Provision in patents re

serving

timber.

Exception.

Letters-pa

ing locations,

ed only on certain conditions.

privilege of cutting the merchantable pine and spruce timber growing thereon; but these permits shall finally expire after a period of three years from the date of the issue of letterspatent for such lands." 43-44 V., c. 12, s. 32.

1461. The patents for Crown lands, sold as mining locations within the meaning of this section, shall contain a clause reserving all trees of pine or spruce timber, twelve inches and upwards in diameter on the stump; which pine and spruce trees shall continue to be the property of the Crown, with the right of disposing of the same to any person whomsoever, and the right of entering upon the said lands, and cutting and taking therefrom the trees so reserved and making and keeping in repair, across the said locations, all roads necessary for such operations, may be granted by the Crown in favor of any person whomsoever.

Nevertheless, the purchasers or proprietors of such mining locations have the right to cut and take away, for their own use, such trees as they may require for the construction of the buildings and dependencies necessary for their operations. 4344 V., c. 12, s. 33.

1462. Every lot or mining location, sold as either gold or tent for min- silver mining land, shall be finally granted by letters-patent, finally grant- only after proof has been given, to the satisfaction of the Commissioner, that mining for gold or silver upon the said land has been bonâ fide commenced and under license which must be then produced, and that a sum of not less than two hundred dollars has been actually expended by the purchaser of such location; and if, after two consecutive years, such mining works have not been commenced and if the aforesaid amount have not been expended, such land may be confiscated by the Commissioner for the benefit of the Province and be again sold to any other person.

License for each miner.

Every miner in a mining division shall obtain from the inspector of the division a license, for which he shall pay the Fee therefor. sum of two dollars for every three months. 43-44 V., c. 12, s. 34; 47 V., c. 22, s. 6.

§ 9.-Appointment of Officers in Mining Divisions. 1463. All officers of mining divisions are under the general mining offi- control and management of the Commissioner.

Control of

cers.

Certain offi

cers con

tinued in office.

Appointment

Until the Lieutenant-Governor in Council, otherwise orders, the present officers of the "Chaudière" and "St. Francis divisions," are continued therein without any new appointment. 43-44 V., c. 12, s. 35.

1464. The Lieutenant-Governor in Council may, whenof inspectors ever he deems it advisable, appoint all inspectors, policemen officers. or police force and other officers, (except constables,) deemed necessary for the carrying out of the present section, fix their

and other

rank and salaries and prescribe their duties not formally herein prescribed. 43-44 V., c. 12, s. 36.

1465. The inspectors may be appointed for one or more Inspectors mining divisions, as the Lieutenant-Governor in Council thinks may be appointed for proper, under the name of "Inspector for the mining division of (name of the division) or for the mining divisions of (name divisions. of the divisions,)" as the case may be. 43-44 V., c. 12, s. 37.

one or more

formed, if ne

1466. If, in any mining division, no inspector have been Duties, by appointed, or if there be one, and he is unable, for any reason whom perwhatsoever, to perform the duties of his office, the Commis- inspector. sioner may order an officer of his department to temporarily perform the duties of inspector in such division.

c. 12, s. 38.

43-44 V.,

1467. The policemen or police force are subject to the Powers and regulations established by the Lieutenant-Governor in Council, duties of and such policemen and members of the police force so appointed police, &c. have, while they are in office, all the powers and immunities of constables and peace officers and all such additional powers and authority as the Lieutenant-Governor in Council may confer on them.

They may also be employed in such duties as the Lieutenant- Power of Governor may, from time to time, determine. 43-44 V., c. 12, Lieutenants. 39.

§ 10.-Inspectors-Their Duties and Powers.

specting them.

ors and other

1468. Every inspector or other officer who receives public Accountabili moneys, under the present section, is accountable therefor to ty of inspectthe Commissioner, into whose hands he is bound to pay the officers. same, at the dates and in the manner prescribed by the latter. In rendering his accounts to the Commissioner, the inspector Duties of inspectors in shall transmit, in addition to the information required, a return such cases. showing the sums collected by him, and the names of the persons who have obtained mining licenses. 43-44 V., c. 12, s. 40.

1469. The inspector of a mining division may, with the Powers of inspector to approval of the Commissioner, from time to time, appoint con- appoint stables to the number of twelve at most; and the persons so constables. appointed are hereby respectively constituted constables and peace officers, for the purposes of this section, for the time and in the mining divisions for which they are respectively appointed. 43-44 V., c. 12, s. 41.

1470. The inspector has special control over the constables and police force appointed for his division.

He may give such orders or make such regulations, subject to the approval of the Commissioner, as he may deem expedient, respecting the general government of such officers, their clas

Powers of inspector with respect

Power of constables.

By whom
licenses are
granted.
Book kept by
inspectors.

Open to inspection.

Licenses to

sification, rank and particular services, their distribution and inspection and place of residence.

He has absolute power, at any time, to suspend them from their functions and, with respect to constables, to remove and replace them, with the approval of the Commissioner.

All such constables, while in office, have all the powers, authority, rights and privileges conferred on the police force of the cities of Montreal and Quebec respectively, by the provisions of sections one and four of chapter first of title seventh of these Revised Statutes. 43-44 V., c. 12, s. 42.

§ 11.-Granting of Mining Licenses.

1471. Licenses for working mines are granted by the inspector of each mining division.

Every inspector is bound to keep a book or a list in which the licenses are registered and enter therein, upon notice given under article 1508, the names of the licensees, the description of mining claims taken, bounded and staked out by them, under the provisions of this section, and the date of the choice of such claim.

any

one

All books or lists are to be open to the inspection of desiring the same, upon payment of a fee of twenty cents to the inspector. 43-44 V., c. 12, s. 43.

1472. Licenses for mining for gold or silver, beyond the mine for gold limits of mining divisions, may, at any time, be granted by the Commissioner, in his discretion. 43-44 V., c. 12, s. 44.

or silver out

side mining

divisions.

Power of

inspectors

and officers to enter upon

worked.

§ 12.-Inspection of Mines.

1473. Every inspector, constable or peace officer, in a mining division, may, at any time, enter upon private or public lands that are being mined in the said division, and examine mines being the pits, shafts, tunnels, subterranean passages or other mining works or excavations constructed or commenced in any manner whatsoever, and require, from the proprietors of such pits, shafts, tunnels and other mining works, and from their employees all the facilities and assistance necessary for that purpose. 43-44 V., c. 12, s. 45.

Inspector not

or interest in

1474. No inspector of a mining division can, at any time, to take shares either directly or indirectly, so long as he is in office, take any mines in his share, in his own name or in the name of another for him, in the working of the mines at large in the mining division for which he has been appointed, under the penalties mentioned in article 1541. 43-44 V., c. 12, s. 46.

division.

§ 13.-Mining without License forbidden. 1475. From and after the publication in the Quebec taken out by Official Gazette of any order in council, erecting a new min

icenses to be

miners and

ing division in this Province, as well as in those already their emerected, every person, firm or company is prohibited, under ployees before pain of the fines and penalties mentioned in article 1529, from working. mining for gold or silver, either upon public or private lands, without having previously obtained to that effect:

1. A license for that purpose for himself; and further 2. A license for and in the name of every man employed by him and working on his property, in any way whatever, in mining for gold or silver.

A list of such employees must be transmitted, by every List of emproprietor or mining overseer, manager or agent of any com- ployees to be furnished pany, on the fifteenth of each month, to the inspector of the monthly to mining division, which the latter is required to enter in his inspector. book.

This article, however, does not apply to mining locations or Exception. lands acquired by purchase from the Crown as a mining loca- How mining tion, and the persons working them are obliged to take out rights are acquired. only one license, at two dollars for every three months, for Licenses. every mine, but they shall be subject to the other provisions of this section or the regulations which shall be made thereunder.

men.

Nothing in this article shall compel miners to take out a Not to apply license for men engaged exclusively in sinking new mining to certain shafts so long as gold or silver has not been discovered. 4344 V., c. 12, s. 47; 47 V., c. 22, s. 7.

fore commen

1476. Every proprietor of land, mining overseer, manager Conditions or agent of a mining company, is further prohibited, under the required bepenalties mentioned in article 1530, from commencing mining cing to mine. operations before complying with article 1508. 43-44 V., c. 12, s. 48.

§ 14. Sale of Intoxicating Liquor.

1477. The sale or exchange of intoxicating liquor, within License for a radius of seven miles of any mine in operation, is also sale of intoxiprohibited until a license to that effect has been obtained from cating liquors at the mines. the inspector of the mining division, in conformity with section twelfth of chapter fifth of title fourth of these Revised Statutes, under the penalties set forth in the 893rd and following articles.

this respect.

The inspector of a division has the supervision of those who Powers of therein sell intoxicating liquors; he alone may refuse or grant inspectors in such licenses and cancel the same within such radius of seven miles. 43-44 V., c. 12, s. 49; 45 V., c. 14, s. 1.

§ 15.-Form and Duration of Mining Licenses.

1478. There are three descriptions of licenses for mining Licenses to

for gold or silver, known as follows, to wit:

1. Private lands' gold or silver license;

mine for gold

or silver.

2. Public lands' gold or silver license;

Form of such licenses.

What they

3. Licenses for the working of mining locations.

The first is made in the form of schedule A of this section, and the second and the third in the form of schedule B. 4344 V., c. 12, s. 50; 47 V., c. 22, s. 8.

1479. Each of the said licenses must contain the names of must contain. the holders thereof and is not transferable. 43-44 V., c. 12, s. 51.

Procedure

1480. Such licenses are granted upon payment of a fee of one dollar per month for each miner to work on private lands; two dollars per month for each miner to work on public lands; and two dollars for every three months to work mining locations.

It shall however be lawful for the Lieutenant-Governor in Council, whenever he deems it expedient, to require the payment of the royalty mentioned in this section, in lieu and stead of fees for a mining license as aforesaid, except in the places in this Province in which the royalty due to the Crown under letters-patent is paid by means of fees for mining licen43-44 V., c. 12, s. 52; 47 V., c. 22, ss. 9 and 10.

ses.

§ 16.-Powers to Mine on Private Lands.

1481. Every holder of a private lands' gold or silver license is authorized to mine on any private lands, situated in the mining division, for which such license is granted, whenever such private person voluntarily consents or is compelled thereto under the provisions of the following articles. ~ 43-44 V., c. 12, s. 53.

1482. Saving acquired rights, every such licensee shall, in addition, have the consent of the proprietors under valid title of the mining rights, in the case in which the proprietor of the land, which is sought to be mined, is not proprietor of the mining rights. 43-44 V., c. 12, s. 54; 44-45 V., c. 9, s. 1; 47 V., c. 22, s. 11.

§ 17.-Proceedings to be adopted before Mining on Private Lands.

1483. Every person, who desires to mine on private lands, before mining must first cause to be served a notice in writing, according to the form of schedule C of this section, stating:

on such lands. Notice.

1. That he, the petitioner, is holder of a private lands' gold or silver license, as the case may be ;

2. That he intends to mine on the lands of such private per

son;

3. That he is ready to pay the damages arising from such mining operations, to be assessed by mutual agreement. 43-44 V., c. 12, s. 55; 47 V., c. 22, s. 12.