An Act relating to Gold and other Minerals excepting Coal. HE [20th April, 1891.] 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 "Mineral 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" shall mean any land in which any vein or lode, or rock in "Mine." place, shall be mined for gold or other minerals, precious or base, except coal: "Rock in place" shall mean all rock in place bearing valuable "Rock in place." deposits of gold, silver, cinnabar, lead, copper, iron, or other minerals usually mined, except coal : "Vein" or "lode: " Whenever either of these terms is used in this "Vein" or "lode." Act, "rock in place" shall be deemed to be included: "Mineral claim" shall mean the personal right of property or "Mineral claim." interest in any mine: "Mining property" shall include every mineral claim, ditch, mill-site, "Mining property." or water right used for mining purposes, and all other things belonging to a mine or used in the working thereof: "Legal post" shall mean a stake standing not less than four feet "Legal post." least one foot from the top, and each side so squared or faced "Mill site." "Streams." "Ditch." "Ditch head." "Free miner." "Record," "regis ter," "registration." Mill-site" shall mean a plot of ground located, as defined by this "Ditch head" shall mean the point in a natural water-course, or lake "Full interest." "Cause." "Real estate. ' "Joint Stock Co." Who may be a free miner. 'Record," "register," and "registration" shall have the same meaning, and shall mean an entry in some official book kept for that purpose: 'Full interest" shall mean any mineral claim of the full size, or one of several shares into which a mineral claim shall be equally divided: "Cause" shall include any suit or action: 'Judgment" shall include "order" or "decree": "Mineral" shall include all minerals, precious or base (other than coal) found in veins, lodes, or rock in place, and whether such minerals are found separately or in combination with each other: "Real estate" shall mean any mineral land held in fee simple under this or any Act relating to Gold Mines, or to minerals other than coal: "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. 3. Every person over, but not under, eighteen years of age, and every joint stock company, shall be entitled to all the rights and privileges of a free miner, and shall be considered a free miner, upon taking out a free miner's certificate. A minor who shall 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 certifito run from the date thereof, or from the expiration of the applicant's then existing certificate, upon the payment therefor of the fees set out in the Schedule of Fees to this Act. Only one person or one joint stock company shall be named therein. 5. A free miner's certificate shall be in the following form: Form of certificate, absence. 6. If any person or joint stock company shall apply for a free miner's Application at Recertificate at the Mining Recorder's office during his absence, and shall corder's office in his 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 at the expiration of his then existing free miner's certificate, provided that when he applies for such certificate he shall produce to the Mining Recorder, or in case of his absence shall leave with the officer or other person in charge of the Mining Recorder's office, such existing certificate. cate." 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 this Act, have a true copy of it, signed by the Mining Recorder, or other 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 mining for Penalty for mining minerals (other than coal) shall take out a free miner's certificate, and without certificate. Uncertificated per son not entitled to property. every person or joint stock company who mines or works as a miner in any mineral claim, mine held as real estate, or tunnel, or on any 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 who, through not being a free miner, has rendered himself liable to the above penalty. 9. No person or joint stock company shall be recognized as having interest in mining any right or interest in or to any mineral claim, or any minerals therein, or in or to any water right, mining ditch, drain, tunnel, or flume, unless he or it shall have a free miner's certificate unexpired. And on the expiration of a free miner's certificate the owner thereof shall absolutely forfeit all his rights and interests in or to any mineral claim, and all and any minerals therein, and in or to any and every water right, mining ditch, drain, tunnel, or flume, which may be held or claimed by such owner of such expired free miner's certificate, unless such owner shall, on or before the day following the expiration of such certificate, obtain a new free miner's certificate: Provided, nevertheless, that a shareholder in a joint stock company need not be a free miner, and though not a free miner, shall be entitled to buy, sell, hold, or dispose of any shares therein: And provided, also, that this section shall not apply to mineral claims for which a certificate of improvement or Crown grant has been issued. Proviso. Where a free miner may prospect and mine. Proviso. 10. Every free miner shall, during the continuance of his certificate, but not longer, have the right to enter, locate, prospect, and mine upon any waste lands of the Crown for all minerals other than coal, and upon all lands the right whereon to so enter upon, prospect, and mine all minerals other than coal shall have been, or hereafter shall be, reserved to the Crown and its licensees, and also to enter, locate, prospect, and mine for gold and silver upon any lands the right whereon to so enter and mine such gold and silver shall have been, or shall be, reserved to the Crown and its licensees. Excepting out of all the above description of lands any land occupied by any building, and any land falling within the curtilage of any dwelling house, and any orchard, and any land for the time being actually under cultivation, and any land lawfully occupied for mining purposes other than placer mining, and also Indian reservations: Provided that in the event of such entry being made upon lands already lawfully occupied for other than mining purposes, such free miner previously to such entry shall give adequate security to the satisfaction of the Gold Commissioner for any loss or damages which may be caused by such entry; and provided, that after such entry he |