108. Any person found removing, or disturbing, with Removing, &c, intent to remove, any stake or picket planted under the stake, &c; provisions of this act, 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.

without

109. Whosoever makes use of any mill or machinery, Using mill other than those worked by hand, within or near any mi- license: ning division, for the crushing or reduction of quartz or the obtaining of gold therefrom, by crushing, stamping, amalgamation or otherwise, without a special license therefor, is liable to a fine not exceeding one hundred dollars and costs or, in default of payment, to imprisonment for a period not exeeding two months.

110. Erery licensed mill owner, or, in the case of an Mill owners incorporated company, every manager or agent thereof, no

ply to inspector; who omits to enter the statement or any of the details which he is required to enter, in his book, under sections 91 and 92 of this act, or who delays sending in the return which he is bound to make, is liable for every day of such omission or delay, to a fine not exceeding twenty dollars and costs or, in default of payment, to imprisonment for a period not exceeding one month.

111. Every person who discontinues working in any pit, Not fencing shaft or excavation whatsoever, of four feet or more in pit, de; depth, without fencing in the same to a height of at least four feet, is liable for each offence, to a fine not exceeding fifty dollars and costs or, in default of payment, to imprisonment for a period not exceeding one month.

112. Every licensee under this act, who, when required Refusing to. so to do, refuses to exhibit his license to the inspector of license the mining division or to any constable or peace officer, deputed by such inspector, 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.

to allow

113. Every holder of a mining license, engaged in Refusing mining upon any land whatever, who refuses to allow the local

inspector, &c. inspector of the division, or any constable or peace officer, to visit_lands authorized by such inspector, to enter upon the lands on which he is so working, while in the performance of their official duties ; or who refuses, when thereunto required, to afford them the facilities and assistance necessary for such purpose, 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.

INI

Inspector ... 114. Every inspector of mines, who, while he is in office, in mining

erest takes a share in the working of the mines generally, either lands in his in his own name or in that of another for him, directly or division;

indirectly, is liable, (in addition to dismissal from office and the voidance of the title or interest which he has obtained), to a fine not exceeding four hundred dollars and costs, or, in default of payment, to imprisonment for a period not exceeding one year.

Witnesses refusing to appear or to swear;

115. Every witness lawfully summoned, who refuses to appear or to take the oath and to testify, is liable to a fine of fire dollars and costs, for every such refusal, or to be imprisoned until he consents to take the oath or affirmation and to testify.

PEXALTIES FOR SELLING INTOXICATING LIQUORS IN A

MINING DIVISION.

For selling liqucrs without license;

116. Whosoever sells or barters any intoxicating liquors, within a mining division, without having first obtained a license for that purpose from the inspector of the division, under this act, is liable to a fine, not exceeding one hundred dollars and costs or, in default of payment, to imprisonment for a period not exceeding two months, in addition to the forfeiture of such intoxicating liquors, found in his possession.

On selling - 117. Whosoever, by himself, or his clerk, his servant or or exchanging Liquors, &c. agent, exposes or keeps for sale, directly or indirectly, under

any pretext, or by any device sells or barters for any consideration whatsoever ; or gives to any other person any intoxicating liquor, or any mixed liquor, part of which is intoxicating, incurs the penalties mentioned in the next preceding section.

Guilt of persons selling, being employed by others.

118. Whosoever, in the employment or on the premises of another exposes or keeps for sale, or sells or barters or gives intoxicating liquor, in violation of the two next preceding sections, is deemed to be equally guilty with his principal and incurs the same penalty.

What con 119. The delivery of intoxicating liquor of any kind, stitutes a sale .

exchange in or from any building, booth, or place, other than a of intoxicating private dwelling house or its dependencies, or in or from liquors.

any dwelling house or its dependencies, if any part thereof is used as a tavern, eating house, grocery, shop, or other place of common resort,—such delivery, in either case, being to any one not bond. fide a resident therein, is prima

facie, deemed sufficient evidence of and punishable as a sale and barter of intoxicating liquor, in violation of this act.

120. Any delivery of intoxicating liquor in or from a The same.

private dwelling house, or its dependencies, or in or from any other building or place whatever to any one, whether resident therein or not, with payment or promise of payment, either express or implied, before, on or after such delivery, is prima facie deemed sufficient evidence of and punishable as a sale and barter of intoxicating liquor in violation of this act.

PENALT:Es FOR CONTRAVENING THIS ACT, when No OTHER
IS PROVIDED.

121. Every person contravening this act or any rule or Penalty in regulation made under it, where no other penalty or punish- * ment is imposed, is liable, for every day on which such " contravention occurs, or continues, or is repeated, to a fine not exceeding twenty dollars and costs or, in default of payment, to imprisonment not exceeding one month.

GENERAL PROVISIONS.

122. In making the valuation of taxable mining lands in valuation of a municipality, in which there exists an immoveable prop-i.” erty, containing a mine which is being worked, the miled, 46. assessors shall assess such immovable, without taking into consideration the increased value, arising from the existence of such mine, ores, pits, shafts, excavations, tunnels, mills, machinery and other buildings, structures and dependencies used or to be used exclusively for the working of such mine, during the period of ten years dating from the passing of this act; but such exemption does not apply to Exemption. dwelling houses and their dependencies.

123. Article 712 of the municipal code is so amended as Art. 712 :-- - - - municipal to give effect to the next preceding section. oad. ed. 124. The lieutenant governor in council, may, from time Power of - - - - lieutenant to time, make any regulation which he may deem neces-. sary or expedient : certain cases. 1. For diminishing or increasing the size or altering the form of claims granted under this act ; 2. For altering the price, terms and conditions of mining licenses and for increasing the price of mining locations; 3. For the opening, construction, maintenance and use

of shafts, conduits or sluices, through or upon claims or

mining locations, to facilitate the carriage and passage of water for mining purposes ;

4. For establishing and maintaining roads, through mining divisions, and generally for the better carrying out of the provisions of this act.

All such regulations, having been published in the Quebec Official Gazette, shall have force of law.

ma

" Act respect. 125. The lieutenant governor in council may, by pro. ing riots near whomotie

his clamation, whenever he deem it expedient declare that the c. 29, C. S. C., “ Acts respecting riots near public works” being chapter forced by

twenty-nine of the consolidated statutes of Canada and its proclamation; amendments, shall apply to one or more mining divisions,

in so far as its provisions may be applicable ; the said act shall have force of law, from and after the date of such proclamation, in the mining division or divisions mentioned

in the same. May be

The lieutenant governor in council, may, in the same discontinued; m

manner, from time to time declare the said act to be no longer in force in such mining division or divisions, and

again put the same in force, when he deems it advisable. Not to bave But no such proclamation can have any effect within the effect in limits of biter apy city.

PROSECUTIONS.

Apologies , offences or sdopted in each

for

Application 126. All the provisions of this act relating to indictable of 32-33 Vic.,

• offences or summary convictions, as well as to the proceed. and c. 103 of ings to be adopted in each of such cases, shall be so interC. S. L. C.

preted that the statutes of Canada 32-33 Vict. Chaps. 30 and 31 shall be applicable thereto, as also those provisions of chapter 103 of the Consolidated Statutes for Lower Canada,

which are not hereby specially repealed or amended. Prosecutions 127. Prosecutions for the recorery of royalties due to ally. the crown, are brought in the name of the commissioner of

crown lands and other prosecutions for contraventions of the present act are brought in the name of a complainant.

PROSECUTIONS FOR CONTRAVENING THIS ACT. The same for 128. Prosecutions for the recovery of fines or penalties, recovery of

imposed by this act, or by the regulations made in virtue thereof, the recovery of dues and fees exigible thereunder, and for all contraventions of the provisions therein mentioned, are brought before the inspector of each mining

division, having jurisdiction. Inspector 129. The inspector of each mining division is hereby ex-officio

constituted ex-officio, a justice of the peace for the district,

fines.

peace.

which may comprise or include, in whole or in part, the justice of mining division, for which he has been appointed, or in the p which district or portions thereof, there may be one or more mining divisions, in which he is bound to perform his duties.

ctor.

130. It is not necessary that the inspector have any Qualification property qualification, to allow of his lawfully acting as a of justice of the peace.

131. As a justice of the peace, the inspector possesses Jurisdiction (except in the case of rights or titles, relating to immoveable of inspector. property, in which he must decline to act, if such cases occur,) the jurisdiction, authority, rights and privileges which may be conferred, by the laws then in force, upon any police magistrate, district magistrate, judge of the sessions of the peace, justice of the peace, sheriff or recorder, throughout the whole extent of the territory, for which he has been appointed.

132. He decides in-a summary manner, all contestations Power of respecting the dimensions or boundaries of mining claims, i

inspector the use of water-courses, the approaches thereto, the decisions. · damages caused to other persons by licensees; and his decision is final and without appeal, in all things within his jurisdiction.

wages.

133. The inspector of any mining division may, for and Power to . in respect of wages, hear and decide (within his division)

decide claims any complaint or dispute between persons or companies, engaged in mining or their agents or representatives and the laborers or servants, employed by them.

13 1. He may, by writ of summons, cause the defendants May summon to appear before him.

defendant;

135. He may summon any person who is pointed out Witnesses ; to him as an important witness in a case.

136. He may condemn a witness to the penalties men. Condema tioned in section 115, whenever he refuses to appear, freins to when lawfully summoned, or to take the oath and to appear, &c. ; testify,

ence in

137. Upon the application of the plaintiff or of the May take defendant, the inspector may, in his discretion, receive and ev

writing; cause to be taken in writing, the depositions of the witnesses then present, and adjourn the case to a future day, which he shall then fix for such purpose..

journ the depositions of threceive and evidence in