any land necessary for the development and working of his mining property, or for the loading, carriage, transportation, or shipment of ores, minerals, or mineral-bearing substances from his mining property, or for getting in machinery or supplies may take and use land for such right-of-way without the consent of the owner of the land or of any person having or claiming any estate, right, title, or interest in, to, or out of the land, subject always to the provisions of this Act. With the consent of the Minister of Lands, Crown lands may be taken and used under this Part.

Approval of
Minister of
Railways.

4. The right of taking or using land for a right-of-way under this Act shall not be exercised unless the owner or holder of the mining property first files with the Minister of Railways a plan showing the land proposed to be taken or used, with such particulars and information as the said Minister may require, and obtains the approval of the plan by the said Minister in writing.

Notice to owner of land to be taken.

5. Before entering upon any land under this Act, the owner or holder of the mining property shall serve upon the registered owner of the land, or, in the case of Crown land, upon the occupier thereof, a notice which shall contain:(a.) A description of the land to be taken in fee-simple, or of

the powers intended to be exercised with regard to any

land therein described; and (6.) A declaration of readiness to pay a certain sum or rent,

as the case may be, as compensation therefor.

Application of ss. 42 6. Upon obtaining the approval of the Minister of Railways under tai ani . 73 of section 4, and, in the case of Crown land, upon obtaining the conRailway '

sent of the Minister of Lands under section 3, and upon serving the notice required by section 5, sections 42 to 46 and 53 to 73 of the “Railway Act” shall, mutatis mutandis, apply in respect of the taking of the land described in the notice.

Limit as to land taken.

7. The land which may be taken under this Act without the consent of the owner or occupier for a right-of-way shall not exceed forty feet in breadth, except in places where the grade-level of the right-of-way is proposed to be more than five feet above or below the surface of the adjacent land, when such additional width may be taken as will suffice to accommodate the slope and side-ditches, and except that additional width may be taken in places where additional land is necessary for the purpose of sidings, bunkers, and other structures incidental to the loading, carriage, transportation, and shipment of the product of the mining property.

Rights under easement.

8. Unless the notice served under section 5 states that the land is to be taken in fee-simple, the right-of-way acquired under this Act shall be an easement only, and the owner of the mining property for which it is acquired shall be entitled, at any time during the continuance of the easement or at its termination, to remove any fixtures brought upon the land by him.

9. The “Mineral Right-of-way Act,” being chapter 170 of the Repeal. " Revised Statutes of British Columbia, 1924,” is repealed.

VICTORIA, B.C. :
Printed by CHARLES F. BANFIELD, Printer to the King's Most Excellent Majesty.

1925.

13

An Act to amend the “Coal-mines Regulation Act.”

R.S.B.C. 1924, c. 171.

[Assented to 19th December, 1925.] IS MAJESTY, by and with the advice and consent of the

Legislative Assembly of the Province of British Columbia, enacts as follows:

H ,

1. This Act may be cited as the “ Coal-mines Regulation Act Short title. Amendment Act, 1925."

2. Section 13 of the “ Coal-mines Regulation Act," being chapter Amends s. 13.
171 of the “ Revised Statutes of British Columbia, 1924,” is amended
by adding at the end of subsection (1): “Where the persons afore-
said determine to appoint a checkweigher the following procedure
shall be adopted for the nomination of candidates and election of
checkweigher:
“(a.) Any person employed in the mine and paid according to

the weight of coal gotten shall have the privilege of
nominating a candidate, and all names of candidates so

nominated shall be placed on the ballot-paper:
“(6.) Election shall be by secret ballot at the pit-head or place

to be agreed upon by the majority of the persons employed
in the mine who are paid by the weight of coal gotten by

them :
"(c.) In the election, where one checkweigher is required the

candidate receiving the highest number of votes shall be
elected, and where two checkweighers are required the
two receiving the highest number of votes shall be elected.
In the event of a substitute being required by absence of
the checkweigher through sickness or any cause, the
defeated candidate receiving the highest number of votes
shall automatically become acting-checkweigher. In the
event of the defeated candidate receiving the highest num-

ber of votes not being able to act as checkweigher, the defeated candidates will automatically become acting. checkweighers in turn according to the number of votes

received: “(d.) Any person who interferes with the nomination of candi.

dates or obstructs the election of a checkweigher shall be guilty of an offence against this Act, and shall be liable to a penalty of a fine of five hundred dollars or one month imprisonment, or both."

VICTORIA, B.C.:
Printed by CHARLES F. BANFIELD, Printer to tbe King's Most Excellent Majesty.

1925.