayish, compact, felspathic rock yielding a metal- lic sound after the hammer; clickstone. Phosphates— Prehistoric acid combinations. Pinch— Contraction of the vein. Pipe— An elongated body of mineral, generally in a horizontal plane. Pit— A shallow shaft. Pitch— The slope or dip of a vein. Placer— A deposit of gold or other mineral found in particles in alluvium or diluvium. MINING TERMS. 1 riIl~A good-sized niece of « Prop-A piece of f u P"" *»''«• value of which has norvJ\ """^'"^'^""^ workings th^ P-.C™ A^irzu^rr " «' "'- Pyntes-CWhite) A suIphiT^, • byth.^r'' " *^""f-»™^ from" Jlf^ ■" ""«"»» .h. .^"•".i. i.4 STU^i. -f • P-* '- «»'- Of the gangue of such lodes an^ * '^°'** ^«» applied Z -- -n . .-. no:frrCer;„°:-;r3 4^.^:1 «6o MINING INFORMATION. float, the gangue, or that part of the gangue which indicates the pay streak. In the act of congress it is used with the word rock (quartz or other rock) in the sense of pay rock. Quartzite— A metamorphosed sandstone. A rock containing usually about 98 per cent silica, with a small percentage of foreign materials, principally iron. {Quartz Mining — Any hard gold or silver ore, as distinguished from gravel or earth. ijuicksilver— Mercury, used in sluices to catch gold, also in pans and on copper plates to catch free gold and silver in milling. Quick — (Adjective.) Soft, running ground; an ore or pay streak is said to be quickening when the associated minerals indi- cate richer mineral ahead: also an abbreviation for quick- silver. Rafter Timbering— That form of mine timbering in which the timbers appear like roof rafters. Raise — A shaft or winze which has been worked from below. Range — A mineral bearing belt of rocks. Reacher— A slim prop reaching from one wall to the other. Reamer — An enlarging tool. Reef — ^The outcrop of a hard vein projecting above the surface; also applied to auriferous quartz lodes. Regulator— A sliding door to apportion the amount of air to be admitted into a section of the mine. Refining— The purification of crude metallic products. Refractory — Resisting the action of heat and chemical re-agents. Reserves — Mineral standing in mines between shafts and levels that will pay to extract. Retort— Amalgam after distillation; gold and silver combined with other metals. Rhyolite — A name common to igneous rocks of wavy texture indicative of movement or flowing when in a fluid state. Rib — A pillar of vein matter left to support roof or wall. Riffles — Cross-blocks in a sluice box to catch the gold. Rob — To gut a mine; to work for the ore in sight without re- garding the supports, reserves or any future considerations. Robbing— The taking of mineral from pillars. Roof— -The stratum or rock overlying a deposit, or flat vein. The top of a stope, adit, drift or any horizontal working. Rocker— A small trough with an oscillating motion, used in placer mining. MINING TERMS. Room^A working place in n «« safety Cage-One s..n«i- T^ "* °*' o»^e bed Safety X-mp-^AiaT ;,*'"!*? '^'^^^ «PPi.ance. immediate con*l 7*^ . " ^^'c^ the flam. • ^- Sch>s.-C^,^ i„ „ ^^, '""«•"■»«' «» break usually carrvin. •'■"'"•»'"'<: «>ck win, . . S«d Bag-A wa .Tr'- ;t^r™» "- »' «X''^n.: -••■;:- --. », .i„,„. Shalfr-Fissile arTill. *' *""' w* ■■ i663 MINING INFORMATION. Silica— Silex or quartz. Silicious— Quartz-bearing. Sill — A windlass frame; the floor piece of a timber set. ■Silver— A metallic element; the whitest of metals; specific gravity, xo.53; fusing point, 1,873 degrees; symbol Ag.; atomic weight, xo8. Silver Glance — ^An ere; when pure contains 87 per cent silver and 13 per cent sulphur. Skip— A bucket or box used to hoist material from a min^. Slag— Waste from smelter furnaces. Slickensides— polished walls of a vein, caused by trituration. Slide— Timbers in shafts, etc., to guide buckets and materials; the mass of loose rock overlying each lode or country; one kind of fault; vertical dislocation of vein. Slimes— The finest of the crushed ore and gangue from the mills. Slope— An inclined opening to a mine. It is an inside slope when it does not extend to the surface. Sluice— A series of boxes set in line and floored with riffle blocks to catch the gold in placer mining. Smelting— The reduction of metals from their ores in furnaces. It is a form of the word melt. In smelting the ore is melt- ed. In other processes it is roasted. Smift— A slow-burning fuse. Sole— The . floor of a horizontal working. Sollar— Any platform or wooden floor or covering in a working. Si>ar— A general term applied to rock with distinct cleavage and luster; usually applied to the different lime formations. Spiling— Timbering used in quicksand or loose ground where lathes are driven behind timbers and kept flush with head- ing. Spit— To light a fuse. Spoon — ^A slender iron rod with a cup>shaped protection at right angles to the rod, used in scraping drillings out of a bore hole. Spreader— Timber stretched across a shaft or stope. Spur— A branch of a vein. Square Sets— A kind of timbering used in large spaces. Squeeze— The closing of a room by the settling of the roof or the rising of the floor. The thinning away of a seam. Squib— A slow fuse used for igniting an explosive. MINING TERMS. 663 Slope-The p,„ „. . '" ""»«' «- Ti.*^ «op«.; „a« jt.v. r i? i^ rd"i. "'"'^i iS£i?H^— ---- miatral. ^' '«=•'<'« obtam«| by fi||i„, , . W.„ou. „,,, .„„• ',°^« " „1:r'; °" I. "oH^-UI „«. su-pH.-d.r^r:Hr"'"'r°- "" """'" *" """^-"^ Swamp Or^Bog ,„„ ,. °™ '° ~"«« " "■ "='"" «<« bla« hole,. 664 MINING INFORMATION. Synclinal— The trotigh formed by the downward inclination of the strata from each side, the anticlinal being the ridge formed when the strata dips in opposite directions. Syndicate—An association or council of persons; in use since the war to designate any combination formed to carry out a large financial enterprise. Tackle— The windlass, rope and bucket. Tailings— The refuse left after washing ores containing metaU not saved in the first treatment. Tamp— To hammer loose earth into a blast hole. Tellurium— A silver-white brittle substance, generally classed among metals; usually combined with gold, silver, lead, and copper. Sp. gr. 6.65. At. wt. 128. Symbol Te. Tempering — The act of reheating and properly cooling a bar of metal to any desired degree of elasticity or hardness. Throw — The amount of dislocation of a vein. Ton — In metalliferous mines of the United States, 3,000 pounds. Tram — The pair of parallel lines of rails of a trackway. Trammer— One who pushes cars along track. Trap — A door used for cutting off a ventilating current, which is occasionally opened for haulage or passage; guarded by a trapper. Any volcanic rock. Trend — Dip or course of a vein from the perpendicular. Tribute — A system of contract mining by which the miner re- ceives his pay out of the gross value of the ore sold, less a certain deduction for royalty to mine owner. Tributers— Miners who work at a set, or piece of ground, tak* ing the proceeds as wages, after royalty is deducted but who work under the direction of the owners and hold no possession or title as lessees. Triturate— To grind or pulverize. Tufa — Any open porous rock. Tunnel— A horizontal hole. Tut Work — Work paid for by the foot as distinguished from tribute work. Unctuous — Having a greasy feeling like soapstone. Underhand Work — Picking or drilling downward. Underlie— The angle of a vein from the perpendicular. Upcast— A ventilating shaft where the air ascends. Upraise — ^A shaft or winze excavated upward. Upthrow— An upward displacement of the side of a fault. MINING TERMS. 0% ^« ve Buclcet-A bucket ^uu ^ smaller sMm. .k l^'' ^' '» '''o aonlL • '^*' '"«'»''• V.i„„on^?-^ -^™. .he ^.a.„ attj. '" *'*-'• «- WaM-The plaL of tt. " "<*■ W«j.h.™,_cC:/;3r ";"»'■•»»• Gob. Goaf. W.dgtag_The material I?""* '" *«>«,«•. VVhim-A macWni* /^**"l»h.) ^^ *h« word wheal. White.damp-The „„!^"' '"' '"'""tone. W»ch or wXrHoff "'-"^ """»« oxide „. VV&-K^ 1 " ;""~ '- -CH ore ia ^onT!^;**""^*'" •' '■'- - -PHu. ofen aceo„- or .j;:::''ofVr"' • — - -o^ca, po..., , . .^^ if r 466 I. a. 3- 4> S- •tty. 6. 7- 8. 9- 10. MINING INFORMATION. I HARDNESS OF MINERALS. Talc; commoo laminated, light green variety. Gypsum; a cryttallixcd variety. Calcareous spar; transparent variety. Fluor spar; crystalline variety. Apatite; transparent variety. Scapolite; crystalline vari- Feldspar; white cleavable variety. Quartz; transparent. Topaz; transparent. Sapphire; cleavable varieti«t8. Diamond. MEASURES OF ROCK, EARTH, ETC. a$ cubic feet of sand— i ton. x8 cubic feet of earth— i ton. 17 cubic feet of clay— i ton. 13 cubic feet of quartz, unbroken in lode — i ton. x8 cubic feet of gravel or earth, before digging— 27 cubic feet -when dug. ao cubic feet of quartz, broken (of ordinary fineness coming from the lode)— i ton contract measurement. ty. italline vari- f cubic feet ess coming PART XII. "^"STOMs r«,„ or Canada. PART 12. CANADA CUSTOMS TARIFF 6o4i VICTORIA. CHAP. Id. AN ACT TO CONSOLIDATE AND AMEND THE ACTS RESPECTING THE DUTIES OF CUSTOMS. (Assented to aQth June, 1897.) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:— Sec. I. This Act may be cited as The Customs Tariff, 1897. Sec. 2. In this Act, and in any other Act relating to cus- toms, unless the context otherwise requires, — (a.) The initials "n. e. s." represent and have the meaning of the words "not elsewhere specified." (b.) The initials "n. o. p." represent and have the meaning of the words "not otherwise provided for." (c.) The expression "gallon" means an imperial gallon. (d.) The expression "ton" means two thousand pounds avoirdupois. (e.) The expression "proof" or "proof spirits," when ap- plied to wines or spirits of any kind, means spirits of a strength equal to that of pure ethyl alcohol compounded with distilled water in such proportions that the resultant mixture shall at a temperature of sixty degrees Fahrenheit have a spe- cific gravity of 0.9198 as compared with that of distilled water at the same temperature. (f.) The expression "gauge," when applied to metal sheets or plates or to wire, means the thickness as determined by Stubbs' standard gauge. (g.) The expression "in diameter," when applied to tubing, means the actual inside diameter. (h.) The expression "sheet," when applied fo metals, means a sheet or plate not exceeding three-sixteenths of an inch in thickness. • (668) i!|t '' -'•/ CUSTOMS TARIFF. 0.) The expression "niat- •• u ^ cil bv TK- i- power conferred unnn ^u ^ ^ "* •*"<* «ec- •aec. 4. Subject to »h. « . . auirements of Ti.- V P'o^'S'ons of this Ac* o«j . Revised Statutes ' ^"''°"' ^ct, chapter 1h It ? '^ *^*= ''•• SeC; S. Subject to the sal.' °V»«tom8 thereon **' ~n,e forfeited to ft. r! *°°''' ''»P''"«1 .hal .,?'' I*"' '» P"«,n ,„p„„i;^ *«/-;»*» and ,h.n b. d«,rlU ?„d\''- Pfrm ttinff thi.m * u *^" Proh bited ffoorf- ^ *"y ' sr f 3 r-"=: '"" '" - -- "u wsued wlienevM- it !„ Governor in Council wli ''°"'' »;«t. of tl,e ui'.2"^ "> Ws satisfaction J'V'^ ^"^ "^ ">«m, have m.j ^ ^'•'•' «n the M„e of U "*•""«»' »» "here "«te^* """^ " »«!' m^ufac ul* ■»r"'««"T. .,.„:_'* ^""^"' 'hal. be subiec. to the folio • , (-> *" "»«•«. flask, • "* '■"^■ ^^^■J'7:^r^'r-^ ""en- rot"- -H goods for th. -.. ""' receptacle n, -« °°"»ined, and, "«• »' •PPare^«/S^'L?f »»« <»■ coverings as are of ""« of the mxHta fk!L *"■ "»e other than in .1. • ' '"^ «--. fron, thrcj„:t:r" "' ""••- « ■•""«.d it'p.rr i . f i«.u '' * '1- III i 1 r^ i iiy '63'a DOMINION OF CANADA. ■:■ (e.) Packages (inside or outside) containing free goods «hall be exempt from duty when the packages are of such a nature that their destru'^tion is necessary in order to release the goods. Sec. 14. Any person who, without lawful excuse, the proof •of which shall be on the person accused, sends or brings into Canada, or who, being in Canada, has in his possession, any bill-heading or other paper appearing .to be a heading or blank capable of being filled up and used as an invoice, and "bearing any certificate purporting to show, or which may be used to show, that the invoice which may be made from such bill-heading or blank is correct or authentic, is guilty of an indictable ofEense and liable to a penalty of five hundred dol- lars, and to imprisonment for a term not exceeding twelve months, in the discretion of the court, and the goods entered under any invoice made from any such bill-heading or blank shall be forfeited. Sec. 15. With respect to goods imported for manufactur- ing purposes that are admissible under this Act for any spe- •cific purposes at a lower rate of duty than would otherwise be -chargeable, or exempt from duty, the importer claiming such •exemption from duty, or proportionate exemption from duty, shall make and subscribe to the following affidavit or affirma- tion before the collector of customs at the port of entry, or liefore a notary public or a commissioner for taking affidavits:— I, (name of importer) the undersigned, importer of the (names of the goods or articles) mentioned in this entry, do solemnly (swear or affirm) that such (names of the goods or articles) are imported by me for the manufacture of (names of the goods to be manufactured) in my own factory, situated at (name of the place, county and province), and that no por- tion of the same will be used for any other purpose or dis- posed of until so manufactured. Sec. 16. Nothing contained in the foregoing provisions -shall affect the French Treaty Act, i8g4, or chapter three of the statutes of 1895, intituled An Act respecting Commercial Treaties affecting Canada. Sec. 17. When the customs tariff of any country admits the products of Canada on terms which, on the whole, are as fa- vorable to Canada as the terms of the reciprocal tariff herein referred to are to the countries to which it may apply, articles ree goods of such a to release the proof rings into ssion, any fading or iToice, and 1 may be from such Ity of an idred dol- g twelve s entered or blank CUSTOMS TARIFF. *^»ch are the -^^KIFF. '■ Any ,„tL" '° .'«' Act. "" «"P'»"I .arfff ' J ?• The Governor i„ r Governor in "•ec-procal tariff ," " Council may ext«„-) .,. :>«• T^W^entr™?-' '"--tnT.^'-- be. eve tha, wi.h r^gU""' ^°''«-'>« in Council L" "«'°"- ists any trust, comh- • ^"^ anicle of ^^ " '•'•on to «»« among ma^^ac u^ "' .'""^''''-on or a""r' •"«« e^! •o unduly eniiance the n "' ""^ ""cle or^.T'"' " '"V *«y to unduly nroV . "^"^ of such artLr '"'" «>«ein ^«ler, „ Z «:„:„'! '''^, '"vantage of he Z '". "»' "'"^ Council may comS "' *' oon,ume„ ^u*"^'*"""" or P«n.e Court or E«T.° ^ •"Power "^v' i,. ^"""or i„ ■«o and report to tht r ^^'^' «° "quire 1^=. " '"""'•»■ "»'«"-.d upon h'm h^r! ""'='' °««^ nece^r°t '"" "" "»<"'» 'TxfthrUgn- """" -•" ^---^^^^^^ <•" «.« free lilt „f°'"™°'- ■■•■ Councn sh i,^' f "'^''' "I.™ im P-Wic the benefirof """« "« duty '„ i """« »>«h articTe 674 DOMINION OF CANADA. An Act to amend the Customs Tariff, 1894; and chapter eight of the statutes of 1896, intituled An Act further to amend the Customs Tariff, 1894. Sec. ao. All orders in Council and all departmental regula- tions inconsistent with any of the provisions of this Act are hereby repealed. Sec. ai. The foregoing provisions of this Act shall be held to have come into force on the twenty-third day of April, in the present year one thousand eight hundred and ninety-seven, and to apply and to have applied to all goods imported or taken out of warehouse for consumption on or after the said day: Provided, that in the case of goods which were imported or taken out of warehouse for consumption, and on which duty was paid, on or after the twenty-third day of April, one thou- sand eight hundred and ninety-seven, in accordance with the rate of duty set forth as payable on such goods in the resolu- tions respecting the duties of customs introduced in the House of Commons on the twenty-second day of the said month, or in any such resolution subsequently introduced in the said House, the duty so paid shall not be affected, nor shall the person paying it be entitled to any refund or be liable to any further payment of duty, by reason of such rate of duty being altered by any resolution introduced subsequently to that in accordance with which such duty was paid and before the passing of this Act. SCHEDULE A. GOODS SUBJET TO DUTIES. Ales, Beers, Wines and Liquors. I. Ale, beer and porter, when imported in casks or other- wise than in bottle, i6c per gall. a. Ale, beer and porter when imported in bottles (six quart or twelve pint bottles to be held to contain one gallon), 24c per gall. 3. Cider, not clarified or refined, 5c per gall. 4. Cider, clarified or refined, loc per gall. 5. Lime juice and fruit juices, fortified with or containing not more than 25 per cent of proof spirits, 60c per gall.; and when containing more than 25 per cent of proof spirits, $2 per gall. \ •ter eight o amend il regula- Act are be held April, in ty-seven, orted or the said imported ich duty ne thou- vith the ! resolu- : House h, or in le said hall the to any y being that in ore the CUSTOMS TARIFF. 6 r- JARIFF ■ncTMsed quantify ,h°*?" "' P'oof, at 1*^ ' '"' "•"" of a ced to the ,tr;L,h ',*"■' ^o-M be « ,1 T' ""' "" the "«»«h than th*"**? "' P'oof- When ,h' f„' '"'"o" were „. f;<>vMed. but coJ^p°„'„7»'- tte duty Z,t" "' °' » '«» '" proportion to the i. " ' ^'^'"'d ouln,,. .' "" ''««in «••■. that no r^i'tjf" <»«Wee ofstren "^ '' "' "" "l-or" »» any Hquorrtetow M" ""'""'^ »h»be*loi, """'■<■'<'• "ow! proof, but all such kI '*'■«■'««'> of (ifte,„ """"^ <"• made °' «ft"n per cent Sr;"^',' "' ~~ a, oTtr' ""<"' ««or,, n. o. p ™":' .'"■"ky and ai^ "1' ° '"'"■. gin o? „? cir " po'ato'spSf of °''°' - '"«' o?'r' " "^-o"" cohol, wood n:*r>.u^u ^ potato oil- »r,»*i. , ^"y substanr. »'.-ood spiriro":x[ri;'« "^"'^ oTat rr""'- --x " ^P'"t. brandy, includ '^""' 'P'"''». absimh, "'"« ^nown ^•'^y; cordils and ^^1 "•■•«-■»> brandy td'-'' " P"'" P»'l»e, run. shrub, , eh IT" °' '" Wnds n """"'ons of anodynes, elUT^*""='' « being or T" ""'"'' "'«■ '"r ■-«s, »; n,.;--%:f''»«'- «-cfs, o«on, ," ""'s^ted « "Of fruit e„.„„" ' "■"" ''" ""«d)! or «!, 'T" " -"cd- , fe) Alcoholic oe^- •• '•• *'1" P" gal, •'S*'"' ="d spirit- '°f ' ""' 'aveider^""" '""' P«ri"«S ,°^?,.^ P' =• ^ val. .""'•>• toilet preparltil •"' *""'• tooth and ?t-' """^ "■"• 0°. '" bottles or fl,?t "' eontaining snJr,-. / '" "a^hes, and '» P- c. ad^^af *' '°««»"» not m oTe'l'^nlo^ "■'"•• **- ,, W.ea in bottle, fl, . '"'"«'' "<"■. ?"•' --rui^"- ^^^^^^^^^ rr- - 676 DOMINION OF CANADA. I h I (e.) Vermouth containing not more than thirty-six per cent, and ginger wine containing not more than twenty-six per cent of proof spirits, 90c per gall. If containing more than these percentages respectively of proof spirits, $2.40 per gall. (f.) Medicinal or medicated wines containing not more than forty per cent of proof spirits, $1.50 per gall. 8. Wines of all kinds, except sparkling wines, including orange, lemon, strawberry, raspberry, elder and current wines, containing twenty-six per cent or less of spirits of the strength of proof, whether imported in wood or in bottles (six quart or twelve pint bottles to be held to contain a gallon), asc per gall; and for each degree or fraction of a degree of strength in excess of the twenty>six per cent of spirits as aforesaid, an additional duty of 3c per deg., until the strength reaches forty per cent of proof spirits; and in addition there- to, 30 p. c. ad val. 9. Champagne and all other sparkling wines in bottles con- taining each not more than a quart, but more than a pint, $3.30 per doz. ; containing not more than a pint each, but more than a half pint, $1.65 per doz.; containing one-half pint each or less, 82c per doz.; bottles containing more than one quart each shall pay. in addition to three dollars and thirty cents per dozen bottles, at the rate of $1.65 per gall, on the quan- tity in excess of one quart per bottle, the quarts and pints in each case being old wine measure; in addition to the above specific duty there shall be an ad val. duty of 30 per cent. 10. But any liquors imported under the name of wine, and containing more than forty per cent of spirits of the strength of proof shall be rated for duty as unenumerated spirits. ANIMALS. AND AGRICULTURAL, ANIMAL AND DAIRY PRODUCTS. 11. Animals, living, n. e. s., 20 p. c. ad val. 12. Live hogs, i i-2C per lb. 13. Meats, n. e. s. (when in barrel, the barrel to be free), 2C per lb. 14. Meats, fresh, n. e. s., 3c per lb. 15. Canned meats, and canned poultry and game, extracts of meats and fluid beef not medicated, and soups, 25 p. c. ad val. CUSTOMS TARIFF. 677 ;r £oX" a^^ r; 1-t - - c. ad v.. » ^aiiow and stearic acid *» ' ^'^ P^*" ^b. ^i. CandJes. n. e. s « i^- Soap. co„.^:„"o" tind/- " *^ -'• *»• Castile soap, mottled ^' '*= P'*- ^b. ^5- Soap. „. e. ; °"„*^ °' white. 2c per Jk ^- PearJine. and n.l? ^' ""' ^^ ^"^- ^- Feathers, n. e. s ' ^' ""' ^^ ^aJ- f; Eggs. 3e per doz.' ' ^^ "^ "** ^*^- 3'. Butter. 4c per ib. 32. Cheese, 3c per Jb »• Potato., n /■' "" '»"'■• « L^'-r "« ■"-'.•'" '" '""■• 43. Vegetables, n o « ^ '*'"^- 4^- ^^'!^^' 30 p. e adV^f P- - ad val. ^••nds. wht'damag':^^"'''' *'^'" ^nd flo„r and . appraised value !u ^ '*'*'«»• »« transit ^o "^^al of all vif?*.,! u aiue, such apnrai«!eH , '*"^"' ^ p. c. ad val «« *r vided by sections c8 70? ""*'"* *<> be ascertain!!^^* *** 46. Buckwheat. «eal or flour , "" 47. Cornmeal. including th? ^ . "^*^ P*' ^b. council, 7 X.5C per 678 DOMINION OF CANADA. 49. Oats, IOC per bush. 50. Oatmeal, ao p. c ad val. 51. Rice, uncleaned, unhulled or paddy, i-ac per lb. 52. Rice, cleaned, x i-4C per lb. 53. Rice and sago flour and sago, and tapioca, as p. c. ad val. 54. Rice, when imported by makers of rice-starch for use in their factories in making starch 3-40 per lb. 55. Wheat, I2C per bush. 56. Wheat fluor, including the duty on the barrel, 60c per brl. 57. Biscuits, not sweetened, 25 p. c. ad val. 58. Biscuits, sweetened, 2"] 1-2 p. c. ad val. 59. Macaroni and vermicelli, 25 p. c. ad val. 60. Starch, including farina, corn starch or flour and all preparations having the qualities of starch, the weight of the package to be in all cases included in the weight for duty, i i-2c per lb. 61. Seeds viz.: garden, Beld, and other seeds for agricul- tural or other purposes, n. o. p., sunflower, canary, hemp and millet seed, when in bulk or in large parcels, 10 p. c ad val. When put up in small papers or parcels, 25 p. c. ad val. 62. Mustard, ground 25 p. c. ad val. 63. Mustard cake, 15 p. c. ad val. 64. Sweet potatoes and yams, loc per bush. 65. Tomatoes, fresh, 20c per bush, and loc p. c. ad val. 66. Tomatoes and other vegetables, including com and baked beans, in cans or other packages, n. e. s., the weight of the cans or other packages to be included in the weight for duty. I i*2C per lb. 67. Pickles, sauces and catsups, including soy, 35 p. c. ad val. 68. Malt, upon entry for warehouse subject to excise reg- ulations, 15c per bush. 69. Extract of malt (non-alcoholic), for medicinal and bak- ing purposes, 25 p. c. ad val. 70. Hops, 6c per lb. 71. Compressed yeast, in bulk or mass of not less than fifty pounds; 3c per lb.; in packages weighing less than fifty pounds, 6c per lb.; the weight of the package in the latter case to be included in the weight for duty. CUSTOMS TARIFF. 4r» and all of the y. I I-2C agricul- tnp and ad val. val. 72. Yeast cakes and baking powder, the weight of the pack* ages to be included in the weight for duty, 6c per lb. 73. Trees, viz. :— apple, cherry, peach, pear, plum and quince, of all kinds, and small peach trees known as June buds, 3c each. 74. Grape vines, gooseberry, raspberry, currant and rose bushes; fruit plants, n. e. s., and shade, lawn and ornamental trees, shrubs and plants, n. c. s., 20 p. c. ad val. 75. Blackberries, gooseberries, raspberries, strawberries, cherries and currants, n. e. s., the weight of the package to be included in the weight for duty, 2c per lb. 76. Cranberries, plums and quinces, 25 p. c. ad val. 77. Prunes, including raisins, dried currants, and California or silver prunes, ic per lb. 78. Apples, dried, desiccated or evaporated; dates, figs, and other dried, desiccated or evaporated fruits, n. e. s., 25 p. c. ad val. 79. Grapes, 2c per lb. 80. Oranges, lemons and limes, in boxes of capacity not exceeding two and one-half cubic feet, 25c per box. In one-half boxes, capacity not exceeding one and one- fourth cubic foot, 13c per 1-2 box. In cases and all other packages, loc per cubic ft. In bulk, per one thousand oranges, lemons or limes, $1.50 per M. In barrels, not exceeding in capacity that of the one hun- dred and ninety-six pounds flour barrel, 550 per brl. 81. Peaches, n. o. p., the weight of the package to be in- cluded in the weight for duty, ic per lb. 82. Fruits in air-tight cans or other packages, the weight of the cans or other packages to be included in the weight for duty. 2 I-4C per lb. 83. Fruits preserved in brandy, or preserved in other spir- its, $2 per gall. 84. Preserved ginger, 30 p. c ad val. 85. Jellies, jams and preserves, n. e. s., 3 1-4C per lb. 86. Honey, in the comb or otherwise, and imitations there- of. 3C per lb. 87. Tea and green coffee, n. e. s., 10 p. c. ad val. 88. Coffee, roasted or ground, when not imported direct from the country of growth and production, ac per lb. and 10 p. c. ad val. 68o DOMINION OF CANADA. 89. Coffee, roasted or ground, and all imitations thereof and substitutes therefor, including acorn nuts, n. o. p., ac per lb. go. Extract of coffee, n. e. s., or substitutes therefor of all kinds, 3C per lb. 91. Chicory, raw or green, 3c per lb. 92. Chicory, kiln*dried, roasted or ground, 4c per lb. 93. Cocoa shells and nibs, chocolate, and other prepara- tions of cocoa, n. e. s., 30 p. c. ad val. 94. Cocoa paste, chocolate paste, cocos and cocoa butter, n. o. p., 4c per lb. 95. Nuts, shelled, n. e. s., 5c per lb. 96. Almonds, walnuts, Brazil nuts, pecans and shelled pea- nuts, n. e. s., 3C per lb. And nuts of all kinds, n. o. p., ac per lb. 97. Cocoanuts, n. e. s., $1.00 per 100. 98. Cocoanuts, when imported from the place of growth, by vessel, direct to a Canadian port, 50c per 100. 99. Cocoanut, desiccated, sweetened or not, 5c per lb. IOC. Nutmegs and mace, 25 p. c. ad val. loi. Spices, viz.: — ginger and s-pices of all kinds, unground, n. e. s., 13 1-2 p. c. ad val. Ground, 25 p. c. ad val. 102. Fine salt in bulk, and coarse salt, n. e. s., 5c per 100 lbs. 103. Salt, n. e. s., in bags, barrels and other packages — ^the bags, barrels or other packages being the first coverings or in- side packages, to bear the same duty as if such package or first coverings were imported empty, 7 1-2 per 100 lbs. FISH AND PRODUCTS OF THE FISHERIES. 104. Mackerel, ic per lb. 105. Herrings, pickled or salted, i-2C per lb. 106. Salmon, fresh, i-2C per lb. 107. Salmon, pickled or salted, ic per lb. 108. All other fish, pickled or salted, in barrels, ic per lb. 109. Foreign-caught fish, imported otherwise than in barrels or half-barrels, whether fresh, dried, salted or pickled, not spe- cially enumerated or provided for by this Act, soc per 100 lbs. no. Fish, smoked and boneless, ic per lb. CUSTOMS TARIFF. 68> III. Anchovies and sardines, packed in oil or otherwise, in tin boxes measuring not more than five inches long, four inches wide and three and a half inches deep, per whole box» 5C per box. (b.) In half boxes measuring not more than five inches> long, four inches wide and one and iive*eighth8 deep, 2 i-2c per 1-2 box. (c.) In quarter boxes, measuring not more than four inches- wide and three-quarters long, three and a half inches wide and one and a quarter deep, 2c per 1-4 box. 113. Anchovies and sardines when imported in any other form« 30 p. c. ad val. 113. Fish preserved in oil, except anchovies and sardines,. 30 p. c. ad val. 114. Fresh or dried fish, n. e. s., imported in barrels, or half barrels, ic per lb. 115. Salmon and all other fish prepared or preserved, in- eluding oysters, not specially enumerated or provided for in this Act, 25 p. c. ad val. 116. Oysters, shelled, in bulk, loc per gal. 117. Oysters, shelled, in cans not over one pint, including^ the cans, 3c per can. 118. Oysters shelled, in cans over one pint and not over one quart, including the cans, 5c per can. iig. Oysters, shelled, in cans exceeding one quart in capac- ity, an additional duty of 5 cents per quart or fraction of a quart of capacity over a quart, including the cans. 120. Oysters in the shell, 25 p. c. ad val. 121. Packages containing oysters or other fish, n. o. p., 25^ p. c. ad val. 122. Oils, spermaceti, whale and other fish oils, and all other articles the produce of the fisheries not specially pro- vided for, 30 p. c. ad val. BOOKS AND PAPER. 133. Albumenized and other papers and films chemically rrepared for photographers' use, 30 p. c. ad val. 124. Books, \ir..: — Novels or works of fiction, or literature of a similar character, unbound or paper-bound or in sheets^ including freight rates for railways and telegraph rates, bound in book or pamphlet form, but not to include Christmas an- <8a DOMINION OF CANADA. tiuals or publications commonly known as juvenile and toy books, ao p. c. ad val. * las. Books, printed, periodicals and pamphlets, or parts thereof, n. e. s.,— not to include bank account books, copy books or books to be written or drawn upon, lo p. c. &d val. 126. Advertising and printed matter, viz. :— Advertising pamphlets, advertising pictorial show cards, illustrated advertis- ing periodicals; illustrated price books, catalogues and price lists, advertising almanacs and calendars; patent medicine or other advertising circulars, fly sheets or pamphlets; advertis- ing chromos, chromotypes, oleographs or like work produced by any process other than hand painting or drawing, and having any advertisement or advertising matter printed, litho- graphed or stamped thereon, or attached thereto, including ■advertising bills, folders and posters, or other similar artistic work, lithographed, printed or stamped on paper or cardboard for business or advertisment purposes, n. o. p., 150 per lb. 127. Labels for cigar boxes, fruits, vegetables, meats, fish; «onfectionery or other goods or wares; shipping, price or other tags, tickets or labels, and railroad or other tickets, whether litographed or printed, or partly printed, n. e. s., 35 p. c. ad val. 128. Bank notes, bonds, bills of exchange, cheques, prom- issory notes, drafts, and all similar work, unsigned, and cards •or other commercial blank forms printed or lithographed, or printed from steel or copper or other plates and other printed matter, n. e. a., 35 p. c. ad val. lag. Printed music, bound or in sheets, 10 p. c. ad val. 130. Photographs, chromos, chromotypes, artotypes, oleo- ^graphs, paintings, drawings, pictures, engravings or prints, or proofs therefrom, and similar works of art, n. o. p. ; blue prints, building plans, maps and charts, n. e. s., ad val., 20 p. c. 131. Newspapers or supplemental editions or parts thereof, partly printed and intended to be completed and published in Canada, ad val., 25 p. c. 132. Union collar cloth paper in rolls or sheets, not glossed «r finished. 15 p. c. ad val. 133. Union collar cloth paper in rolls or sheets, glossed or liuished, 20 p. c. ad val. 134. Mill-board, not straw board, 10 p. c. ad val. 13s. Straw-board, in sheets or rolls; tarred paper, felt or CUSTOMS TARIFF. 683 straw-board; sandpaper, glass or flint paper, and emery paper or emery cloth, 25 p. c. ad val. ij6. Paper sacks or bags of all kinds, printed or not, as P> c. ad val. 137. Playing cards, 6c p. pack. 138. Paper hangings or wall papers, borders or bordering, and window blinds of paper of all kinds, 35 p. c. ad val. 139. Printing paper and paper of all kinds, n. e. s., 25 p. c. ad val. 140. Ruled and border coated papers, papeteries, boxed papers, pads not printed, papier-mache ware, n. o. p. ; envelopes, and all manufactures of paper, n. e. s., 35 p. c. ad val. CHEMICALS AND DRUGS. 141. Acid, acetic acid and pyroligneous, n. e. s., and vinegar, a specific duty of xsc p. gal. of any strength not exceeding the strength of proof, and for such degree of strength in excess of the strength of proof an additional duty of ac p. deg. The strength of proof shall be held to 'be equal to six per cent of absolute acid, and in all cases the strength shall be de- termined in such manner as is established by the Governor in Council. 143. Acid, acetic acid crude, and pyroligneous crude, of any strength not exceeding thirty per cent, 25 p. c. ad val. 143. Acid, muriatic and nitric, and all mixed or other acids, 20 p. c. ad val. Acid, sulphuric, 25 p. c. ad val. Acid phosphate, n. o. p., 25 p. c. ad val. Sulphuric ether, chloroform, and solutions of peroxides of hydrogen, 25 p. c. ad val. 147. All medicinal, chemical and pharmaceutical prepara- tions, when compounded of more than one substance, including patent and proprietary preparations, tinctures, pills, powders, troches, lozenges, syrups, cordials, bitters, anodynes, tonics, plasters, liniments, salves, ointments, pastes, drops, waters, essences and oils, n. o. p. ; provided that drugs, pill-mass and preparations, not including pills or medicinal plasters, recog- nized by the British or the United States pharmacopoeia or the French Codex as officinal, shall not be held to be covered by this item; all liquids, containing alcohol, 50 p. c. ad val.; and all others, liquid or not, 25 p. c. ad val. n. e. s. 144. 145. 146. >) I :l '■} ■ i' 4-\ I «4 DOMINION OF CANADA. 148. Pomades, French or flower odors preserved in fat or oil for the purpose of conserving the odors of flowers which do not bear the heat of distillation, w^en imported in tins of not less than ten pounds each, 15 p. c. ad val. 149. Perfumery, including toilet preparations (non-alcoholic) ,^ viz. :— Hair oils, tooth and other powders and washes, poma- tums, pastes and all other perfumed preparations, n. o. p., used for the hair, mouth or skin, 30 p. c. ad val. 150. Licorice paste and licorice in rolls and sticks, 20 p. c. ad val. 151. Paraffine wax, 30 p. c. ad val. 152. Antiseptic surgical dressing, such as absorbent cotton,, cotton wool, lint, lamb's wool, tow, jute, gauzes and 0:akum, prepared for use as surgical dressings, plain or medicated; sur- gical belts and trusses, electric belts, pessaries and suspensory- bandages of all kinds, 20 p. c. ad val. 153. Surgical and dental instruments (not being furniture) and surgical needles, 10 p. c. ad val. until ist January, 1898; thereafter free. 154. Cod liver oil, 20 p. c. ad val. OPIUM. 155. Opium, crude, the outward ball or covering to be free •ji duty, $1 p. lb. 156. Opium, powdered, $1.35 p. lb. 157. Opium, prepared for smoking, $5 p. lb. COLORS, PAINTS, OILS, VARNISHES, ETC. 158. Dry white and red lead, orange mineral and zinc white, 5 p. c. ad val. 159. Ochres, ochrey earths, raw siennas, and colors, dry, n. e. s., 20 p. c. ad val. 160. Oxides, umbers, burnt siennas, and fire proofs, n. e. s. ; laundry bluing of all kinds, rough stuff and dry and liquid fillers, anti-corrosive and anti-fouling paints commonly used for ships' hulls, and ground and liquid paints, n. e. s., 25 p.c. ad val. 161. Paints and colors, ground in spirits, and all spirit var- nishes and lacquers, $1.12 1-2 p. gal. 162. Paris green, dry, 10 p. c. ad val. 163. Ink for writing, 20 p. c. ad val. 164. Blacking, shoe, and shoemakers' ink; shoe, harness and CUSTOMS TARIFF. 685 leather dressing, harness soap, and knife jr other polish or composition, n. o. p., 25 p. c. ad val. 165. Putty, of all kinds, 20 p. c. ad val. 166. Turpentine, spirits of, 5 p. c. ad val. 167. British gum, dextrine, sizing cream and enamel sizing,. 10 p. c. ad val. 168. Varnishes, lacquers, japan driers, liquid driers, and oil finish, n. e. s., 20c p. gal. and 20 p. c. ad val. i6g. Linseed or flaxseed oil, raw or boiled, lard oil, neats- foot oil, and sesame seed oil, 25 p. c. ad val. 170. Illuminating oils composed wholly or in part of the products of petroleum, coal, shale, or lignite, costing more than thirty cents per gallon, 25 p. c. ad val. 171. Lubricating oils, composed wholly or in part of petro- leum, costing less than twenty-five cents per gallon, 5c p. gal. 172. Crude petroleum, fuel and gas oils (other than naphtha, benzine or gasoline) when imported by manufacturers (other than oil refiners) for use in their own factories for fuel pur- poses or for the manufacture of gas, 2 1-2 cents per gal. 173. Oils, coal and kerosene distilled, purified or refined, naphtha and petroleum, and products of petroleum, n. e. s., 5c p. gal. 174. Barrels, containing petroleum or its products, or any mixture of which petroleum forms a part, when such contents are chargeable with a specific duty, 20c each. 175. Lubricating oils, n. e. s., and axle grease, 25 p. c. ad val. 176. Olive oil, n. e. s., 20 p. c. ad val. 177. Essential oils, 10 p. c. ad val. 178. Vaseline, and all similar preparations of petroleum for toilet, medicinal or other purposes, 35 p. c. ad val. COAL. 179. Bituminous slack coal, such as will pass through a half-inch screen, subject to regulations to be made by the Con- troller of Customs, 20 p. c. ad val., but not to exceed 13 cents per ton of 2,000 pounds (being the equivalent of 15c per ton of 2,240 pounds): Provided that if the United States Con- gress fixes the duty on such slack coal at a rate not exceeding 15 cents per ton of 2,240 pounds, then the duty on such coal iia- ported into Canada, as provided in this item, shall be the minimum duty on such coal from all countries, notwithstanding section seventeen of this Act, 20 p. c. il^:d v.' .?■) ' M t I 1 t K! «86 DOMINION OF CANADA. i8o. Coal, bituminous, round and run of mine, and coal, n. e. s., fifty-three cents per ton of 2,000 pounds (being the equivalent of sixty cents per ton of 2,240 pounds) : Provided that if the United States Congress fixes the duty on such coal at a rate not exceeding forty cents per ton of 2,240 pounds, the Governor in Council may by proclamation reduce the duty mentioned in this item to forty cents per ton of 2,240 pounds, or the equivalent thereof per ton of 2,000 pounds, and the duty declared by such proclamation shall then be the minimum duty on such coal from all countries, notwithstanding section seven- teen of this Act, 53 c. p. ton of 2,000 lbs. I EARTHENWARE, CEMENTS, SLATE AND STONE- WARE. 181. Building brick, paving brick, stove linings, and fire brick, n. e. s., and manufactures of clay or cement, n. o. p., 20 p. c. ad val. 182. Earthenware and stoneware, viz.: demijohns, chums or crocks, 30 p. c. ad val. 183. Drain tiles, not glazed, 20 p. c. ad val. 184. Drain oipes, sewer pipes, chimney linings or vents, chimney tops and inverted blocks, glazed or un azed, and earthenware tiles, 35 p. c. ack val. 185. China and porcelain ware, also earthenware and stone- ware, brown or colored and Rockingham ware, white granite or iron stoneware, "c. c." or cream colored ware, decorated, printed or sponged, and all earthenware, n. e. s., 30 p. c. ad val. 186. Baths, tubs, and wash-stands of earthenware, stone, cement or clay, or of other material, n. o. p., 30 p. c. ad val. 187. Cement, Portland and hydraulic or water lime, in bags, barrels or casks, the weight of the package to be included in the weight for duty, twelve and one-half cents p. 100 lbs. 188. Plaster of Paris, or gypsum, ground, not calcined, 15 p. c. ad val. 189. Plaster of Pari?, or gypsum, calcined or manufactured, the weight of the package to be included in the weight for duty, 12 1-2 c. p. 100 lbs. igo. Lithographic stones, not engraved, 20 p. c. ad val. 191. Grindstones, not mounted, and not less than thirty-six inches in diameter, 15 p. c. ad val. nd fire '. p., 20 CUSTOMS TARIFF. 68^ '92. Grindstones, n. e s « '93- Flagstone sanrf!* ' ^' ""■ ^^ ^^I- 'JM. Marble and L ■' ^^ ''^^' ^*™* 'J5. Marble and granite n "^ ''' "' marble or granite « granite, n. e. s., and all mo r ^5 p. c. "•" *"" "<" «««d sevc„,y.fi" e ce Js L""""'" -• Common ^n'-j'!' ?° ^^^SSVMRE. P- c. ad val. * '"• "°' ^^^*^ed. in sheets or L^ '"* ^^' ^5. Plate glass h. 1 . *"' '' ^^ ad val. ^'^''' ^^^-^<^. in sheets or panes n o ,^' fevered glass, beveled or . '""'"■ °' ^^ ^^ ^^ - ^^^^Oer.an loo.- ""' '"^"^^^ °' -' - - ^'^^'^£1^^ "^^ ^^^^" -- — or *«Weware. decoded ' '"'' ^'^^^*^ or moulded 1""^ '^'™««>^-' ad val. ''°'^**^^ o^ not. and blown glass tlf'''''*^ ^' «'«" K ass tableware. 30 p. c. i^ i< I <88 DOMINION OF CANADA. 209. Bent plate or other sheet glass, and all other glass, and 'manufactures of glass, n. o. p., 20 p. c. ad val. aio. Spectacles and eyeglasses, 30 p. c. ad val. 311. Spectacle and eyeglass frames, and metal parts thereof, 30 p. c. ad val. LEATHER, RUBBER AND MANUFACTURES OF. 212. Dongola, cordovan, calf, sheep, lamb, kid or goat, Icangaroo, alligator, or other upper leather, and all leather, dressed, waxed, glazed, or further finished than tanned, n. e. s. ; harness leather, and chamois skin, 17 1-2 p. c. ad val. 213. Skins for morocco leather, tanned but not further man- ufactured; sole leather, and belting leather, of all kinds; tanners' scrap leather; and leather and skins, n. o. p., 15 p. c. ■ad val. 214. Glove leathers, tanned or dressed, colored or uncolored, when imported by glove manufacturers for use in their own factories in the manufacture of gloves, 10 p. c. ad val. 215. Japanned, patent or enameled leather, and morocco leather, 25 p. c. ad val. 2x6. Leather board, leatheroid, and manufactures thereof, n. o. p., 25 p. c. ad val. 217. Whips of all kinds, including thongs and lashes, 35 p. ■" 44 'ron, flat galvan- I, -I l.'i ^ DOMINION OF CANADA. ized iron or steel sheets, terne plate, and rolled sheets of iron or steel coated with zinc, spelter or other metal, of all widths or thickness n. o. p., and rolled iron or steel hoop, band, scroll or strip, thinner than number eighteen gauge, n. e. s., 5 p. c. ad val. 235. Chrome steel, 15 p. c. ad val. 236. Steel, in bars, bands, hooirs, scroll or strips, sheets or plates, of any size, thickness or width, when of greater value than two and one-half cents per pound, n. o. p., 5 p. c. ad val. 237. Swedish rolled iron and Swedish rolled steel nail rods under half an inch in diameter for the manufacture of horse- shoe nails, 15 p. c. ad val. 238. Iron and steel railway bars or rails of any form, punched or not, n. e. s., for railways, which term for the pur- poses of this item shall include all kinds of railways, street railways and tramways, even although they are used for private purposes only, and even although they are not used or intended to be used in connection with the business of common carry- ing of goods or passengers, 30 p. c. ad -val. 239. Railway fish plates and tie plates, $8.00 p. ton. 240. Switches, frogs, crossings and intersections for rail- ways, 30 p. c. ad val. 241. Locomotives for railways, n. e. s., 35 p. c. ad val. 242. Iron or steel bridges, or parts thereof; iron or steel structural work, columns, shapes or sections, drilled, punched, or in any further stage of manufacture than as rolled or cast, n. e. s., 35 p. c. ad val. 243. Forgings of iron or steel of whatever shape or size or in whatever stage of manufacture, n. e. s. ; and steel shafting, turned, compressed, or polished; and hammered iron or steel bars or shapes, n. o. p., 30 p. c. ad val. 244. Iron or steel castings, in the rough, n. e. s., 25 p. c. ad val. 245. Stove plates, stoves of all kinds, for oil, gas, coal or wood, or parts thereof, and sad or smoothing, hatters' and tailors' irons, plated wholly or in part, or not, 25 p. c. ad val. 246. Springs, axles, axle bars, n. e. s., and axle blanks, and parts thereof, of iron or steel, for railway or tramway, or other vehicles, 35 p. c. ad val. 247. Cart or wagon skeins or boxes, 30 p. c. ad val. 248. Cast iron pipe of every description, $8.00 per ton. CUSTOMS TARIFF. 691 249. Wrought iron or steel boiler tubes, n. e. s., including flues and corrugated tubes for marine boilers, 5 p. c. ad val. 250. Tubes of rolled steel, seamless not joined or welded« not more than one and one-half inch in diameter; and seamiest steel tubes for bicycles, zo p. c. ad val. 351. Wrought iron or steel tubing, plain or galvanized, threaded and coupled or not, over two inches in diameter, n. e. s., 15 p. c. ad val. 252. Wrought iron or steel tubing, plain or galvanized, threaded and coupled or not, two inches or less in diameter, n. e. s., 35 p. c. ad val. 253. Other iron or steel pipe or tubing, plain or galvanized, riveted, corrugated or otherwise specially manufactured, n. o. p., 30 p. c. ad val. 254. Iron or steel fittings for iron or steel pipe, of every description, and chilled iron or steel rolls, 30 p. c. ad val. 255. Iron or steel cut nails and spikes (ordinary builders) and railroad spikes, 1-2 c. p. lb. 256. Wrought and pressed nails and spikes, trunk, clout, coopers', cigar box, Hungarian, horseshoe, and other nails, n.e.s. ; horse, mule and ox shoes, 30 p. c. ad val. 257. Wire nails of all kinds, n. o. p., 3-5 c. p. lb. 258. Composition nails and spikes and sheathing nails, 15 p. c. ad val. 259. Iron or steel shoe tacks, and ordinary cut tacks, leath- ered or not, brads, sprigs and shoe nails, double pointed tacks, and other tacks of iron and steel, n.o.p., 35 p. c. ad val. 260. Screws, commonly called "wood screws," of iron or steel, brass or other metal, including lag or coach screws, plated or not, and machine or other screws, n.o.p., 35 p. c. ad val. 261. Coil chain, coil chain links, and chain shackles, of iron or steel, five-sixteenths of an inch in diameter and over, 5 p. c. ad val. 262. Barbed wire; and galvanized wire for fencing, numbers nine, twelve and thirteen gauge, 15 p. c ad val, until ist Jan- uary, 1898; thereafter free. 263. Buckthorn strip fencing, woven wire fencing, and wire fencing of iron or steel, n.e.s., 15 p. c. ad val. 264. Wire, single or several, covered with cotton, linen, silk, rubber or other material, including cable so covered, n.e.s., 30 p. c. ad val. 69a DOMINION OF CANADA. 265. Brass wire, plain, 10 p. c ad val. 266. Copper wire, plain, tinned or plated, 15 p. c. ad val. ^7. Wire cloth, or woven wire of brass or copper, 25 p. c. ad val. 268. Wire of all metals and kinds, n.o.p., 20 p. c. ad val. 269. Wire npe, stranded or twisted wire, clothes line, pic- ture or other twisted wire and wire cable, n.e.s., 25 p. c. ad val. 270. Wire cloth or wove wire, and wire netting, of iron or steel, 30 p. c. ad val. 271. Needles, of any material or kind, and pins manufac- tured from wire of any metal, n.o.p., 30 p. c. ad val. 272. Lead, old, scrap, pig and block, 15 p. c. ad val. 273. Lead, in bars, and in sheets, 25 p. c. ad val. 274. • Lead pipe, lead shot and lead bullets, 35 p. c. ad val. 27s. Lead, manufacturers of, n.o.p., 30 p. c. ad val. 276. Brass and copper nails, tacks, rivets and burrs or washers; bells and gongs, n.e.s., and all manufactures of brass or copper, n.o.p., 30 p. c. ad val. 2^^. Zinc, manufactures of, n.o.p., 25 p. c. ad val. 278. Nickel anodes, 10 p. c. ad val. 279. Iron or steel nuts, washers, rivets, and bolts, with or without threads, and nut, bolt and hinge blanks, and T and strap hinges of all kinds, n.e.s., 3-4 c. p. lb. and 25 p. c. ad val. 280. Builders', cabinet-makers', upholsterers', harness-mak- ers', saddlers', and carriage hardware, including butt-hinges, locks, curry combs or curry cards, horse-boots, harness and saddlery, n. e. s., 30 p. c. ad val. 281. Skates of all kinds, roller or other, and parts thereof, 35 p. c. ad val. 282. Gas meters, 35 p. c. ad val. 283. Safes, doors for safes and vaults; scales, balances, weighing beams, and strength-testing machines of all kinds, 30 p. c. ad val. 284. Carvers, knives and forks of steel, butcher and table steels, oyster, bread, kitchen, cooks', butcher, shoe, farrier, putty, hacking and glaziers' knives, cigar knives, spatuals or palette knives, razors, erasers or office knives, pen, pocket, pruning, sportsmen's or hunter's knives, manicure files, scis- sors, trimmers, barbers', tailors' and lamp shears, horse and CUSTOMS TARIFF. 693 toilet clippers, and all like cutlery, plated or not, n.o.p.,— when any oi the above articles are imported in cases or cabi- nets, the cases or cabinets shall be dutiable at the same rate as their contents,— 30 p. c. ad val. 285. Knife blades or blanks, and table forks of iron or steel in the rough, not handled, filed, ground or otherwise man- ufactured, 10 p. c. ad val. 286. Celluloid, moulded into sizes for handles of knives and forks, not bored or otherwise manufactured; also, moulded celluloid balls and cylinders, coated with tin-foil or not, but not finished or further manufactured, and celluloid lamp shade blanks, 10 p. c. ad val. 287. Bird, parrot, squirrel and rat cages, of wire, and metal parts thereof, 35 p. c. ad val. 288. Files and rasps, n. e. s., 30 p. c. ad val. 289. Adzes, cleavers, hatchets, saws, wedges, sledges, ham- mers, crow-bars, cant-dogs and track tools; picks, mattocks, and eyes or poles for the same; anvils, vices; and tools, of all kinds, for hand or for machine use, including shoemakers' and tinsmiths' tools or bench machines, n. o. p., 30 p. c. ad val. 290. Axes, scythes, sickles or reaping hooks, hay or straw knives, edging knives, hoes, rakes, pronged forks, snaths, farm, road or field rollers, post hole diggers, and otfier agricultural implements, n. e. s., 25 p. c. ad val. 291. Shovels and spades, iron or steel, n. e. s. ; shovel and spade blanks, and iron or steel cut to shape for the same; and lawn mowers, 35 p. c. ad val. 292. Britannia metal, nickel silver, Nevada and tJerman sil- ver, manufactures of, not plated, and manufactures of alumi- num, n. o. p., 25 p. c. ad val. * 293. Sterling or other silverware, nickel-plated ware, gilt or electro-nlated ware, wholly or in part, of all kinds, n. e. s., 30 p. c. ad val. 294. Telephone and telegraph instruments, electric and gal- vanic batteries, electric motors, dynamos, generators, sockets, insulators of all kinds; and electric apparatus, n. e. 5., 25 p. c. ad val. 295. Electric light carbons and carbon points, of all kinds, n. e. s., 35 p. c. ad val. 296. Carbons over six inches in circumference, 15 n. c. ad val. f:% • I ' .V ' I tfM DOMINION OF CANADA. ag7« Lamps, side-lights and headlights, lanterns, chande- liers, gas, coal or other oil fixtures and electric light fixtures, or metal parts thereof, including lava or other tips, burners, collars, galleries, shades and shade holders, 30 p. c. ad val. 398. Lamp springs, and glass bulbs for electric lights, 10 p. c. ad val. 299. Babbit metal, type metal, phosphor tin and phosphor bronze in blocks, bars, plates, sheets and wire, 10 p. c. ad val. 300. Type for printing, including chases, quoins and slugs, of all kinds, ^0 p. c. ad val. 301. Plates engraved on wood, steel, or other metal, and transfers taken from the same, including engravers' plates of steel, polished, engraved or for engraving thereupon, 20 p. c. ad val. 302. Stereotypes, electrotypes, and celluloids for almanacs, calendars, illustrated pamphlets, newspaper advertisements or engravings, and all other like work for commercial, trade or other purposes, n. e. s., and matrices or copper shells for the same, i 1-2 c. p. sq. in. 303. Stereotypes, electrotypes and celluloids of newspaper columns, and bases for the same, composed wholly or partially of metal or celluloid, 1-4 c. p. sq. in. And matrices or copper shells for the same, i 1-2 c. p. sq. in. 304. Clothes wringers for domestic use, and parts thereof, 35 p. c. ad val. 305. Buckles of iron, steel, brass or copper, of all kinds, n. o. p. (not being jewelry), 30 p. c. ad val. 306. Guns, rifles, including air guns and air rifles not being toys, muskets, cannons, pistols, revolvers, or other firearms; cartridge cases, cartridges, primers, percussion caps, wads, o;* other antmunition, n. o. p., bayonets, swords, fencing foils and masks; gun or pistol covers or cases, game bags, loading tools and cartridge belts of any material, 30 p. c. ad val. 307. Agate, granite or enameled iron or steel hollow-ware, 35 p. c. ad val. 308. Enameled iron or steel ware, n. e. s. ; iron or steel hollow-ware, plain black, tinned or coated; and nickel and aluminum kitchen or household hollow-ware, n. e. s., 30 p. c. ad val. 309. Tinware, plain, japanned or lithographed, and all man- ufactures of tin, n. e. s., and manufactures of galvanized sheet iron, or of galvanized sheet steel, n. o. p., 25 p. c. ad val. CUSTOMS TARIFF. 695 310. Signs, of any material, framed or not; and letters of any material for signs or similar use, 30 p. c. ad val. 311. Fire engines and fire extinguishing machines, includ* ing sprinklers for fire protection, 35 p. c. ad val. 312. Brass pumps of all kinds, and garden or lawn sprink- lers, 30 p. c. ad val. 313. Printing presses, printing machines, lithographic presses and type-making accessories therefor; folding machines, book- binders' book-binding, ruling, embossing and paper cutting machines, and parts thereof, 10 p. c. ad val. 314. Sewing-machines, and parts thereof, 30 p. c. ad val. 315. Steam engines, boilers, ore crushers and rock crush- ers, stamp mills, Cornish and belted rolls, rock drills, air com- pressors, cranes, derricks, percussion coal cutters, pumps, n. e. s., windmills, horse-powers, portable engines, threshers, separators, fodder or feed cutters, potato diggers, grain rrush- ers, fanning mills, hay tedders, farm wagons, slot machines and typewriters, and all machinery composed wholly ur in part of iron or steel, n. o. p., 25 p. c. ad val. 316. Machine card clothing, 25 p. c. ad val. 317. Mould boards or shares, or plow plates, land sides, and other plates for agricultural implements, when cut to shape from rolled plates of steel but not moulded, punched, polished or otherwise manufactured, s p. c. ad val. 318. Mowing machines, harvesters self-binding or without binders, binding attachments, reapers, cultivators, plows, harrows, horse-rakes, seed-drills, manure spreaders, weeders, and malleable sprocket or link belting chain for binders, 20 p. c. ad val. 319. Trawls, trawling spoons, fly hooks, sinker«=, swivels, and sportsmen's fishing bait, and fish hooks, n. e. s., 30 p. c. ad val. 320. Patterns of brass, iron, steel or other metal (not being models), 30 p. c. ad val. 321. Manufactures, articles or wares not specially enumer- ated or provided for, composed wholly or in part of iron or steel, and whether wholly or partly manufactured, 30 p. c. ad val. ^^ 1 VEHICLES. 322. Freight wagons, drays, sleighs and similar vehicles, 25 c. ad val. r 6ii6 DOMINION OF CANADA. 323. Uuggies, carriages, pleasure carts and similar vehicles, n. e. s., including cutters, children's carriages and sleds, and finished parts thereof, n. o. p., 35 p.c. ad val. 324. Railway cars (or other cars), wheelbarrows, trucks, road or railway .scrapers and hand carts, 30 p. c. ad val. 325. Bicycles and tricycles, 3c p. c. ad val. MANUFACTURES OF WOOD. CANE, CORK. 326. Cane, reed or rattan, split or otherwise manufactured, n. o. p., 15 p. c. ad val. 327. Corks, and other manufactures of cork wood or cork bark, n. o. p., 20 p. c. ad val. 328. Sawed boards, planks and deals planed or dressed on one or both sides, when the edges thereof are jointed or tongued and grooved, 25 p. c. ad val. 320. Lumber and timber, manufactured, n. e. s., 20 p. c. ad val. 330. Pails and tubs of wood; churns, brooms and whisks, wash-boards, pounders and rolling pins, 20 p. c. ad val. 331. Veneers of wood, not over three thirty-seconds of an inch in thickness, 7 1-2 p. c. ad val. 332. Mouldings of wood, plain, gilded or otherwise further manufactured, 25 p. c. ad val. 333. Wood pulp, 25 p. c. *ad val. 334. Manufactures of wood, n. o. p., 25 p. c. ad val. 335. Fishing rods, walking sticks and walking canes, of all kinds, n. e. s., 30 p. c. ad val. 336. Picture frames and photograph frames, of any mate- rial, 30 p. c. ad val. 337. Umbre^v<), parasol and sunshade sticks or handles, n. e. s., 20 p. c. d val. 338. CofHns and caskets, and metal parts thereof, 25 p. c. ad val. 339. Show-cases, of all kinds, and mital parts thereof, 35 p. c. ad val. 340. Billiard tables, with or without pockets, and bagatelle tables or boards, cues, balls, cue-racks, and cue-tips, 35 p. c. ad val. 341. Vulcanized fiber, kartavert, indurated fiber, and like material, and manufactures of, n. e. s.. 25 p. c. ad val. CUSTOMS TARIFF. 697 343. Blinds of wood, metal or other material, not textile or paper, 30 p. c. ad val. 343. House, office, cabinet or store furniture of wood, iron, or other material, in parts or finished; wire screens, wire door» and wire windows; cash registers; window cornices and cor- nice poles of all kinds; hair, spring and other mattresses, bol- sters and pillows, including furniture springs and carpet sweep- ers, 30 p. c. ad val. 344. Window shade or blind rollers, 35 p. c. ad val. JEWELRY AND MATERIAL THEREFOR, ETC. 345. Watch cases, 30 p. c. ad val. 346. Clocks, watches, watch glasses, clock and watch keys, and clock movements, 25 p. c. ad val. 347. Watch actions and movements, 10 p. c. ad val. 348. Precious stones, n. e. s., polished, but not set, pierced or otherwise manufactured, and imitations thereof, 10 p. c. ad val. 349. Composition metal for the manufacture of jewelry and filled gold watch cases, 10 p. c. ad val. 350. Jewelry, for the adornment of the person, including hat pins, hair pins, belt or other buckles, and similar personal or* namental articles commercially known as jewelry, n. o. p„ and all manufactures of gold and silver, n. e. s., 30 p. c. ad val. 351. Fancy writing desks, fancy cases for jewelry, watches, silverware, plated ware and cutlery; glove, handkerchief and collar boxes or cases, brush or toilet cases, and all fancy cases for similar fancy articles, of any material; fans, doll^ and toys of all kinds; ornaments of alabaster, spar, amber, terra cotta or composition; statuettes and bead ornaments, n. e. s., 35 p. c. ad val. 352. Gold, silver and aluminum leaf, Dutch or schlag metal leaf; brocade and bronze powders and gold liquid paint, 25 p. c. ad val. MINERALS. 353. Asbestos in any form other than crude, and all manu- factures thereof, 25 p. c. ad val. 354. Plumbago, not ground or otherwise manufactured, 10 p. c. ad val. Ill 4 '!. , I k, ^ ■ ' '11 :■ ■-'■ 'a' and ships' sails, 5 p. c. ad val. 412. y-iiu >.r\g nnd mining powder, 2c per lb. 413. Cannv.T, musket, rifle, fun and sporting powder and canister powder, 3c per lb. 414. Nitro-glycerine, ginnt powder, nitre and other explo- sives, 3c per lb. 415. Glycerine, when imported by manufacturers of explo- sives, for use in the manufacture ther>.of in their own fac- tories, ID p. c. ad val. 4x6. Torpedoes, firecrackers, and fireworks of all kinds, 25 p. C. »nf? yP-A. 417. J ^ lUi-rs, compounded or manufactured, 10 p. c. ad val. ■;H-^ Si* i -5' 703 DOMINION OF CANADA. 418. Lamp wicks, 25 P« c ad val. 419. Photographic dry plates, 30 p. c. ad val. 420. Emery wheels, and manufactures of emery, 25 p. c. ad val. 421. Lead pencils, pens, penholders and rulers of all kinds, 25 p. c. ad val. 422. Magic lanterns and slides therefor, philosophical, photographic, mathematical and optical instruments, n. e. s., cyclometers and pedometers, and tape lines of any material, 25 p. c. ad val. 423. Tobacco pipes of all kinds, pipe mounts, cigar and cigarette cases) cigar and cigarette holders, and cases for the same, smokers' sets and cases therefor, ana tobacco pouches, 35 p. c. ad val. 424. Trunks, valises * boxes, carpet bags, tool bags or baskets, satchels, reticult .usical instrument cases, purses, portmanteaux, pocket-books, fiy books, and parts thereof, n. o. p., and baskets of all kinds, 30 p. c. ad val. 425. Frames, clasps and fasteners for purses and chatelaine bags or reticules not more than seven inches in width, when imported by manufacturers of purses and chatelaine bags or reticules, for use in the manufacture thereof, in their own factories, 20 p. c. ad val. 426. Buttons, viz. :— Pantaloon buttons wholly of metal, and shoe buttons, n. e. b., 25 p. c. ad val. Buttons of all kinds covered or not, n. o. p., including rec- ognition buttons, and cuff or collar buttons (not being jewel- 17)1 35 P« c. ad val. 427. Combs for dress and toilet, including mane combs, of all kinds, 35 p. c. ad val. 428. Brushes, of all kinds, 25 p. c. ad val. 420. Hair, curled or dyed, 20 p. c. ad val. 430. Artificial flowers, 25 p. c. ad val. 431. Twine and cordage of all kinds, n. e. s., 25 p. c. ad val. 432. Rove, when imported for the manufacture of twine for harvest binders, 5 p. c. ad val. 433. Binders* twine or twine for harvest binders of hemp, jute, manilla or sisal, and of manilla and sisal mixed, 10 p. c. ad val. until ist January, 1898; thereafter to be free. 434. Hammocks, lawn tennis nets, sportsmen's fish nets, and other articles manufactured of twine, n. o. p., 30 p. c ad val. 43 coloi stanc 43< stand trans sugar free, 437 syrup, per lb 438. cludinj lb. an( 439- 440. uct of of or ; 44X. cane su with ai package and not mixing, free — (a.) ' per gal. (b.) and not addition tion of i degree. 442. C include tl p. c. ad A 443- Ci 444> M CUSTOMS TARIFF. 703 SUGAR, SYRUPS AND MOLASSES. 435. All sugar above number sixteen Dutch standard in color, and all refined sugars of whatever kinds, grades or standards, ic per lb. 436. Sugar, n. e. s., not above number sixteen Dutch standard in color, sugar drainings, or pumpings drained in transit, melado or concentrated melado, tank bottoms and sugar concrete, the usual packages in which imported to be free, i«2C per lb. 437. Glucose or grape sugar, glucose syrup and corn syrup, or any syrups containing any admixture thereof, 3-4C per lb. 438. Sugar candy, brown or white, and confectionery, in* eluding sweetened gums, candied peel and pop-corn, i-zc per lb. and 35 p. c. ad val. 439. Maple sugar, and maple sprup, 20 p. c. ad val. 440. Syrups and molasses of all kinds, n. o. p., the prod> uct of the sugar cane or beet, n. e. s., and all imitations there- of or substitutes therefor, 3-4C per lb. 441. Molasses produced in the process of the manufacture of cane sugar from the juice of the cane without any admixture with any other ingredient, when imported in the original package in which it was placed at the point of production and not afterwards subjected to any process of treating or mixing, the package in which imported, when of wood, to be free — (a.) Testing by polariscope forty degrees or over, 1 3-40 per gal. (b.) When testing by polariscope less than forty degrees and not less than thirty-five degrees, i 3-4C per gal., and. in addition thereto one cent per gallon for each degree or frac- tion of a degree less than forty degrees, ic additional per degree. TOBACCO, AND MANUFACTURES OF. 443. Cigars and cigarettes, the weight of the cigarettes to include the weight of the paper covering, $3 per lb., and 2$ p. c. ad val. 443. Cut tobacco, 55c per lb. 444. Manufactured tobacco, n. e. s., and snuff, 50c per lb. 704 DOMINION OF CANADA. 445. Foreign leaf raw tobacco, unstemmed, unmanufactured, for excise purposes, under conditions of the Inland Revenue Act, after 30th June, 1897, loc per lb., to be computed on the -weight when ex-warehoused. 446. Foreign raw leaf tobacco, stemmed, unmanufactured, for excise purposes, under conditions of the Inland Revenue Act, after 30th June, 1897, 14c per lb., to be computed on the -weight when ex-warehoused. UNENUMERATED GOODS. 447. All goods not enumerated in this Act as subject to any other rate of duty, nor declared free of duty by this Act, and not being goods the importation whereof is by this Act or any other Act prohibited, shall be subject to a duty of 20 p. c. ad val. SCHEDULE B. FREE GOODS. 448. Articles for the use of the Governor-General. 440. Articles v. hen imported by and for the use of the Army and Navy, viz.: Arris, military or naval clothing, mu- sical instruments for bands, military stores and munitions of war; also articles consigned direct to officers and men on board vessels of Her Majesty's navy, for their own personal -use or consumption. 450. Articles imported by or for the use of the Dominion Government, or of any of the departments thereof, or by and for the Senate or H'^use of Commons, including the following articles when imported by the said Government or through any of the Departments thereof for the use of the Canadian militia: Military clothing, musical instruments for military bands, military stores and munitions of war. 451. Articles for the personal or ofHcial use of Consuls- General who are natives or citizens of the country they rep- resent and who are not engaged in any other business or pro- fession. 45- the ( 453 chand regula 454- effects domic ture, J 455. niture, employ machin vehicle for at include facturin able art unless not be I until afi also, th) toms, li^ west Te otherwisi 456. 1 and for j of exhibi cultural ( in accor( of Custoi such anil paid in cj in the tin 457. H ment of s and appro 458. M under reg 459. Ad 460. Ty CUSTOMS TARIFF. TOf 452. Travelers' baggage, under regulations prescribed by the Controller of Customs. 453. Carriages for travelers and carriages laden with mer- chandise and not to include circus troupes or hawkers, under regulations prescribed 'by the Controller of Customs. 454. Apparel, wearing and other personal and household effects, not merchandise, of British subjects dying abroad, but domiciled in Canada; books, pictures, family plate or furni* ture, personal effects and heirlooms left by bequest. 455. Settlers' eflfects, viz.: Wearing apparel, household fur- niture, books, implements and tools of trade, occupation or employment, guns, musical instruments, domestic sewing machines, typewriters, live stock, bicycles, carts and other vehicles and agricultural implements in use by the settler for at least six months before his removal to Canada, not to include machinery, or articles imported for use in any manu- facturing establishment, or for sale; provided that any duti- able article entered as settlers' effects may not be so entered unless brought with the settler on his first arrival, and shall not be sold or otherwise disposed of without payment of duty, until after twelve months' actual use in Canada; provided also, that under regulations made by the Controller of Cus- toms, live stock, when imported into Manitoba or the North- west Territories by intending settlers, shall be free • until otherwise ordered by the Governor in Council. 456. Animals and articles brought into Canada temporarily and for a period not exceeding three months, for the purpose of exhibition or of competition for prizes offered by any agri- cultural or other association (but a bond shall be first given in accordance with regulations prescribed by the Controller of Customs, with the condition that the full duty to which such animals or articles would otherwise be liable shall be paid in case of their sale in Canada, or if not re-exported with- in the time specified in such bond). 457' Horses, cattle, sheep, swine and dogs, for" the improve- ment of stock, under regulations made by the Treasury Board and approved by the Governor in Council. 458. Menageries, horses, cattle, carriages and harness of, under regulations prescribed by the Controller of Customs. 459* Admiralty charts. 460. Typewriters, tablets with movable fixtures, and musi- ■f 45 yc6 DOMINION OF CANADA. cal initruments, when imported by and for the use of schools for the blind, and being and remaining the sole property of the governing bodies oi the said schools and not of private individ- uals; the above particulars to be verified by special affidavit on each entry when presented. 461. Globes, geographical, topographical and astronomical; maps and charts for the use of schools for the blind; picto- rial illustrations of insects or similar studies, when imported for the use of colleges, schools and scientific and literary so- cieties; manuscripts and insurance maps, and album insides oi paper. 46a. Philosophical instruments and apparatus— that is to say, such as are not manufactured in Canada, when imported for use in universities, colleges, schools, scientific societies, and public hospitals. 463. Botanical and entomological specimens; mineralogica) specimens; skins of birds, and skinn of animals not natives of Canada, for taxidermic purposes, not further manufactured than prepared for preservation; fish skins; and anatomical preparations and skeletons or parts thereof; and specimens, models and wall diagrams for illustration of natural history for universities and public museums. 464. Books, viz.: Books on the application of science to industries of all kinds, including books on agriculture, horti- culture, forestry, fish and fishing, mining, metallurgy, archi- tecture, electric and other engineering, carpentry, ship build- ing, mechanism, dyeing, bleaching, tanning, weaving and other mechanic arts, and similar industrial books; also books printed in any language other than the English and French languages, or in any two languages not being English and French, or in any three or more languages; and Bibles, prayer-books psalm and hymn-books, religious tracts, and Sunday-school lesson pictures. 465. Books, embossed, for the blind, and books for tke instruction of the deaf and dumb and bliad. 466. Books printed by any government or by any associa- tion for the promotion of science or letters, and official annual ireports of religious or benevolent associations, and iaaoed ia the course of the proceedings of the said associations, to tiieir snembtrs, and not for the purpose of sale or trade. 467. Books, not printed or reprimtei la Ca«ad«, wliidi are CUSTOMS TARIFF. 707 tke >eia* Inual itt leir are included and used as text-books in the curriculum of any uni- versity, incorporated college or normal school in Canada; books specially imported for the buna fide use of incorporated mechanics' institutes, public libraries, libraries of universities^ colleges and schools, or for the library of any incorporated medical, law, literary, scientific or art association or society, and being the property of the organized authorities of such li- brary, and not in any case the property of individuals — the whole under regulations to be made by the Controller of Cus* toms — Provided that importers of books who have sold the same for the purpose mentioned in this item, shall, upon proof of sale and delivery for such purpose, be entitled to a refund of any duty paid thereon, 468. Books, bound or unbound, which have been printed and manufactured more than twelve years. 469. Newspapers, and quarterly, monthly and semi-month- ly magazines, and weekly literary papers, unbound; and tailorsV milliners' and mantle makers' fashion plates. 470. Paintings in oil or water colors, by artists of well- known merit, or copies of the old masters by such artists; and paintings, in oil or water colors, the production of Canadian artists, under regulations to be made by the Controller of Cus- toms. 471. Clothing and books, donations of, for charitable pur- poses, and photographs, not exceeding three, sent by friends and not for the purpose of sale. 472. Life-boats and life-saving apparatus specially imported by societies established to encourage the saving of human life. 473. Coins, cabinets of, collections of medals and of other antiquities including collections of postage stamps; gold and silver eoins, except United States silver coin; medals of gold,. silver or copper, and other metallic articles actually bestowed as trophies or prizes and received and accepted as honorary distinctions, and cups or other prizes won in bona fide com- petitions; and medals commemorating the Diamond Jubilee of Her Majesty Queen Victoria, until the thirty-first of Decem- ber, 1897, and dies for manufacturing such medals. 474. Locomotive and railway passenger, baggage and freight cars, being the property oi railway companies in the United States, funning upon any line of road crossing the frontier, s* Hmg as Caaadiaa locomotives and cars arc admitted free I 1*1^ 7o8 DOMINION OF CANADA. under similar circumstances into the United States, under reg- ulations prescribed by the Controller of Customs. 475. Models of inventions and of other improvements in the arts— but no article shall be deemed a model which can be fitted for use. 476. Aluminum in ingots, blocks or bars, strips, sheets or plates; alumina and chloride of aluminum, or chloralum, sul* phate of alumina and alum cake; and alum in bulk only, ground or unground. 477. Ambergris; ammonia, sulphate of, sal*ammoniac, and nitrate of ammonia; arsenic; bromine, Burgundy pitch; cin> tiabar, cochineal, cyanide of potassium, and cyanogen or com> pound of bromine and potassium for reducing metals in min* ing operations; iodine, crude; kryolite or cryolite, mineral; oxalic acid; quinine, salts of; saltpetre; calcareous tufa; ali- zarine and artificial alizarine; aniline oil, crude; aniline salts and arsenite of aniline; annatto, liquid or solid; aniline dyes and coal tar dyes in bulk or packages of not less than one pound weight. 478. Antimony salts; antimony, or regulus of, not ground, pulverized or otherwise manufactured. 479. Artificial limbs. 480. Asphalt or asphaltum; bone pitch, crude only; and Tesin or rosin in packages of not less than one hundred pounds; and resin oil. 481. Anchors for vessels. 482. Bees. 483. Bells, when imported for the use of churches only. 484. Bismuth, metallic, in its natural state; blood albumen «nd tannic acid. 485. Blast furnace slag. 486. Blanketing and lapping, and discs or mills for engrav- ing copper rollers, when imported by cotton manufacturers, ■calico printers, and wall paper manufacturers, for use in their own factories only. 487. Bolting cloth not made up. 488. Bones, crude, not manufactured, burned, calcined, ^ound or steamed. 489. Book>binders* cloth. 490. Boracic acid, and borax, ground or unground, in bulk of not less than twenty-five pounds. i CUSTOMS' TARIFF. 709 491. Bristles, broom corn and hair brush pads. 402. Brass and copper, old and scrap, or in blocks; and brass or copper in bolts, bars and rods in coil or otherwise, not less than six feet in length, unmanufactured, and brass or copper in strips, sheets or plates, not polished, planished or coated, and brass or copper tubing, in lengths of not less than six feet, and not polished, bent or otherwise manufac- tured, and copper in ingots or pigs. 493. Britannia metal in pigs, blocks or bars. 494. Buckram, when imported for the manufacture of hat and bonnet shapes. 495. Bullion, gold and silver, in ingots, blocks, bars, drops, sheets or plates, unmanufactured; gold and silver sweepings, and bullion or gold fringe. 496. Burr-stones, in blocks, rough or unmanufactured, not bound up or prepared for binding into mill-stones. 497. Caplins, unfinished Leghorn hats and Manilla hoods. 498. Casts, as models for the use of schools of design. 409. Cane and rattans, not manufactured; osiers or wil- lows, and bamboos, unmanufactured, and bamboo reeds, not further manufactured than cut into suitable lengths for walk- ing sticks or canes, or for sticks for umbrellas, parasols or sunshades. 500. Cat-gut or gut cord, for musical instruments; and cat- gut or worm gut, unmanufactured, for whip and other cord. 501. Celluloid, xylonite or xyolite in sheets, and in lumps, blocks or balls in the rough. 502. Chloride of lime, in packages of not less than twenty- five pounds weight; cobalt, ore of; oxide of cobalt, oxide of tin and oxide of copper; copper, precipitate of, crude; dragon's blood; gypsum, crude (sulphate of lime); lava, unmanufac- tured; manganese, oxide of; phosphorus; litharge; saffron,. saffron cake, sa£9ower, and extract of; sulphate of iron (cop- peras) ; sulphate of copper (blue vitriol) ; sulphur and brim- stone, crude, or in roll or flour; tartar emetic and gray tartar;, cream of tartar in crystals and argal or argols; verdigris, or sub-acetate of copper, dry, zinc, salts of, and tartaric acid crystals. 503. Chronometers and compasses for ships. 504. Citron, lemon and orange rinds in brine. 505. Clays, including China clay, fire clay and pipe clay; gannister and sand. i, i • i. 'I'i i ''\m I I 710 DOMINION OF CANADA. 506. Coal, anthracite and anthracite coal dust; coke. 507. Coal and pine pitch, and coal and pine tar in pack- Ages of not less than 15 gallons. 508. Coir and coir yarn; raw cotton or cotton wool; and -cotton waste, not dyed, cleaned, bleached or otherwise manu* -factured; cotton yams, number forty and finer; and mohair yarns. 509. Communion plate, when imported for the use of •churches. 5x0. Crucibles, clay or plumbago. 511. Curling stones. Sia. Cups, brass, being rough blanks, for the manufacture •of paper shells or cartridges, when imported by manufactur- •ers of brass and papershells and cartridges, for use in the man- iifacture of such articles in their own factories. 513. Diamonds, unset, diamond dust or bort and black, for borers; and diamond drills for prospecting for minerals, not ■to include motive power. 514. Domestic fowls, pure-bred, for the improvement of atock, homing or messenger pigeons and pheasants and quails. 515. Drugs, crude, such as barks, flowers, roots, beans, ber- •ries, balsams, bulbs, fruits, insects, grains, gums and gum fesins, herbs, leaves, nuts, fruit and stem seeds— which are ■not edible and which are in a crude state and not advanced in value by refining or grinding or any other process of manu- facture and not otherwise provided for; egg yolk; fuller's •earth, in bulk only, not prepared for toilet or other purposes; lead, nitrate and acetate of, not ground; litmus and all lichens, prepared or not prepared; musk, in pods or in grain; roots, medicinal, viz. :~alkanet, crude, crushed or ground, aconite, calumba, folia digitalis, gentian, ginseng, jalap, ipecacuanha, iris, orris root, liquorice, sarsaparilla, squills, taraxacum, rhu- 1>arb and valerian, unground; vaccine and ivory vaccine points; gum chicle or sappato gum, crude; platinum and black oxide of copper, for use in the manufacture of chlorate; potash, chlorate of, not further prepared than ground, and free -from admixture with any other substance; and bacteriological products or serum for subcutaneous injection. 516. Duck for belting and hose, when imported by manu- 'facturers of such articles for use in the manufacture thereof 4n their own factories; and canvas or fabric, not frictionized, for CUSTOMS TARIFF. 711 the manufacture of bicycle tiret when imported by the manu* facturers of bicycle tires for use exclusively in the manufacture of bicycle tires in their own factories. 517. Dyeing or tanning articles, in a crude state, used in dyeing or tanning, n. e. a., berries for dyeing or used for com> posing dyes; turmeric, nut galls and extracts thereof; lac, crude, seed, button, stick and shell; indigo, indigo paste and extract of, and indigo auxiliary or tine dust; persis, or extract of archill and cudbear; terra Japonica, gambler or cutch, ex* tract of logwood, fustic, oak and oak bark and quebracho; camwood and sumac and extract thereof, tanner's bark, hem- lock bark and oak bark; ground logwood, ground fustic, pat- ent prepared dyes, and ground oak bark; iron liquor, solutioni of acetate or nitrate of iron for dyeing ahd calico printing; madder and munjeet, or Indian madder, ground or prepared, and all extracts of; red liquor, a crude acetate of aluminum prepared from pyroligneous acid, for dyeing and calico print' ing. 518. Emery in bulk, crushed or ground. 519. Felt, adhesive for sheathing vessels. Sao. Fertilizers, uncompounded or unmanufactured, includ- ing phosphate rock, kainite or German potash salts, German •nineral potash, bone-dust, bone black or charred bone and uone-ash, fish offal or refuse, guano and other animal or veg- etable manures. $21. Fibre, Mexican, natural, and tampico or istle 'and veg- etable fibres; fibrilla, flax fibre and flax tow; grass, Manilla, Esparto or Spanish, and other grasses, and pulp of, including fancy grasses, dried but not colored or otherwise manufac- tured; moss, Iceland, and other mosses, seagrass and sea- weed, crude or in their naturai state, or cleaned only; and kelp. 53a. Fire bricks, for use in processes of manufacture or for manufacturing purposes. 533. Fillets of cotton and rubber not exceeding seven inches wide, when imported by and for the use of manufac- turers of card clothing in their own factories. 534. Fish hooks, for deep sea or lake fishing, not smaller in size than number ?.o; bank, cod, pollack and mackerel fish lines; and mackerel, herring, salmon, seal, seine, mullet, net j^nd trawl twine in hanks or coil, barked or not— in variety of (t; r' iii & 712 DOMINION OF CANADA, sizes and threads — including gilling thread in balls, and head ropes, barked marline, and net morsels of cotton, hemp or flax, and deep sea fishing nets or seines, when used exclusively for the fisheries, and not to include hooks, lines or nets com- monly used for sportsmen's purposes. 525. Flint, flints and ground flint stones; feldspar, cliff, chalk, Chinu or Cornwall stone, ground or unground; gravels; precious stones in the rough. 526. Florist stock, viz.: — Palms, bulbs, corms, tubers, rhizomes, araucaria, spiraea and lilies of the valley; seedling stock for grafting, viz. : plum, pear, peach and other fruit trees; seeds, viz.: annatto, beet, carrot, flax, turnip, mangold, mustard, sowing rapeseed and mushroom spawn; aromatic seeds which are not ediMe and are in a crude state, and not advanced in value or condition by grinding or refining or by any other process of manufacture, viz. : anise, anise star, cara- way, cardamon, coriander, cumin, fennel and fenugreek; seed pease and seed beans from Britain; beans, viz.: tonquin, vanil- la and nux vomica, crude only, locust beans and locust bean meal, and cocoa beans, not roasted, crushed or ground; fruits, viz.: bananas, plantains, pineapples, pomegranates, guavas, mangoes and shaddocks; wild blueberries, wild strawberries and wild raspberries; and trees, n. e. s. 527. Fossils, shells, tortoise and mother-of-pearl, and other shells unmanufactured. 528. Foot-grease, being the refuse of cotton seed after the oil h'>s been pressed out, but not when treated with a'' der Customs regulations. 541. Ingot moulds; iron sand or globules or iron shut and dry putty for polishing glass or granite. 542. Iron or steel masts, or parts thereof, and ire or steel beams, angles, sheets, plates, knees, and cable cnain for wooden, iron, steel, or composite ships and vessels, and iron, steel or brass manufactures which at the time of their impor* tation are of a class or kind not manufactured in Canada, when imported for use in the construction or equipment of ships or vessels. 543. Ivory and ivory nuts, piano key ivories and veneers- of ivory unmanufactured. 714 DOMINION OF CANADA. 544. Junk, old. 545. Jute and jute butts; and jute cloth, as taken from the loom, not colored, cropped, mangled, pressed, calendered nor ^nished in any way. 546. Jute, flax or hemp yam, plain, dyed or colored, jute canvas, not pressed or calendered, when imported by the man- ufacturers of carpets, rugs, and mats, jute webbing or jute •cloth, hammocks, twines and floor oilcloth, for use in the manufacture of any of these articles only, in their own fac- tories. 547. Lamp black and ivory black. 548. Lastings, mohair cloth, or other manufactures of •cloth, when imported by manufacturers of buttons for use in their own factories, and woven or made in patterns of such •size, shape or form, or cut in such manner as to be fit for covering buttons, exclusively. These conditions to be ascer- tained by special examination by the proper officer of customs, and so certified on the face of each entry. 549. Leeches. 550. Lime juice, crude only. 551. Locomotive and car wheel tires of steel in the rough. 552. Meerschaum, crude or raw. 553. Metal glove fasteners; papier-mache shoe buttons, «hoe eyelets, shoe eyelet hooks, shoe lace wire fasteners, and sewing machine attachments. 554. Mineral waters, natural, not in bottle, under regula- tions prescribed by the Cr- roller of Customs. 555. Machinery importei ^exclusively for mining, smelting and reducing, viz.:— Coal cutting machines except percussion coal cutters, coal heading machines, coal augers and rotary coal drills, core drills, miners' safety lamps, coal washing ma- chinery, coke-making machinery, ore drying machinery, ore roasting machinery, electric or magnetic machines for separat- ing or concentrating iron ores, blast furnace water jackets, converters for metallurgical processes in iron or copper, briquette making machines, ball and rock emery grinding ma- chines, copper plates, plated or not, machinery for extraction of precious metals by the chlorination or cyanide processes, monitors, giants and elevators for hydraulic mining, amalgam «afes, automatic ore samplers, automatic feeders, jigs, classi* fiers, separators, retorts, buddies, vanners, mercury pumps. CUSTOMS TARIFF. 715 pyrometers, bullion furnaces, amalgam cleaners, gold mining slime tables, blast furnace blowing engines, wrought iron tub* ing, butt or lap welded, threaded or coupled or not, not less than 2 1-2 inches diameter, when imported for use exclusively in mining, smelting, reducing or refining. 556. Nickel; and ores of metal of all kinds; and silex or crystallized quartz. 557. Oakum. 558. Oils, viz. :— Cocoanut and palm, in their natural state; and carbolic or heavy oil; oil of roses and ottar or attar of roses, and olive oil for manufacturing soap or tobacco, or for canning fish. 559. Oil cake and oil cake n^eal, cotton seed cake and cot> ton seed meal, and palm nut cake and meal. 560. Oysters, seed and breedmg, imported for the purpose of being planted in Canadian waters. 561. Oleo-stearine and degras. 56a. Palm leaf, unmanufactured. 563. Plaits, plain, not to include braid or fancy trimmings, composed of chip, manilla, cotton, mohair, straw, Tuscan and grass. 564. Platinum wire and platinum in bars, strips, sheets or plates; platinum retorts, pans, condensers, tubing, and pipe, when imported by manufacturers of sulphuric 9'^'d for use in their works in the manufacture or concentratic jf sulphuric acid. 565. Potash, muriate and bichromate of, crude, caustic, pot- ash, and red and yellow prussiate of potash; also pot and pearl ash, in packages of not less than twenty-five pounds weight. 566. Prunella. 567. Pumice and pumice stone ground or unground. 568. Quicksilver. 569. Quills in their natural state or unplumed. 570. Rags of cotton, linen, jute, hemp and woolen, paper waste clippings, and waste of any kind except mineral. 571. Rennet, raw and prepared. 572. Ribs of brass, iron or steel, runners, rings, caps, notches, ferrules, mounts and sticks or canes in the rough, or not further manufactured than cut into lengths suitable for umbrella, parasol or sunshade or walking sticks, when import- ed by manufacturers of umbrellas, parasols and sunshades for I ■ I 7i6 DOMINION OF CANADA. use in their factories in the manufacture of umbrellas, para- sols, sunshades or walking sticks. 573. Rubber and gutta percha, crude caoutchouc or India- rubber, unmanufactured; powdered rubber and rubber waste; hard rubber in sheets but not further manufactured, and re- covered rubber and rubber substitute. 574. Rolled round wire rods in the coil, of iron or steely not over three-eighths of an inch in diameter, when imported by wire manufacturers for use in making wire m the coil, in their own factories. 575. Rubber thread, elastic. 576. Reeds, square or round, and rawhide centers, textile leather or rubber heads, thumbs and tips, and steel, iron or nickel caps for whip ends, when imported by whip manufactur- ers for use in the manufacture of whips in their own fac- tories. 577. Rollers, copper, for use in calico printing, when im- ported by calico printers for use in their factories in the print- ing of calicoes and for no other purpose (such rollers not be- ing manufactured in Canada). 578. Astrakhan or Russian hare skins and China goat plates or rugs, holly or partially dressed, but not dyed. 579. Salt, imported from the United Kingdom or any British possession, or imported for the use of the sea or gulf fisheries. 580. Sausage skins or casings, not cleaned. 581. Scrap iron and scrap steel, old and fit only to be re- manufactured, being part of or recovered from any vessel wrecked in waters subject to the jurisdiction of Canada. 582. Silk, raw or as reeled from the cocoon, not being doubled, twisted or advanced in manufacture in any way; silk cocoons and silk waste. 583. Silk in the gum, or spun, when imported by manufac- turers of silk underwear to be used for such manufacture in their own factories. 584. Silver, nickel and German, in ingots, blocks, bars, strips, sheets or plates, unmanufactured. 585. Steel rails weighing not less than 45 pounds per lineal yard for use only in the tracks of a railway which is employed in the common carrying of goods and passengers and is oper- ated by steam motive power only; provided that this item shall CUSTOMS TARIFF. m not extend to rails for tracks of a railway which is used for pri- vate purposes only, nor shall this item extend to rails for use in the tracks of any electric railway, street railway, or tram- way. 586. Soda, sulphate of, crude, known as salt cake, barilla or soda ash, caustic soda; silicate of soda in crystals or in solution; bichromate of soda, nitrate of soda or cubic nitre, «alsoda, sulphide of sodium, nitrate of soda; arseniate, binar- seniate, chloride, chlorate, bisulphite and stannate of soda. 587. Spurs and stilts, used in the manufacture of earthen- Steel bowls for cream separators, and cream separa- ware. S88. tors. 589. Steel saws and straw cutters cut to shape, but not further manufactured. 590. Crucible sheet steel, eleven to sixteen gauge, two and one-half to eighteen inches wide for the manufacture of mower and reaper knives, when imported by the manufacturers there- of for use for such purpose in their own factories. 591. Steel of number twenty gauge and thinner, but not thinner than number thirty gauge, for the manufacture of cor* set steels, clock springs and shoe shanks, when imported by the manufacturers of such articles for exclusive use in the manufacture thereof in their own factories. 592. Flat steel wire, of number sixteen gauge or thinner, when imported by the manufacturers of crinoline or corset wire and dress stays, for use in the manufacture of such articles in their own factories. 593. Steel valued at two and one-half cents per pound and upwards, when imported by the manufacturers of skates, for use exclusively in the manufacture thereof in their own fac- tories. 594. Steel, under one-half inch in diameter, or under one- half inch square, when imported by the manufacturers of cut- lery.or of knobs, or of locks, for use exclusively in the manu- facture of such articles in their own factories. 595. Steel of number twelve gauge and thinner, but not thinner than number thirty gauge, for the manufacture of buckle clasps, bed fasts, furniture casters, and ice creepers, when imported by the manufacturers of such articles, for use exclusively in the manufacture thereof in their own factories. 718 DOMINION OF CANADA. 596. Steel of number twenty-four and seventeen gauge, in sheets sixty-three inches long, and from eighteen inches to thirty-two inches wide, when imported by the manufacturers of tubular bow sockets for use in the manufacture of such articles in their own factories. 597. Steel for the manufacture of bicycle chain, when im- ported by the manufacturers of bicycle chain for use in the manufacture thereof in their own factories. 598. Steel for the manufacture of files, augers, auger bits,, hammers, axes, hatchets, scythes, reaping hooks, hoes, hand- rakes, hay or straw knives, windmills and agricultural or har- vesting forks when imported by the manufacturers of such or any of such articles for use exclusively in the manufacture thereof in their own factories. 599. Steel springs for the manufacture of surgical trusses,, when imported by the manufacturers for use exclusively in the manufacture thereof in their own factories. 600. Flat spring steel, steel billets and steel axle bars, when imported by manufacturers of carriage springs and carriage axles for use exclusively in the manufacture of springs and axles for carriages or vehicles other than railway or tramway, in their own factories. 601. Spiral spring steel for spiral springs for railways, when imported by the manufacturers of railway springs for use ex- clusively in the manufacture of railway spiral springs in their own factories. 602. Steel strip and flat steel wire when imported into Can- ada by manufacturers of buckthorn and plain strip fencing,. lor use in the manufacture of such articles in their own fac- tories and barbed fencing wire of iron or steel after January ist, iSgB. 603. Galvanized iron or steel wire number nine, twelve and thirteen gauge, after January ist, 1898. 604. Stereotypes, electrotypes and celluloids of newspaper columns in any language other than French and English, and of books, and bases and matrices and copper shells for the same, whether composed wholly or in part of metal or cellu- loid. 605. Surgical and dental instruments (not being furniture) aad surgical needles, alter January ist, 1898. 606. Tagging atctal, plain, iapa«ncd or coated, in soils, net CUSTOMS TARIFF. 7I5» over one and a half inches in width, when imported by manu> facturers of shoe and corset laces for use in their factories. 607. Tails, undressed. 608. Tea and green coffee imported direct from the coun- try of growth and production, and tea and green coffee pur> chased in bond in the United Kingdom, provided there iS' satisfactory proof that the tea or coffee so purchased in bond is such as might be entered for home consumption in the United Kingdom. 609. Teasels. 610. Tin, in blocks, pigs, bars and sheets, tin plates, tin crystals, tin strip waste, and tin foil, tea lead. 611. Timber or lumber or wood, viz.: lumber and timber planks and boards of amaranth, cocoboral, boxwood, cherry » chestnut, walnut, gumwood, mahogany, pitch, pine, rosewood,, sandal-wood, sycamore, Spanish cedar, oak, hickory, white- wood, African teak, blackheart ebony, lignum vitae, red ce- dar, redwood, satin-wood, and white ash, when not otherwise manufactured than rough-sawn or split or creosoted, vulcan- ized or treated by any other preserving process; sawed or split boards, planks, deals and other lumber when not further manufactured than dressed on one side only or creosoted, vul- canized or treated by any preserving process; pine and. spruce clapboards; timber or lumber hewn or sawed, squared or sided or creosoted; laths, pickets and palings; staves not listed or jointed of wood of all kinds: firewood, handle, head- ing, stave, and shingle bolts, hop poles, fence posts, railroad ties; hubs for wheels, posts, last blocks, wagon, oar, gun, head- ing and all like blocks or sticks rough hewn, or sav^ed only; felloes of hickory wood, rough sawn to shape only, or roughr sawM and bent to shape, not planed, smoothed or otherwise manufactured; hickory billets and hickory lumber, sawn to shape lor spokes of wheels, but not further manufacturedv hickory spokes, rough turned, not tenoned, mitred, throated^ faced, sized, cut to length, round tenoned or polished: shingles- of wood; the wood of the persimmon and dogwood trees; and logs and round unmanufactured timber, ship timber or ship> planking, not specially enumerated or provided for in this Act. tfta. D shovel handles, wholly of wood, and Me. ican saddle- trew and stirrups of wood. tfi3. Corkwood, t cork bark, unmaanfacttured. * f 1 Wi:l Wmsi (p'K 1 - ] \ ' i 1 i -I . " I ■ ■ -l 1 i % ■''9 730 DOMINION OF CANADA. 614. Sawdust of the following woods: Amaranth, cocobo- ral, boxwood, cherry, chestnut, walnut, grumwood, mahogany, pitch pine, rosewood, sandal-wood, sycamore, Spanish cedar, •oak, hickory, whitewood, African teak, black-heart ebony, lig- num vitae, red cedar, redwood, satin-wood, white ash, per- simmon and dogwood. 615. Treenails. 616. Tobacco, unmanufactured, for excise purposes, under •conditions of the Inland Revenue Act, until July ist, 1897. 617. Tubes, rolled iron not welded or joined, under one and and one-half inch in diameter, angle iron, nine and ten gauge -not over one and one-half inch wide, iron tubing lacquered or "brass covered, not over one and one-half inch in diameter, all of which are to be cut to lengths for the manufacture of bed- steads, and to be used for no other purpose, and brass trim- mings for bedsteads, when imported by or for manufacturers of iron or brass bedsteads to be used for such purposes only in their own factories, until such time as any of the said articles are manufactured in Canada. 6x8. Turpentine, raw or crude. 619. Turtles. 620. After xst January, i8g8, binders* twine, or twine for harvest binders, of hemp, jute, manilla or sisal, and of manilla and sisal mixed, and all articles upon which duties are levied which enter into the cost of the manufacture of such twine, tinder regulations to be made by the Controller of Customs. 621. Ultramarine blue, dry or in pulp. 622. Varnish, black and bright, for ships' purposes. 623. Whalebone, unmanufactured. 634. Whiting or whitening, Paris white and gilders' whit- ing, blanc fixe and satin white. 625. Wire, crucible cast steeL 626. Wire rigging for ships and vessels. 627. Wire, of brass, zinc, iron or steel, screwed or twisted, or flattened or corrugated, for use in connection with nailing machines for the manufacture of boots and shoes, when im- ported by manufacturers of boots and shoes, to be used for such purposes only in their own factories. 628. Steel wire, Bessemer soft dawn spring, of numbers ten, twelve and thirteen gauge, respectively, and homo steel spring wire of numbers eleven and twelve gauge, respectively, when CUSTOMS TARIFF. •J2X imported by manufacturers of wire mattresses, to be used in their own factories in the manufacture of such articles. 629. Wool and the hair of the camel, alpaca, goat, and other like animals, not further prepared than washed, n. e. s.; noils being the short wool which falls from the combs in worsted factories; and worsted tops, n. e. s. 630. Wool or worsted yarns, when genapped, dyed or fin- ished and imported by manufacturers of braids, cords, tassels and fringes to be used in the manufacture of such articles only in their own factories. 631. Yarn spun from the hair of the alpaca or of the angora goat, when imported by manufacturers of braids for use ex- clusively in their factories in the manufacture of such braids only, under such regulations as are adopted by the Controller of Customs. 632. Yellow metal, in bolts, bars and for sheathing. 633. Zinc spelter and zinc in blocks, pigs, sheets and plates; and seamless drawn tubing. 634. Molasses, second process, or molasses derived from the manufacture of "molasses sugar," testing by polariscope less than 35 degrees, when imported by manufacturers of blacking, for use in their own factories, in the manufacture of blacking — conditional that the importers shall, in addition to making oath at the time of entry that such molasses is imported for such ttse and will not be used for any other purpose, cause such molasses to be at once mixed in a proper tank made for the pur- pose with at least one-fifth of the quantity thereof of cod or other oil, whereby such molasses may be rendered unfit for any other use, such mixing to be done in the presence of a Customs officer at the expense of the importer, and under such further regulations as are from time to time considered neces- sary in the interest and for the protection of the revenue, and that until such mixing is done and duly certified on the face of the entry thereof by such Customs officer the entry shall be held to be incomplete and the molasses subject to the usual rate of duty as when imported for any other purpose. 635. Bags, barrels, boxes, casks and other vessels exported filled with Canadian products, or exported empty and returned filled with foreign products and articles the growth, produce and manufacture of Canada, when returned after having been exported; provided that proof of the identity of such articles 46 M 7M DOMINION OF CANADA. and goods shall be made under regulations to be prescribed by the Controller of Customs, and that such articles and goods are returned within three years from time of exportation, without having been advanced in value or improved in condition by any process of manufacture or other means; provided further that this item shall not apply to any article or goods upon which an allowance of drawback has been made, the re-importa* tion of which is hereby prohibited except upon payment of duties equal to the drawback allowed; nor shall this item ap> ply to any article or goods manufactured in customs or excise bonded warehouses and exported under any provision of law. SCHEDULE C. PROHIBITED GOODS. 636. Books, printed paper, drawings, paintings, prints, photo- graphs or representations of any kind of a treasonable or sedi* tious, or of an immoral or indecent character. 637. Reprints of Canadian copyright works, and reprints of British copyright works which have been copyrighted in Can* ada also. 638. Coin base or counterfeit. 639. Oleomargarine, butterine or other similar substitute for butter. 640. Tea adulterated with spurious leaf or with exhausted leaves, or containing so great an admixture of chemical or other deleterious substances as to make it unfit for use. 641. Goods manufactured or produced wholly or in part by prison labor, or which have been made within or in connection with any prison, jail or penitentiary; also goods similar in char* acter to those produced in such institutions, when sold or of- fered for sale by any person, firm or corporation having a contract for the manufacture of such articles in such institu- tions or by any agent of such person, firm or corporation, or when such goods were originally purchased from or transferred by any such contractor. SCHEDULE D. RECIPROCAL TARIFF. On all the products of countries entitled to the benefits of this Reciprocal Tariff, under the provisions of section sixteen* CUSTOMS TARIFF. 7*y the duties mentioned in schedule A shall be reduced as fol- lows: — On and after th« twenty-third of April, 1897, until the thir- tieth day of June. 1898, inclusive, the reduction shall in every case be on'>eighth of the duty mentioned in schedule A, and* the duty to be levied, collected and paid shall be seven*eighth» of the duty mentioned in schedule A. On and after the first day of July, 1898, the reduction shall in every case be one-fourth of the duty mentioned in schedule A, and the duty to be levied, collected and paid shall be three* fourths of the duty mentioned in schedule A. Provided, however, that these reductions shall not apply to- any of the following articles, and that such articles shall in all cases be subject to the duties mentioned in schedule A, viz.:— wines, malt liquors, spirits, spirituous liquors, Ifquid medicines and articles containing alcohol; sugar, molasses and syrups of all kinds, the product of the sugar cane or beet root; tobacco^ cigars and cigarettes. ■lit i'ffi PART XIII. MINING FORMS FOR ALASKA AND UNITED STATES. PART 13. MINING FORMS FOR USE UNDER UNITED STATES LAWS INCLUDING Al^SKA. FORM I. DISCOVERY NOTICE. 189 claim The lode, discovered by , -feet V and feet from discovery. The above form may be v.sed by prospectors who cannot at time of discovery run the lines, and definitely describe the location; within a reasonable time (thirty days), the lines should be surveyed or definitely lo:ated, and a new location notice posted. (See form below.) FORM 2. NOTICE OF LOCATION. Notice is hereby given that the undersigned having com- plied with the requirements of chapter 6, title 32, Revised Stat- utes of the United States, and the local customs, laws and regulations, has located.... linear feet on the.... lode, situated in.... mining district, in ....county. State of ; described as follows Discovered Located Locator. Care must be taken to describe the claim accurately by ref- erence to natural objects, such as mountains or spurs, and the boundaries must also be distinctly marked on the ground to show the extent and location of the claim, using suitable monuments. Should be as nearly as practicable as the follow- -ing diagram: Stake. O- Stake. O- -O Stake. O Location shn ''t. -<>t»ke. O- O Discovery stake. Stake. -O Stake. MINING FORMS. im >w- ^' (If a placer location on surveyed lands, describe by legal subdivisions.) LOCATION CERTIFICATE-PLACER CLAIM. Know all men by these presents, that I, the under> signed citizen of the United States, resident of the county of .... and State of having complied with the provisions of chapter 6, title 32 of the Revised Statutes of the United States, and with local customs, laws and regulations, claim by right of discovery and location, as a placer claim, the following prem- ises situate, lying and being in... mining district (or county), county of and State of to wit: (Description.) To be known as: (Name.) Located — , 189.. Date of certificate , 189.. FORM 3- LOCATION CERTIFICATE— LODE CLAIM. Know all men by these presents, that I, , of the county of State of...., claim by right of discovery and location ....feet, linear and horizontal measrrement, on the.... lode, along the vein thereof, with all its dips, variations and angles; together with.... feet in width on each side of the middle of said vein at the surface, and all vfins, lodes, ledges, deposits and surface ground within the lines of the said ciaim;....feet on said lode running.... from the center of the discovery shaft, and feet running.... from ^aid center of discovery shaft. Said claim is situated in the of in mining district, county of , State of , and bounded and described as follows: Date of discovery...., 189.. Staked and located...., 189.. Date of certificate 189 Attest: As a part of this form, and in addition to the data therein given, the claimant is reciuired to state the names of adjoining claims, and if none adjoin, the relative positions of those near- est, or show by affidavit or otherwise why this is not done. This is an essential requirement. This notice must be recorded in the office of the mining re- corder and in the office of the auditor of the county in which claim is situate. pi m N'l ■■fell m m ■'^.. 728 UNITED STATES AND ALASKA. FORM 4. AFFIDAVIT OF LABOR PERFORMED. State of county of...., ss: Before me, the subscriber, personally appeared — who, be- ing duly sworn said that at least... dollars worth of work or im* provements were performed or made upon the.... lode, situate on mountain, in mining district, county of State of ...., between the first day of A. D. 189.., and the thirty- first day of A. D. 189.. Such expenditure was made by or at the expense of owner (or one of the owners) of said claim, for the purpose of complying with the law and holding said claim. Sworn and subscribed to before me this — day of , A. D.» 189 (Seal.) ., Notary Public. FORM s. AMENDED LOCATION CERTIFICATE. Know all men by these presents, that I, of the county of State of..., do hereby make and file this, my amend- ed certificate of location upon the.... lode mining claim, situate in.... mining district, county of , State of , claiming.... feet in width on each side of the center of said lode at the sur- face, and all veins, lodes and ledges within the lines of said claim, with their dips, variations and angles; ...fifcet on said lode running...., ....degrees.... from center of discovery shaft, and feet running degrees from said center of dis- covery shaft. Said lode mining claim is bounded and described as follows, to wit: Beginning at corner No. i (describe by metes and bounds with ties from surveyor's notes) being the same lode of which the original location certificate (made by ) is filed in in the ofilce of the clerk and recorder of said.... county. This amended certificate is tiled without waiver of any previous rights, for the purpose of correcting and mak- ing more specific the boundaries and description of said lode as orignally located upon the ground. Date of original location A. D Date of certificate • . • • , A* JJ MINING FORMS. 7a> FORM 6. CERTIFICATE OF RELOCATION. .Know all men by these presents, that I , of the county of , State of , claim by right of relocation feet^ linear and horizontal measurement, on the lode, along the vein thereof, with all its dips, variations and angles, together with feet in width on each side of the middle of said veia at the surface; and all veins, lodes, ledges and surface ground. within the lines of said claim feet on said lode running degrees from the center of the discovery shaft, and feet running , degrees from said center ol discovery shaft. Said discovery shaft being situate upon said iode, within the lines of said claim, in mining district, county of , State of , said claim being bounded and described as follows: Beginning at corner No. i, etc. (describe as in cas^ of original location, and conclude as follows:) Being the same lode originally located on the day of , A. D , and recorded on the day of , A. D in , in the office of the recorder of said county. This further certificate of location is made without waiver of any previous rights, but to correct any error in prior location or record, to secure all abandoned over- lapping claims. Date of relocation A. D Date ui certificate , A. D (Signed) Attest : I i FORM 7. TUNNEL CLAIM LOCATION CERTIFICATE. Know all men by these presents, that the undersigned, citi-^ zens of the United States, have this day of i8.., claimed by right of location, a tunnel claim for the purpose of discovering and working veins, lodes or deposits on the line thereof (cutting the lode and working the lode). Said tunnel claim is situated in the mining district, county of State of , and the location and bounds of said tunnel are staked on the surface at the place of commencement and termination, as well as along the line thereof said claim is more ^30 UNITED STATES AND ALASKA. particularly described as follows: (Give courses and distances, ■and describe as in lode location by natural objects.) * Locator. Dated To this should be added a claim for dump location; it may rbe separate or included in the above, and should be merely a notice that 135 feet on each side of the mouth of the tunnel by -350 feet in front is claimed as ground for dumping purposes. If made separately, it must be recorded same as tunnel loca* :tion. FORM 8. NOTICE OF RIGHT TO WATER. The undersigned claims the water running in this stream rior mining purposes to the extent of cubic inches per sec- ond of time, to be conveyed by (ditch or flume) from this point to claim , 18.. (Signed) A copy of this notice is to be posted where it is intended to •divert the water, and a copy filed for record in the ofHce of the -county auditor of the county in which the point of divergence may be, within ten days; and actual work must be commenced 'Within six months. FORM 0. APPLICATION TO U. S. SURVEYOR-GENERAL SURVEY OF MINING CLAIM. FOR 189.. V. S. Surveyor-General, Sir: , claimant , hereby make application for an official survey, under the provisions of Chapter Six, Title Thirty-two, of the Revised Statutes of the United States, and regulations and instructions thereunder, of the mining claim known as the situate in mining district, County, , in section , Township No , Range No. Said claim is based upon a valid location made on 18.., and duly recorded on , 18.., and is fully described in the 4uly certified copy of the record of the location certificate, filed lierewith. Said certificate contains the name of the locator , MINING FORMS. 73« the date of location, and such a definite description of the claim by reference to natural objects or permanent monuments as will identify the claim, and said location has been distinctly marked by monuments on the ground, so that its boundaries can be readily traced. request that you will send an estimate of the amount required to defray the expetises of platting and other work in your ofnce required under the regulations, that.... may make proper deposit therefor, and that thereupon you will cause the survey to be made by , U. S. Deputy Mineral Surveyor, and proper action to be taken thereon by your office, as re> herewith, the said vein, lode and mining premises hereby sought to be patented being bounded on the by the mining claim. Any and all persons claiming adversely the mining ground^ vein, lode, premises, or any portion thereof so described, sur- veyed, platted and applied for, are hereby notified that unless* their adverse claims are duly filed as according to law and the regulations thereunder within sixty days from the date hereof,. with the Register of the United States Land Office at r- in the of , they will be barred, in virtue of the: provisions of said statute. (Names of applicants.) Dated on the ground this day of 189... Witness : (Names of witnesses) Subscribed and sworn to before me this day of ^ 189.., and I hereby certify that I consider the above deponents^ credible and reliable witnesses, and that the foregoing affidavit and notice were read by each of them before their signature* were affixed thereto and the oath made by them. FORM 13. PROOF THAT PLAT AND NOTICE REMAINED POST- ED ON CLAIM DURING PERIOD OF PUBLICATION. of , County of ss. being first duly sworn according to law, deposes and says, that he is claimant (and co-owner with ) in the mining claim mining district, county, the official plat of which premises, designated by the Surveyor-General, as lot No together with the notice of intention to apply tor a patent therefor, was posted thereon, on the day of A. D. 1889, as fully set fortbi and described in the affidavit of and , dated the day of , A. D. 188-, which affidavit was duly filed in the office of the Register at in this case; and that the plat and notice so mentioned and described, remained. 736 UNITED STATES AND ALASKA. continuously and conspicuously posted upon said mining claim from the day of , A. D. 189-, until and includ- ing the day of , A. D. 189.., including the sixty days period during which notice of said application for patent was published in the newspaper. (Jurat.) (One of the applicants.) FORM 14. REGISTER'S CERTIFICATE OF POSTING NOTICE FOR SIXTY DAYS. United States Land Office, at , 189-. I hereby certify that the official plat of the lode designated by the Surveyor-General as lot No was •filed in this ofHce on the day of , A. D. iSg--, and that the attached notice of the intention of to apply for a patent for the mining claim or premises embraced by said plat, and described in the field notes of survey thereof filed in said application, was posted conspicuously in this office on the day of , A. D. 189.., and r nained so posted until the day of A. D. 189--, being the full period of sixty consecutive days during the period of publica- tion as required by law; and that said plat remained in this office during that time, subject to examination, and that no ad- verse claim thereto has been filed. , Register. FORM IS. NOTICE FOR PUBLICATION IN NEWSPAPER. APPLICATION FOR A PATENT. U. S. Land Office • 189.. Notice is hereby given, that whose post-office ad- dress is , has this day filed his application for a patent for linear feet of the mine or vein, bearing with surface ground feet in width, situated in mining district, county of , and of £ind designated by the field notes and official plat on file in this MINING FORMS. in office as lot number in township , range of , meridian said lot No being as follows: Beginning , magnetic variation , containing acres. The location of this mine is recorded in the Recorder's Of- fice of , in book of The adjoining claimants are Any and all persons claiming adversely any portion of said mine or surface ground are required to file their ad- verse claims with the Register of the United States Land Office at , in the of during the sixty days period of publication hereof, or they will be barred by virtue of the provisions of the Statute. Register. It is hereby ordered, that the foregoing Notice of Applica- tion for patent be published for the period of days (ten consecutive weeks), in the a newspaper published at Register. FORM NO. i6. PROOF OF PUBLICATION. of county of ss. being first duly sworn, deposes and says: that he is the of the a newspaper published at in county, in the of that the Notice of Application for a patent for the mining claim, of which a copy is hereto attached, was first published in said newspaper in its issue, dated the of iSg-, and was published in each issue of said news- paper thereafter for nine consecutive weeks or the the full period of sixty days, the last publication thereof being in the issue dated the day of i8... Subscribed and sworn to before me, this day of , i8... Notary Public. 47 738 UNITED STATES AND ALASKA. FORM X7. AGREEMENT OF PUBLISHER. The undersigned, publisher and proprietor of the , a newspaper, published at , county of » and of , does hereby agree to publish a notice, dated United States Land Office , required by Chapter Six of Title Thirty-two, Revised Statutes of the United States, of the intention of to apply for a patent for his claim on the lode, situated in mining district, county of , of and tc hold the said alone re- sponsible for the amount due for publishing the same. And it is hereby expressly stipulated and agreed that no claim shall be made against the Government of the UnTlcd States, or its officers or agents, for such publication. Witness my hand and seal this day of ,A. D. 189... Witness: FORM 18. PROOF OF OWNERSHIP AND POSSESSION IN CASE OF LOSS OR ABSENCE OF MIN- ING RECORDS. of County of as. , and , each for himself, and not one for the other, being first duly sworn according to law, deposes and says that he is a citizen of the United States, over the age of twenty-one years, and a resident of county, , and has resided in mining district, wherein the mine is situated, since day of , 18... That since said date he has been acquainted with the mine, and with the possessors and workers thereof. That said mine was located and has been possessed and worked in accordance with the customs and usages of miners in said district, and in conformity with the rules and regulations gov- erning the location, holding and working of mining claims, in force and observed in the of That there are no written records known to deponent existing m said mining 'I it MINING FORMS. 739 district. That affiant is credibly informed and believes that the mine was located in the year 18.., and that if any record was made of said location, and of the names of locators, the same has not been in existence for a long number of years past, and that by reason thereof the names of lo- cators cannot now be ascertained, and no abstract of title from locators to the present owner can be made. That the possession of applicant and his predecessors in interest of said mine has been actual, notorious and continuous, to the positive knowledge of deponent, since his residence in said mining district and that such possession has been perfected and maintained in conformity with mining usages and customs, and has been acquiesced in and respected by the miners of said district. That applicant's right to the said mine is not in litigation within the knowledge of affiant, and that no action or actions have been commenced affecting the right to said mine since his acquaintance therewith (and that the time for the commencement thereof, as required to be insti- tuted under the provisibns of the Statute of Limitations of the of , has long since elapsed). That applicant and his predecessors in interest have expended in the improve- ment, development and working of said mine a sum of money.' exceeding dollars, as follows, to wit: Subscribed and sworn to before me this day of' A. D. 189.., and I certify that the aforenamed and are credible and respectible persons, to whose affidavits full faith and credit should be given. (Seal.) NOTE. — This should be sworn to by at least two respect- able persons and by the applicant for patent. M' 74 UNITED STATES AND ALASKA. FORM 19. AFFIDAVIT OF FIVE HUNDRED DOLLARS IM- PROVEMENTS. of , County of , ss. and of lawful agC; being duly sworn, according to law, depose and say, that each for himself, and not one for the other, that he is acquainted with the mining claim, in mining district, county of and state of, aforesaid, for which has made application for patent under the pro- visions of Chapter VI, of Title Thirty-two, Revised Statutes of the United States, and that the labor done, and improvements made thereon by the applicant and his grantors, exceed five hundred dollars in value, and said improvements consist of Subscribed and sworn to before me, this day of ., 180... FORM 20. AFFIDAVIT OF CITIZENSHIP. of , County of , ss. being first duly sworn according to law, deposes and says : That he is the applicant for patent for min- ing claim, situated in mining district, county of ; that he is a citizen of the United Suites, born in county of of ot the year 18.., and is a resident of Subscribed and sworn to before me, this day 01 f A. D. 180.. NOTE. — If the applicant is a naturalized citizen, or has de- clared his intention to become a citizen, he should show in his affidavit where, when and before what Court he was naturalized or his declaration was made. MINING FORMS. 741 FORM 21. STATEMENT OF FEES AND CHARGES. of County of , ss. , being first duly sworn according to law, de':>oses and says that he is the applicant for patent for the lode in mining district, county of , of , under the provisions of Chapter Six of Title Thirty-two of the Revised Statutes of the United States, and that in the prose- cution of said application he has paid out the following amounts; and no more, viz. : To the Ci edit < ( the Surveyor-GeneraVs office, dollars ; for surveying, dollars ; for filing in the local land office, dollars; for publication of no- tice, dollars; and for the land embraced in his claim, dollars. Subscribed and sworn to before me this day of , A. D. x8g.... (Seal.) ., Notary Public. FORM 22. POWER OF ATTORNEY 10 APPLY FOR PATENT. KNOW ALL MEN BY THESE PRESENTS, that we, and do hereby constitute and appoint as our attorney in fact, for us and in our names, to make ap- p!ica*' n to the United States for the entry and pvirchase of certain Government lands, in mining district, county, of known as the mining claim and premises; and to have the same suiveyed, and to take any and all steps that may be necessary to procure from the Gov- ernment of the United Spates a patent to the said lands and premiscfc, granting the same to us. And to do all other acts appertaining to the said survey and entry aforesaid as we our- selves could do by our own act and in our own proper person. In witness whereof we have hereunto set our hands and af- fixed our seals the day of A. D. 188.. I: 1 I I I .y42 UNITED STATES AND ALASKA. >...,... of County of ss. On *his day of , A. D. i88.., before me - a Notary Public in and for the county of , personally appeared , known to me to be the same person whose name subscribed to the foregoing instrument, and acknowledged to me that executed the -same. In witness whereof I have hereunto set my hand and af- fixed my official seal at my office, the day and year in this cer- tificatfi first above written. ated in Mining District, County of of for which made application for patent, under the provisions of an Act of Congress, approved May 10, 1872; that he is not interested in the aforesaid mining claim, either directly or in- directly, that he was present on the day of 18.. on the ground of said mining claim; and that the survey of said mining claim made on that date by surveyor, embraces the identical ground originally claimed by its locators; and further, that the initial point of discovery of said lode or min- ing claim from which said survey has been made by the said surveyor is the same place where the notice of said lode or min- ing claim originally was posted. Subscribed and sworn to before me, this day of.... 18.., and I hereby certify that I consider the above de- ponents creditable and reliable witnesses. FORM 31- CERTIFICATE AND OATHS OF ASSISTANTS. U. S. SURVEY, No T , R D M.. Certificate as to Correctness of Survey and Ar>cunt of Work Done. I U. S. DcDUiy surveyor for U. S. Surveyor- General of do certily that the above-mentioned survey was made by me on the day of 18.., and that the IMAGE EVALUATION TEST TARGET (MT-3) / ■to ^E^ 1.0 Ifi^ (^ I.I !? ^ IIIIIM 12.0 U 1.8 1.25 1.4 1.6 ^ 6" — ► V Photographic Sciences Corporation aa VSST M«.rf^ STREET WEBSTIM, i>«.Y. 14580 (716)873-4303 S 4^ V iV \\ [V 6^ .1^ 7S2 UNITED STATES AND ALASKA. plat of said survey attached hereto, is true and correct, as are his grantors. That the Field Notes of said survey, as given Ihat the exterior surface boundaries of said claim as sur* veyed. were then and are now distinctly marked by monu- ments on the ground. That more than five hundred dollars worth of labor has been expended on said claim by or his grantors. That the Field Notes of said survey, as gi^en -above, furnish such an accurate description of said claim as will if incorporated into a patent, serve to fully identify the prem> ises, and that such reference is made therein to natural objects or permanent monuments, as will perpetuate and fix the locus ^thereof. U. S. Deputy Surveyor. Subscribed and sworn to before me, this day of 189.. OATHS OF ASSISTANTS. We hereby certify that we assisted U. S. Deputy Surveyor, in surveying the claim of upon the Lode, situated in Mining District, County of State of and that said survey has been in all respects to the best of our knowledge and belief, well and faithfully sur- veyed, and the boundary monuments planted according to the instructions furnished by the Surveyor-General. (Seal.) (Seal.) Subscribed and sworn to before me, this day of xiio.. \ MINING FORMS. 753 FORM 3a. PRELIMINARY OATHS OF ASSISTANTS IN SURVEY OF MINING CLAIM. We and do solemnly swear that we will well and faithfully execute the duties of chain carrier; that we will level the chain upon even and uneven ground, and plumb the tally-pins, either by sticking or dropping the same; that we will report the true distance to all notable objects, and the true length of all lines that we assist in measuring, to the best of our skill and ability, and in accordance with instructions given uc, in the survey of the Mining Claim of , known as the situate in the mining district Coun* ty, in Section ,Township No Range No.... , Chainman. , Chainman. Subscribed and sworn to by the above-named persons be- fore me, this day of i8.. I, , do solemnly swear that I will well and truly per- form the duties of axeman, in the establishment of corners and other duties, according to instructions given me and to the best of my skill and ability, in the survey of the Mining Claim of known as the more fully described in the pre- ceding afilidavit. Axeman. Subscribed and sworn to by the said before me, this day of •••••••• xo* • I do solemnly swear that I will well and truly per- form the duties of flagman, in the establishment of corners and other duties, according to instructions given me and to the best of my skill and ability, in the survey of the Mining Claim of more fully described in the preceding affidavit. , Flagman. Subscribed and sworn to by the said before me, this day of 48 754 UNITED STATES AND ALASKA. PRACTICAL FORMS. FORM 33. DEED OF MINING CLAIM. This Indenture, made the day of in the year of our Lord one thousand eight hundred and ninety Between , the part, .of the first part, and the part, .of the second part. Witnesseth: That the said part.. of the first part, for and in consideration of the sum of Dollars, of the United States of America, to in hand paid by the said part.. of the second part, the receipt whereof is hereby acknowledged, ha., granted, bargained, sold, remised, released, and forever quitclaimed, and by these presents do.. grant, bargain, sell, remise, release and forever quitclaim, unto the said part, .of the second part, and to heirs and assigns Together with all the dips, spurs and angles, and also all the metals, ores, gold and silver bearing quartz, rock and earth therein; and all the rights, privileges and franchises thereto incident, appendant and appurtenant, or therewith usu- ally had and enjoyed; and also, all and singular the tenements, hereditaments and appurtenances thereto belonging, or in any- wise appertaining, and the rents, issues and profits thereof; and, also, ail the estate, right, title, interest, property, posses sion, claim and demand whatsoever, as well in law as in equity, of the said part.. of the first part, of, in or to tKe said premises, and every part and parcel thereto, with the appurtenances To have and to hold all and singular the said premises, to- gether with the appurtenances and privileges thereunto inci- dent, unto the said part.. of the second part In witness whereof, the said part.. of the first part h.. here- unto set hand.. and seal.., the day and year first above written. Signed, Sealed and Delivered in the Presence of .(Seal.) .(Seal.) (Seal.) (Seal.) .(Seal.) MINING FORMS. 7SS FORM .14. BOND FOR DEED OF MINING PROPERTY. Know All Men by These Presents: That the part., of the first part held and firmly bound unto the part.. of the second part, in the turn off Dollars. of the United States of America, to be paid to the said executors, administrators or assigns; for which payment, well and truly to be made bind heirs, executors and administrators, firmly by these presents. Sealed with seal.. and dated the day of » A. D. one thousand eight hundred and ninety* The condition of the above obligation is such, that if the above bounden obligor.. shall, on the day of one thousand eight hundred and ninety-.. make, execute and deliver unto the said or to assigns (provided that the said shall on or before that day have paid to the said ob- ligor.. the sum of Dollars of the United States off America, the price by said agreed to be paid therefor),. a good and sufficient deed for conveying and assuring the said free from all incumbrances, all right, title and interest, estate, claim and demand, both in law and equity, aa well in possession as in expectancy, of, in or to that certain portion, claim and mining right, title or property- on certain vein.. or lode., of rock containing precious metals of gold, silver or other minerals, and situated in the Min- ing District, County of and of , and de> tckibed as follows, to wit: Then this obligation to be void, otherwise to remain in full force and virtue. Signed, Sealed and Delivered in the Presence of (Seal.) (Seal.) 756 UNITED STATES AND ALASKA. FORM 35. MINING LEASE. This Indenture, made the day of in the year of our Lord one thousand eight hundred and ninety* Between Lessor. ., and Lessee. .. Winesseth: That the said Lessor.., for and in consideration of the rents, royalties, covenants and agreements hereinafter re- served, and by the said Lessee.. to be paid, kept and per- formed granted, demised and let, and by these presents do grant, demise and let, unto the said Lessee.., all the io\- lowing described mine and property, situated in mining district, County of of to wit: together with the appurtenances To have and to hold unto the said Lessee.. for the term day ...from the date hereof, of i8.., unless of expiring at noon on the sooner forfeited or determined through the violation of any covenant hereinafter against the said tenant reserved. And in consideration of the said demise, the said Lessee., does covenant and agree with said Lessor.. as follows, to wit: To enter upon said mine or premises and work the same mine fashion, in manner necessary to good and economical mining, hO as to take out the greatest amount of ore possible, with due regard to the safety, development and preservation of the said premises as a workable mine. To work and mine said premises as aforesaid steadily and continuously from the date of this Lease; and that any failure to work said premises with at least persons employed underground for the space of consecutive days may be considered a violation of this covenant. To well and sufficiently timber said mine at all points where proper, in accordance with good mining; and to repair all old timbering wherever it may become necessary. To allow said Lessor.. and agents to enter upon and into all parts of said mine for the purpose of inspection, with use of all passages, ropes, windlass, ladder-ways, and all other means of ingress and egress for such purpose. To not assign this Lease, or any interest thereunder, and to not sublet the said premises or any part thereof, without the written assent of said Lessor.., and to not allow any per- MINING FORMS. 757 son or persons except the said Lessee., and workmen to take or hold possession of said premises or any part there- of under any pretense whatever. To occupy and hold all cross or parallel lodes, dips, spurs*, feeders, crevices or mineral deposits of any kind, which may be discovered in working under this Lease, or in any tunnel run to intersect said lode, or by the said Lessee.. or any person or persons under in any manner at any point within feet of the center line of said lode, as the prop- erty of said Lessor..; with privilege to said Lessee., of work- ing the same, as an appurtenance of said demised premises^ during the term of this Lease; nnd to not locate or record the same, or allow the same to be located or recorded, except in the name of said Lessor.. To keep at all times the drifts, shafts, tunnels, and other passages and workings of said demised premises, thoroughly drained and clear of loose rock and rubbish of all kinds To deliver up to said Lessor, .the said premises, with the appurtenances and all improvements in good order and condition, with all shafts and tunnels and other passages thoroughly clear of rubbish and drained, and the mine in all points ready for immediate continued working (accidents not arising from negligence alone excusing), without demand or further notice, on said day of A. D. 18.., at noon or at any time previous, upon demand for forfeiture. And finally, upon the violation by said Lessee.., or any other person under of any covenant or covenants here- inbefore reserved, the term of thi<: Lease shall, at the option of said Lessor.., expire and the same and said premises with the appurtenances shall become forfeit to said Lessor.. and said Lessor or agent may thereupon, after demand of possession in writing, enter upon said premises and dispossess all persons occupying the same, with or without force, and with or without process of law, or at the option of said Lessor.., the said tenant and all persons found in occupation may be pro- ceeded against as trespassers from the beginning of said tem» both as to realty and the ore served therefrom, or as guilty of unlawful detainer. Each and every clause and covenant of this Indenture shall extend to (he heirs, executors and administrators of all parties hereto; r.id to the assigns of scid Lessor.., and as said Let* sor.., may elect, to the assigns of said Lessee.. 7S8 UNITED STATES AND ALASKA. In witness whereof, the said parties, Lessor., and Lessee.., have hereunto set their hands and seals. Signed, sealed and delivered in he presence of •#•••••• (Seal.) .(Seal.) .(Seal.) (Seal.) FORM 36. ESCROW. When a title bond or other executory contract is delivered it is usually accompanied by a deed executed and acknowledged and placed in escrow. An escrow amounts to a deposit with a third party of an unrecorded deed to be delivered on certain conditions, the title bond being recorded in the meantime. Such escrow is usually in the shape of a deed inclosed in a sealed envelope and endorsed as follows: To cashier: You are authorized to deliver the within deed to his agent or order, upon payment to me, or de> posit to my order, of the sum of $ on or before the day of 18.. Meanwhile you will hold the same irrevocably. If payment is not made on or before said date you will return the same to me for cancellation. day of 18.. An escrow is often placed on deposit without any title bond, or the agreement is delivered on condition of not going on record, the vendor objecting to clouding the title by recording «xecuti ry agreements which will perhaps never result in a con- veyance. Such an escrow or agreement (not recorded) is valid in all respects except that of giving the purchaser record secu- «ity. MINING FORMS. ?» FORM 37. GRUB STAKE PROSPECTING CONTRACT. In consideration of provisions advanced to me by » and of his agreement to supply me from time to time, as I may reasonably demand them, with tools, grub and mining outfit generally, and the sum of $ in hand paid, I agree to prospect for lodes and deposits in districts, and to locate all discoveries which I may consider worth the ex- penditure, and record the same in the joint names of the said outfitter and myself, and in our names only, as equal owners. My time and labor shall stand against his money, provisions, «tc., as aforesaid. All expenses of survey and record shall be paid by the outfitter, and I agree to make no debts on account of this agreement. Work done on claims after record and be- lore the expiration of this contract shall be considered as done under this contract, and no charge for labor or time shall be made for the same. This contract shall stand good during the whole of the summer and fall of expiring and during all of that period I will not work or pros- pect on my own account, or for any parties other than said outfitter. Dated I agree to the terms above stated. Under the following form the prospector is allowed wages and takes a smaller interest in lodes found: Aicreement of date 18.., between and outfitters, and prospector. W^itnesseth, that said outfitters agree to pay to said pros- pector on demand $ for the purpose of tools and pack- ing outfit, and $ for railroad fare and expenses from to and to allow said prospector wages at $ per day for each secular day after arrival at that place, until 18.., unless this contract is rescinded by a notice before that date, and to pay all expenses of surveys and records to be made under this contract, and for powder, fuse, and other min- ing materials, if required by said prospector, to the extent of And in consideration of the premises, said prospector agrees industriously and to the best of his skill, to prospect for lodes and deposits in the neighborhood of within the limits of distr'cts, and to locate and record all discoveries which in his judgment are worth holding, in the joint names of all parties hereto, one-third interest to each. 76o UNITED STATES AND ALASKA. And that he wiil use no company name and make no debts- against his aasociates. And that he will at least once each month report progress and all discoveries made, by letter, to said All work done after record shall be considered as work done under this agreement. And said prospector agrees further not to prospect on his own account nor for any other persons during the lifetime of this contract; and if at any time within one year thereafter he shall become interested by location or purchase in any claims on which he may have prospected under this contract, he will allow his associates to take an equal interest with himself, on. the same terms and at the same cost at which h'e has acQuired such interest. On final settlement full wages are to be allowed as above agreed, but said prospector shall be charged with his full third of any expenses over and above the sums herein expressed, and shall account and pay for all tools and supplies on hand when contract expires, if terminated at his notice; but shall keep such tools and supplies if contract determined at outfitters' election, or by expiration of the full t^m limited, or by failure to remit proper charges monthly on demand. And the said prospector shall have no right to quit on notice until he shall have prospected full months under this agreement. Witness the hands and seals of said parties. (Seal.) (Seal.) ........(Seal.) In questions arising under such contracts the courts have held: If the outfitter neglect to furnish the agreed and necessary supplies, the prospector is at liberty to search for mineral o» his own account. Where a prospector made locations which he concealed 5rom his outfitters and afterwards sold, he was compelled to ac- count for the outfitters' share of the price. But he was not held to account to outfitters for any share in a lode, the tloat of which he discovered while prospecting, but did not find the lode till afterward. Of course the rule in such cases must vary according to the facts and the good faith in the premises. The terms of the contract when expressed must in all cases govern. MINING FORMS. 761 FORM 38. WORKING CONTRACT SALE. For and in consideration of the sum of $ to me in hand paid by the receipt whereof is hereby acknowl- edged, I, do hereby agree to place said in full and sole possession and control of the lode mining claim,. situate, etc with authority to work and prospect the same as he sees fit for the term of days from date: Pro- vided only, That such work be done in good and workmanlike manner, and that any ore taken out shall be separated and left on the dump, and not removed within the lifetime of this contract. And at any time within said period, on tender to me of the further sum of $ , I agree to deliver a good and sufficient warranty deed, to the said his heirs and as- signs, conveying said above described premises absolutely and clear of encumbrance. In case no such tender is made, such sum of $ is to be treated as the consideration of this option and right of test- ing, and to be and remain my property as liquidated damages. In case my title is found defective, and I fail to make it good and clear within said period, I agree to pay to said the cosi of abstract and the vendee's attorhey's reasonable charges for examination of title, and to refund the said sum ol The ore taken out during said period is to be the property of the party who remains or becomes the owner at the end of said period of days. Time is of the essence of this contract in all particulars. Witness my hand and seal this day of A. D. (Seal.> ...A... (Seal.> j6a UNITED STATES AND ALASKA. FORM 30. CONTRACT TO SELL AND BUY. I vendor, hereby agree to sell to and I .purchaser, agree to buy of the said the lode mining «laim, situate, etc. The agreed consideration of said sale is $ cash in •hand paid, the receipt whereof is hereby acknowledged; $ to be paid within days from the date hereof, and $ within days from such date, making a total consideration of $ Said vendor, within days from date, will deliver to purchaser or his attorney an abstract of title duly certified by ■the clerk and recorder of said county, or by some reputable abstract office, together with ail the original title papers which are in his possession or within his power to produce. And within said time will place in escrow in a good and sufficient warranty deed conveying to said or such person lis he shall nominate, the said premises, clear of en- cumbrance, to be by such held in escrow until final payment be made under this contract, or default is made under the same. Deposit with said to the credit of vendor shall be equivalent to payment of any of said installments. Time is of the essence of this contract as to each and every installment, and if any installment or installments be not paid within the time or times hereby limited therefor, all previous in- stallments shall be and remain the property of said vendor, the deed in escrow shall be returned to him for cancellation, and the property shall remain his own, unaffected and unen- cumbered by this contract. But if he fail to deliver abstract within said period, or to deposit said deed in escrow, or if his title prove encumbered or otherwise not marketable, vendee may recover any and all installments paid, or may sue for spe- cific performance and for a perfect title, or for damages,%or otherwise as he may be advised. Witness the hands and seals of said parties this day ol A. D (Seal.) (Seal) MINING FORMS. FORM 40. SALE SUBJECT TO EXAMINATION. 763 hath The undersigned , of , State of agreed to sell to of , in said state, and said hath agreed to buy of and from said the lode min- ing claim, situate in mining district, county, state, for the consideration of $ , to be paid within months from date, fee simple (or good possessory) title to be delivered and warranted clear of liens. Ti«^ir subject to ap« proval of , attorney for purchaser. Cobv. of deeds to be paid by vendor; of examination of title, by purchaser. Vendor to deliver at his own cost certified abstracts of title within.... ....days to said attorney. Deeds to pas& on tender of the sum above mentioned within the period of months above Urn* ited. It no tender is made within such period the purchaser iilM be in default, unless he show the title materially defect- ive, or a prior breach of contract by vendor, or that material misrepresentations as to the mine or mineral have been made to htm by the vendor, or by parties in the interest of the ven- dor, and thereupon either party may proceed for specific per- formance or for damages, or both, or otherwise as he may be form'^nce or for damages, or both, or otherwise as he may be advised. Witness the hands and seals of said parties this day of 18. . (Seal.) (Seal.) FORM 4z. POWER OF ATTORNEY TO SELL MINING ERTY. PROP- Know All Men by These Presents: That have made, constituted and appointed, and by these presents do make, constitute and appoint true and lawful Attorney.. for and in name place and stead, and for use and benefit, to grant, bargain, sell, re- mise, release, convey and quitclaim to whom and upon such terms as our said Attorney.. may deem best, all of right, title, and interest, estate, claim and demand, both in law and equity, as well in possession as in expectancy, of, in or 764 UNITED STATES AND ALASKA. to that certain portion, claim and mining right, title or prop- erty on certain vein.. or lode.. of rock containing precious metals of gold, silver and other minerals, and situated in the Mining District, County of and described, as follows, to wit: Giving and granting unto said Attorney.. full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as might or could do if personally present hereby ratify- ing and confirming all that Attorney shall la'wful- ly do or cause to be done by virtue of these presents. In Witness Whereof have hereunto set hand.. and seal.. the day of , in the year of our Lord one thousand eight hundred and ninety- Signed, Sealed and Delivered in the Presence of (Seal.) . (Seal.) (Seal.) .(Seal.) FORM 42. DEED TO INCORPORATE MINING CLAIM. This Indenture, made the day of in the year of our Lord one thousand eight hundred and ninety be- tween the part.. of the first part, and..., — the part.. of the second part, Witnesseth: That whereas, the said has been duly in- corporated under the laws of the and it is intended by this instrument to transfer to the said part.. of the second part, all the right, title and interest of the said part.. of the first part, which they and each of them have and claim in and to the min- ing ground., and claim.. or lode.., and appurtenances, hereinafter described: Now, Therefore, know all men by these presents, that the said part.. of the first part, and each of them whose names are hereunto subscribed, in consideration of Certificates of Stock in said Incorporated Company hereafter to be issued to them» MINING FORMS. 765 their and each of their heirs and assigns, in conformity with the By-Laws of said Corporation heretofore adopted, do hereby grant, bargain, sell, transfer, remise, release, and quitclaim unto the said part.. of the second part, its successors and as* signs, all their and each of their right, interest, claim and de* mand whatsoever, in law or equity, of, in or to all cer* tain mining ground.., claim.. or lode.. situate, lying and being Together with all the dips, angles, spurs and variations of said mining ground.., claim.. or lode.., and all and singular the hereditaments and appurtenances thereunto belonging. To have and to hold the said premises with their appurte- nances, unto the said part.. of the second part, successors and assigns forever. In Witness Whereof, the said part.. of the first part ha.. hereunto set hand.. and seal.. the day and year first above written. Signed, Sealed and Delivered in the Presence of (Seal.) (Seal.) (Seal.) (Seal.) (Seal.) (Seal.) (Seal.) (Seal.) (Seal.) (Seal.) 7v6 UNITED STATES AND ALASKA. FORM 43. PROXY. Knew All Men by These Presents: That the undersigned, Stockholder, .in the do hereby constitute and appoint of true and lawful Attorney.., with power of substitution, for and in name.., to vote at a meeting of the Stockholders in said Corn* p«ny, to be held at on the day of A. D» 189.., or at any adjournment thereof, on all matters which may properly came before it, with all powers shall pos> sess if personally present. In Testimony Whereof, have hereunto set hand.. and seal.. this day of A. D. 189.. Witness, (Seal.> (Seal.> hereby appoint, irrevocably 18 substitute, with all the powers above given. Witness hand. .and seal.., this day of A.. D. T89... Witness, (Seal.) J * (Seal.> do lawful Com- A. D. which' 11 poB> sal.) ial.> al.) »1.> INDEX c c c s L lA L R In F« M Yc Dc Sil Shi Sht Sit] Sui INDEX. A. ALASKA, belongs to United States i3-i& History i6 Civil Government Act ^ i6 Treaties as to Kivers i6 Mineral Resources and Official Statistics 6ii Mining Laws of Alaska same as those of the United States 33, 27 See United States Mining Laws and Regulations 27-46 Public Lands (not mineral). Town Sites, Manufacturing and Trading Sites, How to Acquire Title 24, 84 Rules and Regulations of the Department of the Interior, Concerning 48, 88 General Land Laws of the United States do not apply to Alaska 34; 84 Sitka — Seat of Government 16 Governor — Powers and Duties 16 Cotirts and Jurisdiction 19, 22 Court Commissioner's Powers 21 Appeals 22 Recording Offices 20 Laws of Oregon— When Applicable 21, 22 Marshal ^ 22 Land District 23 Register and Sun^eyor-General 23 ''^'^ucation 26 Intoxicating Liquors 27 Fees and Salaries 24 Mining Discoveries 6ix Yearly Output of Gold 611 Douglas Island 6xa Silver Bow Easin 614 Sheep Creek Basin 615 Shuck Bay 616 Sitka District 616 Sum Dum District 616 (769) jfo INDEX. Norton Sound 617 Bemer's Bay District 618 Admiralty Island 1 621 Cook's Inlet 621 Alien Contract Labor Law of Canada 564 Alien Contract Labor Law of United States 566 B BRITISH COLUMBIA.— Boundaries 14 Government 13, 14 Victoria the Capital 14 Rivers 633 Mineral Discoveries 624, 628 Water Rights— Consolidated Act, 1897 472, 481 CROWN LANDS BELONGING TO THE PROVINCE (Gen- . eral Land Law) ; 267 ! Lands within Forty-mile R. R. Belt Belonging to the Dominion < of Canada 13, 336 Goal Lands 472, 685, 636 Mining Laws of British Columbia 366 Interpretation 366 Free Miners and Their Privileges 368 Diagram of Claims 374 Record of Claim 374 Payment in Lieu of Assessment Work 378 Mill Sites 4<» What passes by Crown Grant 378-385 Tunnels and Drains 380-391 What Must be Done Before Applying for Grant 379 Mining Partnerships 392 Mining Recorders 396 Gold Commissioner's Ministerial Powers 399 County Courts— Jurisdiction in Mining Matters 403 Forty-mile Railroad Belt 336 Penal and Miscellaneous 407 Rules and Regulations Lieutenant-Governor may Make... 408 Taxation of Miners and the Money Invested Therein 409 Mines not Exempt 400 Mining Forms for British Columbia 411 Scale of Fees 419 Placer Mining Act of British Columbia... 431 Interpretation 427 INDEX. 771 haob Free Miners and Their Privileges 423 Size and Location of Placer Claims 436 Location Recording, Re-recording 426 Tunnels and Drains 432 Water Rights 435, 480 Mining Partnerships 439 Bed Rock Flumes 443 Leases 446 Dredgers 451 Mining Recorders — Powers and Duties of. 451 Gold Commissioner's Powers 456 Scale of Fees 465 Rivers 623 C. CANADA, Dominion of, Constitution and Government.... 14 Public Lands of Northwest Territory, Belong to 13, 170 Dominion Land Act 170 Customs Tariff • see Customs) 668 Coal Lands, Belonging to (see Coal) 164 Alien Contract Labor, Prohibited When 564 COAL in Northwest Territory 211, 164 Coal in British Columbia 472, 636, 685 CONTRACTS (see Forms). Contracts with Aliens, When Prohibited 564 Cariboo District 627 CUSTOMS, Tariff of Canada Act, 1897 668 Explanation of the Act 668 Free Goods 704 Prohibited Goods 722 Reciprocal Tariff. 72a D. Discoveries of Gold in B. C 624 Discoveries of Gold in Alaska 611 Discoveries of Gold in Yukon District, N. W. T. See Yukon Gold District 572 Distances to Gold Fields from Jrneau, Alaska 608 Dredging of Rivers for Gold 162, 451 Dominion Land Act (see N. W. T.) 170 Dawson, Dr., His Mining Report 628 D»lton Trail (see Routes) 600 b 779 INDEX. PAOB F. Forty-mile Bailway Belt in B. C. Ceded to Dominion of Canada, Laws Concerning i.l, 336 FORMS under Mining Laws of Alaska and Uniied States No. I. Discovery Notice 726 No. a. Notice of Location 7^ No. 3. Location Certif.cate, Lode Claim "jvj No. 4. Affi'^'ivit of Labor Performed 7*8 No. 5. Amended Location Cerliticaie 738 No. 6. Certificate of Relocation 729 No. 7. Tunnel Claim, Location Certificate 729 No. 8. Notice of Right to Water 730 No. 9. Application lor Survey 730 No. 10. Application for Patent 731 No. II. Notice of Application for Patent 73a No. la. Proof of Posting Notice and Diagram of Claim.. 734 No. 13. Proof that Flat and Notice Remained Posted dur* ing Period of Publication 735 No. 14. Register's Certificate of Posting Notice for Sixty Days 736 No. 15. Notice of Application for Patent (for Publication in Newspaper) 736 No. 16. Proof of Publication ..' 737 No. 17. Agreement of Publisher 738 No. 18. Proof of Ownership and Possession in Case of Loss or Absence of Mining Records 738 No. 19. Affidavit of $500 Improvements... 740 No. ao. Affidavit of Citizenship 740 No. ai. Statement of Fees and Charges 741 No. 22. Power of Attorney to Apply for a Patent 741 No. 33. Certificate of no Suit Pending 74a No. 34. Protest and Adverse Claim 74a No. as. Proof that no Known Vein Exists in a Placer Mining Claim 747 No. a6. Notice of Forfeiture 747 No. 37. Affidavit of Failure to Contribute 748 No. a8. Miner's Lien 749 No. ag. Application to Purchase 750 No. 30. Proof of Identity 751 No. 31. Certificate of Oaths of Assistants 751 No. 3a. Preliminary Oaths of Assistants, Etc 753 INDEX. ^n FORMS, Practical. No. 33. Mining Deed 754 No. 34. Bond to Mining Property 75s No. 35. Mining Lease 756 No. 36. Escro Agreement 758 No. 37. Grub-.stake Prospecting Contract 759 No. 38. Working Contract of Sale 761 No. 39. Contract to Sell or Buy 76a No. 40. Sale Subject to Examination 763 No. 41. General Power of Attorney to Sell Mining Prop- erty 763 No. 42. Deed to Incorporate Mining Claim 764 No. 43. Proxy 765 FORMS. (Mining and Land) for Northw st Territory and Brit- ish Columbia, are prescribed by Jaw and will be /ound, and are inserted in and made a part of the Land and Mining Laws to wh'ch they are attached, and are called Schedules. DifTering in this respect from the United States, the latter furnish no forms for precedents but simply prescribe Iheir legal requisites. The United States forms contained in this book, and which are applicable to Alaska, have been duly approved and in use for many years. I. Irrigation (see Water Rights) 480, 543 L. Land Laws (see Alaska, N. W. T. and B. C.) M. Mining Laws and Regulations (see Alaska, N. W. T. and B. C.) Mill Sites (see Alaska, N. W. T. and B. C.) Mining Statistics 570 Mining Discoveries (see Discoveries) '. 634 Mining Practical Information 642 How to Prospect 644 How to Test Minerals 644 Methods of Placer Mining 590, 643, 644 Mining Terms Explained 646 774 I NDEX. N. NORTHWEST TERRITORY, Belongs to the Dominion of Canada. Includes most of the Gold Discoveries in the Yukon Gold District 13, I4> 170 Boundaries 13 Public Lands Belong to the Dominion of Canada 13, 170 MINING LAWS and Regulations of Northwest Territory Include the Yukon District 1 16, 124 laS Yukon District, N. W. T., Special Placer Regulations.... 1x0 Saskatchewan District, N. W. T., Special Placer Regula* tions 119, 124, 128 Dominion Mining Act of 9 Nov.. 1889 no, 116, 124, 128 Discoveries (see Discoveries) 572 GENERAL DOMINION LAND ACT AND AMEND- MENTS APPLICABLE TO NORTHWEST TER- RITORY AND MANITOBA 170 Interpnrtation 171 Administration of Dominion Lands 172 Survey System 174 Hudson's Bay Company Lands 178 School Lands 180 Military Bounty Lands Script 182 Reserves for Town Plots, Etc 184 Sale of Dominion Lands 183 Homesteads 185 Assignments of Homesteads 195 Preemptions 172, 185-201 Discontinuance of Preemptions 201 Advances to Immigrants and Liens to Secure Such Ad- vances 194 Mining and Mining Lands 201 Prevention of Pollution of Water 202 Grazing Lands 202 Hay Lands 202 Patents 203 Assignments Registered 205 Township Plans and Lists of Patents to be Furnished Local Registers 206 Land Script 206 Timber and Timber Lands » 206 Wood for Settlers 206 INDEX. 775 138 ij8 S7» Timber Berths ao8 Reserves for Forest Parks 213 Liability of Persons Cutting Timber without Authority.. 214 Slides, Dams, Piers, Booms, Etc 217 Powers of Council aao Roads in Northwest Territories aao Water Rights and Irrigation 220, 480 General Provisions aao Surveyors and Surveys 223 Forms 24a O. Ogilvie's Explorations in Yukon District. R. 572 ROUTES to the Yukon Gold Fields 599 Chilcoot Pass 599 Chilcat Inlet and Haines Mission 600 Dalton Trail 600 Stickeen Route 610 St. Michaels Route 599 Taku Inlet Route 610 Canadian Route from Edmonton 609 Distances 608 RIVERS (See B. C. and Routes.) 623 S. SASKATCHEWAN— N. W. T. Mining Regulations. 119, 124, 128 Saskatchewan — Dredging of Rivers 162 T. TARIFF (See Customs.) 668 U. UNITED STATES Mining Laws and Regulations are Ap- plicable to Alaska 23, 37 United States General Land Laws do not Apply 24, 48, 84 For Laws of U. S. Governing Public Lands other than Mineral in Alaska (See Alaska) 24, 48, 84 U. S. Alien Contract Labor, When Prohibited (See Alien).. 566 Mining Forms under U. S. Mining Law which Includes Alaska (See Forms) 726, 753 United States Mining Laws 23, 27 United States Mining Regulations 4^ 776 INDEX. rAON w. WATER RIGHTS in BritUh Columbia 435. 480 WATER RIGHTS in Northwest Territory. Including Yukon District 114, S43 Y. YUKON Gold District Boundaries !... 14 Yukon Gold District, History 570 Yukon Gold District, Discoveries S7a Yukon Gold District, Routes (See Ruutes) 599 Yukon Gold District, Mineral Resources (See Discoveries) 57a Official Statistics, Concerning 572, 599 Methods of Mining 590, 64a, 644 Ogilvie's Official Reports to Dominion Government 57a Map of Yukon and Tributaries 9 PLACER MINING Regulations. May and August, 1897, Acts of 110 Act of 9 Nov., 1889, still in force 1x0, 116, 124 Public Lands in Yukon District Governed by the Laws of N. W. T. Dominion I^nd Act and Its Amend- ments (See Dominion I^and Act and N. W. T.)....i3, 170 rAOK 5> 480 Iff 4. 543 ^ ^ . M ■ • 570 t • 57a • 599 >) 57a » 599 » 644 • 57a • 9 ', • no » 134 1 170