HIS

CHAPTER 31.

[19th February, 1909.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia. enacts as follows:

R. S. 1897, c. 127.

1. This Act may be cited as the "Magistrates' Act Amendment short title. Act, 1909."

2. Section 8 of chapter 127 of the Revised Statutes, 1897, being Amends s. 8. Judges of County the "Magistrates' Act," is hereby amended by inserting the words Court to be Justices "and any of the County Courts," after the words "Supreme Court," officio. in the second line of said section.

of the Peace ex

Quarterly returns

3. Section 20 of chapter 127 is hereby amended by inserting after Amends s. 20. the words "Provincial Secretary," in the fourth line thereof, the to be sent by Magis. words "and Attorney-General."

trates to Provincial Secretary and Attorney-General.

VICTORIA, B. C.

Printed by RICHARD WOLFENDEN, I.S.O., V.D., Printer to the King's Most Excellent Majesty.

1909.

H

CHAPTER 32.

[12th March, 1909.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

R. S., 1897, c. 135.

1. This Act may be cited as the "Mineral Act Amendment Act, Short title. 1909."

2. Section 8 of chapter 135 of the Revised Statutes, 1897, being Re-enacts s. 8. the "Mineral Act," as enacted by section 3 of chapter 21 of the Statutes of 1900, is hereby repealed, and the following section is substituted therefor:

without Free

"8. Every person who mines for any mineral for his own sole use Penalty for mining and benefit in any waste land of the Crown in the Province of British Miner's Certificate. Columbia, without having obtained and being the holder of an unexpired free miner's certificate, shall, on conviction thereof in a summary way, forfeit and pay a penalty not exceeding twenty-five dollars, besides costs."

3. Section 9 of the "Mineral Act," as amended by section 5 of Re-enacts s. 9. chapter 45 of the Statutes of 1899," is hereby repealed and the following section is substituted therefor:

person not entitled ing property.

"9. Subject to the proviso hereinafter stated, no person or joint Non-certificated stock company shall be recognised as having any right or interest in to interest in minor 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, neverkeep up his licence theless, should any co-owner fail to keep up his free miner's certifi

Interest of a coowner failing to

shall vest in the

other co-owners

Evidence that coowner's certificate has lapsed.

Shareholder need
not be a free miner.

Re-enacts s. 36.

Certificate of improvements.

Work to be done, etc., before certificate of improvements granted.

Found a vein.

Survey requirements for certificate of improvements.

cate such failure shall not cause a forfeiture or act as an abandonment of the claim, but the interest of the co-owner who shall fail to keep up his free miner's certificate, shall, ipso facto, be and become vested in his co-owners, pro rata, according to their former interests. "The filing in the office of the Mining Recorder of a certificate from the Department of Mines that the free miner's certificate of such co-owner has lapsed, shall be sufficient evidence of such lapse to vest the title in the continuing co-owners on the record in the office of such Mining Recorder.

"And provided also that a shareholder in a joint stock company, as such, 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 Crown grant has been issued."

4. Section 36 of the "Mineral Act" and its amendments are hereby repealed, and the following section is substituted therefor:

"36. Whenever the lawful holder of a mineral claim shall have complied with the following requirements, to the satisfaction of the Gold Commissioner, he shall be entitled to receive from the Gold Commissioner a certificate of improvements in respect of such claim, unless proceedings by the person claiming an adverse right under section 37 of this Act have been taken :

"(a.) Done, or cause to be done, work on the claim itself in
developing a mine, and paid money, together amounting to
the value of five hundred dollars, exclusive of all houses,
buildings, and other like improvements. For the purpose
of this section, work done on the claim by a predecessor or
predecessors in title shall be deemed to have been done by
the applicant who receives a transfer of such claim:
"(b.) Found a vein or lode within the limits of such claim:
"(c.) Had the claim surveyed by an authorised British Columbia

Land Surveyor, who shall have made three plats of the
claim, and who shall have accurately defined and marked
the boundaries of such claim upon the ground, and indi-
cated the corners by placing monuments or legal posts at
the angles thereof, and upon such monuments or posts shall
be inscribed by him the name and the official designation of
the claim, and the corner represented thereby, and who
shall have, on completion of survey, forwarded at once the