officers of mining divi 3. The Governor may appoint such Officer or Officers as Appointment he shall deem necessary for the purposes of this Act, who and powers of shall respectively be under the direction of the Commissioner of Crown Lands, and by Order in Council may prescribe sions. their duties and fix their titles and salaries; and they shall be ex officio Justices of the Peace of the District or Districts which a Gold Mining Division may comprehend or include, in whole or in part, or in which, or in any portion of which, a Gold Mining Division may lie; and it shall not be necessary that any such Officer shall possess any property qualification whatever in order to enable him lawfully to act as such Justice of the Peace; and every such Officer shall have jurisdiction as a Justice of the Peace over all the territory comprised within the Division for which he may be appointed, with power to settle summarily all disputes as to extent or boundary of claims, use of water, access thereto, damage by licensees to others, forfeiture of licenses, and generally to settle all difficulties, matters or questions, which may arise under this Act, or offences against any of the provisions of this Act, or the regulations to be made under it; and the decision of any such Decision final. Officer, in all cases under this Act, shall be final, except when otherwise provided by this Act or when another tribunal is appointed under the authority of this Act; and no case under No Certiorari. this Act shall be removed into any Court by Writ of Certiorari. such division 4. From and after the publication of any such Order in No person to Council as aforesaid in the Canada Gazette, it shall not be mine in any lawful for any person to mine for Gold either for himself or without a any other person within the Division therein defined, and license. thereby constituted a Gold Mining Division, except under a "Crown Lands Gold License," or a "Private Lands Gold License," as provided by this Act. license. 5. Any person found mining within any Gold Mining Penalty for Division, without a license as aforesaid or upon private lands mining thereagainst the will of the proprietor thereof or without such in without a license, shall, upon conviction before the Officer for the Division, forfeit and pay a sum not exceeding five dollars and costs; and in default of payment of such fine and costs he may be imprisoned for any period not exceeding one month; Provided always, that no license fee shall be exacted for Proviso. exploring for gold until the precious metal be discovered. mand. 6. Every licensee will be held and required to produce and License to be exhibit bis license to the Officer for the Division, and to prove, exhibited to to the satisfaction of the Officer, that such License is in force officer, on dewhenever required to do so by him; and the Officer for any Officer may Gold Mining Division shall have the right to enter upon private enter on prilands, within such Division, for the purposes of this Act. vate lands. 7. For the purposes of this Act there shall be two descrip- Licenses to be tions of license, neither of which shall be transferable; one to of two descriptions. be Owners may take licenses for miners. Crown Lands Fee. Private Lands Fee. Rights of Gold Licen be called the "Crown Lands Gold License" and the other the "Private Lands Gold License;" each of such licenses shall contain the name of the licensee; but it shall be lawful for any proprietor of a lot of land to take out a license for each miner working upon his land, in the name of such miner, which license shall be good for the period therein mentioned, for the purpose of authorizing such miner to mine as aforesaid, 8. A "Crown Lands Gold License" shall authorize the person therein named to mine, during one month or more from the date therein named on any unsold Crown Lands within the Gold Mining Division mentioned in such license; and for every such license a fee of two dollars per month shall be paid. 9. A" Private Lands Gold License" shall authorize the person therein named to mine during one month or more from the date therein named on private lands, within the Gold Mining Division mentioned in such license, but only by and with the consent of the proprietor of such lands, by such licensee first had and obtained, and to the limit or extent agreed upon between such licensee and proprietor; and for every such license a fee of one dollar per month shall be paid. 10. Each Crown Lands Gold Licensee shall have the right Crown Lands to stake out one claim on unoccupied Crown Lands within the Division (by planting a wooden picket at each of the four corners thereof,) and to work the same. Bees. Dimensions of claims. rivers. 11. Each claim shall be of one of the following dimensions, viz : FOR ALLUVIAL MINES. If on any river or large creek, twenty feet front by fifty feet to the rear, to be measured from the water's edge. If on a small creek or minor stream, forty feet front by fifty feet to the rear, to be measured from the centre of the stream. If in a gully, sixty feet along said gully and to extend from hill to hill. If on a surface or hill side digging, sixty feet square. Except where a Company intend to hill-tunnel, then, upon application, the Officer for the Division may grant such larger claim as he may think fit. As to beds of And for working a bed of river the Officer shall determine as circumstances may require the size and position of claims; and all side lines shall be drawn as nearly as possible at right angles to the general course of the stream, for half a mile on each side of the claim where such side lines touch the stream. FOR FOR QUARTZ MINES. For any one person one hundred feet along a lead, by one hundred feet on each side thereof, measuring from the centre of the lead. Companies of two or more persons may stake out and work additional feet along a lead by the above width in the proportion of twenty-five additional feet in length for every additional miner, not to exceed five hundred feet in length altogether, and work the claim jointly. 12. The Officer for the Division shall decide as to each claim Claims to be under which of the heads in the next preceding section it shall classed by be classed; and his decision shall be final. Officer. claims. 13. Claims shall be laid out as far as possible uniformly Rules as to and in quadrilateral and rectangular shapes; measurements of laying out all claims shall be horizontal; and the ground included in every claim shall be deemed to be bounded under the surface by lines vertical to the horizon. 14. Licensees having so staked out their claims on Crown Licensees to Lands shall not have the right to a continued occupation of work claims such claims unless they work the same continuously, and continuously. without intermission for a longer period than one week, nor unless they comply with the requirements of this Act, and the regulations to be made under it, and regularly renew their Licenses. 15. No person shall occupy at the same time more than one No person to claim on Crown Lands, except in the cases hereinafter provided occupy more for of registration of claims rendered temporarily unworkable. than one claim at one time: exception. Right of 16. The discoverer of any new mine shall be entitled to a license free of fees for twelve months, for one claim of the discoverer of a largest area prescribed by this Act or by any regulation which new mine. may be issued under it and in force when such discovery may be made; Provided that such discovery shall have been imme- Proviso: he diately reported in writing to the officer of the Division; and must report it. any one not immediately reporting such a discovery shall not be allowed to mine on any Crown Lands for one year. 17. No person shall be considered the discoverer of a new What shall be quartz mine, unless the place of the alleged discovery shall be deemed a disdistant, if on a known lead, at least three miles from the covery. nearest known mine on the same lead, and if not on a known lead at least one mile at right angles from the course of the lead; if in alluvial workings, at least two miles distant from any previously discovered mine. 18. A party wail of at least three feet thick shall be left Party walls to between each holding on Crown Lands, which said party wall be left shall 6 between shall be used in common by all parties as a mode of access to claims, and the stream, where one exists; and such party wall shall not kept clear. be obstructed by any person or persons throwing soil, stones or Penalty for other material thereon; and every person or persons so obstructcontravention. ing such party wall, shall, upon conviction before the Officer for the Division, be liable to a fine of not more than five dollars, and costs; and in default of payment of such fine and costs he may be imprisoned for any period not more than one month. Party re struct a new to water. 19. If at any time it shall be found necessary or expedient moving party to remove a party wall as aforesaid, the party so removing it wall to con- shall, if required so to do, construct a new mode of access to mode of access the water in no wise more difficult as an approach than the one destroyed by the removal of the party wall, under a like penalty as provided in the next preceding section; and in case of a moval of wall. removal of a party wall the gold found therein shall belong to the owners of the adjoining claims, each of whom shall own the half next to his claim. In case of re Crown Lands Licensees not other claims. to damage Penalty. General use of waters. Provision for 20. No person mining upon any Crown Lands shall cause any damage or injury to the holder of any other claim than his own, by throwing earth, clay, stones or other material upon such other claim, or by causing or allowing any water which may be pumped or bailed or may flow from his own claim to flow into or upon such other claim, under a penal y of not more than five dollars, and costs; and in default of payment of such fine and costs, he may be imprisoned for any period not more than one month. 21. Claims on Crown Lands fronting on streams shall be subject to the general use of the waters of such streams, in a manner to be regulated by the Officer for the Division. 22. Any person occupying a claim on Crown lands which registration of in consequence of excess of water or other unavoidable reasons claim rendered cannot then be worked, may, upon payment of one dollar, unworkable for a time. register his right to such claim in the Office of the Officer for the Division, in a book to be kept for that purpose, and may then proceed to work elsewhere; but in case such person do not return and occupy the claim so registered within one week after the surrounding claim or claims have been shewn to be Proviso: claim workable, he shall forfeit all right and title to said claim; proto be marked. vided that every person so registering a claim shall be held to plant a wooden picket, in the centre thereof or as near the centre thereof as possible, upon which shall be cut or painted, in legible figures, the registration number of said claim. Penalty for removing picket. 23. Any person found removing or disturbing with intent to remove, any stake or picket placed under the provisions of this Act shall forfeit and pay a surn not exceeding ten dollars and costs, and in default of payment of such fine and costs, may be imprisoned for any period not exceeding one month. 24. Every person holding a gold mining license shall upon All Licensees renewing the same and to entitle himself to a renewal, make to make cera full and true statement, upon the expiring license or other- ments wise, to the proper Officer, upon oath, of the labor performed monthly. and gold obtained by him during the term of such license. tain state quartz to be Division with 25. From and after the passing of this Act it shall not be No mill or lawful for any person or persons to use or employ any mill or machinery for crushing machinery (other than mills or machinery worked by hand) within or near any Gold Mining Division for the crushing or used in any reduction of quartz, or the obtaining of the gold there from by Gold Mining crushing, stamping, amalgamating, or otherwise, without a out a License. license therefor first had and obtained from the Officer of the Division, which shall be good for one month or more, and for Fee. which he shall pay a fee of five dollars per month; and every Penalty for person convicted of any contravention of any one of the contravention. provisions of this section shall, for every day on which such contravention shall have occurred or been continued, forfeit and pay a sum not exceeding one hundred dollars, and costs; and in default of payment of such fine and costs he may be imprisoned for any period not more than two months. Licensed mill 26. Every licensed mill owner shall keep a book or books Books to be of account, in which book or books shall be entered a clear kept by and distinct statement of all quartz crushed, amalgamated or owners and reduced at the mill of such licensed mill owner, and the fol- certain statelowing particulars in respect of the same: ments and particulars to be entered First.-The name of the owner or owners of each distinct therein. parcel or lot of quartz crushed; Second. The weight of each such parcel or lot; Third. The date of the crushing of the same; Fourth.-The actual yield in weight of gold from each such parcel or lot; Fifth. The number or numbers of the license or licenses of the licensee or licensees by whom said claim was worked. And every such Mill owner shall furnish monthly, to the Mill owner to Officer for the Division, a return on oath, compiled from such book make a return or books and containing statements and particulars as aforesaid, shewing cermonthly for each and every day during the month then last past, tain particutogether with such other information as such Officer or the lars. Governor in Council may require; and for every day on which any such Licensed Mill Owner omits to enter any such statement, or any particular or particulars as aforesaid, or delays to furnish such return when due, he shall forfeit and pay a sum default. of not more than twenty dollars, and costs; and in default of Penalty for payment of such fine and costs he may be imprisoned for any period not more than one month. |