Suits against companies so registered. Only one claim to be occupied by one person. Exception. Privilege of new mine. tion and description of the claim, show how and when such claim was staked out, and when it became the property of the said licensee or of the company represented by him, of which company he shall give the corporate name, and mention where, within the division, such licensee elects his domicile, under pain of forfeiting such claim and of the penalties mentioned in article 1530. Every mining company, so described and registered in the office of the inspector of the mining division in which it works or owns or occupies lands, may be sued under its corporate name before any court of justice in this Province. 43-44 V., c. 12, s. 81; 47 V., c. 22, ss. 19, 20 and 26. 1509. No person can occupy, at the same time, more than one claim upon Crown lands, except, as hereinafter provided for, in the cases of registration of claims rendered temporarily unworkable. 43-44 V., c. 12, s. 82. 1510. The discoverer of a new mine is entitled to a free discoverer of license, in the form of schedule I of this section, valid for twelve months, for one claim of the largest area allowed by this section, or by any regulations which may be issued under it and in force when such discovery is made; provided that such discovery has been immediately reported, in writing, to the inspector of the mining division. Provided notice be given If notice not given. Conditions of discovery. Registration of claim in certain cases. Duty of person so registering. Demand for renewal of license. But any one, who does not immediately report such discovery, is deprived, for the space of one year, of the right to mine on public lands. 43-44 V., c. 12, s. 83. 1511. No person is considered to be the discoverer of a new mine, unless the place of the alleged discovery be distant, if upon a known lead, at least three miles from the nearest known mine on the same lead, and, if not on a known lead, at least one mile at right angles from the course of the lead; if in alluvial workings at least two miles distant from any previously discovered mine. 43-44 V., c. 12, s. 84. 1512. Any person, occupying a claim which in consequence of the excess of water or other unavoidable reasons cannot be worked, may, upon payment of one dollar, have his right to such claim registered in the office of the inspector of the mining division in the book which the inspector is bound to keep for such purpose, and obtain a certificate of registration of claim in the form of schedule E of this section, and he may then proceed to work elsewhere. Every one, who so registers his claim, shall plant in the centre thereof, or as near the centre thereof as possible, a wooden picket, upon which is painted or cut in legible figures the registration number of such claim. 43-44 V., c. 12, s. 85. 1513. Every person, holding a gold or silver mining license, upon renewing the same, is bound, under penalty of the re fusal of such renewal, to make to the inspector of the mining Statement division, whenever he is thereunto required, a full and true required. statement, under oath, of the work performed, and of the gold or silver obtained by him, during the term of such license, which statement may be entered upon the expiring license. 43-44 V., c. 12, s. 86. § 22.-Confiscation of Claims. 1514. Any mining claim may be confiscated by the inspec- Confiscation tor, whenever such claim remains unworked during a period of of claims. four consecutive weeks after it has been taken, staked out and registered, as aforesaid, or whenever, at any time after the expiration of the said four weeks, the licensee ceases to work, during the space of fifteen consecutive days. 43-44 V., c. 12, s. 87. 1515. Nevertheless, such claim shall not be confiscated if Exception. it be proved to the satisfaction of the inspector of the mining division, that the licensee has been unable to work continuously, owing to illness or to any other cause which may be deemed reasonable; but mention of such facts shall be entered in the book to be kept by the inspector under this section. c. 12, s. 88. 43-44 V., work in a 1516. When, by order in council of the Lieutenant-Gov- Effect of ernor, work on mining claims is suspended in any mining suspension of division, it has not the effect of causing any mining claim in division by such division to be considered as unworked within the mean- order of ing of the preceding article. 43-44 V., c. 12. s. 89. Lieutenant- § 23.-Crushing Mills' License. 1517. Every person who desires to employ or make use of License for any mill or machinery, other than those worked by hand, with-ills. crushing in or near any mining division for the crushing or reduction quartz or the obtaining of gold or silver therefrom, by crushing, stamping, amalgamating or otherwise, is required, under the penalties mentioned in article 1536, to obtain beforehand a special license therefor, from the inspector of the mining division upon payment of a fee of five dollars. Such license is in the form of schedule J of this section, and Form of shall be valid for three months at the most. 43-44 V., c. 12, license. &c. s. 90. § 24. Duties of Mill-Owners. 1518. Every licensed mill-owner is required, under the Mill-owner to penalties mentioned in section 1537, to keep an account book, keep book. in which he is bound to enter a clear and distinct statement of all quartz crushed, reduced or amalgamated at such licensed What to mill, and also the following particulars : contain. Monthly statement to inspector. Party walls or passages to reach stream. Renewal of 1. The name of the owner or owners of each distinct parcel or lot of quartz crushed ; 2. The weight of each such parcel or lot; 3. The date of the crushing of the same; 4. The actual yield in weight of gold from each such parcel or lot; 5. The number of the license of the person who has worked such claim. 43-44 V., c. 12, s. 91. 1519. Every owner of a licensed mill, or, if it be a company, every agent or manager of such company, is bound, under the penalties mentioned in article 1537, to furnish monthly, to the inspector of the mining division, a return under oath, compiled from the book containing the aforesaid statements and details for each and every day of the month then last past, together with such other information as the inspector or the Lieutenant-Governor in Council may require. 43-44 V., c. 12, s. 92. § 25.-Party Walls or Passages. 1520. A party wall or passage, at least three feet thick, shall be left between each holding as well on public as on private lands; which said party wall or passage is to be used in common by all parties as a mode of access to the stream, where one exists; and no one shall obstruct such party wall or passage by throwing soil, stones or other material thereon, under the penalties mentioned in article 1531. 43-44 V., c. 12, s. 93. 1521. Any person interested may, at any time, remove a party walls or party wall or passage as aforesaid, if he think proper, but he passages, &c. shall, if required so to do, construct a new mode of access to the water, offering the same facilities as an approach as the party wall or passage so removed, under the penalties enacted in article 1532; but such removal cannot be effected without the written permission of the inspector of the mining division, who shall summarily decide, after hearing the adverse party duly notified. 43-44 V., c. 12, s. 94; 47 V., c. 22, s. 21. Proviso. § 26.-Damages. Damaging 1522. No person working gold or silver mines shall cause other claims. any damage or injury to the occupant of any other claim, by throwing earth, clay, stones or other material upon such other claim, or by causing or allowing any water which may be pumped or baled or may flow from his claim, to flow into or upon such other claim, under the penalties mentioned in article 1533, over and above the damages caused. 43-44 V., c. 12, s. 95. § 27.-Water-Courses and Excavations. be fenced in. 1523. Every miner, who makes a pit, shaft or any excava- Pits, &c., to tion whatever, to a depth of four feet and over, is bound, under the penalties mentioned in article 1538, to enclose the same with a fence, at least four feet in height, if he discontinue working the same for a period of eight days. 43-44 V., c. 12, s. 97. 1524. All owners of claims and mining locations bounded Use of by water-courses or rivers, upon public as well as upon private streams, &c. lands, may make use of such water-courses or rivers in working their respective claims or locations, but without hindering each other, subject in all cases to the provisions of article 1501, if they apply. Every dispute, arising between the parties on this subject, is Settlement of settled and decided by the inspector of the mining division; disputes. and whosoever disobeys the order of the inspector is liable to the penalties mentioned in article 1534. 43-44 V., c. 12, s. 96. § 28. Certain Duties of Licensees. silver on lands 1525. Every person, who prospects or mines for gold or sil- Persons minver upon lands adjoining a mining division, is subject to the ing for gold or provisions of this section, as if he worked within the limits such mining division. 43-44 V., c. 12, s. 98. of adjoining mining division. exhibit licenses, 1526. Every licensee, under this section, is bound, under Licensees to the penalties mentioned in article 1539, whenever required so to do, to exhibit his license to the inspector of the division, or to any constable or peace officer deputed by the said inspector, and to prove to the satisfaction of every such officer, making such demand, that the license which he holds is in force. 4344 V., c. 12, s. 99. 1527. Every licensee is bound, under the penalties men- And to allow tioned in article 1540, to allow the inspector of the mining visits of division, or any constable or other peace officer, deputed by the inspector, &c. the said inspector, to enter upon the lands which he works, and to afford them all necessary facilities and assistance for that purpose. 43-44 V., c, 12, s. 100. § 29.-Penalties for Contraventions. 1528. Whosoever mines, either for himself or for another, Penalty upon in a mining division, without a license therefor, is liable to a persons minfine not exceeding ten dollars and costs, for every day of such ing without contravention, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 101. license; 1529. With the exception of such persons who have regu- Or working larly acquired mining locations or lands, every landowner, without tak ing out license mining overseer, manager or agent of a mining company or for employees; firm, who works a gold or silver mine, without having first obtained a license for every man in his employ, is liable to a fine not exceeding five dollars and costs for every man and for every contravention, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 102. Or working ing descrip tion of claim, &c.; 1530. Every owner, mining overseer, manager or agent of without giv a mining company who commences mining, without having furnished to the inspector the name of the person, or persons if it be a company, the full designation and description of his claim and declared his place of residence, is liable to a fine not exceeding twenty dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 103. Or obstruct or passage; 1531. Whosoever obstructs a party wall or passage upon ing party wall lands worked as mines under this section by throwing thereon earth, stones or other material, is liable, upon summary conviction thereof, before the inspector of the mining division, to a fine not exceeding five dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 104. Or removing 1532. Whosoever removes a party wall or passage and does party wall or not, if thereunto required, provide another mode of access to passage, and the water-course, is liable to the penalty mentioned in the prenot replacing same when ceding article. 43-44 V., c. 12, s. 105. required; Damaging 1533. Whosoever, while engaged in mining for gold or silother claims; ver, causes damage or injury to the occupant of another claim by throwing earth, clay, stones or other material in and upon such claim, or by causing or allowing any water, which may be pumped or baled or which may flow from his claim, to flow into or upon such claim, is liable to a fine not exceeding five dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 106. Not complying with decision of inspector asto use of 1534. Whosoever in working a gold or silver mine does not comply with the decision of the inspector with respect to the use he is to make of a water-course, canal, drain, shoot, or other aqueduct, is liable to a fine not exceeding fifty dollars streams, &c.; and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12, s. 107; 47 V., c. 22, s. 22. Removing, 1535. Any person found removing, or disturbing, with &c., stake, &c. intent to remove, any stake or picket planted under the provisions of this section, is liable to a fine not exceeding ten dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one month. 43-44 V., c. 12 s. 108. |