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Les diogrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 f U,.V tt . :,._■! ■'■ l -A. r WHICH HE IS SELLING AT fLXOXESS IIMHI Yai;es feet, (MM door 1)^^^ Gbtettiittent), Etc., Etc. * Gaments of all kinds made to brciei- iii the mosi fesMotiiibte ^le. \ XDTERTrSEMBNTS. 1 WIUiAM WILSON, HOSIER, €rLOlF£R -AND' OUTFITTER, VICTORIA, — AKD — WILLIAMS CREEK, HAS ON HAND A COMPLETE STOCK OF VaOOD AND OltBiBliB CLOTHING, HOSI ERY, -AND — UN DEROLOTHHSTG VBIOH HEIBSELUKOAT XOESS •ss- ANDERSON & CO., MERCHANTS AND COMMISSION Wharf & Stare Streets, Vict oria, V.L Ownei's of the ALBBRNI SAW MILLS, and Agents of the ROYAL INSURANCE CO, for Fire and Life. Cerregpondenfs in London— Messrs. Ani>br80N, Thomson a Co. ** in San Francisco— Messrs Falkneu, Bbll ik Co. *' in Svdney — Messrs. Oilohrist, Watt a Co. •« in Hongkon g — Messrs. Jak diwb^ M athbson a Co. Nortli British and Mercantile i:i^SI]FEjiLH€E €0., ESTABLISHED 1»(L^. Incorporated bj Bojal Charter and empowered by Special Acts oi Parliament. Capital, i&2,000,000 8tg. Acoumulated and Invested Funds iSl,374,000 8t& LONDON OFFICES— No. 38 Threadneedle street and No. 4 New Bank Baildings, Lothbury, E.C- Qjr^his Company will ever distinguish itself in ks promptitude and liberality in the settlement of claims Insurance against Fir# effected upon Buildings and their eontents. Timber and Coal, Ships in harbor, with or without cargoes on board, Ships under repair or ia course of constrnction. Agents for Fire, YancouTer's Island, Victoria, Corner of Wharf and JTohiison Sts. ADVEUTLSEMENTS. Ill BOPGR & CO., English and American ii^ STORE, FORT STREET, Miners and others will find at the above Estab- lishment the j&SSOETED STOCi:', AND AT Prices 20 per cent. Lower Than any other House in Victoria. i 1 4 11 1 4 Ml IV ADVERTISEMENTS. I '^Ihxm ^im Wnth VICTORIA, V.I. Manufacture Steam Engines, OF ALL SlZUa Quartz Mills, Mining Pumps, Flouring Milln, Gang, Sash, Mulay and Circular Saw Mills, Car Wheel, Axles, Building Fronts, Balcony Railings, Horse Powers, Stove and Reaper Castings, Retorts, Grate Bars, Range Plates, Boiler Fronts, Sash Weights, Brass Castings, and in fact everything con- nected with the business. SPBATT & KBlBIHIiBRy Proprletoint. VICTORIA COACW Jk3D WJk&m FA.OTORY, FI!8®y)ARIi^ 3TflEeT» NEAR ST@iRg STRSST. T1HB PROPRIETORS OF THE ABOVE FIRM WOULD ' respectfaUy call tke attention of intending purohiuicre to their ext^sitelntnnfaOtureof ^^ j J)^ '\^j^ . TXTagons, Buggies, Weiglis, dLc. With our experience in manufaeturins the above articles for the British Columbia market and elsewhere during the last four years, cur cjctensiTe stook noyr on hand, and close appHcation Xo business, we are toabled to guaranteci better satisfemion both in quality and price than can be obtained in any other establishment on the Paoifle Coast. All orders promptly and confidentially executed. BVCK * SANDOTBB. XDTEUTISOIENI^^. NURSERY AND SEED ifiiUSllilf, ]X(). o^ I:<\>rt Street, \"ictoria. jayTco. iJeg to inform the inhabitants of British Columbia that they can supply the FINEST AND MOST RELIABLE Agricultural, Garden and Flower SEEBg Ever offered for sale on the Pacific Coast, JA^Y & CO. Test and Guarantee all Seeds PURCHASED OF THEM. Fruit Trees and Bushes, Qi every variety. DWAJLTAITD STANBAJUp &08IIS, A Large CoDeclioD of ,^-- Choice Perennial and Bedii^ Plants. (1. Orders addressed as above will be promptly at- tended to. VI ADVEUnSEMENTS, '! I S. GUMBINNER & CO., ir A VB S STUHBT, VXCVOUZA, V. X. *^ Gold dust melted and assayed with all possible dispatch. Returns made in six Hours in bars or coin . Assays made of every description of ores and min- erals on moderate terms. Tlie correctness of our assays guaranteed. CI03U> DV8T VURCnASIlB. K^ CO., LEE OUANU, MANAGER, ri^POBT.£fCS ANJD ]»BAIiEBfl IN ALL KINDS OF CHINESE GOODS, Branches— At FORT YALE, British Oolambia, <• LILLOOET, MOUTH OP QURSNELLE, " !" FORKS OP QUBSNELLE, ** " San Francisco House ...HOPKEE AGO. AliSOyllf CHfilfAt Canton City YE T8AN & CO. Hongkong KWONG MAN FUNG & CO. ADVERTISEMENTS. Vll VAitlUf ER col MINING CO,, T. I :m: I T E D . Incorporated under the Joint Stock Companies' Acts, 1856 and 1857* whereby the Liabilities of the Shareholders are limited to the amount of their Shares. Capital, £100,000 in 10,000 Shares of dBlOBach DEPOSIT, £1 per share on application, and £1 lOs. on Allotment. OIRECTOKS. Hon. Mr. Justice Halibubton, M. P., Chairman of the Cana- dian Land and Emigration Company. Gboboe Campbell, Esq., (H. N. Dickson & Co., London; Dick- son, Campbell & Co., Victoria, V. I.; Dickson, DeWolf & Co., San Francisco.) Roa C. W. Wbntworth Fitzwilliax, M. P, Alwalton, Peter- borough. Joseph Ii'by, Esq., (Messrs. Tremau u Fry, Gresham House,) Direc- tor ot the Canada Agency Associations. James V H. iBWia, Esq., F.U.G S., 7 Hereford Square, South Kensington. Fridbavx Sblby. Esq^.,^ Lowndes street, Director of the Canadian Ageno> Association. SoLioiTUKS— Mecurs. Fresbfield * Newman, Bank Buildings. Babkxrs— Messrs. Robsrts, Lubbock » Co , London; the Chartered Bank ot British Columbia and Vancouver Island, Victoria. Bboebe— C.W. Price , Ksq , .'^4 I bread needle street. Sbobbtabt— U. Winfield Grace, li^q. OvFiOBS-^ld Gresham House, Old Broad street. ^ Resident Manaoeu at Nanaimo— b J. NICHOL. Esq DICKSOBT, CAIVIPBBIil.. & CO.; Agents, Whari street. BZCKSOir, CAlilKPBB&& A CO., COMMISSION MERCHANTS, STORE STREET, VICTORIA. AoBNTB for the Queen Insurance Company, of London, and the Mail Steamers to San FraBcisoo and Portland. H. N. DiOKSON ft Co., 3 George Yard, Lombard street, London. Dickson, Db Wolf ft Co., San Francisco. ■Mil Vlll ADVERTISEMENTS. BETWEEN FISGUARD & HERALD STS.. VICTORIA, V. I. AND&BDir A8T&ZC0, Proprietor, Takes this opportunity to notify his friends and the public at large that his house is conducted in first-class style. The table will alway» be supplied with the best articles the seasons and market afford, and served in a superior style. The rooms are furnished in a neat and comfoitable manner. Price of Board is $td per week and upwards, according to rooms. All kinds of Summer Refreshments, snch as Ice Creams snd Cus- tards, furnished in superior style and at the shortest notice. The Bar is furnished with all kinds of Foreign and Domestic Wines, Liquors, Ales, and Cigars of the best quality. oovmLxriaBirT svimiiT sovtb, VICTORIA, V.I.. FBANCIti DO0D,, Propriet*r. (TF Good Beds, 50 CentB per Night First daas Wines, Spirits and Ales. €iQ)MWM'BKSLAt- XrAnroui'v st&bst. vzcto&za, v. z. P II P R I E T 11 S : SHAPABD & TOWNSENI3. Furnish the best Liquors. Wines, Ales and Cigars the market can produce;. iUVGRTISEHISNTS. B^NK OF BRITISH NORTH AMERICA. ESTABLISHED IN 1836. INCORPORATED BY ROTAL OHARTEU. ~- - S5,000,000. Paid-up Capital, v^rcT'oxiM'^ oje':F'jrG^, -^ -* x"j3L:rJss ,s:rxiEJEy^, ESTABLISHMENTS IN THE a)LONIES: MONTREAL, HAMILTON, DUNDAS, QUEBEC, BRANTFORD, ST. JOHN, N.B., KINGSTON, LONDON, C.W., HALIFAX, N.S. TORONTO, OTTAWA, VIJTORIA.VJ. AGENTS AND CORRESPONDENTS : New York-B. C. FERGUSON, F. H. GRAIN, and JAMES SMITH. San Fr«ncisco-B. DAVIDSON <6 BERRI. Auatraliaand New Zealand -UNION BANK OF AU^STRALIA. BILLS OP EXCHANGE AND GOLD PURCBASED. NO CHARGE made on GOLD DUST or BARS lodged with the Bank for safety. DBAPTfil mSUJBD •IV LONDON, New York, San Francisco, Canada, New Brunswick. Nova Scotia, and all the Branches of the NATIONAL BANK Oc SCOTLAND and the PHOVINClAL BANK OF IRELAND. Credits granted on this Branch by the Union Bank of Australia, at MELBOURNE, ADELAIDE, HOBART TOWN, LANCETOWN, SYDNEY, DUNE DIN, N.Z. The Bank receives Money and Gold Dust on Deposit, undertakes the Purchase and Sale of Stock, the Collection of Bills, and other money business, in the United States and British Provinces. Bank of British North America Assay Office. VICTOKIA, V, I. GOLD DUST MELTED AND ASSAYED—Charge^One quar- ter of one per oent, or three dollars for lots under $1200. ANALYSIS OF ORES carefully executed.— Charge— For each analysis, $10. GOLD DUST AND BARS PURCHASED at current rates. J. O. SHBPIlBRDy niftuajger. ADVEUTISBMENTS. THE B^I^K OF BRITISH COLUMBIA CAPITATi, il,S50,000, TIV 13,50O SIIAKB9 OF $100 ISACU. Head-Office— Iffo. 80 iLombard Street, London. OPENS CURRENT ACCOUNTS, RECEIVES DEPOSITS payable on demand, or for fixed periods, and allows interest according to time of lodgment. Discounts appruved Bills at current rates, buys and sells Bills of Excliange, and transacts all other reg- ular Banking business. Public and private Securities received for safe keeping and interest collected on the same. Local and Foreign Bills sent for collection. JAMES D. WALKER, Manager. MAC DONALD & CO., T^icTom^, V. I., — AND — Richfield, Wmiams Cre ek, B. C. JAMES DUNCAN. ROBERT GEORGE. DUNCAN & GEORGE, A-TJCTlOiNrEEIlS — AND — Oomer Fort and Wharf Streets, VICTORIA, V. I. ADVERTISEMENTS. THE XI ROYAL INSURANCE COMPANY, —FOB— CAPITAL, ----- A000,000 STERLING. HBA1>0FFICES, LIVERPOOL AND LONDON. CHAIRMAN— CHARLES TURNER* Esquire, M. P. DEPUTY CHAIRMEN— RALPH BROCKLEBANK and E. JOHNSTON, Esquires. MANAGER AND ACTUARV-PERCY M. DOVE, Esq. The undersigned Agents for Vancouver Island and British Co- lambia accept proposals for insurance, both in the Fire and Life De- partments. They feel confident that the amount of the capital of this Com- pany, viz : Two Millions Sterling, which would be immediately available to meet any unforseen calamity; the well known character of its Directors ; the high respectability of its proprietors ; its liberal and prompt settlement of losses ; and the standing which it takes among the large Insurance Establish menta of the British Empire, must always obtain for it a fair stare of public patronage. Mimical Examiner in the Life BrancA— JAMES DICKSON, M. D. ANDERSON & CO., Store Street, Victoria, V. I. iv.! Xll ADVERTISEMENTS. J. K. SUTER, AND l&^cr. AssessmeDts Collected and Mining Accounts made up. Debts Collected and Loans Negotiated. wnnAitts oiuaBK, oabxtioo. ST. NICHOLAS CLOTHING STORE, ST. NICHOLAS BUILDING. MOOBEHEAD & QUINOET, DISECT IMPOBTEBS OF Clothing, Hosiery and Shirts. Nona but Qennlne Goods sold, and at Lowest Cash Prices. ' Next St. ISTicholasL Hotel. It , -A. PRACTICAL VmW OP ^h Ptninfi laws OP BRITISH COLUMBIA, BY JOSEPH PASS, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-IiAW. VICTORIA, V. I. FBIKTBD AT THB BBITISH OOIOWIST OFflOB. 18 64. I k 'i^U h #1 ■'Stp"--.. \' A PRACTICAL VIEW OP THE Milling^ Laws of British Columbia. CHAPTER I.— Who may become Free Miners. CHAPTER IT.— The Free Miner's Certificate. CHAPTER IU.--What are Mining Claims and In tprp^ts CHAPTER iV.^Of the mode of obtaining Claims. CHAPTER v.— Of the nature of the Estate and Interest in Mining Claims. CHAPTER VI.— On Bed Rock Flumes. CHAPTER VII.— On Ditch and Water Privileges. CHAPTER VIII:— On Mining Drains. CHAPTER IX. — On Leases of larger proportion than Claims. CHAPTER X.— On Mining Copartnership. CHA PTER XI.— On Registration. CHAPTER XII.— On Representation and Aban- donment. CHAPTER XIII.— On Roads and Works. CHAPTER XIV.— On Mining Districts. CHAPTER XV.— The Gold Commissioner. CHAPTER XVI.— On Mining Boards. '-■ CHAPTER XVII.— On the Definition of Mining Words. TlA' H ^.. I k. -. L J. H iii-?-.v v,;.A«,.-:-.; .... »•■ "• '^ baa 'dmiui ) no \ ilOlI'lOfT'Tfr •!'■»'■.>•} £51 1'.. I ^fU. yimi. .-* ' ' TT»'> .^ - -una ■ I Alia .'j^aui ;iiBtii i ii, . I^> i*Oi^ii^iJyU e INTRODUCTORY REMARKS. ^ r 'r Uit'l jO 1:1 During the past mining season at Cariboo, a want was universally felt of so:ne work in the nature df instructions, rather than rules, to the miners in their various mining operations ; this was rendered the iiipre necessary as the mining Proclamations and Rules and Regulations seldom found their way in a complete state into the hands of miners. The recent ordinances have rendered this want the more pressing, as by repealing and re-enacting different clauses, in the numerous Proclamations, Rules and Regulations, it has become a mat^fer of great intricacy to sift out the meaning of many of the Rules ; this has been by the present work rendered more easy, and all requisite heads with the different clauses applicable thereto, omitting the repealed ones, have been placed in separate chapters, so as to ren- der the practical miner at once conversant with the particular portion of mining law he is in quest ^6f. The laws respecting Bed Rock Plume and Mining Drains are a very great and satisfactory feature in the now ordinances, and also in the advance Of mi- ning, and great results may be. confidently look t6 from these provisions if energetically carried oul « INTRODUCTORY REMARKS. The advantages to be derived from Bed Rock Flumes are easily apparent so far as regards the effectually extracting the Gold from Creeks which have been abandoned as impracticable by individual or companies of miners, from excess of water, quick- sand, boulders and other of the many difficulties the miner has to contend against, and all ground will by their assistance be rendered easily workable. The water, which to the individual miner is one of the greatest drawbacks, will assist rather than deter their operations. +r. The perfect drainage too obtained by the uninter- rupted flow of water down the different creeks on wnich Bed Rock Flumes are worked, will much assist the miner whose claim is situated on the sides of the different flumes and render the extracation of the auriferous metal more easy, having the necessary hydraulic power so easily available will be a saving of much expense and labor, as it renders unnecessary the working of ditches and bringing of water from a distance, in consequence causing the working to be much more remunerative to the miner. This will bring into immediate working many portions of mining grounds hitherto neglected from the want of . these advantages: to the Flume companies the reeult will be equally profitable, as after their first outlay the labor required to work is comparatively small, the great portion of the work being done by water and tbe numerous individual claim holders on the margin of their flumes will add their quota to the deposit of gold. The mode of collecting assessments and the part' nership clauses are clauses of great importance, apd go far to establish mining interests on a firm INTRODUCTORY REMARKS. basis, the foremen of the companies have hitherto been put to much trouble, expense and loss of time in collecting these assessments ; and it is worthy of suggestion to companies whether it is not better to place their assessments for collection and their books to be made up, immediately after their weekly or fortnightly assessment has been made, in the hands of some practical man engaged in that occu- pation, and thereby save the great loss they have hitherto sustained from the absence of the foreman, loss of labor and of his supervision, which is doubly necessary ; the company^s accounts would then be easily available to all members of the company and would enhance the confidence of the public at large in their undertaking. Though the inti'oduction of Bed Bock Flume Companies is a great improvement in mining in British Columbia, still if the different companies* in the mining districts of Cariboo, where the first outlay for work is so great, were carried on on the joint stock principle, it would add materially to the stability of the companies, and open a gate for the easy influx of capital, a desideratum which would afford an easy and safe investment to the capitalist. With every confidence in the success of the com- ing season, the present work is placed in the hands of the miner to enable him at a glance to ob- tain the law he is in search of, and as far as possible keep him clear from the quick-sands of litigation. \ Victoria, April, 1864, ■ma .3IJ .9^« ,*€•*! .Mv;* *-'. '1 ' ' ' I ■' ' i s ■ , ■ CHAPTER I. f WHO MAY BECOME FREE MINERS. All persons above the age of sixteen years may become Free Miners. Prior to the recent Ordinance, it has been the custom to take up shares, and hold the same, in the names of children and married women. This seema io have been entirely at the risk of the persons do- ing so, and contrary to all rules of law, on account of the disabilities under which infants and married women labor. These disabilities, with respect to infancy, have now partially been removed, and persons above the age of sixteen years are now in the same position as Adult Free Miners, and they are subjeet to the same rules, and enjoy the same rights, as adults ; but no person under the age of sixteen years is capable of holding any claim or interest therein.* With regard to married women, no law has ever been made especially for them, and the mistake as regards their right to hold J The first step for the person wishing to become a Free Miner, is to obtain a Free Miner's Certificate ; ^ and the course to be adopted is to go to the office of the Gold Commissioner and apply for the same, • when on payment of the fee of One Pound it is rea- dily granted, ■ if «Ord.l864,teo.45. iQ WHO MAT BECOME FBEE MINERS^ This is of great importance, as by the new Ordi- nance extending and improving the mining laws, that portion of Clause 7 of the Gold Fields Act, 1859, which had been repealed, has been re- enacted, napaely : that " No person shall be re- cognised as having any right or interest in or to any claim, or ditch, or any gold therein, unless he shall be, or in case of disputed ownership, unless he shall have been at the time of the dispute ensuing, a Free Miner." The Certificate is generally printed, and is in the form given by the Proclamation of 1859.t It con- tinues in force for twelve months from the date thereof; it is not transferable, and the name of one person only is to be inserted in each such certifi- cate 4 The certificate must, be countersigned by the Free Miner before being produced by him for any pur- pose ; and when such certificate is applied for by the miner in person, the same should be signed by such miner before being signed by the Gold Com- missioner.! Every Free Miner has, during the continuance of his certificate, the right to enter without let or hin- drance upon any of the unoccupied waste lands of the Crown and to mine therein.§ The Gold Commissioner, at the time of issuing the certificato, records its date, and the number and name of the I'ree Miner, and whether the same was issued in person or to another.* fProclamation 1859, lee. S. t Proclamation 1859, sec. 4. pb., aeo. 4. $Ib., see. 5. *lh,t sec. 9. WHO HAT BECOME FBEE MINE)E|;$. 11 If any Free Miner^s certificate be accidentally destroyed or lost, the same may, upon evidence thereof, be replaced by a new certificate bearing the same date.^ Any person wilfully damaging or destroying any miner's certificate, or fraudulently filling up or post dating or altering any name or date, or who shall falsely pretend that he is the person named in such certificate, is guilty of felony, and on conviction is liable to penal servitude for not more than ten years.t CHAPTER III: WHAT ARE MINING CLAIMS AND INTERESTS. The different description of mining property may be divided into two, namely : Mining Claims pro- per, and Mining Interests. Mining Claims may be divided into and included under the following heads : ^ 1. Creek Claims. 2. Hill or Tunnel Claims. d. Quartz Claims. 4, Bar Diggings. 5. Bench Diggings. Mining Interests — not being, strictly speaking, Claims — into the following : 1. ?ed Rock Flumes. 2. Ditch and Water Privilege*. ^ *Frocl. 1859, tec. 10. fib., sec. 39. 'Am 12 mmm CLxm& £^ imiKmta. 3. Minittg Drains. 4. Leases of larger proportions oif mining ground tlian Claims. All mining claims and interests are subject to public rights of way and water.* MINING CLAIMS. 1, A Creek Claim may be defined to be a. parcel of ground taken up on the alluvial banks, or flats, which lie on each side of a river or stream ; they may be selected from the land lying on either side of, and as near or as far from the stream, as the miner's judgment may lead him to think the most probable place, either from the change of current or from other circumstances, to be productive of gold. It consists of 100 feet square to each miner. f 2. Hill or Tunnel Claims are situate on the side or rise of the hills or banks which run along the side of the creek, and are at a greater or less dis- tance from the creek, according to tho breadth of the alluvial banks or flats which lie on each side of the creek. In these claims, or other hill claims, the owner is allowed a frontage of 100 feet, irrespective of depth 4 But as soon as pay is struck in paying quantities, they must confine themselves to 100 feet for each miner,^ but are allowed to mark 100 feet ahead of the spot where gold in paying quantities is found .§ The right to the tunnel, and tan feet of ground on either side of it, in addition to the above, shall be *Rale8 Jan. 6, i860, sto. 5. fRules Feb 24, 1863, seo. 2. t^b. (Rules Feb. 24, 1863, seo. 2. tfif .t}l m^ma claims and iNocfiBBSTs. coiiBi4er6d as appurtenant to the claim to which it is Bti^riexed, and be abandoned or forfeited by the abandonment or forfeiture of the claim itself.^ 3/ A Quartz Claim is taken up where a lode or veiu of gold is discovered in a strata of quartz ; it follows the lode or vein, and is in length 150 feel, measured along the lode or vein, with power for the miner to fo'low the lode or vein, and its spurs, dips and angjler, anywhere in or below the surface in- cluded between the ttwo extremities of such length of 150 feet, but not beyond 100 feet in a latteral di- rection from the main lode or vein along wMch the; measurement is taken.f ,V .wh-]^ 4. Bar Diggings are that portion of the banks of a river over which the river in its most flooded state extends, and are ir eluded between high and low water marks. The size of a claim for bar diggings is a strip of land 100 feet wide at the mark to which the river rises when flooded, along such high water' mark, and thence extending down direct to the river, to the lowest water level.J These claims are chiefly confined to large rivers like the Fraser, Thomson, Sticken and others. 5. Bench Diggings are situate on the high level benches lying on either side of the large rivers, and the following is the size of the claim allowed to each miner : — 100 feet square, or else a strip of land 25 feet wide at the edge of the cliff next the river, and boundeid by two straight lines, carried as nearly as possible in each case perpendicular to the general direction of the cliffs in the rear of the benches, or •Rules Feb. 24, 18fi3, sec. 2. J Rules Feb. 24, 1863, sec. 2. Rnlei Feb. ki, 1863» seo. 2. .> ,r*5'i ^^Ml «5 .fy . . - jit sn. m W'i 14 MINma CLAIMS AND INtEliESi:3: K to the general slope of the mountains in the reat,' across the level bench up to and not beyond the foot of the descent in the rear, and in such lasjr '' mentioned case the space included between such two boundary lines when produced over the face of the cliff in front, as far as the foot of such cliff and no further ; and all mines in the space so included shall also form a part of such claim.* As to mining claims of any denomination where the pay dirt is thin, or claims in small demand, or where, from circumstances he may deem reasonable, the Gold Commissioner may allow the miner to re-^ gister two claims, and allow such period as he may think proper for non-working either. A Discovery Claim may be one of these.f A Discovery Claim arises where any Free Miner, or party of Free Miners, discover a new mine, the first discoverer or party of discoverers, if not more than two, are entitled to a claim each double the usual size ; if three, to five claims of the usual size ; and if four or more, to a claim and a-half per man.| MINING INTERESTS. ■id 1. Bed Rock Flumes are either the property of and held by companies or private individuals ; they may be considered as rather a requisite for the ad- vantageous working ot the claims than constituting claims themselves. They may be, however, cor:^ rectly described as Mining Interests. !?.ulei Jan. 6, 1F60, tec. 2. '!!»-, iec. 4, ^ .olai Stpt 7, 18£9i lec. 4. '■? ■■'■'. :, Y MTSrilTG CLAIMS AND INTERESTS. 16 They originate in grants, from the Gold Commis- sioner, to certain Free Miners, above the number of three, to enter upon land in any creek, and lay flumes in the bed of the stream for the purpose of taking out the gold. They are granted for a term of years not exceeding ten."'^ Private Bed Rock Flumes are put in by indi- vidual claim holders to connect with the flumes put in by Bed Rock Flume Companies ; and such indi- vidual claim holders, after the Bed Rock Flume has been extended through their respective claims, have the right to become members of the Bed Rock Flume Company, taking a proportionate interest, or they can work their ground on their own account, at their option.t 2. Ditch, or Water Privileges, are grants either to companies or individuals of the exclusive right of constructing ditches or water courses for the pur- pose of conveying water to claims, and of charging a certain rent for such water. They are a perman- ent property, and are under the control of the Gold Commissioner. 3. Mining Drains are grants from the Gold Com- missioner to private individuals, or companies, to enter on land for the purpose of making drains to carry off the water from shafts, and other portion of claims ; they are empowered to take certain tolls from all persons using or, in the opinion of the Gold Commissioner, benefitted by such drains.}: 4. Leases of a greater proportion of mining ground than claims, can only be granted by the •Ord. 1864, leo. 9. tOrd. 1864, tec. 20. tOrd. Feb. 1, 1864. 16 MINING CLAIMS AND INTERESTS. Governor, for the time being, of the Colony, for the purpose of mining. They will not be granted in general for a longer term than ten years, or for a larger space than ten acres of alluvial soil, or half a mile in length of unworked quartz, or in bar dig- gings half a mile in length along the high water mark, or a mile and a half when the same has been attempted and abandoned,* ■i ■ CHAPTER IV. OP THE MODE OP OBTAINING CLAIMS BY PRE-EMPTION. The following remarks will be some guide to the Free Miner in laying out his claim : In laying out creek and other claims, where the amount of ground allowed to each free miner is 100 feet square, the claims should be as nearly as may rectangular in shape, and marked by four pegs at the least; each peg to be four inches square at the least. t The boundary pegs are not to be con- cealed, or moved, or injured, without the previous permission of the Gold Commissioner4 This provision should be carefully attended to, as it is a very necessary one, and on« which from be- ing neglected has led to much litigation. There is now no distinguishing number required to be marked on these pegs, as by the recent Ordinance § the provision requiring the same has been repealed. «Rule8 7th S«pt., 1859, sec. 20. tBules Sept. 7, 1859, sec. 2. tib. § Ord. 1864, tee. 40i T^ OBTAININO CLAIMS BY PRE-EMPTION. n In measuring all claims, the measurements of area are to be made on the surface of the earth, neglect- ing inequalities.* The practice hitherto in stakinuf out claims has been to place the name of the free miner, either taking up or holdinj? the claims, together with the number of the free miner^s certificate, on the pegs or boundary posts, and it is still prudent to do so, though there does not appear to be any express enactment requiring it. In laying out Tunnel or Hill Claims the course to be adopted should be to draw a ba?e line of 100 feet where the claims are situate on the banks of or fronting on any natural channel, stream, ravine or other water course ; such base line is to be drawn parallel to the channel of the stream on which the claims are located, such base line to constitute the frontage of such claim, and to be marked by posts of the le^al size placed at inte^'vals of 100 feet ; lines drawn at right angles with this base line are to constitute the side lines or divisions between the claim3,t and are to be distinctly marked off by two parallel lines or rows of pegs, fixed in the ground at Intervals of 50 feet or thereabouts; such boundaries or parallel lines shall be carried in a direction as straight as possible to the summit level-t The Gold Commissioner has power to refuse to record any hill or tunnel claim on any creek, which claim, or any part thereof, shall include or come within 200 feet of any gulch or tributary of such creek.§ it '\ X «Ruleii Sppf. 7. 1859, sec. 3. tOr«l. 1^64, wr, 6. tRalei Fel^. 2i. 1863. §Ord. 1864, t«o. 7. "r 18 OBTAINING CLAIMS BY PRE-EMPTION. r In layini^ out Quartz Claims no particular mode is provided for fixing the; posts, but the 150 feet al- lowed by law to each miner should be marked out distinctly by posts of the usual size indicating the two extremities of the lode or vein.* Each pre-emptor must leave three feet unworked, to form a boundary line between his claim and that of the last previous claimant, and shall stake out his claim accordingly^ not commencing at the boundary pe^ of the last previous claimant, but three feet further on .f ^ In Bar Diggings, the best course would be to mark the two extremities of the line running along the high water level of the river with the usual posts, arid also the two extremities of the line on the margin of the stream. In Bench Diggings, the mode adopted in marking put hill ot* tunnel claims would bo most appropri- at■ ■ * :-.m m 20 ESTATE AND INTEREST IN MINING CLAIMS. or leavings, forking? from sluices, waste dirt or large stones or ta lings, be allowed to accumul te so as tu obstruct the nuturul course of the stream.* The Free Miner is also entitled to the use of so much of the water flowing naturally through or past his claim, as not already lawfully appropriated,t as shall in the opinion of the Gold Commissioner be necessary for the due working thereof.^ In case of the death of any Free Miner holding "any claim, or interest, the same is not open to the occupation of any other person for nou-working or ''non-representation, either after his death, or during th^ illness preceding the 8ame.§ The Gold Com- missioner has full power either to represent or sell 'Hhe same, as he may think just.ll Any Free Miner can sell, mortgage, transmit, or dispose of any number of claims or interests therein ■^lawfully held or acquired by him, whether by pre- emption or purchase.l t^^f In case of a sale or mortgage of any claim, the ^ full bona fide price or consideration must be set •^ forth in the conveyance, mortgage, or other docu- ''inent, conveying or asi: 'gning the same, otherwise '*'Such sale or mortgage will be void.** ,.- No transfer of any claim or interest therein id en- forceable unless the same or some memorandum thereof shall be in writing, signed by the party sought to be charged, or by bis lawfully authorised ., ♦Ord. 1864. sec 27. fib., nee. 37 tProcl March 2\ 1863. sec. 3. SOrd. 1864, «ec. 46. flUrd 1K64. sec 47. 43,49, 60. % Jrd 1864, see. 46. *«Urd. 1861, sec. 62. ESTATE AND INTEREST IN MINING CLAIMS. 21 agent, and registered with the Gold Commissioner * It is now, therefore, requisite that greater care should be taken in the prepurntion of all convey- ances, mortgages and other assurances than has hecn hitherto given to the preparation of the?e docu- ments. The forms hitherto used for conveyances and assignments of mining interests are nl together informal, and have more than once called forth re- marks from the Chief Justice, which, however, have been as yet disregarded. CHAPTER VI. ON BED ROCK FLUMES. Before making application to the Gold Comtris- sioner for a grant, it is requisite that three or more Free Miners should constitute themselves into a Bed Rock Flume Company .t and at the time of making the application they must mark out the ground con- tained in the application by square posts firmly fixed in the boundaries of their land, and four feet above the surface, with a notice thereon that such land has been applied for, stating when and by whom, and shall also fix upon a similar post, at each of the nearest places on which miners are at work, a copy of such LOtice, and also put up a notice of such ap- plication in some conspicuous part of the town, place, or at the Court House nearest the locality *Rul«8 S^vt. 7. 1859, sec. 6. tOrd. 1864, lee. 10. ft" III 22 BED ROCK PLUMES. i»* Il^j r#a*«-.J^«f« ^«ir9>M •Jr 1^ i.*^ r.^ y« a|>plled for, at least five clear days before maKine: Biich application.^ Where any portion or part of any river, creek, giilch, ravine or other water course intended to be taken by such company, shall have four or more free miners per mile legally holding any bona fide work- ing claims on such stream pr other water course, it i^ riequisite for the company locating any portion of such stream, to have their location carefully sur- veyed, and a post with a square top driven securely into the ground upon the lower lino of each such claims, within such company's limits, and shall at the time of setting up such posts give notice to the holder of eacn such claims, in writing, of the dis- tance in feet and inches at which such company's flume will strike such miner's claim, or perpendicu- larly below the top of such post, and the number of inches gra;de which each ^ume has in each 100 feet.t The foregoing seem all the preliminary requisites before the application for the grant, which, if there hprkb opposition thereto, will be made by the (jold Commissioner, subject to such conditions as (be mining interests in his district may render adtisa- bkt - ^^ Individual or private claim holders are entitled to put ill Bed Rock Flumes, to connect with flumes put in by Bed Rock Flume Companies ; bul they niust maintalin the like grade, and build their flumes ais t i )roughly and of as strong materials as are used by bed rock flume companies ; and such individual or compahy claim holders, after the bed rock flume •Ord. 1861, w, 2^ RttUi Ttb Sept., IW9. i»o. 91* S't^tru^ SOtA. 1N4, IM. 9, » py'wwTtw^Tm^si BED ROCK FLUMES. 28 has been extended through their respective claims at their own expense, have the right either to unite with the bed rock flume company, or work their ground on their own account.* They are, however, subject to the siime rules with regard to cleaning up the flumes, repairs, and other matters, as may be adopted by the flume companies.f Private individuals, putting in bed rock flutries, may at any time abandon their respective claims and have the right to at once proceed to clean up their portion of such flume, or wait till the flume company cleans up, and then take all gold which may be found in their portion of the flume.J Bed rock flume companies must measure ofif their ground, set up their stakes, post their notices, and register their claims in the same manner as indi- vidual free miners are required to do ; and shall pay £5 sterling per annum in addition to the regis- tration fee, for each half mile of claim and right of way legally held by such company .§ Bed rock flume companies, when d^ly authorised by the Gold Commissioners, have power to enter upon any river or other water course for the pur- pose of laying or constructing a bed rock flume therein. II They are also entitled to enter upon any new and unworked river, creek or other water course, and locate a strip of ground 100 feet wide 'ind 200 feet long in the bed of the stream, to each man of the persons constituting such company, aad •Ord 1864. lee. 19. 20. tOrd. 1861, lec. 24. . tOrd. 1864, see. 25, ^Ord. 1864, sec. V3. -.«, ||Ord.l864. 860.11. ^ 1 «2 ;--T 1 .r •.,» «'-:*T ■ BED ROGK FLUMES. N ?'-' ff shall have and enjoy the right of way, from their u' per line, to extend their said flume for a further distance of five miles up the stream, in the bed thereof, provided that such company shall, for each of tiie men constituting the same, construct or lay at least 50 feet of the flume during the first year, and 100 feet annually thereafter.* They are also empowered to enter upon any river, creek or other water course which may have been worked by miners and abandoned, and locate the entire bed of suci stream, 100 feet in width and one-half mile in len The owners are liable to make good all such daniages by any such works giving way, which :can be recovered before a magistrate in a summdjrjr inanner4 .ij mi ., \ii\^\\ .li .n n! /ibiiTiti Whenever it is intended, in forming or upholding any ditch, to enter upon and occupy any part of a registered claim, or to dig or loosen any e*»rth or rock within four feet of any ditch not belonging solely to the registered owner of such claim, three day's notice in writing of such intention must bo given before entering or approaching within four feet of such other property ; if the owner of such property considers three day's notice insufficient for taking proper measures of precaution, or if any dis- pute arise, the matter is to be immediately referred to the Gold Co-umissioner, who has power to make such order as he shall see fit.t The owners of any ditch or water privilege may sell and distribute the water, convoyed by them, to such persons and on such terms as tboy may deem 28 DITCH AND WATER PRIVILEGES. advisable within the limits mentioned in their ap- plication. Bat they ^re bound to supply water to all applicants, bein«^ free miners, in a fair propor- tion, and may not demand more from one person than from another, except when the difficulty of sup- ply is enhanced. No person, however, who is not a free miner, is entitled to be supplied with water at all.* .f In order to ascertain the quantity of water in any ditch or sluice, the following rules are laid down : ■ The water taken into any ditch shall be measured at the ditch head. No water shall be taken into any ditch except in a trough whose top and floor shall be horizontal planes, and sides parallel vertical plains, such tro .o be continued for six times its breadth in a he ^j.oal direction from the point at which the water enters the trough. The top of the trough to be not in '•e t' . seven inches, and the bot- tom of the trough not more than 17 inches below the surface of the water in the reservoirs, all measure- ments being taken inside the trough and in the low water or dry season. The area of a vertical trans- verse section of the trough shall be considered as the measure of the quantity of water taken by the ' ditch, t Every owner of a ditch or water privilege is bound to take all reasonable means for fertilising the water taken by him, and if he shall wilfully waste any un- reasonable quantity, he shall be charged with the full rent as if he hid sold it at a full price, and if he persists in such offence, the Gold Commissioner has power to declare all rights to the water forfeited-^ «Su1tti Sept 7th, lSi59, sec. II. fRules Jan. 6, 1880» sto. 6. itRales Sept. 7tb, 1859. DITCH AND WATER PRIVILEGES. 9 ' If any person refuse or neglect to take within the time mentioned in his application, or any further time (if any) allowed for the completion of the ditch, the whole of the water applied for, he shall be deemed entitled only to the quantity actually taken by him, and the Gold Commissioner may make such entry in the register as shall be proper to mark such alteration in quantity, and may grant the surplus to any other person .f Any person desiring to acquire any water privi- leges is bound to respect the rights of parties using the same water at a point below the place where the person desiring such new privilege intends to use it4 ,- Any person desiring to bridge across a stream or claim or other place for any purpose, or to carry water through or over any land occupied by any other person, may be enabled to do so in proper oases, with the sanction of the Gold Commissioner, where due compensation by indemnity can be given.§ Every exclusive grant of a ditch or water privi- lege, on occupied or unoccupied creeks, is subject to the rights of such registered free miners as shall then be working, or shall thereafter work in the locality from which it is proposed to take such M water. I •vt^- The Gold Commissioner has power, whenever he may deem it advisable, to order the enlargement or '< alteration of any ditch or ditches, and to fix what (if any) compensation shall be made by the parties fRttles Sept. 7th, 1859, sec. D. fIb.V see * 19.* j9Ai..kj^ .k Mn ^i^ai .ul ,ii*'l MtOX QRalM Ftb. 24th| 1863, see. 5. m •» ON HINIKG DRAINS. iVTH't 'I «« to be benefitted by such alteration or enlargement.* '^^'.He has also power, upon protest being.entertd,t6 reii^se or modify any application or grant.f • c?tiiif 'stli CHAPTER VIII. ON MINING DRAINS. -ma I ji At least ten days clear notice, in writing, of every intended application for the grant must be given by the applicant or applicants, by aiffixing the same to some conspicuous part of thg ground intended to be affected by such applicntion, and a duplicate of such notice shall be given at the same time, or as n^ar thereto as maybe, to the Gold Commissioner.^ ''*^ Every application shall contain a statement of the extent and nature of the privileges sought to be «ic- quired, and the maximum amount of driainage toll (if any) proposed to be charged for the use or benefit to be made or derived from the drainage works thereby proposed to be constructed.§ The' Gold Commissioner, upon being satisfi^ that due notice has been given, is empowered to' graint full license and authority to any free miner or (miners, or company of free miners, to enter upon Any lands for the purpose of constructing a drain or drains for the drainage of mining ground, and ibr that purpose to enter into an agreement or agree- ♦Rules Feb. 24, 1863. sec 8. tProelimatir.n Match 25th. 1883, sec. 5. |Ord. F«b. lit, 1864» sco. 4, $Ib.» sec. 2. .!^ ?r-,'. ff4. »*•»■•"* v'^s ^4-' V ft- It ON IflNING DRAINS. 31 ments for a grant or license with any free miners.* He has also power to grant such rights of entry and taking toll, not however exceeding the maximum amount mentioned in the application, for such term of years not exceeding ten years, and to grant such powers of assessing, levying and collecting such sums of money, by way of drainage toll, from all persons Uding, or in the opinion of the said Gold Commissioner, benefitted by such drain or drains, and with, under and subject to such terms, condi- tions and restrictions as to him, in his discretion may seem just and reasonable.t Every grant or license must contain covenants by the grantees to construct such drains and have the same in effective working order within a time cer- tain to be therein named, and for keeping the same in thorough working order and repair, and if the grantees neglect to do so the Gold Commissioner has the power to order any inspection and, on com- plaint, to order any necessary repairs or alterations to be done, and if not then done, such repairs and alterations may be handed over by him for execu- tion to any other person or person or company, be- ing free miners ; the costs tliereof to be levied by sale of any part of the property of the grantees, in- cluding the tolls (but subject to the conditions of the grant or license under which the same is held,) and shall also contain covenants to make proper tap drains in a reasonable time for or into adjacent claims, or to suffer the parties desirous of such tap drains to make them themselves, in which case the parties so making and using such tap drains shall «Ord. lit Feb.. 1864. tee. 1, fOrd. Feb. 1, 1864; ], 32 ON MINING DRAINS. only be chargeable with one-half the usual rates of drainage or other proportion of toll, as the Gold Conimfssioner shall prescribe. And shall also con- tain all such other proper covenants and stipula- tions for ensuring the better construction, mainten- ance and repairs of the said drains and drainage works, and for the protection of ^wners of adjacent claims.* Ever grant shall include a power to enter and make tap drains, but in the case of tap drains only three dayg previous notice, affixed as the manner before mentioned, is required.t The Gold Commissioner alone (or if required by either party) with the aisistance of a Jury of five free miners, may ascertain the amount of compensa- tion for damage caused by any such entry or ccn- struction.J No such grant is to afifeci, limit or abridge the rights of her Alajesty in or to crown lands; § and no such grant or license shall be valid, unless it shall contain a reservation of the public rights of way and wa*^er.|| Any person refusing to obey any lawful order in relation to payment of toll or compensation, or to any drain or other matter that shall be required to be dou3 under the Act, or u! der the grant or license, shall on conviction be liable to a fine not exceeding ^650, or imprisonment not exceeding three calendar nionths.l *Ord. Itt Feb. 1864, see. 5. fOrd litt Feb , 1864, nee. 6. iOrd. 1st Feb. 7tb. 1864. sec. 7. Ord. Feb. 7tb, 1864, sec. 8. Ord. Feb. 7th, 186S sec. 9. I Ord. Feb. 7t)). 1864, sec. 10. ib .S^^UJ"' ON MINING DRAWS. ^,,m^^Ji ** * If the grantees desire to abaadon their grants or licenses, they musigive twenty clear days notice by affixinsr the same and deliviug a duplicate in man- ner before mentioned.* » ■ii: nrnit )o m>i:m mil ib CHAPTER IX. .t LCAseis OF Larger proportion than claihs. "' Leases of any portion of the waste lands of the crown may be granted for mining purposes for such terra of years and upon such conditions as to rent and the mode of working and as to any water priv- ileges connected therewith or otherwisiB in each case as shall be deemed expedient by his Bxcellency the - Governor.t ^ /.^, . •■ .^-. ; Afiplications for leas^ are to be sent in, in trip- licate, to the Gold Commissioner having jtirisdic- tion for the locality where the land desired to be taken is situate.^ Every applicant for a lease shall at the time of sending in his application mark out the ground com- prised in the application by square posts firmly fixed in the boundaries of the land and fotir feet above the surface, with a notice thereon that such land has been applied for, stating when and by whom,' and shall also fix upon a similar post, at each of the nearest places where miners are at work a copjr of such notice.§ r >r> vrts>?Qnt s'. i ^o *Ord. Feb. 7th, 1864, see. 11. t Proclamation 18o9, see. 11. t Rules Sept. 7, 185), see. 2\ (Rules Sept. 7, 1869, sec. 24. m ^-'^9 .im tS. OJ' U-U .22.c-.-j, for securing to the public rights of way and water, save in so far as may be necessary for the miner-like working of the premises thereby demised, and also for pre- venting damage to the persons or property of other •Rules Sept. 7. 186.^ eeo. 20. , tRulee Sept. 7, 18-59, sec .21. JHulesSept. 7, 1869,8eo.22. -- ^*«^ LEASES OP LARGER PROPORTION THAN CLAIMS. 35 nartiea than the lessee ; the premises will bo granted for mining purposes only, and the lessee cannot as- sign or sublet tlie same without the previous license in writing of the Gold Commissioner.* Leases must also contain covenants to mine in a miner-like manner, and also, if thought neces-ary, to perform the works therein defined within a time lim- ited ; and also a clause by which the lease may be avoided in case the lessee refuse or neglect to ob- serve and perform tl ' covciiants.t Obj »ctions to the granting of any such lease must be made in writing, addressed to His Excellency the Governor, under cover, to the Gold Commissioner, who will forward the same, with his report tliereon.:]: Every application for a lease must be accompanied by a deposit of £25, which will be refunded if the application be refused.§ CHAPTER X. ON MINING COPARTNERSHIPS. All minin^f copartnerships are governed by the following provisions, unless they have other and written articles of copartnership, properly signed, attested and recorded.!! No mining copartnership is to continue for a larger period than one year, but such copartnership *Ru1es 7th Sept . 185), sec. 23. trtules Sept. 7.'859. Bjc. 2<. t Rules Sept 7, 1859, seo 2.1. »aai«s Kept. 7i IS49, 190. ^Q« |Ofd, 1864,899,^, .r 36 ON MINING COPARTNERSHIPS. may be renewed at tke expiration of each jear.* The business of such copartners must be confined to mining, and such other matters as pertain solely tbereto.t A majority of the copartners, or their legally au- thorised agents, may decide the manner of working the claims, the number of men to be employed, and extent and manner of levying assessments to defray the expense of working the claims, and all other matters pertaining thereto, provided that such com- pany's claims be represented according to law. Such majority may also choose a foreman, or local manager, who shall represent the company, and have power to bind such company by his contracts, and sue and be sued in the name of the company for as- sessments and otherwise ; and every such partner- ship must register its partnership or company name."]: Assessments levied during the time of working must be paid within ten clear days after each such assessment.! And any party failing or refusing to pay the same, after having received notice thereof, specifying the amount due, during the period such party may be delinquent, is personally liable to his copartners for the amount, and such amount having been ascertained by a court of competent jurisdic- tion, his interest in the company's claims may be sold for the amount due, with interest (if any) and ^. C08t8.|| q/fl; Notice of such sale of such delinquent's interest, or so much thereof as shall suffice to pay the amount •Ord. 1864, Mc. 30. tOrd. 18(M, iif c. 31. tOrd. 1884. tec. 32. . ; , fOrd. Ih64, aeo. 88. "^ ^ ^a fOrd. 1884, icc. 84. '^ '•^" **'^' '" * ON MINING COPARTNERSHIPS. 37 due, with interest and costs, must be published by advert i^oment in some newspaper published in the district, for ten days prior to the sale, but if there is no such newspaper, then notices of such sale are to be posted, for the same length of time, in the vicinity of the claim or interest to be sold, and at the Court House nearest thereto ; and such sale must be by public auction, to the bidder oflfering to pay the amount due for the smallest portion of the said claim or interest. The purchaser at such sale shall, on payment of the purchase money, acquire all the rio^ht, title and interest of the delinquent, and shall be entitled to the immediate possession there- of.* All disputes concerning partnerships in any mine 0*" laim may be investigated, in the first instance, before the Gold Commissioner having jurisdiction as aforesaid, without any limit to the value of the propertv or subject matter involved in such disp'Ue.f Section 8 of the Ordinance of 1864 (26th Peb.), gives the Gold Commissioner power to decide all mining copartnerships, irrespective of amount, but leaves untouched that section of the Proclamation of 1859.t giving the power, in case of any dlsipute be-' tween partners, in any claim, ditch, mine or water privilege, where the joint or partnership stock shall be shown not to exceed j£200, but not in other cases to decree a dissolution of partnership and a sale or valuation or •division of partnership stock, and to direct the partnership accounts to be taken before himself, and declare what amount, if any, is due on the whole account by one partner to another, aud «0r<1. 1864. teo. 3a. fProd. 1859, leo. 16. ISeotioa 25. 38 Xn ON MINING COPARTNERSHIPS. :,\\ generally to make such order and give such direc- ^ tions therein as he shall think fit, and to take such steps as he may deem expedient in the way of taking security or appointing a receiver, or otherwise for securing the partnership properly in the meantime. Though this clause seems confined to the winding up of copartiMJrships alone, it is to be regretted that the power was not extended under this section also. Miners of the age of sixteen years, but not under, can become copartners.* CHAPTER XI. ON REGISTRATION. fh All persons holding any claims, ditch or water privileges must register the same at the office of the Gold Commissioner who will record in a tabular form in a book, or books, to be kept by him, the name of the holder, the name of the mine, and all sueh further particulars as may by any valid By- law, for the place or district where the same may be situate be required ; such registration is valid for the space of one year and no longer.t Every free miner is allowed three days in which to reco»'d his claim by pre-emption afler the same has been located, if such claim shall be within ten miles of the Gold Commissioner's office ; if more than ten miles from it, then an additional day shall «Ord. 1864, sec. 28. tProelMmttion 1869, tec. 6. ON REGISTRATION. 39 be allowed for every additional ten miles or fraction of ten miles, as the case may be.* The registration of claims must be in such man- ner and form as the Gold Commissioner may in any locality direct, and must include all such matters as the Gold Commissioner thinks fit to include.t No transfer can be enforced unless the same or some memorandum thereof is registered^ The Commissioner can refuse to record any hill or tunnel claim on any creek which shall include or come within three hundred feet of any gulch or trib- utary of such creek § Bed-rock flume companies must register their claims in the same manner as individual free miners.ll The free miner^s certificate of every applicant must be produced previously to recording a claim or interest.! No claims located and recorded in any district within fourteen days after the claims thereon shall have been laid over, shall be allowed or deemed to be so laid over unless so much work shall have been hmafde expended thereon by the holders thereof as shall fairly entitle them to have such claim laid over. ** This section is rather a puzzle as to its meaning or as to its usefulness, as it seems confined to four- teen days after the laying over. «Ord. 1864. see. 43. fRiilet Srpt. 7, 1859. tKules Sept. 7« nee. 6, $Ord. 1864 IPC. 7. llOrd. 1864. sec. 23. llOrd. 1864. sec. 38. ««Ocd. 1864, lec. 43. >i^:4 i,:i.-Uw*tbr m 0^ Ri6lS^ATtbN. iHii&Bignraent of a deceased miner^s interest by the Gold Commissioders is required to be regis- tered as If Bach miner had made the same before his death;* and a parchase, under an order of sale to pay assessments, will no doubi have to be so, as there can be little doubt that the clause doolari ng that no transfer shall be enforced unless registered would bo held to apply .t The fees on the registration of any sale, mortgage, transfer or other disposition of any claim, ditch, flume, water privilege or any seperate interest therein respectively when the price or consideration or value of the property disposed of is .£100 or un- der, is the sum of one pound and six pence, and for every £50 or fraction of X50 over XI 00, the ad- ditional fee of ten shillings and three pence, is to be taken at the time of each registration.^ '■ For every record, whether of leave of absence granted, or any matter or thing relating to mining, ^nd for which a special ie^ shall not have been pro- Tidied, a registration fee of ten shillings and six- pence is to be taken, but for every search of a record, only four shillings aud two pence.§ ' Upon every registration or re-registration or re- cord of any claim a fee of ten shillings and three pence is to be taken.li Every copy or extract from any recorder reofister kept by any Gold Commissioner, and certified to be a true copy or extract under his hand, or other per- son authorised to take or keep such record or regis- ter, shall, in the absence of the original register, bo •Ord. 1864, tee. 48. fKulfi Sept. 7» 1859, an tt'. t^fd. IIS^, ico. 51. (Urd. 1864, tte. 39. (|ProeliunitUoii March 25, 1863, icc. 9. ^ OK REGISTRATION. re 41 receivable ia any judicial proceedings as evidence of all matters and thinsrs therein appearing.^' iiAny person who shall wilfully and maliciously damage^ destroy, or falsify any of the records and registers shall no guilty of felony, and is liable to penal servitude for not more than ten years.t In case of any dispute the title to claims, leases of auriferous earth or rock, ditches or water privileges, will be recognised according to t' 3 priority of re- gistration, subject only to any question which may be raised as to the validity of any particular act of registration % As regardis the fees for recording the sale or transfer, where part of the consideration consists of a sum to bo paid, when taken out, it is impossible to say whether the full fees will be taken on that sum or no ; but there is no doubt, in equity, it ought only to be in the intrinsic value of the amount at the time of the sale. Mining copartnerships must regsster their part- nership or company name.§ I CHAPTER XII. ON THE REPRESENTATION AND ABANDONMENT OP CLAIMS. Every mining claim must be represented either by the free miner himself or some other in bis stead, except under the circumstances hereafter mentioned. *Ord. 1864, leo. 64. t^^od. 1859, neo. 39. tProd. 1869, i«c. 8. fOrd. i864» seo. ^9. «|ft 4^ BEPRESENTATION, AC , OP CLAIMS. 'However, where a free miner has disposed of a half or other less interert it is not requisite that such interest should be represented seperately it will be sufficient if the whole claim whether divided amongst two or more be represented by one miner. The representation must however, be bona fide and not a colorable working.* As to what is the precise meaning of a hanafide and not colorable working it is somewhat difficult to define. The decisions of the Gold Commissioner during last season left the law in a very unsatisfac- tory state, and the i>sue of some rule for the guid- ance of the miner would be of advantage. The following species of work, though not strictly within the definition of mining work are subjects which have been laid down as bona fide : 1. Clearing brush from the claim. ^i 'i'> 2. Building log huts or cabin. ' ^7^ 3. Cutting lumber for wheel, shaft or other work at a distance from the claim itt^elf. 4. The time engaged in fetching provisions and other requisites for the use of the miners, and also materials for mining purposes. Where claims are worked in copartnership the majority may decide the manner of working and the number of men to be employed, they must, how- ever keep the number of claims fullj- represented according to law.t Jt is the usual course to have every individual claim in a set of c'aims represented by one minor, but the Gold Commissioner has the power vested in him to regulate what number of miners shall be *Froclftmaton March 25th, 1863, sse. 3. tOrd« 1864, mo. ^%, REPRESENTATION, AC, OF CLAIMS. 4J employed in prospecting until gold in paying quan- tities shall have been discovered, after which the full number of authorized miners must be employed on the claims.* This seems confined to tunnelling and sinking and it is apprehended that it does not include the claims worked by sluices or fluming, so that the whole of the claims in these companies will have to be represented. As to the abandonment of claims, a claim or mine shall be deemed to be abandoned and open to the occupation of any free miner when the same shall remain un worked for the space of seventy-two hours, unless in case of sickness, or unless before the expiry of such seventy-two hours a further extension of time be granted for enabling parties to go prospecting or for such other reasonable cause. t The laying over of claims through the owner not being able to work the same for lack of water, or through being troubled with too much water, and some o59, sec. 25. J'Proclamiition 1859. sectioos 27. 28. llh,t section 22. Procl. 1869, sec. 23. Rttkt Feb. 24ih, 1863, sec. 8. .a isHr 43 •^'^'GOLD COMMISSIONER. misiioner within any district in which the same is partly situate has full jurisdiction to act."*^ An appeal is granted from his decision where any person is convicted of any offence against any Pro- clamation, Rule or Regulation and sentenced to any ^ term of imprisonment beyond thirty days, or to pay a fine above .£20, over and above the costs of sum- mary conviction, to the next assizes to be holden for the district or place wherein the cause may have arirten ; provided such person enter into recogni- zances, with two sufficient sureties, conditioned per- sonally to appear to try such appeal, and to abide the further judgment at such a8sizes,and to pay such costs ad shall be by such last mentioned court awarded ; and the convicting Gold Commissioner may bind over any witnesses or informant, under sufficient recognizances, to attend and give evi- dence at the hearing of such appeal.t No objection will be allowed to the conviction on any matter of form or insufficiency of statcment.ij: '"^ Penalties for the infraction of the Gold Laws may, if deemed proper, be ordered to be recovered by sale and distress to be levied forthwith, or at i any convenient interval after conviction and non- payment within so many hours, or such longer time : as shall be allowed, by distress and sale of any claim or ditch, or any personal property whatsoever, f of the person on whom such penalty may have been • imposed. § An appeal is allowed in civil cases, if either pa ty where the subject matter in dispute is ir .iian ^Proelamntinn 1869, see. 15. * fProd. 18d9, bpc 18. tl^.. sec. 19. (Roltt Ftb. 24, 1863, leo. 6. GOLD COMMISSIONER. 49 f^^. rv t.f^r'i } ^ f £20 J shall be dissatisfied t? ith his determination, to the Supreme Court of Civil Justice, provided that the appealing party shall, within four days of the determination appealed from, give notice of such appeal to the other party, and also give secvrity, to be approved by the Gold Commissioner, for the costs of the appeal, and also for the amount payable by the appealing party under the judgment appealed against. And the said court of appeal may either order a new trial, on such terms as it shall think fit, or order judgment to be entered for either party or try the cause de novo, and may make such order as to the costs of the appeal as such court shall think proper, and such appeal may be in the form of a case, settled and signed by the parties and their at* tornies, and if they cannot agree, the said Gold Commissioner may settle and sign the same upon being applied to by the parties or their attornies.* In case of any cause relating to a mine, claim or ditch being brought in the first instance before the Supreme Court, wherein the damages sought to be recovered shall be less than X50, the court, after issue joined, may direct sach cause to be tried before any Gold Commissioner whom the court may name, and upon such terms as the court shall thinly fit.t ^ It is not necessarv for the Gold Conimissioner in any proceedings before him to follow any set forms, provided that the subst>nce of the things done and to be done be therein expressed ; nor shall any pro- ceedings be liable to be set aside fp^* any want of form, so long as matters of substance have not beeu omitted.t >■♦ 4 M ^h GOLD COMMISSIONER. signed by the Gold Commissioner of the district, ., shall be good evidence thereof, and that the same /^ have been lawfully made and were in full forco at ^ the time in such copy or contract iu that behalf spe- cified.§ Any resolution of such Mining Board may h^,i, passed by a bare majority of the members of such - board, if the Gold Commissioners shall consent ^r thereto, or by two-thirds of tlie members of such board if the Gold Commissioner ediall not consent •Or4. 1864. ico. 3. tOrd. 1864, ttio. 2. iProel. 1849, ••o. 84. f F»ocl. 1809, lee. 84. litSt^o ^6i:Riis. Ii3 -> theteto ; the Gold Commissioner sliall, within seven days of the passing of any resolution concerning any by-law or general regulation, which he shall on any grounds deem expedient to lay before His Exceilency the Govecnor, make and send to His Excellency a fair copy thereof, signed by such Gold Commissioner, with his opinion thereon* The votes on all resolutions of the Mining Board shall be given by the members personally and by word of mouth.t All questions of order and of the time and manner of conducting the business at such Mining Board, and of the times and places of meeting, after the firsi meeting thereof, and of the propriety of elections and qualifications and disqualifications of members, are to be decided by the majority of such board, either from time to time, as any question may arise, or by any fixed rules or orders, as may be thought advisable, and which such majority are authorised to make by writing under their bands.:): His Excellency the Governor, by an order, under the public seal of the colony, may at any time de- clare the Mining Board in any district dissolved, ad from a day to be named in such order ; and if n^ day be therein named in that behalf, then as from the date of such order. And from and immediately after such dirsc!ution, the power to make and repeal by-laws and regulations shall immediately be vested in the Governor, in the same manner as if such min- ing board had never been constituted. All by-laws and working rules and regulations, and all other acts made, done and established in the meantime to •Prod. 1849. section 35. lb., seotlon 36. tProol. 1869, teotion 86. ■M,J,-4.4 54 lONINO BOABDS. be valid, until the same be altered or repealed by the Governor, by Bome order under the public seal of the colony.* X ^Fi^Umation 1859, section 37. . , M T' CHAPTER XVII. ON THE DEFINITION OP MINING WORDS. The following expressions are to have the follow- ing interpretation, unless there be something incon- sistent or repugnant thereto in the context : " The Governor," shall include any person or per- sons for the time being lawfully exercising the au- thority of a Governor for British Columbia.f " The Gold Commissioner," shall include the as- sistant Gold Commissioners and Justices of the Peace acting as Gold Commissioners, or any other person lawfully exercising the jurisdiction of the Gold Commissioner for the locality referred to.}: The word " Mine," shall mean any bar or separate locality, in which any vein, stratum or natural bed of auriferouc earth or rock shall be n ined.§ ' The verb " to mine," shall include any mode or method of working whatsoever whereby the soil or earih or any rock may be disturbed, removed, washed, sifted, smelted, refined, crushed, or other- wise de«lt with, for the purposes of obtaining gold, and whether the same may havebeen previously dis- turbed or not.li +ProeUmation 1^69, lartion 1. tlb. fProelunation I8fi9, section 1. ||lb. MINING WORDS. 55 " Claim," sliall mean, in speaking of individaal persons, so much of any mine as by law may belong or be alleged to belong to the individual spoken of ; and in speaking of any partnership, so much of any mine as may by law belong or be alleged to belong to the persons of whom the partnership shall exist, but sliall not extend to a lease of auriferous land.* " Free Miner," shall mean a person named in and lawfully possessed of an existing Talid free miner's certificate.! " Registered Free Miner," shall mean a free miner registered as entitled in his own right to any claim, lease of auriferous earth, ditch or water privilege.}: And words in Ihe sin&rular number shall include the plural, and the masculine gender shall include the feminine gender .§ The expression " Bar Diggings," shall mean every mine over which a river extends in its most flooded •state. " Dry Diggings" shall mean any mine over which a river never extends. II " Ravines," shall include watercourses, whether usually containing water or usually dry.f " Ditch," shall include a flume or race, or other artificial means, for conducting water by its own weight into or upon a mine. " Ditch Head," shall mean the point in a natural watercourse or lake where water is first taken into a ditch.** ♦Proclamation 1859. lec. 1. fib. t^b. 6Ib. ilRulci Sept. 7, 1859, section 1. fib. ««lb. <■( ■■ •if5; ni, •it». 6'.' *l INDEX. U Paos. " Abandoned Ground." what 24 Abandontntnt, what is deem- ed an 43 Except in case of siok- nesa 43 Except in case of exten- aion of time 43 Except in case of laying over 43 By (iwnera of private flnmei .•*..•.... ...2, 3, 4| 6 By owners of mining drains 33, 34 Absenee.certificate of leave of How granted 40 Fee on registration 40 Appeal- When allowed 48 In oonviotion against Penalty 48 n be to Assizes 48 Recognisances 4b Witnesses on 47, 48 Not allowed on matter of f«irm 4H In eivil cases 48, 49 [Security to be given.... 49 Notice to other party ... 49 ChUrt may order new trial 49 Order aa to costa 49 In form of special case. . 49 Application— For free miner's certi- fieate 9 For bed rock flumes ..21, 22 For ditch and water pri- Tttegei...... 26 Paoi. Application— > For mining drains 30 For leases of larger pro- portion than claims.. ••33, 35 Appointment^ Of Gold Commissioat r . . 46 Assessments- How and by whom made 16 Manager may sne for. . . 36 Within what time mast bepaid 36 Claims may be sold for. • 36 Notice of sale 36, 37 Sale must be by public auction S7 Remarks on collection. . 6, 7 Assizes—' Appeal to 48 Bar Diggings- Description of 13 How laid out 18 Bed "Rock Flumes— What 14, 15,31 Application for.... 21, 22, 23 Notices to be given... 21, 22 Requirements before ap- ?lication 21 he grant of 21, 22 Private claimholders right to pnt in 22, 23 Subject to same rules as company..... 23 As to registration .....•• 89 Right of private holders to abandon <••...*. 23 Meastircm't of ground.23, 17 Fee oh regis* sUoa tf« • 23 M INDEX. r Paoi Bed Rock Flumes- Entry on any creek.. . .23, 24 On abandoned creeK.... 24 On creak being worked. 24 Holders of claims enti- tled to grid 23,25 On ground above compa- nies claims 25 Bifthts of water for ?5 Are personal property.. 25 'K How transferred 25 Remarks on 5, 6 ^ Bona Fide Working— What 42 ^ Boundaries- Surveyor may be ap- pointed to measure 47 As to expense of survey of 47 In quartz claims ........ 18 Bridge— The right to 44 ^ By-laws — T^ How mads by mining board 4i5 Gonviction for offences ai;ainst 48 Appeal therefrom 48 Cause — When sent down from ^ Supreme Court 49 \ Certificate— (see Free Miner) Fees on registration of. . 40 . Of damage 45 * Of leave of absence 40 Of laying over 40, 43 Claim— What 54 Claims — Different kinds of 11 Subject to public rights of way and water 12 Description of creek.... 12 ^ Do. hill and tunnel .... 12 ' ' Do quartz 13 Do. bar diggings 13 Do. bench diggings... 13, 14 When miner allowed 2 . 14 What are discovery 14 Paos. Claims- Pre-emption of. 16, 17, 18, 19 Estate ft interest in. 10, 20, 21 Of bed rock flume co.'s.23, 24 Owners of, right to water ................. 20, 33 Registration of ....38, 39, 40 How represented 41, 42 Abandonment of. . .42, 43, 44 Company — As to bed rock flume ........... 0, 6. 7( 21, 22, 23 Commissioners (See Gold.) Compensation — For damages. ..29, 44, 45, 40 ConsiderAtion, how set forth, 20 Conviction, appeal from.... 48 Copartnership— Period,of continuance. .35, 36 The business of 38 Powers of a majority .... 36 The foreman of. 36 Assessments 36 Liability of partners. ... 36 Power to sell for assess- ment.. 36 Sale by, how conducted, 36,37 Desputes concern> ing ................ 37) 4d, 4/ Winding up of, 37. 38. 46. 47 Miners 16 years of age mayjoin 38 How r egistf red, 39, 41 of Register- hen evidence 40, 41 Covenants— In grant of mining drains 31,32.33 in mining leases 34, 35 Creek Clitim- What 12 How laid out 16,17 Creek- Powers of entry on. to flames 15, 23, 24, 96 Damage- Assessment of 44,46,47 Certificate of 48 Days allowed for regietxatib& 88 Copyl INDEX. 59 % Paob DeMaied miner's interest,. 30, 40 Decision — Appeal from 48,49 To Assizes 48 To Supreme Court. . . .48, 49 Depovit on application for mining lease.' 35 Discovery claims, what 14 Disputes— Gold Commissioner de- cidesall 46,47,48 Dissolution— Of mining board 63, 54 District, mining 45' Ditch— What 65 Making roads 0Ter....44, 45 Ditch head, what 66 Ditch and Water Privileges— Whatare 15 Application for 25 Notices to be given 26 . Therentfor 26 As to culverts for waste water 26, 27 How ditches made and maintained 27 Notice to private claim holders 27 Owners may sell water, 27, 28 « Bound to supply alike.. 28 How to measure water. • 28 Full amount of water must be taken.... 29 ( Rights of parties using water below 29 Power to bridge over stream or clnim 29 Gold Commissioner's power to enlarge ditch.. 29 Gold Com'ra' power to modify grant 30 Documents-^ Compelling production of 47 Drains, mining— Whatare 15 Notices before applica- tion 30 Application for grant. . . 30 f Pagi. Drains, Mining— The grant 30 RiKht of entry 81 TakinffoftoU 31 Covenants in grants of. . 31 As to term of completion 31 The construction and maintenance of... •••... 31 As to tap drains 31, 82 Entry to construct tap drains 31,32 Compensa'.ion for dam- 82« 32 (irown riichtq and public rights reserved.... 32 Disobedience of order of Gold Commissioner 32 Amount of fine 32 Abandonment of 44 Dry Diagings — What 55 Electi«tn — Of mining board 50,51 Electors- Votes of., 51 Entry, powers— Of bed-ruck flume com- panies 23, 24 For constructing diiches 27 For mining drains 31 For constructing roads.. 44,45 Estate and Interest in Claims Equivelent to a lease for a year 9, 19 The rights appurtenant to 19,20,21 Deceased miner's 20, 40 Sale and transfer of. .30, 21 Remarks on 21 Evidence — «5opy of record 40, 41 Production of documents 47 Compelling; attendance of witnesses 48. 47 Extension of Leave of Ab- sence— Certificote of 40 Fees in 4o .«o INDEX. / Faob. F«ef— On regislrttioo of tale or •mortf(«ge 40 Reoiarkt on 41 -On firee miner's certifi< Mte 9 On certifloate of absence, 40 Other oertiacttM 40 On MArohing record. . .40, 41 Feme corert— Aa to disability of 8, 9 Finis— For violating by-law s . . . 48 How recovered 48 Flames- Personal propertv 25 Abandonment or, by pri- vate individttais 33 Abandonment of, by cum- pany 86 Foreman— Howeleoted. 86 Powers to sue.. 36 Forfeiture- Absolute 43 Remarks on 44 Free Miner-* Who may become .8, 66 MuBtbeorerl6 8 As to married women ... .8, 9 Interest in claim.. .19. 20, 21 Bis rights 10,19,20.21 ]Right to space for deads 19,20 I- Jligbt to water 20 Deceased, as to his inter- est 20 Bights in districts 46 Free Miner's Certificate— Bow obtained 9 Fee for same..... 9 Necessity for 10 Astoformof 10 Iduit be countersigned. . 10 The right to confer 10 Portion recorded . 10 How replaced if lost or destroyed... 11 Parties destroying, how pmnisked «.... U Paoi. Free Miner's Certificate- Must be produced when* 89 Bxpeneet— Of surveyor, how paid. . . 47 General Election— Of Mining Board 60,61 Gold Coramissioner— Who 64 His appointment 46 la a Justice of the Peace 46 Has jurisdiction. 46, 47. 48, 49 Over mining disputes .46, 47 Over bedrock flume co.'s 47 Over persons offending against by-laws 47. 48 Registration by . . .38, 39, 40, 41, 47 Assessment of damages, 47 Is judge of law and fact. 47 Power as to attendance ofwitnesses • 47 Do. as to production of documents 47 Power of to employ svr- veyor 47 Power of to p'*ying his expenses 47 Power of to recovery of penalties ............... 48 Power when portion of ditch only within his dis- trict 47. 48 Appeal from decision of .48,49 On offinices againvt by- laws 48 In civil cases 48, 49 Cause sent down from Supreme Court Grants by, of bed rock flume 21,22,47 Of ditch and water privi- leges 26, 47 Of mining drains, 30,81,32,47 Bas power to enlarge ditches 29 Has power to modify grants of water 30 Governor — Who 54 Leases by,,,,,, 33 S INDEX. 61 GrMit— Bed Paob rock flumeR, 14. 16. 21. 22, 23. 24, 25 Bo« made 22,47 Of ditch and v»ater privi- Tile^e* 16,20 How applied for 26 Of mining drains lH, 30 How made 8u, 47 Covenants in 31,32 BeservatioQ of crown rights 32 Of leahes of largpr pro- portion than claims ...16, 33 Application for 33, 34 H5 Deposit on application.. 35 Liibility— Of copartners. .36, 37, 46, 47 Lost certificate- How replaced.... 11 Majority Of copartners 36 Of mininf board 52, 63 Marking out Ground — How 16, 17,18,33,47 Married Wom< n— As to claims held by. . . .8, 9 Mine, what 64 Miner (see *' Free Miner/' * Registered Free Miner') Mining Board- Petition for 50 Kumber of members of 50, 51 The votes of electors .... 51 Meetings of 61 Wbo eligible to be mem- bers of 51 Three members retire annually 51 Vacancies, how filled. .51, 52 General election, when held 62 The powers of 52, 53 To make by-laws 62 To alter and repeal by- laws 62 To resrulate sice of claims and sluices 62 W« rking of claims 62 AUiMierminuig matters 62 11 iSee claims.) )escription of As to bed rock flumes, 14, 21, 92. 23. 24 Ditch and water privi- leges.... 16. 26, 27, 28, 29. 80 Mining drains.. 16. 30. 81, 82 Mining leases 16, 16,33 34,35 Mining Districts— Their creati n • Open to all free miners. • Mining Drains— What As to giant Notices before applica- tion • Requisites of applica- tion. Rights of entrv Rights of taking toll... Covenants on grant Time of completion Construction and main- tenance of 81 As to tap drains 32 Entry to construct tap drains 31,32 Compensation for dam- age 32 Crown rights reserved. . 82 Disobedience of order. . . 32 Amnui.toffine 32 A bandonment of 38, 44 Mortgage— Of claims 20 Of bed rock flumes 35 Fee on registration.... 40, 41 Notices— In laying out claims. ..ITi 18 By bedrock flum«oo.'s.21| 22 45 46 15 80 80 80 31 81 81 81 INDEX. 63 Faob. Notic«i— On application for diteh or water privilege 26 Application for mining draina 30 On application for min- ing leatea 33 Number— Of claims not reguiBitc* 16 Of Mining Boara oO, 61 Objections— Of mining leases 35 Payment— Of assessments G, 7 or fines 48 Pegs— (See Stakes) In lavinK out hill or tun- nel claims 17 Rtrmarks on removal of, 16 Powers- Of bedrock flume CO. 's.. 23. 24. 2d To enter creeks. . . .23, 24, 25 To enter ground taken up above 20 For constructing ditches 26 For mak'g mining drains 31 Of entrj 31 Of taking tolls 31 To c'lnstruct top drains, 31,32 Of a majority of mining board Of a majority of copart- ners 36 Oi constructing roads .44, 45 Of gold commissioner. 46, 47. 48, 49 To compel production of documents 47 To compel attendance of witnesses 47 To employ surveyor .... 47 To recover penalties. . . . 48 Of mining board.. 50, 61 52, 63.54 To make bylaws •.•••*. 52 So alter and repeal • « * * i 62 >t|ttUtt lil« of olRimii $2 Paob* Powers— lio. working 62 Do. all other mining mat- ' ters 52 Pre-emption (see •• Laying Out." "Registration." Priority— Of registration and title* 41 Private Ciaimholrs— ^ Rights of, to flume. 15, 22, 23 To join their flumes to company 22 lo abandon their flumes, 23 43 Privileges (see "Ditch and Water.] Production of free miner's ceriiflcate 30 Of documents 47 Public RiKhts— All claims are subject to 12, 32 In mining leases 34 Quartz Claim — What 13 How laid out 18 WWhat boundary to be left 18 Quartz— As to lease of land 34 Ravines, what** 56 Recovery — Of fines and penalties. . . 48 Of assessments 36. 37 Rcniaiks on 6, 7 Restrictions— In mining leases . .33, 24, 36 Of public rights 34 For preventing damage, 34.36 Against using otherwise than mining purposes .. 35 Reeistered Free Miners, who 66 Btgistration— Particulars of 38, 39 Valid for one yi>ar 3S Three days allowed to record* ...**.. 38, 89 As to form of «.....« . .SOi 47 No tranefsr can be en* f^rofdwUhotttMiiMiiii 88 64 INDEV. ^* -^>*^ Page Tkt Comuiiseioner may refute*.*..* ......17i 39, 57 Of claims of bed rock flumes companies < 23 Within 14 days of laying 0Ti>r 39 Bemarks thereon 39 Of transfer of deoeased miner's claim 40 Of sale for payment of assessmerits 40 The fees on, of sale. mortgane 40, 41 liemarks on 41 The fe«>s on Of abstract or other mat* ter 40 The fees on, of claim. . . 40 On search for 40, 41 Copy of, to be evideBee,40,41 Priority of title, by \ rit.r- ityof 41 (tf partnership name. . .36, 41 Rightf— Crown rights reserred. .19, 32 Publie... 12,32,34 Roads and Ways — Construction of 44, 45 Crossing ditches 44 Damage ir. con8tructing,44,4>5 Certificate of damage.... 45 Rules- Remarks on 6 Sale or transfrr— or claims 20, 40 O f deceased miner's claim 30,40 Of flumps 25 Search of records— Feeson.... 40 Sickness— As to 20 Sluices — Regulated by Mining ^oiMrdf. , 52 Faojs. Sluices- Tailings /rem 19, 20, 26 Spurs — Right to follow.... 13, 18, 34 Stakes.- Sizcof IS How fixed 16, 17. 18 How fixed in creek claims 16 How fixed in hill and tunnel claims 17 How fixed in bar dig- gings 18 Hmw fixed in bench dig- gings 19 Must not be moved or concealed or injured.... 16 Supreme ( curt- Appeal to 48,49 ( ause sent down to be tried from 49 SurTeyoi — Eroploymtnt of 47 How paid 47 Tap Drains- Right of entry to make 31, 82 ^ Right of private owner to make 31,32 Title- Priority bv registration.. 41 Tunnel (see Uill.) 'Vacancies- In mining board.... 50,51 Water, in Ditch- Miner's right to 20 Bed ruck flume co.'s rights of 25 Reservation of rights of 32 Ways and, righti of. .1*^ 32, 34. 44, 45 Ways (see Roads, Water.) Working- Bona Fide, Iff hat 42 Winding up— Of partnership 37, 46, 47 u ADVERTISEMENTS. Ixv HIBBEN & CARSWELL, IMPORTING BOOKSELLERS I STATIONERS. Constantly supplied and receiving from best sources School Standard & miscellaneous BOOKS, Staple and Fancy Stationery in all its branches, AIUSIC AND MUSIC BOOKS, &c., Ac. &c. Comer ITates dL Lanerley Sts, Victoria, V. I. GEORdKB BiuUnBTT, ~^ — AND — STOCIL AlfD SBATEJS BROSB&, GOVERNMENT STREET, VICTORIA, V. I. D. LINDSAV" 'VOV -V7HOLE8ALE AND ABTAIL DSALSK IN FORT 8TRBET. VICTORIA. fxvi ADVERTISEMENTS. BOOT aM SHOE STOIiK, GoTernment Street^ opposite the Theatre. Constantly on hand a Large Asaortmeut of Boots and Shoes. J N. B.— Custom-made Boots in every variety. niuuaAOB 4k stjcwasltT YATES STREET, VICTORIA. Manufacture and keep on hand Hydraulic Nozzles and Branch Pipes, U J. ^. McCHEA., AUCT10NER&C0MM{S.^f OH MERCHANT WHARF STREET, VICTORIA, V. I. ... Cash advances made on Merchandise consigned for Sale. : ^ ("V BERRIN BARNETT, fORT STRtJET, VICTORIA, Importer of ZSnglish Morchandise. -j''t HOTEL DE FRANCE, VTCTC)ni A, V. T. .DVKRTISBMENTS. Ixix THOS. PATTRIGK & C©., WHOLlvSALB AND RETAIL DEALERS IN ♦ ♦ * ,_^ Comer Boveram enit aid Johnson Streets. Victoria, V. I EIJJOTT& STUART, B RK WERS, M ^VI^STERH AND ' VZOVORXA, V. X. '' A large stock of Ales in fine condition always on liand. Orders either for export or home consumption fulfilled en the shortest notice. When you waiitiiGood^^i3»of Me N.B.— Orders from British Columbia, Oregon, Puget Sound and California promptly executed. LA.UMEI8TER & GOWEN, Proprietors. O* Cousamers can always be supplied with Beer, in the best uonditiou, on draught or in Stone Jugs, on the shortest notice. Discovery Street, Viotoria, V, Z. 1t< Izx ADVERTISEMENTn. MR. JOHN COPLAND, ,. — AND— i.\ SOLIOITOH, . UNfllEY STREE T. • • • • VICTO RI A, V. 1. H. oTtxedsmanit, CIVIL ENGINEER AND ARCHITECT, Having left the Land Office, is now prepared to make Surveys in Town and Country. Also Plans, of Buildings, &c.. on the shortest notice. inrOffice next door to Nagle's Shipping Office, Bastion street. JOHN S. BISHOP^ TuOAJS'B N JH^aOCI ATED. VICTORIA, V. X. OOTEBNiflKNT HTtlEET, TICTORIA, T. I. Town Lota and Farming Lands Bought, Sold and Leased. Partic- ular attention given to the purchase and sale of Mining and all ki^s of Stocks and Shares. y- -'*K