of

I, the undersigned, Commissioner of Crown Lands, grant, under article 1417 of the Revised Statutes of the Province of Quebec, to permission to personally procure, for bonâ, fide scientific purposes, birds (or) eggs (or) fur-bearing animals, &c., (as the case may be) without the said being liable to any of the penalties imposed by section eighth of chapter sixth of title fourth of the said Revised Statutes, respecting the game laws, but upon condition that he shall comply with the requirements of the said article 1417.

In witness whereof, I have signed the present license and have had it countersigned by

1421. In the construction and application of this section, Interpretawhich may be cited as the "Mining Law," and of all tion. orders in council or regulations under it, if not inconsistent with the context or subject matter, the following terms have the respective meanings hereby assigned to them, that is to

say:

1. The words "mine" and "mining" mean and designate "Mine" and any mode or method of working whatsoever, whereby the soil "mining." or earth, or any rock or stone may be disturbed, removed, carted, carried, washed, sifted, smelted, refined, crushed, or otherwise dealt with, for the purpose of obtaining gold or silver, whether the same may have been previously worked or not;

2. The words "gold" or "silver" respectively mean and "Gold" and designate gold or silver, as well as any earth, clay, quartz, stone, "silver.” mineral or other substance, containing such metals or having

the same mixed therewith;

3. The words "quartz mines" mean and designate all auri- “Quartz ferous or argentiferous rocks, containing gold or silver;

mines."

4. The words "alluvial mines" mean and designate all soil "Alluvial or strata containing gold;

mines."

5. The words "mines" and "minerals' mean and include: "Mines and all quarries of stone of whatever kind and all stones and rocks, minerals." earth or soil, whether alluvial or not, in which are found gold, silver, copper, phosphate of lime, (apatite,) asbestos, amianthus and any other mineral substance having an appreciable value;

6. The words "mining division" mean and designate any "Mining tract of country declared to be a "mining division" under this divisions." section;

7. The words "public lands" mean and designate all Crown Public lands or Ordnance lands transferred to the Province, Clergy lands." lands or lands of the Jesuits' Estates, Crown Domain or Seigniory of Lauzon, which have not been alienated by the Crown;

"Crown lands."

"Private lands."

"Private person."

"Claim."

"Party wall."

"Mill license."

"Licensed mills."

"Licensed

"Miner."

8. The words "Crown lands" have the same meaning as the words "public lands;"

9. The words "private lands" designate all lands conceded or otherwise alienated by the Crown, other than mining lands or locations, sold by the Crown as such, or which shall be hereafter so sold;

10. The words "private person mean any person who possesses, as owner or usufructuary, a lot of land upon which a mine of gold, silver, or other ore, exists or is supposed to exist;

11. The word "claim" designates a parcel of land taken possession of under this section for mining purposes;

12. The words "party wall or passage" designate a bank of earth or rock left between two excavations;

13. The words "mill license" mean a permit to use machinery for the purpose of extracting gold or silver from rock or quartz;

14. The words "licensed mills" designate the mills or machines so licensed; and the words "licensed mill-owner" desigmill-owners." nate the person to whom any such license has been granted: 15. The word "miner" designates any person employed in mining for gold or silver, or in any work connected therewith, in any capacity whatsoever, except the workmen temporarily employed in the construction or repair of the surface buildings;

"Baser metals."

'Mining location."

"Licensee."

Measurement.

Aliens.

Reserve of mining rights.

Mining rights

16. The words "baser metals" mean and include all ores, which are not gold or silver, and all mineral deposits of appreciable value;

17. The words "mining location" mean any tract of country sold for the purpose of mining for ores;

18. The word "licensee" is held to mean any person holding a license under this section.

43

19. All measurements and distances under this chapter are made and taken to be according to English measurement. 44 V., c. 12, ss. 1 and 164; 51-52 V., c. 15, s. 9.

§ 2. Privileges of Aliens and Reserve of Mining Rights.

1422. Aliens, as well as British subjects, may enjoy the benefit of this section, by complying with its provisions and submitting thereto. 43-44 V., c. 12 s. 2.

1423. It shall not be necessary, in any letters-patent for lands granted for agricultural purposes, to mention the reserve of mining rights, which reserve is always supposed to exist under the provisions of this section. 43-44 V., c. 12, s. 3.

1424. As respects the Crown, such mining rights, so tacitly to be property reserved, shall be property separate from the soil covering such separate from mines and minerals comprised in such rights, and shall conthe soil. stitute a property under the soil which shall also be public pro

perty, independent from that of the soil which is above it, un- Exception less the proprietor of the soil has acquired it from the Crown when mining rights and as a mining location or otherwise, in which case both the soil property in and the property under the soil form but one and the same soil belong to private property.

same person.

2. However, whenever a person who has become owner of Effect of the the soil and of the property under the soil, under any title, sale of mining rights. before the tenth of June, 1884, sells, hypothecates, leases or affects the mining rights in such property to another person, under article 2099 of the Civil Code of Lower Canada, such soil and the property under the soil again become two properties perfectly distinct and independent from each other, for all lawful purposes, as they were when in the possession of the Crown, so that the sale, judicial or otherwise, of one of these properties, does not in any way affect the other.

confusion of

3. It is, however, well understood that the rights acquired Rights acquire over such property, during the confusion in the ownership of ed during the soil and of the property under the soil, are in no wise property. affected by the subsequent sale of mining rights and the division of the property in the soil and of that under the soil arising therefrom under this section; except only that the owner of the property under the soil shall be sued and made a party to the suit in the same manner as if he had purchased a part or portion of the soil. 47 V., c. 22, s. 1.

§ 3. Additional Price exigible in certain cases, before
Working a Mine.

chase of

lands sold for

1425. Any person who previous to the 24th July, 1880, Additional obtained by letters-patent, for agricultural purposes but with price for purreservation by the Government of the mining rights, any lot mining rights whatever, forming part of the public lands of this Province, reserved upon may, if he or his legal representative discover and wish to agricultural work a mine, purchase the mining rights so reserved by the purposes. Government, by paying in cash to the Commissioner, over and above the price already paid for said lot, a sufficient additional amount to make up the sum of two dollars per acre, if for gold or silver, and one dollar per acre, if for copper, iron, lead or other baser metal. 43-44 V., c. 12, s. 4.

to mine for

sold for agri

1426. Every proprietor of land, sold for agricultural pur- Additional poses, by letters-patent, but without any reservation by the price required Government of the mining rights, or the legal representative gold or silver of such proprietor, who discovers upon such land a gold or upon lands silver mine, may work the same, without taking out a license cultural purfor that purpose, by paying to the Commissioner, over and poses, without above the price already paid for such land, a sufficient addi- reserve of mining rights. tional amount to make up the sum of two dollars per acre. 43-44 V., c. 12, s. 5.

1427. The provisions of the preceding article shall equally Article 1426

applicable to: apply:

Censitaires in certain seigniories;

Seigniors

for unconced

1. To censitaires in seigniories in which the Crown still holds mining rights, whenever such censitaires or their legal representatives discover, upon their lands, gold or silver mines and wish to work them, by their paying to the Commissioner, the sum of one dollar and fifty cents per acre, for the whole of their lands, or for at least one hundred acres, at one and the same time;

2. To the seignior or proprietor of the unconceded portion or proprietors of a seigniory, by his paying to the said Commissioner, the ed portion of sum of two dollars per acre, for the whole extent of such unconceded part of the said seigniory, as limited by the following paragraph:

a seignory.

Proviso:

Extent of land for min

Provided that, in all cases, no such proprietor in virtue of letters-patent, censitaire or seignior, can thus obtain mining ing limited. rights for gold or silver or mine for these metals on a larger extent than that fixed by article 1451, or by article 1452, when the Lieutenant-Governor in Council deems it expedient to increase the extent fixed by the said article 1451. 43-44 V., c. 12, s. 6.

ed since 1878,

1428. If, on any lot of land granted by letters-patent, Additional price for since the ninth March, one thousand eight hundred and seventyfands conced- eight, or which shall hereafter be granted, on the usual terms or to be so,for and conditions, for agricultural purposes, a mine of phosphate agricultural of lime has been found to exist, any purchaser of such lot or his legal representative shall, if he wish to work such mine, pay in cash to the Commissioner a sufficient additional amount to make up the sum of two dollars per acre. 43-44 V., c. 12, s. 7.

purposes.

Additional 1429. Every person who may acquire by letters-patent, price for on the usual terms and conditions, for agricultural purmining for baser metals, poses, any lot whatsoever, upon which he may discover a mine on lands ob- of baser metals, excepting phosphate of lime, shall, if he or agricultural his legal representative wish to work the same, pay to the Commissioner a sufficient additional amount to make the sum of one dollar per acre. 43-44 V., c. 12, s. 8.

tained for

purposes.

The five pre

up

1430. The grantees of lands under gratuitous title and their ceding arti- legal representatives are subject to the provisions of the five cles apply to certain gran- next preceding articles. 43-44 V., c. 12, s. 9.

tees.

price to mine for gold or

silver on

purpose

of

Additional 1431. Every person who obtains, by letters patent, for the mining for baser metals, one or more lots forming part of the public lands of this Province, shall, if he or his Crown lands, legal representative discover and wish to work, or cause to be obtained for, worked, any gold or silver mine thereon, pay to the Commissioner, over and above the price already paid for such mining baser metals. land, a sufficient additional amount to make up the sum of two dollars per acre, provided always that the sum, already paid, does not reach the latter amount, and a sufficient additional amount to make up the sum of two dollars per acre, if

mining for