Page images
PDF
EPUB

for phosphate of lime, upon lots of lands sold since the ninth of March, one thousand eight hundred and seventy-eight, or which may hereafter be sold. 43-44 V., c. 12, s. 10.

1432. Whenever an additional sum is so paid under the Receipt reseven next preceding articles, a receipt establishing such pay- cases of seven quired in ment shall be endorsed upon such document or letters-patent preceding by which the land has been so granted, and signed by the articles. Commissioner or his assistant, or other person duly authorized for that purpose, and afterwards registered in the office of the Provincial Registrar, with a reference to the document to which such receipt relates. 43-44 V., c. 12, s. 11.

location

1433. Every person, who obtains by location ticket only, Additional a lot of land from the Crown, on the usual terms and con- price required to mine upon ditions, for agricultural purposes, and does not fulfill the re- lands, held quired conditions, is, together with his legal representatives, under simple bound, if he discover upon such land a mine of any kind and ticket. wish to work the same, to pay an additional amount as mentioned in articles 1426, 1427, 1428 and 1429, otherwise every such sale of land so made may be cancelled by the Commissioner. 43-44 V., c. 12, s. 12.

certain lots.

1434. The Lieutenant-Governor in Council has, in virtue Power to inof the provisions of article 1545, power to increase the price crease price of per acre of the lands mentioned in articles 1425, 1426, 1427, 1428, 1429 and 1433, and all persons desirous of availing themselves of the provisions of the said last mentioned articles must pay the increased prices fixed and to be fixed by order in council, under the provisions of the said article 1545. 49-50 V., c. 30, s. 1.

§ 4.-Royalty.

1435. It is, by the present section, declared that the Lieu- Royalty tenant-Governor in Council may, if he think proper, and in exigible. accordance with the conditions and formalities which he may deem advisable, claim, at any time, the royalty due to the Crown upon any land already sold, conceded or otherwise alienated, or which may be hereafter sold.

Unless such royalty be otherwise established by letters- What it is. patent or other title from the Crown, it shall consist in a sum of two and one half per cent on the gross amount of the gold or silver obtained, and fifty cents for and on each ton of phosphate of lime in its raw state also collected.

s. 13.

$5.-Erection of Mining Divisions.

43-44 V., c. 12,

[ocr errors]

1436. The Lieutenant-Governor may, by order in council, Erection of erect into a mining division any portion of the Province which mining divi he may think proper, enlarge or diminish such division, from

sions.

Order in Council to be published in Official Gazette.

Chaudiere" and "St. Francis" divisions to continue under other

names.

Mode of ac

time to time, or abolish the same whenever he deems it necessary. 43-44 V., c. 12, s. 18.

1437. The order in council, so erecting, enlarging, diminishing or abolishing a mining division, shall be published in the Quebec Official Gazette, and every such mining division and the gold and silver mines therein shall be, from and after such publication, subject to the provisions of this section and to the regulations made in conformity therewith. 43-44 V., c. 12, s. 19.

1438. The two gold mining divisions of "Chaudière" and "St. Francis" continue to exist, as at present bounded and described with the exception of their name, which is hereby altered to that of "Chaudière" or "St. Francis Mining Division," as the case may be, until otherwise determined by the Lieutenant-Governor in Council. 43-44 V., c. 12, s. 20.

§ 6.-Method of acquiring Mining Lands.

1439. All lands supposed to contain mines or ores in the quiring lands. Province may be acquired:

Method of ac

quiring mining rights from the Crown.

Idem, upon

work the

mines.

1. From the Commissioner of Crown Lands, by sale and patents of mining locations; or

2. Be occupied and worked as a mining claim, for gold or silver, under a license, as provided for by this section. 43-44 V., c. 12, s. 21.

1440. The mining rights belonging to the Crown which consist of the ownership of the property under the soil, under articles 1423 and 1424, may be acquired from the Commissioner by sale or lease, or by license or permit of occupation by the proprietor of the soil, who has a preferential right to the purchase of such mining rights.

Any miner may acquire mining rights if the proprietor of refusal of pro- the soil neglect or refuse to work the said mines, after having prietor to put the proprietor in default by notice given under articles 1483 and 1484, by paying, upon the award of arbitrators as hereinafter provided, all the damages and losses that he may cause the latter in mining or attempting to mine under such soil. 47 V., c. 22, s. 3.

Name of min

1441. Every property under the soil, so sold or ceded by ing location. lease or otherwise, shall be designated under the name of "underground mining location." 47 V., c. 22, s. 3.

Price of sale

Lieutenant

1442. The Lieutenant-Governor in Council, whenever he to be fixed by deems it expedient, establishes the price of the sale, the Governor; amount of the lease, the fee or price for the leasing or royalty, which shall be imposed and also all other conditions.

He, at the same time, determines the form or extent of Also form and such underground mining locations, regard being had to the extent of minsituation, nature and value of the mineral deposits, the rich- ing locations. ness of the mine, and the greater or less facility of working it. 47 V., c. 22, s. 3.

cases of dam

ages suffered

1443. The losses and damages suffered by the proprietor Arbitration in of the soil by reason of such working shall be estimated by mutual agreement between the parties, if not, by arbitrators by proprietor in the manner provided by the Code of Civil Procedure in the of the soil. title respecting arbitration; except that, within the limits of

a mining division, the inspector, and outside such limits, the Commissioner of Crown Lands, shall replace the court. 47 V., c. 22, s. 3.

arbitrators.

1444. In assessing such damages the arbitrators shall, if it Duties of concern land under cultivation, take into account the damages and inconveniences which may be suffered by the proprietor of the soil owing to the working of such mines.

No permit to search for mines, or mining concession shall, Mining in garwithout the formal consent of the proprietor of the soil, give a hibited. dens, &c., proright to explore and open pits or galleries or to erect machines or stores in fields, yards or gardens, or upon lands close to dwelling houses or boundary fences, within a distance of three hundred feet from such fences or dwellings. 47 V., c. 22, s. 3.

be followed

1445. Before any mining works shall be commenced the Procedure to procedure established by articles 1498 and 1499 shall be fol- before minlowed. 47 V., c. 22, s. 3.

ing.

not occupied

1446. Any person, firm or company may, under a written Prospecting permission to that effect from the Commissioner, prospect and upon lands search, in order to discover mines or ores upon public lands as mining not already occupied as mining claims or otherwise; such claims. written permission shall be exhibited to the inspector of the mining division where such person intends to prospect. 43-44 V., c. 12, s. 22; 47 V., c. 22, s. 4.

cation; pro

1447. The application for permission to prospect shall be Fee on appliaccompanied with a fee of two dollars, and shall contain as perty to be exact a description as possible of the lot required. 47 V., c. described. 22, s. 5.

furnished by

1448. The applicant shall furnish good and sufficient se- Security to be curity, subject to the approval of the Commissioner, to answer applicant. for all losses and damages that he may cause to the proprietor of the soil in making such searches or explorations. 47 V., c. 22, s. 5.

1449. Whoever, under such permission, searches and pros- Report to pects as aforesaid, shall make a report to the Commissioner, or Commissionto the inspector when it is in a mining division, of the result operations.

er of result of

Application of arts. 1510

and 1511.

Dimensions

of mining locations.

Power of

of his operations, during the course of one month after the expiration of such permission. 47 V., c. 22, s. 5.

1450. Articles 1510 and 1511 apply also, in so far as consistent with the provisions of the four preceding articles, to the person or company who, holding a permission as above, has discovered a new mine. 47 V., c. 22, s. 5.

§ 7.-Division, Dimensions and Classification of Mining Locations.

1451. No sales of mining locations, containing more than four hundred acres in superficies, shall be made to the same person. 43-44 V., c. 12, s. 23.

1452. The Lieutenant-Governor in Council has, nevertheLieutenant- less, the right to grant to any person, upon sufficient proof of Governor to his capital and resources, a larger extent of territory than that allowed by the preceding article, but not, in any case, to exceed eight hundred acres. 43-44 V., c. 12, s. 24.

enlarge.

Division of mining locations:

In unsurveyed territories,

In surveyed townships.

Direction of

lines in projected townships.

Lines in unsurveyed territories.

1453. Mining locations are divided into three classes, and each of them respectively, in addition to the usual allowance of five per cent. for highways, in each case, shall be of the following form and dimensions, viz:

1. In unsurveyed territories:

The first class contains 400 acres ;-52 chains in width, by 80 chains and 80 links in depth;

The second class contains 200 acres ;-26 chains in width, by 80 chains and 80 links in depth;

The third class contains 100 acres ;-13 chains in width, by 80 chains and 80 links in depth.

Nevertheless, the form and superficial area of mining locations, for working gold or silver mines, cannot, in any case, exceed those assigned to the second class.

2. In surveyed townships:

The three aforesaid classes respectively comprise: one, two and four lots, as regularly divided, or more or less, as the case may be, if such lots, being of irregular form, contain more or less than one hundred acres each in superficies. 43-44 V., c. 12, s. 25.

1454. In townships which are merely projected, the side lines of such locations must be parallel to the side lines of the said townships, and the front and rear lines must coincide with the range lines as projected. 43-44 V., c. 12, s. 26.

1455. In unsurveyed territories, the direction of the exterior lines of all mining locations shall be determined by the Commissioner. 43-44 V., c. 12, s. 27.

tions in unsur

1456. All mining locations, comprised in an unsurveyed Position of territory, shall be surveyed by a provincial land surveyor, act- mining loca ing under the instructions of the Department of Crown Lands, veyed terriand be connected with some known point in previous surveys, tories, how so as to be laid down upon the office maps of such territory, of record in the Department.

determined.

Such surveys are made at the cost of the applicants, who Cost of surare required to furnish, with their application to purchase, the veys. plan of the surveyor establishing the position and dimensions of the locations they desire to purchase, with the field-notes and procès-verbal of the operations; the whole in conformity with the present section and to the satisfaction of the Commissioner. 43-44 V., c. 12, s. 28.

§ 8.-Price of Locations.-Reserves.—Conditions.

1457. With such applications to purchase and the pro- Price of locaduction of the documents herein before mentioned, applicants at the time of tion to be paid are required to pay to the Department the entire price of the purchase. mining locations which they desire to purchase at the rate of: 1. One dollar per acre, if for the mining of baser metals,

(except phosphate of lime);

2. Two dollars per acre, if for the working of gold, silver or phosphate mines. 43-44 V., c. 12, s. 29.

1458. When mining locations, in unsurveyed territories, Locations border upon lakes or rivers, they shall front on such lakes or bordering on lakes or rivers and be subject, in all cases, to the public rights in navi- rivers. gable and floatable waters.

Further, along such lakes or rivers, there is reserved a right of way, one half chain in breadth, which shall be comprised in the allowance of five per cent. specified in article 1453. 43-44 V., c. 12, s. 30.

Road reserve.

1459. In townships duly erected, as well as in unsurveyed Production of territories, no lands shall be sold under this section, unless specimens required before there be some real indications of the presence of minerals; and sale of mining the proof of such indications must be shown by the exhibition lands. of specimens found upon or in such land, accompanied by affidavits of competent and credible persons, establishing that the specimens exhibited came therefrom. 43-44 V., c. 12, s. 31

mining lands

1460. All sales and patents of mining locations are subject Sales and to the conditions established by the seventh section of the patents of regulations respecting the sale and management of timber on subject to Crown lands, approved by the Lieutenant-Governor in Council, certain condion the 17th day of February, 1874, until the LieutenantGovernor in Council otherwise order; which said section reads as follows:

"On all mineral lands, sold or patented after the 17th day of February, 1874, comprised within the territory now under license, limit holders may, in virtue of such licenses, retain the

« PreviousContinue »