ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: Short Title. 1. This Act may be cited as the "Placer Mining Act, 1891." Interpretation. Short title. 2. In the construction of this Act the following expressions shall Interpretation. have the following meanings respectively, unless inconsistent with the context: "Mine," "placer mine," and "diggings" shall be synonymous terms, "Mine," and shall mean any natural stratum or bed of earth, gravel or mine," cement mined for gold or other precious minerals: 66 "Placer claim" shall mean the personal right of property or interest "Placer claim," into creek diggings, bar diggings, dry diggings, bench diggings, "Creek diggings" shall mean any mine in the bed of any river, "Creek diggings." stream, or ravine, excepting bar diggings: 66 "Bar diggings." 'Bar diggings" shall mean any mine over which a river extends when in its flooded state: "Dry diggings. extends: "Dry diggings" shall mean any mine over which a river never ... “Bench diggings.” Bench diggings" shall mean any mine on a bench, and shall, for the purpose of defining the size of a claim in bench diggings, be excepted from "dry diggings": "Hill diggings" shall mean any mine on the surface of a hill, and fronting on any natural stream or ravine: Streams and ravines" shall include all natural water-courses, whether usually containing water or not, and all rivers, creeks, and gulches: “Ditch" shall include a flume, pipe, race, or other artificial means for conducting water by its own weight, to be used for mining purposes: "Ditch head" shall mean the point in a natural water-course or lake where water is first taken into a ditch: Free miner" shall mean a person, or joint stock company, or foreign company named in, and lawfully possessed of, a valid existing free miner's certificate, and no other: "Legal post" shall mean a stake standing not less than four feet above the ground, and squared or faced on four sides for at least one foot from the top, and each side so squared or faced shall measure at least four inches on its face so far as squared or faced, or any stump or tree cut off and squared or faced to the above height and size : "Record," "register," and "registration," shall have the same meaning, and shall mean an entry in some official book kept for that purpose: Record," when used without qualifying words showing that a different matter is referred to, shall be taken to refer to the record of the location of a placer claim: "Full interest" shall mean any placer claim of the full size, or one of several shares into which a mine may be equally divided: Close season "shall mean the period of the year during which placer claims in any district are laid over by the Gold Commissioner of that district: Cause" shall include any suit or action: "Judgment" shall include "order" or "decree": "Real estate" shall mean any placer mineral land held in fee simple: "Joint Stock Company" shall mean any company duly incorporated for mining purposes under the "Companies Act," "Companies Act, 1890," and any company duly incorporated in British Columbia for mining purposes under the "Companies Act, 1862" (Imperial), and shall include all companies falling under the definition of a foreign company in the "Companies Act." PART I. Free Miners, and their Privileges. cate. 3. Every person over, but not under, eighteen years of age, and Free miner's certifi every joint stock company, shall be entitled to all the rights and privileges of a free miner, and shall be considered a free miner, upon taking out a free miner's certificate. A minor who shall become a free miner shall, as regards his mining property and liabilities contracted in connection therewith, be treated as of full age. A free miner's certificate issued to a joint stock company shall be issued in its corporate name. A free miner's certificate shall not be transferable. cate. 4. A free miner's certificate may be granted for one or more years, Duration of certifi to run from the date thereof, or from the expiration of the applicant's then existing certificate, upon the payment therefor of the fees set out Fees. in the Schedule of Fees to this Act. Only one person or one joint stock company shall be named therein. 5. A free miner's certificate shall be in the following form : 6 If any person or joint stock company shall apply for a free miner's Mode of renewal of certificate at the Mining Recorder's office during his absence, and shall certificate. leave the fee required by this Act with the officer or other person in charge of the said office, he or it shall be entitled to have such certificate from the date of such application; and any free miner shall at any time be entitled to obtain a free miner's certificate commencing to run from the expiration of his then existing free miner's certificate, provided that when he applies for such certificate he shall produce to the Mining Recorder, or in case of his absence shall leave with the officer or other person in charge of the Mining Recorder's office, such existing certificate. 7. If any free miner's certificate be accidentally destroyed or lost, the Substituted certifiowner thereof may, on payment of the fees set out in the Schedule to cate. this Act, have a true copy of it, signed by the Mining Recorder, or other Penalty for mining without certificate. Proviso. Unless a person holds certificate he shall have no right to mining property. Proviso. Right of certificateholder to prospect. Free miner to give person by whom or out of whose office the original was issued. Every such copy shall be marked "substituted certificate;" and unless some material irregularity be shown in respect thereof, every original or substituted free miner's certificate shall be evidence of all matters therein contained. 8. Every person and joint stock company engaged in placer mining shall take out a free miner's certificate, and any person or joint stock company who mines or works as a miner in any placer claim, or on any bed-rock flume, drain or ditch, without having taken out and obtained such certificate, shall, on conviction thereof in a summary way, forfeit and pay a penalty not exceeding twenty-five dollars, besides costs: Provided, always, that nothing herein contained shall prejudice the right to collect wages or payment for work done by any person or company who, through not being a free miner, has rendered himself or itself liable to the above penalty. 9. No person or joint stock company shall be recognized as having any right or interest in or to any placer claim, mining lease, bed-rock flume grant, or any minerals in any ground comprised therein, or in or to any water right, mining ditch, drain, tunnel, or flume, unless he or it shall have a free miner's certificate unexpired. And on the expiration of a free miner's certificate the owner thereof shall absolutely forfeit all his rights and interests in or to any placer claim, mining lease, bed-rock flume grant, and any minerals in any ground comprised therein, and in or to any and every water right, mining ditch, drain, tunnel, or flume, which may be held or claimed by such owner of such expired free miner's certificate, unless such owner shall, on or before the day following the expiration of such certificate, obtain a new free miner's certificate: Provided, nevertheless, that a shareholder in a joint stock company need not be a free miner, and though not a free miner, shall be entitled to buy, sell, hold, or dispose of shares therein: And provided, also, that this section shall not apply to placer mines for which a Crown grant has been issued. any 10. Every free miner shall, during the continuance of his certificate, but not longer, have the right to enter, locate, prospect, and mine for gold and other precious metals upon any lands in the Province of British Columbia, whether vested in the Crown or otherwise; except upon Government reservations for townsites, land occupied by any building, and any land falling within the curtilage of any dwelling house, and any orchard, and any land lawfully occupied for placer mining purposes, and also Indian reservations. 11. Previous to any entry being made upon lands already lawfully security for damage occupied, such free miner shall give adequate security, to the satisfaction of the Gold Commissioner, for any loss or damage which may be caused by entry on land. caused by such entry; and after such entry he shall make full compensation to the occupant or owner of such lands for any loss or damage which may be caused by reason of su h entry; such compensation, in case of dispute, to be determined by a Court having jurisdiction in mining disputes, with or without a jury. 12. Any free miner may enter upon any Crown lands, or lands Right to cut timber for mining purposes. covered by timber leases, or any lands the timber whereon has been reserved by the Crown, to cut timber for mining purposes. 13. Any free miner shall be at liberty at any period of the year, Right to kill game. while actually prospecting or engaged in mining, to kill game for his own use. 14. A free miner shall have all the rights and privileges granted to "Mineral Act, 1891.” free miners by the "Mineral Act, 1891." PART II. SIZE AND NATURE OF PLACER CLAIMS. Locating, Recording, Re-recording, Working, and Lay-overs. 15. Every free miner shall be entitled to locate and record a placer What claims free claim on each separate creek, ravine, or hill, but not more than two and purchase. miner may record claims in the same locality, only one of which shall be a creek claim. He shall be allowed to hold any number of placer claims by purchase, and every free miner may sell, mortgage, or dispose of his claim or any interest therein. 16. The size of placer claims shall be as follows: A "creek claim" shall be 100 feet long, measured in the direction of the general course of the stream, and shall extend in width from base to base of the hill or bench on each side, but when the hills or benches are less than 100 feet apart the claim shall be 100 feet square: In "bar diggings" a claim shall be a strip of land 100 feet long at In "dry diggings" a claim shall be 100 feet square: In "hill diggings" a claim shall have a base line or frontage of 100 Size of placer claims. |